11 - Approving the Residences at 1400 Bristol Street Project; and Overriding OCALUC's Determination of Inconsistency — Newport Beach City Council, April 9, 2024 (part 1 of 3)

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<,FORN'P City Council Staff Report
April 9, 2024
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Liz Westmoreland, Senior Planner - 949-644-3234, [email protected]
I I I d I T Afl'�-1i�-M\rmW.ZIY•LI:W-t"o a �,OYMI1'1F1Ta l0:? 7MUo i20159 W,OYMIIF% and 2024-23: Approving the Residences at 1400 Bristol Street Project; and Resolution No. 2024-24: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0296)
ABSTRACT:

The Picerne Group (Applicant) is processing several entitlement applications that would allow for the development of 229 apartment units atop a 422-space parking structure and a pedestrian bridge that connects to the approved Residences at 1300 Bristol Street Project, over the Spruce Street right-of-way (Project) at 1400 Bristol Street. The Project is located in the Newport Place Planned Community (PC-11) at the northwest corner of Bristol Street and Spruce Street in the Airport Area. Implementation of the Project would require demolition of the two office buildings totaling 38,764-square-feet and a surface parking lot within the 2.38-acre site.

For the City Council's consideration is the adoption of two resolutions approving a General Plan Amendment, Site Development Review, Traffic Study, Affordable Housing Implementation Plan (AHIP), and acceptance of the environmental document. Also for the City Council's consideration is the introduction of two ordinances approving a Planned Community Development Plan Amendment and a Development Agreement for the Project. Lastly, the City Council will consider adopting a resolution overriding the January 18, 2024, Orange County Airport Land Use Commission (ALUC)'s, determination that the Project is inconsistent with the 2008 JWA Environs Land Use Plan (AELUP) pursuant to Public Utilities Code Section 21676(b). Approval of the Project and the adoption of the resolution to override the ALUC requires a two-thirds majority vote of the City Council.

RECOMMENDATIONS:
a) Conduct a public hearing;
b) Adopt Resolution No. 2024-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296);

Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024

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c) Adopt Resolution No. 2024-23, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan and Traffic Study for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024;
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-9, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; and
f) Adopt Resolution No. 2024-24, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1400 Bristol Project is Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination that the Residences at 1400 Bristol is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022- 0296).

DISCUSSION:

The subject property is located in the Newport Place Planned Community (PC-11) and is approximately 2.38 acres in size. The property is rectangular in shape, located at the northwest corner of Bristol Street and Spruce Street, and adjacent to existing office buildings and surface parking. The north office property located at 1401 Quail Street is currently being considered for residential development (Residences at 1401 Quail Street Project).

Project Description
The Applicant is proposing to demolish the two existing office buildings and construct a 229 for -rent units atop a 422-space parking structure with a connecting bridge to the Residences at 1300 Bristol, over the Spruce Street right-of-way. The parking structure includes one level on -grade (podium level) and two levels below grade with five levels of residential above the podium.

Given that the site is designated for office use by the General Plan, the applicant requests a General Plan Amendment from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2) to allow residential use. The base density allotted to the property if designated MU-H2 is 89 dwelling units. The General Plan Amendment also includes a request to increase the project's base density by 64 dwelling units for a total base of 153 dwelling units. The applicant also proposes a 50% density bonus to increase the total unit count to 229 pursuant to Government Code Section 65915 (Density Bonus Law) and Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus). The dwelling unit calculations are summarized below in Table 1.
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Table 1: Dwelling Unit
Units Based on Existing Nonresidential Uses
89 Additional Units Per Proposed General Plan
Amendment
64 Total Base Units
153
Density Bonus (50%)
77 Total Units Permitted
230
Total Units Provided
229
The 229 apartment units include 40 studio units,126 one -bedroom units, and 63 two -bedroom units. The studio units would be 515 square feet, the one -bedroom units would range from 613 to 896 square feet, and the two -bedroom units are proposed to range from 1,049 to 1,469 square feet.

Of the 229 units, 23 units would be affordable and restricted to very -low-income households. The remaining 203 units would be market -rate, for -rent apartment units.

While there is an overall unit mix of studio (17.5%), one -bedroom (55%), and two -bedroom (27.5%) units, almost all the affordable units are one -bedroom or studio units. The Applicant's project description and project plans are included as Attachment K.

The following approvals are requested to implement the Project as proposed:
• General Plan Amendment (GPA)- A request to change the existing General Plan land use designation from General Commercial Office (CO-G) to Mixed Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment- An amendment to the Newport Place Planned Community (PC-11) to include the project site within the Residential Overlay;
• Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project;
• Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant seeks six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks two development concessions' related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter

20.32 (Density Bonus) of the NBMC and Government Code Section 65915; The terms concession and incentive are used interchangeably. 11-3

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• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC;
• Development Agreement — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; and
• Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum 7) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project.

The project includes a steel truss pedestrian bridge that extends from the proposed project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street. The pedestrian bridge would be located on the second story, at the southern corner of the building. The pedestrian bridge is intended to provide connectivity between the two residential projects and allow sharing of amenities between the sites. The properties are owned and will be operated by the same entity. The applicant will be required to enter into a lease agreement (or other form of agreement) with the City of Newport Beach subject to the payment of fees for the use of air -space over the City's right-of-way.

The following is the proposed rendering of the Project including the pedestrian bridge.

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Figure 1- Rendering from Bristol Street at the intersection of Spruce Street 11-4

Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024

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General Plan Amendment
The subject property is located in the Airport Area and is currently designated as General Commercial Office (CO-G) by the General Plan Land Use Element. The applicant is requesting to change the land use designation of the subject property from the CO-G designation to Mixed -Use Horizontal 2 (MU-H2).

The MU-H2 designation applies to a majority of properties in the Airport Area and allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) and the requested 64 GPA units are not included in the 2,200-unit policy allowance.

The GPA also includes a revision to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to allow 64 additional residential dwelling units at the Property. Conversions of existing commercial space to dwelling units and density bonus units are not tracked within Table LU2 (Exhibit B of Attachment B).

The project helps implement the Sixth Cycle Housing Element and aids the City in its goal to provide new housing opportunities. If approved and the project is permitted, the City will take credit for the units in its annual reporting on housing production to the state.

The project, as proposed, is consistent with all relevant General Plan policies, as included in the proposed resolution (Attachment B). Furthermore, the EIR Addendum 7, prepared for the Project, includes a comprehensive analysis of all relevant General Plan policies.

Charter Section 423 (Measure S) Analysis
Charter Section 423, as implemented through Council Policy A-18 (Guidelines for Implementing Charter Section 423), requires voter approval of any major General Plan amendment. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years.

The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan. Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in the Charter Section 423 analysis because density bonus is mandated by State law and allowed at any site designated for housing. There have been no other General Plan amendments in this Statistical Area within the last 10 years. 11-5

Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024

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Newport Place Planning Community (Zoning Code) Amendment The property is currently located within Industrial Site 3A of PC-11 and not within the Residential Overlay (Overlay) of PC-11. The industrial zoning designation was established in 1972 with the adoption of the planned community text. Office development is and remains an allowed use. A request to allow the subject property to be added to the Overlay of PC-11 is necessary to accommodate the proposed residential development.

Further change to PC-11 is not necessary as the intent of the residential overlay is to allow housing regardless of the underlying zoning category. The property is located within 85 feet of properties subject to the Overlay.

The Overlay allows for multiple residential development as a stand-alone use provided that it includes a minimum of 15% of the base density for lower income households. The project provides this minimum number of affordable units by providing 23 dwelling units as affordable for very -low-income households. The Overlay also contains development standards for multi -residential development, including density, height, setbacks, parking, signage, airport noise compatibility, amenities, and landscaping. Although the Project includes waivers or reductions of the development standards, the overall intent of providing residential opportunities in the proposed Residential Overlay is being met.

Site Development Review
A Site Development Review application is required for multiple -residential development projects, pursuant to the Residential Overlay of PC-11 and consistent with NBMC Section

20.52.080 (Site Development Review). The required findings ensure the proposal is a quality project that is consistent with the General Plan policies and compatible with physical characteristics of the site and surroundings to reduce or minimize potential negative impacts. The site development review application ensures the project will be implemented consistent with the development standards established in the Residential Overlay of PC-11.

Traffic Study
Section 15.40 (Traffic Phasing Ordinance) of the NBMC requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates an excess of 300 new average daily trips (ADT). Ganddini Group Inc. prepared a traffic study dated June 28, 2023 (Exhibit E of Attachment B). The analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable levels of service. Findings related to the preparation of the traffic study are provided in Attachment B.
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Affordable Housing Implementation Plan
The applicant has prepared an Affordable Housing Implementation Plan (AHIP), dated August 11, 2023 (Exhibit D of Attachment B) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant Government Code Section 65915-65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus Code).

Consistent with the affordable housing requirements of the Residential Overlay, 15% or 23 units of the project's 153 base units would be set aside as affordable units to very -low-income households for 55 years. The 15% allocation of very -low-income households makes the project entitled to a density bonus of 50% (77 units) above the maximum number of units allowed by the General Plan.

In addition to the 77 density bonus units requested, the project is entitled to receive three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. A reduction or waiver of any City imposed fee or dedication of land is considered an incentive or concession, however, the decision to approve the incentive/concession is at the sole discretion of the City Council and not guaranteed. The applicant requests the following incentives:

Incentive/Concession Requests.
a. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and Distribution of Affordable Units). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. Granting this incentive would result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility.
b. Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan Land Use Policy LU 6.15.13, the Applicant is required to dedicate a'/z acre of land for a neighborhood park or pay an in -lieu fee for the City to acquire and improve parks in the Airport Area. The applicant is required to pay $1,837,500 for the in -lieu park fee (1/2-acre park equivalent). The Applicant is contributing approximately $581,247 for this purpose; therefore, an incentive/concession is required to waive the remaining fee. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing an identifiable cost reduction that make the provision of affordable units feasible. Because the request includes a waiver of a City imposed fee, the Council has the discretion to approve, deny or modify this concession. 11-7

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Development Standard Waivers
In addition to the density bonus units, parking reductions, and financial concessions, the Project is entitled to receive unlimited waivers or reductions of development standards if the development standard would physically prevent the project from being built at the permitted density. In this case, the Applicant requests waivers of the following development standards, described in greater detail in the December 7, 2023, Planning Commission staff report (Attachment F):

1. Park dedication requirement

2. Residential density

3. Street setbacks

4. Building height

5. Private open space

6. Common open space
Development Aareement
In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC, a development agreement is required as the proposed Project includes an amendment to PC-11 and a General Plan Amendment to change the land use designation. Additionally, the Project includes the development of 50 or more residential units.

The applicant requests a 10-year term of agreement, and this duration should be sufficient to implement the project. The agreement provides assurance that the applicant may proceed with the proposed project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the agreement helps the applicant avoid a waste of resources and escalated costs of the proposed project while encouraging a commitment to private participation in comprehensive planning. Staff supports the requested 10-year term.

The development agreement provides vested rights to develop the project. The total fee will have three components: a public safety fee, a park in -lieu fee, and a general public benefit fee (Table 3). The public safety fee will assist the City with the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 and will serve this area or other public safety needs. The park fee will be used consistent with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and development of a neighborhood park in the Airport Area. The public benefit fee will be used solely at the City Council's discretion. The general public benefit fee is subject to inflation after two years, based on the CPI Index.
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Table 3: Projected Public Benefit Fees
Category
Fee
Public Safety
$232,560
Reduced Park In -Lieu
$581,247
General Public Benefit
$2,893,383
Total
$3,707,190
Finally, the agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq.

The development agreement can be found as Exhibit B of Attachment D of this report.

Plannina Commission Review and Recommendation
On December 7, 2023, the Planning Commission conducted a duly noticed public hearing to consider the requested applications. The Planning Commission discussed the merits of the project, its amenities, required off -site sewer improvements, and the project's contribution to the City's Regional Housing Needs Allocation. One member of the public addressed the Planning Commission regarding the request. At the conclusion of the public hearing, the Planning Commission voted 6-0, with one Commissioner absent, to adopt Resolution No. PC2023-043, recommending the City Council approve the project.

The Planning Commission staff report, meeting minutes, and resolution are included for reference as Attachment Nos. F, G, and H.

Airport Land Use Commission (ALUC) Override
The project site falls within the airport planning area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC) require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP.

ALUC conducted a hearing on the Project at its January 18, 2024, meeting and found the Project is inconsistent with the AELUP due to issues with noise, safety, and concentration of people in areas susceptible to aircraft accidents.

On February 13, 2024, the City Council held a public hearing and adopted Resolution No. 2024-9 to notify ALUC and the California Department of Transportation (Caltrans), Aeronautics Program of the City's intent to override ALUC's determination, as afforded to the City in PUC Section 21676(b). Notice of the Council's action was sent to ALUC and the California Department of Transportation, Aeronautics Program on February 14, 2024, which initiated a 45-day comment period on the intent to override. 11-9

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The City received comments from ALUC on March 12, 2024 and the Caltrans Aeronautics Program on March 12, 2024 (Attachment 1). The letter from ALUC reiterates its concerns about the Project and outlines its response to the City's proposed findings of the potential override. The letter from Caltrans Aeronautics Program also expresses concerns about noise and safety.

Staff believes that the noise and safety concerns have been adequately addressed. The Project is located within the updated 60 dBA CNEL contour, consistent with the updated noise contours approved as part of the Housing Element Implementation Noise -Related Amendments. Additionally, the Project has been conditioned to provide an acoustical report which describes the best design features of the structure that will satisfy noise standards, be attenuated to provide a maximum interior noise level of 45 dBA, and provide advanced air filtration systems to promote cleaner air without the opening of windows.

These conditions of approval mitigate noise issues for the Project and are consistent with the 45 dBA interior noise standards of the AELUP.

With regard to safety concern, the Project complies with the policies and regulations within the JWA Airport Planning Area and follows the safety standards of the AELUP as it is located within Safety Zone 6 and is not within the JWA Clear Zone/Runway Protection Zone. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on August 21, 2023, thereby finding the Project does not exceed obstruction standards and would not be a hazard to air navigation.

As a final review authority on legislative acts, the City Council may choose to override ALUC's determination with a two-thirds vote if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

FISCAL IMPACT:

Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development Economics dated March 12, 2024 (Attachment J). The fiscal impact model used in the report calculates public service impacts for specific land uses that support the residential population, the employment base, and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes, as well as a variety of user charges and fees. The fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in approximately the same way that existing development does. 11-10

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The report concludes that the proposed residential rental project would generate a negative fiscal impact for the City, higher than the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of about $47,229 per year and the project would generate a negative fiscal impact of approximately $74,503. This is consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some very high value luxury residential projects have shown a positive fiscal benefit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year. Additionally, the project will be required to pay public benefit fees as part of the development agreement, which would offset some of the impacts. The project would also provide much needed housing opportunities in the City in furtherance of the certified Housing Element, including 23 rental units affordable to very -low-income households.

ENVIRONMENTAL REVIEW:

Environmental Impact Report Addendum No. 7 has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3.

On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the Program Environmental Impact Report (PEIR) for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR or Negative Declaration that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project.

The entire Addendum No. 7 and its technical appendixes are available online at the City's website at: www.newportbeachca.gov/cega .

NOTICING:

Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways), including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code.

Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.

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ATTACHMENTS:

Attachment A
— Resolution No. 2024-22
Attachment B
— Resolution No. 2024-23
Attachment C
— Ordinance No. 2024-8
Attachment D
— Ordinance No. 2024-9
Attachment E
— Resolution No. 2024-24
Attachment F
— Planning Commission Staff Report (no attachments)
Attachment G
— Planning Commission Meeting Minutes
Attachment H
— Planning Commission Resolution No. 2023-043 (no exhibits) Attachment I —
ALUC and Caltrans Comment Letters
Attachment J — Fiscal Impact Memorandum dated March 12, 2024 Attachment K— Applicant's Project Description and Project Plans 11-12

Attachment A
Resolution No. 2024-22
11-13

RESOLUTION NO. 2024- 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ADDENDUM NO. 7 TO THE 2006 GENERAL PLAN

UPDATE PROGRAM ENVIRONMENTAL IMPACT
REPORT AND THE 2008-2014 CITY OF NEWPORT

BEACH HOUSING ELEMENT UPDATE INITIAL

STUDY/NEGATIVE DECLARATION FOR THE
RESIDENCES AT 1400 BRISTOL STREET PROJECT
LOCATED AT 1400 BRISTOL STREET (PA2022-0296)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by The Piceme Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit which is attached hereto and incorporated by reference ("Property").

WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section

20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project;
11-14

Resolution No. 2024-

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• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space along with two development concessions related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Law");
• Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City;
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and
• Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; 11-15

Resolution No. 2024-

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WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.

PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP");
WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the AELUP;
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding;
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WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; and WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter

20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council adopted Resolution No. 2006-75 on July 25, 2006, thereby certifying the adequacy and completeness of the Environmental Impact Report ("EIR") for the General Plan Update (SCH No. 2006011119), which is attached hereto as Exhibit "B" and incorporated herein by reference. The EIR was prepared in compliance with CEQA Guidelines set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines") and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report ("PEIR") which analyzed the potential impacts of a citywide land use plan, and the goals and policies of the 10 General Plan elements.

Section 2: The City Council adopted General Plan Amendment No. GP2008- 003 on November 22, 2011, thereby approving the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration under CEQA, which is attached hereto as Exhibit "C" and incorporated herein by reference. 11-17

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Section 3: The City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007 and July 24, 2012 respectively, approving Addenda Nos. 1 and 2 to the 2006 General Plan Update EIR which are attached hereto as Exhibits "D" and "E" and incorporated herein by reference, to analyze changes to the development intensities within the North Newport Center Planned Community ("NNCPC") Development Plan. No analysis specific to the Property was included in Addenda Nos. 1 and 2.

Section 4: The City Council adopted Resolution No. 2020-78 on September 8, 2020, approving Addendum No. 3 (ER2020-002), which is attached hereto as Exhibit "F" and incorporated herein by reference, to the 2006 General Plan Update EIR to amend the General Plan Land Use Designation of the Newport Airport Village project located 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from AO (Airport Office and Supporting Uses) to Mixed -Use Horizontal 2 (MU-H2) and to amend Table LU2 (Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling units, exclusive of any permitted density bonus, and 297, 572 square feet of commercial uses. No analysis specific to the Property was included in Addendum No. 3.

Section 5: The City Council adopted Resolution No. 2021-2 on January 26, 2021, approving Addendum No. 4 (ER2020-003), which is attached hereto as Exhibit "G" and incorporated herein by reference, to the PEIR to amend Planned Community Development Plan No. 15 (Koll Center Newport Planned Community) for the creation of a residential overlay zone and a park overlay zone to allow for residential use and a public park within the Koll Center Newport Professional and Business Office Site B, including a major site development review, traffic study, lot line adjustment, affordable housing implementation plan, and development agreement for the Residences at 4400 Von Karman Project. No analysis specific to the Property was included in Addendum No. 4.

Section 6: The City Council adopted Resolution No. 2022-19 on March 22, 2022, approving Addendum No. 5 (ER2022-001), which is attached hereto as Exhibit "H" and incorporated herein by reference, to the PEIR to approve the Residences at 1300 Bristol Street Project. No analysis specific to the Property was included in Addendum No.

5. 11-18

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Section 7: The Planning Commission approved Resolution No. PC2022-011 on May 12, 2022, approving Addendum No. 6 (ER2022-002), which is attached hereto as Exhibit "I" and incorporated herein by reference, to the PEIR to approve the Ritz Carlton Residences Project. No analysis specific to the Property was included in Addendum No.

6. Section 8: The Planning Commission recommended approval to City Council of Addendum No. 8 (PA2023-0040) on December 21, 2023, which is attached hereto as Exhibit " K" and incorporated herein by reference, to the PEI R for the consideration of the Residences at 1401 Quail Street Project. No analysis specific to the Property was included in Addendum No. 8.

Section 9: Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
b. Substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable due diligence at the time the previous EIR was certified as complete, shows any of the following:

The project will have one or more significant effects not discussed in the previous EIR;
ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
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iv. Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 10: Addendum No. 7 to the PEIR was prepared pursuant to Sections 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines.

Section 11: The following environmental topics were analyzed for the Project:

Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal and Cultural Resources, Utilities and Service Systems, and Wildfire. Addendum No. 7 includes analysis of new topics that were not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and Tribal Cultural Resources section. These additional analyses are appropriate for inclusion in Addendum No. 7, but none result in new or increased significant impacts that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines.

Section 12: On the basis of the PEIR and entire environmental review record, the Project (inclusive of recommended conditions of approval) will not result in any new significant impacts that were not previously analyzed in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR. Addendum No. 6 confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in either the PEIR, and Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR, the 2008-2014 Housing Element Update Initial Study/Negative Declaration Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR as augmented by Addendum No. 7 for this Project, are considered part of the record.
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Section 13: Addendum No. 7 which is attached hereto as Exhibit "J" is hereby adopted by the City Council. Addendum No. 7 and related referenced documentation including, but not limited to Exhibits "B" through "J" and "K," constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California.

Section 14: The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.

Section 15: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 16: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Section 17: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk small certify the vote adopting the resolution.

ADOPTED this 9t" day of April, 2024.

Will O'Neill
Mayor
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
7�� C
Aar n C. Harp
City Attorney
Attachments: Exhibit "A"
— Legal Description
Exhibit "B"
— 2006 General Plan Update EIR
Exhibit "C"
— 2008- 2014 City of Newport Beach Housing Element
Update Initial Study/ Negative Declaration
Exhibit "D"
— Addendum No. 1 (North Newport Center)
Exhibit "E"
— Addendum No. 2 (North Newport Center Planned
Community Amendment)
Exhibit "F"
— Addendum No. 3 (Newport Airport Village - ER2020-
002)
Exhibit "G"
— Addendum No. 4 (Residences at 4400 Von Karman —
ER2020- 003)
Exhibit "H"
— Addendum No. 5 (Residences at 1300 Bristol —
ER2022- 001)
Exhibit "I" —
Addendum No. 6 (Ritz Carlton Residences -- PA2021-
296)
Exhibit "X
— Addendum No. 7 (Residences at 1400 Bristol Street —
PA2022-0296)
Exhibit "K"
— Addendum No. 8 (Residences at 1401 Quail Street —
PA2023-0040)
11-22

Exhibit "A"
Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF

MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:

PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET

FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED,

HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER

UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF

EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND

OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977.
11-23

Exhibit "B"
The 2006 General Plan Update EIR
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-24

Exhibit "C"
2008-2014 City of Newport Beach Housing Element Update
Initial Study/ Negative Declaration
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- develop ment/planninq-division/projects-environmental-document-download- page/environmental-document-download -page-arch
11-25

Exhibit "D"
Addendum No. 9 (North Newport Center)
Available separately due to bulk at:
https://www . newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-26

Exhibit "E"
Addendum No. 2 (North Newport Center Planned Community Amendment) Available separately due to bulk at:
https://www.newportbeachca.gov/govemment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-27

Exhibit "F"
Addendum No. 3 (Newport Airport Village — ER2020-002)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-28

Exhibit "G"
Addendum No. 4 (Residences at 4400 Von Karman - ER2020- 003) Available separately due to bulk at:
https://www.newportbeachca.gov/govemment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-29

Exhibit "H"
Addendum No. 5 (Residences at 1300 Bristol - ER2022-001) Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-30

Exhibit "I"
Addendum No. 6 (Ritz Carlton Residences — PA2021-296)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
11-31

Exhibit "J"
Addendum No. 7 (Residences at 1400 Bristol Street — PA2022-0296) Available separately due to bulk at:
https://www . newportbeachca.gov/government/departments/community- development/planning-division/projects-environmental-document-download- page/environmental-document-download-page
11-32

Exhibit "K"
Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040) Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community- development/planning-division/projects-environmental-document-down load- page/environmental-document-download-page
11-33

Attachment B
Resolution No. 2024-23
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RESOLUTION NO. 2024- 23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

GENERAL PLAN AMENDMENT, SITE DEVELOPMENT

REVIEW, AFFORDABLE HOUSING IMPLEMENTATION

PLAN AND TRAFFIC STUDY FOR THE RESIDENCES AT
1400 BRISTOL STREET PROJECT LOCATED AT 1400
BRISTOL STREET (PA2022-0296)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by The Picerne Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property").

WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDK') - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section

20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project;
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development 11-35

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standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, and common open space along with two development concessions related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Lanni');
• Development Agreement ("DA") - A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City;
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and
• Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing;
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WHEREAS, at the hearing, the Planning Commission adopted Resolution No.

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WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter

20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation.

Section 2: The City Council hereby approves a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan, and Traffic Study subject to the conditions of approval which are attached hereto as Exhibits "B" through "F" respectively, and incorporated herein by reference.

Section 3: An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Project is consistent with the General Plan and the GPA is consistent with other General Plan policies as follows:

1. The request is to amend the General Plan Land Use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-112). The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses.

2. The GPA and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual development of 11-38

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residential multifamily dwellings. Additionally, even with the conversion from CO- G to MU-H2, the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area.

3. The GPA from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU- H2) does not eliminate existing or future land uses to the overall detriment of the community given the Property's size, location, and surrounding uses. The existing office buildings on -site were built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The proposed change to allow residential uses would increase the City's housing stock including the provision of 23 units that will be affordable to lower income households.

4. The Property is located in an area of the city that has sufficient utility systems to serve the Project once the Applicant completes a necessary upgrade to an off -site sewer line. As conditioned, the Applicant will replace the existing 10-inch vitrified clay pipe ("VCP") pipe with a 12-inch sewer main, which is located near the intersection of Newport Place and Dove Street. This off -site improvement would result in approximately 435 linear feet of sewer line replacement. No off -site improvements other than typical utility connections are proposed or required as part of the Project (other than the pedestrian bridge that would cross the public right-of-way).

5. The Project is consistent with the following City of Newport Beach General Plan policies that establish fundamental criteria for the formation and implementation of new residential villages in the Airport Area (additional policy analysis is included in Addendum No. 7, prepared for the Project).
a. Land Use Policy LU 1.1 (Unique Environment): Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds.

The Project enhances the distinct, urban character of the Airport Area by providing a means for replacing parking lots and 1970's era office buildings with attractive and functional residential development, in line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The Property 11-39

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is not in or near any of the City's areas that feature the harbor, unique topography, or view sheds. The proposed project would introduce residential units to the Property consistent with the uses and urbanized character of the Airport Area and the proposed Mixed -Use Horizontal 2 (MU-H2) designation. b. Land Use Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element.

The Project establishes 229 multi -family residential units, including 23 affordable units for very low-income households. The Project responds to market needs and diversifies the City's housing stock by adding additional dwelling units to the Airport Area.
c. Land Use Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) - Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review.

The Project is within the boundaries of the AELUP, therefore, the ALUC, must review the GPA and PCDP Amendment pursuant to Government Code Section 65302.3 and Public Utilities Code Section 21676. The purpose of ALUC's review is to determine whether the Project is consistent with the AELUP prior to the City Council taking action on the Project. The Project is consistent with the noise and safety standards of the AELUP. With respect to noise, the City adopted noise -related amendments to the General Plan Noise and Land Use Elements, the Newport Place Planned Community (PC-11) and Title 20 (Planning and Zoning) of the NBMC contours to implement the 6th Cycle Housing Element. The Project is located within the updated 60 decibel (dBA) community noise equivalent level ("CNEL") contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Noise -Airport 11-40

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Environs Land Use Plan) of the NBMC. The Property is outside of any safety zones set forth in the AELUP, therefore, is consistent with the noise standards of the AELUP.
d. Land Use Policy LU 6.15.3 (Airport Compatibility). Require that al/ development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area.

The Project is located at 1400 Bristol Street and approximately 85 feet in height.

The Federal Aviation Administration ("FAA") conducted an aeronautical study of the Project pursuant to applicable federal regulations and has determined no hazard to air navigation for the Project.

The Project is located within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the NBMC. e. Land Use Policy LU 6.15.5 (Residential and Supporting Uses). Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. 11-41

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General Plan Land Use Policy LU 6.15.5 establishes a development limit of 2,200 maximum dwelling units for the Airport Area. Of the 2,200 residential units allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to replace other units and they may be constructed as "in -fill' units to existing commercial or office development within the Conceptual Development Plan Area ("CDPA") of the Airport Area. Any eligible density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC are not included in the 2,200-unit allowance.

The 550 additive units have been previously allocated to the Uptown Newport and Residences at 4400 Von Karman projects. Considering the dwelling unit sum of the previously approved projects, the remaining and available development allocation within the Airport Area would be 353 dwelling units.

With the development of this Project, there would be 264 dwelling units (353- 89=264) exclusive of density bonus units and units authorized through a GPA.

The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential use (office) without a GPA, and the number of peak hour trips generated by cumulative development of the Property shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area is required.

This results in a total of 89 dwelling units. The Project includes a request for a GPA to increase the base units by 64 dwelling units, which results in a total base unit count of 153 dwelling units. With a 50% density bonus, a maximum of 230 units could be constructed and a total of 229 dwelling units are proposed.

Presently, there are a total of 353 remaining and available dwelling units in the Airport Area. Considering the dwelling unit sum of the previously approved projects and this Project, the remaining development allocation within the Airport Area would be 264 (353-89) dwelling units excluding any density bonus units.
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f. Land Use Policy LU 6.15.6 (Size of Residential Villages). Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required.

The Property is 2.38 acres in size. The Residential Overlay of the Newport Place Planned Community (PC-11) allows residential development on sites containing less than 10 acres, if housing units affordable to lower income households are provided. The Project includes 23 dwelling units that will be affordable for very -low-income households. If the Newport Beach Planned Community (PC-11) Development Plan is amended to include the Project within the Residential Overlay, as requested by the Applicant, the Project will be exempt from General Plan Land Use Policy LU 6.15.6 (Size of Residential Villages).
g. Land Use Policy LU 6.15.7 (Overall Density and Housing Types). Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village.

Net acreage shall be exclusive of existing and new rights -of -way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high- rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales.

The Project proposes 153 base units at a density of 64 dwelling units per acre on the 2.38-net-acre site. A waiver from General Plan Land Use Policy LU

6.15.7 regarding maximum density has been requested by the Applicant as a part of the Project in accordance with State Density Bonus Law and Section

20.32 (Density Bonus) of the NBMC. The base density does not include the 50% density bonus of 77 units that is allowed by the State Bonus Density law 11-43

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which includes 23 units set aside for affordable housing. Altogether, the Project has an overall density of 96 dwelling units per acre, which is exclusive of rights - of -ways, public pedestrian ways, and neighborhood parks.

The Project is a for -rent apartment building with 229 units. There is a mixture of unit types, ranging from studios to two -bedroom units, accommodating a variety of household types and incomes. Of the 229 units, 23 units will be affordable to very low-income households and 206 units will be market -rate housing, which will increase the City's overall housing stock for various household income levels.
h. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and Density). Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase.

The Project would be developed in one phase on an individual site with a density of 96 units per acre. The Project provides a mixture of residential unit types that include 23 units of affordable housing to very -low-income households. The proposed density is above the required minimum of 45 units per acre and the Applicant is requesting a development standard waiver allowed by State Density Bonus Law to exceed the maximum density of 50 units per acre.
i. Land Use Policy LU 6.15.13 (Neighborhood Parks Standards). To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights -of -way) of the first phase development in each neighborhood, or % acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. 11-44

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In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan.

The Project includes a waiver from General Plan Land Use Policy LU 6.15.13 (Neighborhood Parks Standards), as allowed by the policy, due to a 2.38-acre parcel size that is too small to feasibly accommodate a park. j. Land Use Policy LU 6.15.14 (Location). Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park),and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways.

See finding for General Plan Land Use Policy LU 6.15.13 (Neighborhood Parks Standards) above, which is incorporated herein by reference. k. Land Use Policy LU 6.15.16 (On -Site Recreation and Open Space Standards). Require developers of multi -family residential developments on parcels 8 acres or larger to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance.

The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of 11-45

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sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30 percent of the parkland dedication requirements.

The Project is located on a 2.38-acre site and is not subject to General Plan Land Use Policy LU 6.15.16, as the policy only applies to properties consisting of eight acres or larger. However, the Project exceeds the 44 square feet per unit minimum by providing approximately 60 square feet per unit (approximately 13,800 square feet) of on -site recreational amenities including a large central courtyard, clubroom, a roof deck, and a lounge area.

I. Land Use Policy LU 6.15.17 (Street and Pedestrian Grid). Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods.

The Project is a podium style development with two driveways for vehicular circulation to the garage entries, accessed from Spruce Street and Bristol Street. Pedestrian connections are provided to public sidewalks along Spruce Street and Bristol Street. The Project retains the curb -to -curb dimension of both Bristol Street and Spruce Street and will include sidewalk easements to provide 10-foot-wide sidewalks.
m. Land Use Policy LU 6.15.18 (Walkable Streets). Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short term parking for visitors and shop customers.

See finding for General Plan Land Use Policy LU 6.15.17 (Street and Pedestrian Grid) above, which is incorporated herein by reference. n. Land Use Policy LU 6.15.19 (Connected Streets). Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. if traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median.
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See finding for General Plan Land Use Policy LU 6.15.17 (Street and Pedestrian Grid) above, which is incorporated herein by reference. o. Land Use Policy LU 6.15.20 (Pedestrian Improvements). Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and to shade the path with trees, pedestrian ways should not be sized as fire lanes.

Pedestrian ways shall be open to the public at all times.

The Project includes conditions of approval requiring the reconstruction of all broken and/or damaged curb, gutter, and sidewalk along Spruce and Bristol Street frontages to preserve and improve all existing sidewalks for pedestrian access.
p. Land Use Policy LU 6.15.22 (Building Massing). Require that high-rise structures be surrounded with low- and mid -rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale.

The Project is approximately 85 feet in height and compatible with nearby properties as well as the larger pattern of development in the Airport Area, with building mass and scale similar to the nearby existing office developments and the approved, but not yet construction 78-foot-tall residential apartment building at 1300 Bristol Street. The nearby property at 1451 Quail Street is developed with an approximately 37-foot tall office building. The property located across the street at 1400 Quail Street, is developed with an approximately 30-foot-tall office building. A project is currently being reviewed for an approximately 86- foot-high condominium project at 1401 Quail Street, which is adjacent to the site. The Project includes pedestrian connectivity to public sidewalks along Bristol Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. Lastly, the Project includes a pedestrian bridge across the Spruce Street right-of-way that would connect to the approved project at 1300 Bristol. The bridge would be connected to and accessible from the second level of both buildings, which would reduce the appearance of bulk and scale from the street level.
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q. Land Use Policy LU 6.15.23 (Sustainability Development Practices). Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources.

This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs - generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on - site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss.

The Project is required to comply with the provisions of the Building and Energy Efficiency Standards codified in Title 24, Parts 6 and 11 of the California Code of Regulations ("CCR") and the Green Building Standards Code codified in Title 24, Part 11 of the CCR. Additionally, the Project would implement water - efficient landscaping, water quality best management practices to treat surface runoff from the Property, and low impact development practices.

The Project is also adjacent to office developments in the Airport Area and would provide housing near employment opportunities. The Project includes pedestrian linkage to public sidewalks that would provide connections throughout the site and to adjacent and surrounding uses, thereby providing an alternative mode of public transportation for the residents and their visitors. The Project would also provide alternative forms of transportation to residents by locating close to the existing Orange County Transportation Authority (OCTA) bus routes provided along Bristol Street and Birch Street.

Tribal Consultation (SB18) Finding:

Pursuant to California Government Code Section 65352.3 ("SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources.

Fact in Support of Tribal Consultation Finding:

The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided 11-48

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notice on January 26, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes:
the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California.

Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources.

Charter Section 423 Analysis Finding:

Section 423 of the Charter of the City of Newport Beach ("Charter Section 423") requires voter approval of any major General Plan amendment. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years.

Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above.

Facts .in Support of Finding with Charter _Section 423:

The Project is the first General Plan Amendment in Statistical Area L1 within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan (2,200 in -fill units maximum in the Airport Area based on conversion of existing commercial floor area). Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. 11-49

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The 64 additional dwelling units result in a net increase of 24 a.m. peak hour trips and 25 p.m, peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 111h Edition trip rate for the proposed use, as provided in Council Policy A-18. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Greenlight thresholds. Furthermore, since there have been no other applicable projects in the last 10 years, there is no need to analyze the cumulative development of 80% of prior General Plan amendments from the last 10 years with the proposed project (i.e., cumulative analysis). As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA.

Section 4: In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth as follows:

Finding of Consistena with Section 20.52.080F 1 :

The proposed development is allowed within the subject zoning district.

Fact in Support of Finding with Section„ 20.52.080(F)(1):

The Property is located within Industrial Site 3 of the Newport Place Planned Community (PC-11). The Project includes a request to amend Property's land use designation to be included as a part of the Residential Overlay of the Newport Place Planned Community (PC-11). The residential overlay allows for residential development consistent with the requested Mixed -Use Horizontal 2 (MU-H2) land use designation and subject to site development review.

Finding of Consistency with Section 20.52.080(F)(2):

The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure;
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ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and
vi. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protection).

Facts. in Support of Finding with Section 2.0.52.080(F)(2):

1. Refer to General Plan Amendment in Section 3 above that discuss the Project's consistency with the proposed Mixed -Use Horizontal 2 (MU-H2) General Plan land use designation.

2. The Project includes PCDP Amendment, which incorporated the zoning regulations for the Property. The amendment, which is a legislative act, would include the Property within the Residential Overlay of the Newport Place Planned Community (PC-11). The PCDP Amendment complies with the intent of the proposed Residential Overlay of the Newport Place Planned Community (PC-11) as follows:
a. The Project allocates 15% of the base units (23 dwelling units) as affordable for very -low-income households.
b. Given the location of Property in the Airport Area which includes a mixture of service uses, hotels, John Wayne Airport and commercial support services, professional offices, and new residential developments that cumulatively contain the ingredients of a planned community, the PCDP Amendment would not disrupt the existing uses within the Planned Community and would add to this diversity of uses, assisting the City in larger scale community planning and the provision of additional housing opportunities.
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c. The Property is located within 85 feet of the Residential Overlay. The property nearest to the Property within the Residential Overlay is 1300 Bristol Street, across Spruce Street. The property at 1300 Bristol has been approved but not yet constructed as a residential apartment project. The Project at 1400 Bristol Street includes a pedestrian bridge that would extend from the subject site to the approved residential project at 1300 Bristol Street. The Project would be consistent with the anticipated future development of 1300 Bristol Street as well other adjacent properties within the Residential Overlay of the Newport Place Planned Community (PC-11). The proposed pedestrian bridge would support pedestrian connectivity that integrates the Project into the existing community and larger residential development that may occur in the future pursuant to Section F (Amenities and Neighborhood Integration) of the Newport Place Planned Community (PC-11).
d. The Project would be subject to the appropriate site and project specific setbacks, density, and height limits for this urban location. All required parking is provided on -site. The Project compiles with the development standards identified for the Residential Overlay, except as modified by the allowed development standard waivers identified in the Affordable Housing Implementation Plan. The Residential Overlay provides a density range for proposed projects and references the Section

20.32 (Density Bonus) of the NBMC that prescribes the maximum density bonus and incentives allowed. Although the PCDP Amendment references a maximum density bonus of 35%, the project requests a 50% density bonus, which is consistent with Section 20.32 (Density Bonus) of the NBMC that allows up to 80% density bonus depending on the percentage of affordable units being provided.

Therefore, the Project is consistent with the intent of the density bonus assumptions in the Residential Overlay provisions of the Newport Place Planned Community (PC-11) and within the maximum allowed by the density bonus provisions.
e. The PCDP Amendment requires a SDR in accordance with Section 20.52.080 of the NBMC. The Project includes a site development review, and all required findings are addressed below.
f. The Newport Place Planned Community (PC-11) requires the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 153 base units, not including density bonus units. Since the Property is 2.28 acres in size, there is a base density of 67 dwelling units per acre.

With the density bonus, there is a total of 229 dwelling units, which results in 96 11-52

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units per acre. Both the base density and density bonus units are not consistent with the Newport Place Planned Community (PC-11) density requirement; however, the Applicant is requesting a development standard waiver which is required under State Density Bonus Law and Section 20.32.080 (Waivers or Reductions of Development Standards) of the NBMC where application of the development standard would physically preclude construction of a density bonus project.
g. The Property is located near existing office buildings within the Airport Area and is not negatively impacted by noise, dust, smoke, vibration, odor, toxic or noxious matter that may be generated by existing commercial or industrial uses nearby. h. Residential dwellings are to be permitted as replacement of existing nonresidential uses, and the number of peak hour trips generated by the Project is not to exceed the number of trips of the underlying permitted nonresidential use. The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. A standardized conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area, as provided by the City Traffic Engineer, is required.

This results in a total of 89 dwelling units, which is the proposed base density of the Project less the GPA units requested. The Applicant is requesting a GPA to increase the base units for the Project by 64 dwelling units. With a 50% density bonus or 77 dwelling units requested, a total of 229 dwelling units are proposed for the Project.

The Property is fully developed and does not support any natural resources and all potential environmental impacts associated with the Project are appropriately addressed through standard building permit procedures, conditions of approval, and the General Plan Policies identified in the for the 2006 General Plan Update PEIR (SCH No. 2006011119) and the City of Newport Beach Housing Element Update Initial Study/Negative Declaration.

3. The proposed six -story residential building would be approximately 85 feet in height inclusive of architectural elements and rooftop mechanical equipment. The architecture would be high -quality and incorporate neutral colors with stone/tile, metal, and glass features. The proposed pedestrian bridge is designed to match the architectural style of the proposed building and the approved, but not yet constructed apartment building at 1300 Bristol Street. The pedestrian bridge includes "see - through" elements that reduce its mass and scale. The Project's building mass 11-53

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including the pedestrian bridge are compatible with the surrounding office developments and anticipated future development.

4. The Project includes a variety of enhanced amenities such as private balconies for most of the units, an outdoor courtyard with pool and spa, a clubroom, a fitness center, roof deck, and lounge area.

5. The Project includes 422 onsite parking spaces located in a gated parking structure.

Therefore, upon completion of the Project, there would be adequate onsite parking exceeding the minimum required residential standard pursuant to State Density Bonus Law. The parking is largely screened from public view, with two of the three levels located entirely below grade and landscaping buffers around the first floor parking structure.

6. The Property is generally flat and bordered by existing office buildings and developed roadways. The City's General Plan does not identify any scenic vistas or view points on or proximate to the Property. The nearest public view point to the Property identified in the City's General Plan is approximately 0.5 mile south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately 2,000 feet south of the site. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project.

Finding of Consistency with Section 20.52.080(F)(3):

The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development.

Facts in Support of Finding with Section 20.52.080 F 3 :

1. The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment.

2. The proposed residential building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. A Fire Department turnaround area is provided on -site at the rear of the property. Refuse collection is accommodated via an 11-54

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on -site staging area along the private driveway (accessed from Bristol Street) to ensure safe maneuvering by refuse vehicles. As conditioned, the Project will also be required to accommodate sufficient queuing for vehicles onsite, so that vehicles waiting to enter the garage will not cause impacts to the Spruce Street right-of-way.

3. The Property is located approximately 0.45-mile of the southemmost John Wayne Airport runway and is within the notification area of the AELUP for John Wayne Airport.

However, the Project is below the maximum transitional imagery surface heights, and thus the Project is within the building height limits of the AELUP. The Property is located partially within the updated 65 dBA CNEL noise contours for John Wayne Airport and Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the residential overlay, the Project shall be required to comply with conditions specified in Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the NBMC, including provisions of noise study, sound attenuation design features, and notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations.

4. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval.

5. As conditioned, the proposed pedestrian bridge shall be required to comply with standards of the Caltrans Highway Design Manual, which includes a minimum vertical clearance above the Spruce Street right-of-way. The final design of the bridge will be subject to City review, which will ensure that the bridge is constructed in a manner that will not obstruct views for motorists, cyclists, or pedestrians in the vicinity.

Section 5: In accordance with Section 15,40.030 (Traffic Phasing Ordinance - Standards for Approval -Findings -Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth as follows:
_
Finding of Consistency with Section 15.040.030 (A)(1):
....,_ , ...,,.,. _.,
That a traffic study for the project has been prepared in compliance with this chapter and Appendix A [NBMC Chapter 15.401,
Fact in Support of Finding with Section 15,040.030 (A)(1):

A traffic study, entitled 1400 Bristol Street North Residences Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated June 28, 2023, attached hereto as Exhibit "E", 11-55

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was prepared forthe Project in compliance with Chapter 15.40 (Traffic Phasing Ordinance and Appendix A) of the NBMC.

Finding of Consistency with Section 15.040.030 (A)(2):

That, based on the weight of the evidence in the administrative record, including the traffic study, one of the fnndings for approval in subsection 15.40.030(B) can be made:
i. Construction of the project will be completed within 60 months of project approval in accordance with Section 15.40.030(B)(1) of the NBMC. ii. Additionally, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection in accordance with Section

15.40.030(B)(1)(a) of the NBMC.

Facts in Support of Finding with Section 15.040.030 (A)(2):

Based on the weight of the evidence in the administrative record, including the Traffic Study, and the conditions of approval, all of the findings for approval in Section

15.40.030(B)(1)(a) can be made in that:
a. The Project is anticipated to be completed by the end of 2026; well within the 60- month criteria. Therefore, the Traffic Study addresses the entire Project development.
b. The Traffic Study provides an evaluation of morning and evening peak hours at 13 existing intersections that are located in the City and the adjoining City of Irvine. c. The Project is projected to generate an additional (i.e. net increase of) 624 daily trips, including 26 peak AM trips and 34 peak PM trips. When these trips distributed to these studied intersections, the analysis concludes that there is no significant impact as the Project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service. 11-56

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Finding of Consistency with -Section _15.040.030 (A)(3_):

That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval.

Fact in Support of Finding with Section 15.040.030 (A)(3):

No improvements or mitigation are necessary because implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. The applicant will be required to pay any applicable Traffic Fair Share fees for the net increase in vehicles trips, which will be used to fund future planned improvements to the City's circulation system. The Applicant will also be subject to the payment of San Joaquin Hills Transportation Corridor Fees.

Section 6: The AHIP, attached hereto as Exhibit "D," is consistent with the intent to implement affordable housing goals within the City pursuant to State Density Bonus Law and Chapter 20.32 (Density Bonus) of the NBMC for the following reasons:

1. Consistent with the requested 50% density bonus, 23 units (15% of the base units) would be set aside as affordable units to lower income households. Lower income households are defined as households with 80% or less of the area median income, adjusted for family size for minimum term of 55 years for very low-income households.

The Project is consistent the provisions of the Residential Overlay of the Newport Place Planned Community (PC-11), which requires a minimum of 15% of base units to be set aside for lower income households.

2. The State Density Bonus Law and Section 20.32 (Density Bonus) of the NBMC provide for an increase in the number of units above General Plan and zoning limits for projects that include a minimum of 15% of the base units affordable to very -low- income households earning 50% or less of area median income. The Project's inclusion of 23 very -low-income units, which is 15% of the base unit count of 153 units makes the Project eligible for 77 additional units. Inclusive of all base units, density bonus units, and affordable units the total project includes 229 units.

3. In addition to the 77 density bonus units and parking reductions, the Project is entitled under State Density Bonus Law and Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC, to receive up to three incentives or concessions that 11-57

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would result in identifiable, financially sufficient, and actual cost reductions. The Project includes two development concessions for the proposed affordable unit mix that does not meet Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC. Additionally, the City may grant a concession from the payment of in -lieu park fees.

Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. In this case, the Project provides a higher percentage of affordable studio units and fewer affordable two -bedroom units compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility.

The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible.

4. In addition to the density bonus units, parking reductions, and concessions, the Project is entitled under State Density Bonus Law and Section 20.32.080 (Waivers or Reductions of Development Standards) of the NBMC, and recent caselaw to receive waivers or reductions of development standards where application of the development standard would physically preclude construction of a density bonus project. In this case, the following development standards are entitled to waiver:
a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 1.97-acre Property is too small to feasibly accommodate a half -acre park. b. Residential density. General Plan Land Use Policy LU 6.15.7 requires residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would comply at 37 dwelling units per acre. Including the proposed GPA units, conversion units, and density bonus units, the Project would not comply at a density of 96 dwelling units per acre and a waiver is necessary to implement the project.
11-58

Resolution No. 2024-

Page 25 of 27 ends

c. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with 8-foot setbacks to Spruce Street and 18-foot setbacks to Bristol Street.
d. Building height. The Newport Place Planned Community (PC-11) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 229 residential units. The Project is designed with a height of approximately 85 feet from established grade. e. Private open space. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC requires a minimum of 5 percent of the gross floor area of each unit to be provided as open space. The Project's studio dwelling units and nine of the two -bedroom units (including 4 units which provide only 2 square feet less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location.
f. Common open space. Section 20.18.030 (Residential Zoning Districts General Developments Standards) of the NBMC requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 17,175 square feet (75 square feet per unit x 229 units). The Project as designed provides approximately 13,800 square feet of common open space due to space limitations on the 2.38-acre lot.
11-59

Resolution No. 2024-

Page 26 of 27 ends

Section 7: Environmental Impact Report Addendum No. 7 was prepared for the Project in compliance with CEQA set forth in California Public Resources Code Section 2100 et seq.; CEQA's implementing regulations set forth in the CEQA Guidelines and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to ensure that the Project will not result in new or increased environmental impacts.

On the basis of the entire environmental record, the Project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in the PEIR and the City of Newport Beach Housing Element Update Initial Study/Negative Declaration. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR or the City of Newport Beach Housing Element Update Initial Study/Negative Declaration, nor has any new information regarding potential for new or more severe significant environmental impacts been identified.

The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.

Section 8: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 9: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
11-60

Resolution No. 2024-

Page 27 of 27 ends

Section 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 9th day of April, 2024,
Will O'Neill
Mayor
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
C.

0.�.�
Aaron C. Harp
City Attorney
Attachments: Exhibit "A" — Legal Description
Exhibit "B" — General Plan Amendment
Exhibit "C" — Site Development Review
Exhibit "D" — Affordable Housing Implementation Plan
Exhibit "E" — Traffic Study
Exhibit "F" — Conditions of Approval
11-61

Exhibit "A"
Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF

MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:

EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON. SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET

FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED,

HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER

UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF

EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND

OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977.
11-62

Exhibit "B"
General Plan Amendment
11-63

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ry
4271
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4106
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µEWP042T PLA
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PA2022-0296 General Plan Amendment HNBG� A CH
1400 Bristol St N City o4 Is I)Msio Bench
GIS Division
November 22, 2023
11-64

Table LL12
Anomaly
Locations
Anomaly
Statistical
Land Use
Development
Number
Area
Designation
Limit (so
Development Limit Other
Additional Information
89 dwelling units were converted from
two existing office buildings totaling
16 L4
CO-GlMU-H2
344,231
64 Qweliing Units
38,764 square feet consistent with LU

6.15.5 and 64 units were added
through a GPA at 1400 Bristol Street
(PA2022-0296)
11-65

Exhibit "C"
Site Development Review
11-66

TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL
NEWPORTBEACH,CA ALIGLST11,2023
TCA # 2022-144
••°�^••" PICERNEGROl1P
C' 20' 40' 80, 1

SITE PLAN LEGEND

ACCESSIBLE PATH OF TRAVEL
0 PODIUM ABOVE

ARCHITECTURAL SITE PLAN
11-67

Exhibit "D"
Affordable Housing Implementation Plan
11-68

I400 BRISTOL STREET NORTH

AFFORDABLE HOUSING IMPLEMENTATIONPLAN AND DENSITYBONUS

APPLICATION
August II, 2023
Prepared by
Springbrook , 111
Realty Advisors, Inc.
11-69

1400 BRISTOL STREET NORTH

AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS

APPLICATION
August 11, 2023
Project Description & Affordability Level
The Picerne Group ("Picerne") is proposing the 1400 Bristol Street North development ("Project") on a 2.38 acre site located in the Newport Place Planned Community ("Property").

The site is generally bounded by Bristol Street North on the South and Spruce Street on the East, with low rise office buildings and surface parking on the North and West sides, The Newport Beach General Plan designates the project site as General Commercial Office (CO-G) and the zoning is Planned Community ("PC") 11, ("PC-11"). A General Plan Amendment to redesignate the site as Mixed Use Horizontal 2 (MU-1-12) and a PC Amendment to include the property in the PC -I I Residential Overlay are being proposed as part of the overall project application. The site is currently developed as 1970's era two story office buildings with surface parking.

The Project is planned to consist of 229 units including 153 base units and 76 density bonus units.

The Newport Place Development Standards, as revised by Council Resolution No. 2023-13 on July 25, 2023 ("Development Standards"), provide that 15 percent of the base units within a residential development shall be affordable to Lower Income households. Lower Income Households, as defined in California Health and Safety Code Section 50079.5, are defined as households earning 80 percent or less of area median income, adjusted for family size, including both Very Low and Low income categories. The affordable housing requirement for this project, as required by the Development Standards, is 23 units (15% of 153 Base units).

Eligibility for Density Bonus
Picerne will be providing 23 units (15% of base units) affordable to Very Low Income households ("Very Low Income Units"). This will comply with the provisions of Government Code Section 65915 applicable to a 50% density bonus. Rents for the Very Low Income Units will be computed in accordance with Health and Safety Code Sec. 50053, as required by Government Code Section 65915(c)(1).
1 11-70

1400 Bristol Street North AtTordable Mousing Plan
August 11, 2023
Density Bonus Computation and Term of Affordability
The density bonus computation for the Project per Government Code Section 65915 is shown below:

Table 1
Density Bonus Computation
nits Based on Existing Nonresidential Uses I 89
dditional Units Per Proposed General Plan
Amendment`
64 Total Base Units
153
Density Bonus (50%)
77 Total Units Permitted
230
Total Units Provided
229
Picerne intends to operate the apartment project as a rental community. The 23 Very Low Income Units will remain rent restricted for a minimum of 55 years, per Government Code Section 65915(c)(1), more than the 30-year affordability term set forth in the Development Standards.

Reduction in Parking
As provided for in Government Code Sec. 65915(p) and Section 20.32.030 of the City's Zoning Code the 1400 Bristol Street North project is eligible for a reduction in parking requirements.

Government Code Section 65915(p) provides the following- (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios:
a. Zero to one bedroom: 1.0 onsite parking space per unit b. Two to three bedrooms: 1.5 onsite parking spaces per unit. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through streetparking. 1 Per Section 423 of the City Charter, with approval of the proposed General Plan Amendment, up to an additional 100 dwelling units are permitted in the Airport .Area by without a vote of the electorate. 2 11-71

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 2 below is a summary of Government Code Sec. 65915 parking requirements vs. spaces to be provided:

Table 2
Parking Requirements
'Fat 2 - ',a- a e -\ -.
'/Un�F\ a al $�'
n� �{�� +Y F K \ \ � r �� n aab' \ ""n C '\`Fn 3+
�N�CN��'S7i ��s d��.�' � �� } � � �� "�F� G 3 \ . �t iF f� y7 p �[ (`� [� h u„ o?a.w a�\ .?. �$�.�;,�a� �, �„"�. �,a� a'�e�;� � h\„�`,..,4� R�.V�..��..-> �e?��°,+? .l��K�€.f!�.�.7...� Studio 4a 1.0 40
1 Bedroom 126 1.0 126
2 Bedroom 63 1,5 95
Total Parking Stalls Required 26
Total Parking Stalls Provided 422
Parking Provided in Excess of Minimum
Requirement 161
Picerne requests that parking requirements be calculated in accordance with Government Code Sec. 65915(p). As shown above, the Project will provide 422 onsite parking spaces for its residential units, which is 161 spaces more than the requirements of Sec. 65915 (p).

Development Incentive Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City's Zoning Code, Picerne is entitled to three concessions or incentives due to providing at least fifteen percent (15%) of the units as affordable for Very Low Income households. Picerne requests the following development incentives:
1) Section V.F.1 of the Development Standards provides that "Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole." Picerne requests that the 23 Very Low Income units be provided utilizing the unit mixes as shown below:

Table 3
Unit Mix
W.

M1�
a :

Studio
40 14
1 Bedroom
126
8 2 Bedroom
63 1
Total
229
23 3
11-72

1400 Bristol Street: North Affordable Housing Plan
August 11, 2023
2) Picerne is required to provide the dedication of a half -acre park or pay the equivalent in - lieu fee for a half -acre park. Picerne is requesting to waive a portion of the in -lieu park fee.

These incentive will result in cost reductions which will provide for the affordable rents to be set in accordance with Government Code Sec. 65915(c). Pursuant to Government Code Sec. 65915(d)(1) "The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written fording, based upon substantial evidence, of any of the following:" (summarized from pertinent sections) (A) the concession or incentive does not result in identifiable and actual cost reductions, (B) would have an adverse impact on public health and safety or on a site listed as a historical site, or (C) is contrary to state or federal law. Government Code Sec. 65915(a)(2) further provides that a jurisdiction "shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section."
Picerne reserves the right to request an additional incentive or concession in the future.

Development Standards Waiver Request
Government Code Sea 65915(e)(1) provides that a city or county may not apply any development standard (including height limits) that will have the effect of physically precluding the construction of a density bonus project at the density permitted under the density bonus statute.

The only exceptions to this prohibition are if the development standards waiver would have an impact on health and safety as delineated in Government Code Sec. 65589.5(d), impact on property listed in the California Register of Historical Resources, or if the development standards waiver would be contrary to state or federal law. For the proposed project, the applicant is requesting the following development standard waivers:

General Plan Park Dedication Requirement: Pursuant to General Plan Policy LU 16-15.13, a public park equal to 8 percent of the gross land area of the total development, or a minimum one -half -acre, whichever is greater, shall be provided. This requirement would mandate a one -half -acre park on the 2.38 acre site. The General Plan allows a waiver of its park dedication requirement where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents. The applicant therefore requests waiver of the General Plan Policy LU 16-15.13 public park dedication requirement.

2. PC-11 Development Standards Deviation (30-foot Street Setback): PC-11 development standards require street setbacks of 30 feet from the property line. A 30-foot setback would substantially reduce the Project's development footprint, making it infeasible and impossible to support the proposed 229 dwelling units. Applicant therefore requests a waiver of the PC-11 30-foot setbacks.
4 11-73

1400 Bristol Street North Affordable Housing Plan
Avigust 11, 2023

3. PC-11 Development Standards Deviation (Building Height): PC-11: The Development Standards limit building heights to 55 feet. Given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the Property, imposition of the 55 foot height limit would physically preclude the development of the proposed 229 dwelling units. The proposed building height is 85 feet.

4. Private Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 5% of the gross floor area of each unit to be set aside as private open space with a minimum dimension of 6 feet. The Project's studio dwelling units and 9 of the two -bedroom units (including 4 units which provide 2 sf less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. Therefore, Applicant requests a waiver from this private open space requirement since adherence to this development standard would physically preclude the Project as proposed.

Newport Beach Municipal Code Common Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 75 square feet/unit (17,175 sf total) to be designated as common open space. The applicant requests a waiver to reduce the 75 square feet/unit (17,175 sf total) requirement to approximately 60 square feet/unit (13,800 sf total, or 3,375 sf less than the City requirement). This waiver is necessary in order to accommodate the project's proposed density given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site.

6. General Plan Land Use Policy 6.15.7: General Plan Land Use Policy 6.15.7 (Overall Density and Housing Type) and Section IV.AA of the PC-1I zoning standards prescribe a density range of 30-50 dwelling units per acre ("du/ac"). The Project proposes 153 "base" units on a 2.38 acre parcel, which equates to 64 du/ac, The Project's 153 base units are comprised of 89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4) under the General Plan.

The Project qualifies for a 50% density bonus (i,e., 77 units) in exchange for providing the necessary level of affordable housing. To the extent required, Applicant requests a waiver from the maximum base density standards under LU Policy 6.15.7 and Section IV.A.4 of the PC- 11 in order to construct the Project at the density sought.

Additional detail as to these waiver requests has been submitted separately as part of the development application. Waiver of these requirements is necessary to accommodate the additional units permitted by the density bonus. Government Code Section 65915(e)(1) requires that the waiver requests be approved.

Income Limits and Examples of Eligible Tenants for Affordable Homes Lower Income Households are defined as households whose gross income does not exceed 80% of area median income, adjusted for household size. Lower income Households include Very Low Income Households whose gross income does not exceed 50% of area median income, adjusted for household size. Table 4 on the following page shows the maximum income limits for Very Low Income Households as determined by the U.S. Department of Housing and Urban 5 11-74

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Development and the California Department of Housing and Community Development ("HCD") with household sizes appropriate for the 1400 Bristol Street North project:

Table 4
Maximum Income Limits
at � 7 CQm@
3zaz
1 Person $50,250
2 Person 57,400
3 Person 64,600
4 Person 71,750
5 Person 77,500
Higher income limits apply to larger families; those families however are not considered to be a target market for the Project, where the unit mix consists of studios, one -bedroom, and two - bedroom apartment homes. These income limits are updated annually.

The 23 affordable homes that Picerne will provide will be rented to eligible Very Low Income Households. As shown in Table 4, Very Low Income Households includes incomes ranging from $50,250 per year for a one -person household to $77,500 per year for a five -person household.

As such this could include City employees, school district employees, health care workers, restaurant and other retail workers, and other occupations which provide needed services to our community. While household size, overtime pay, summer jobs, or second jobs may affect eligibility, the income limits above are reflective of pay to many public or health care sector workers, as shown in Table 5 on the following page:
6 11-75

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 5
Examples of Qualifying Salaries
Intormation
Position
Pay Range
Source
Comments
Human Resources Specialist 1
$64,356-$90,444
City
May qualify for Very Low units
depending on household size.

Park Patrol Officer
$45,420463,924
City
Will qualify for Very Low Income units
depending on household size.

Licensed Vocational Nurse (LVN)
$60,000-$87,000
Glassdoor
May qualify for Very Low units
depending on household size.

Newport -Mesa Unified School District
$64.354-$98,740
NMUSD
Credentialed teacher with no advanced
('NMUSD") Teacher
Website
education and up to 5 years experience
may qualify for Very Low Income
units depending on household size.

NMUSD Library Technician.
$46,020-$55,932
NMUSD
At entry level will qualify for Very
Website
Low Income units.

NMUSD MaintenanceWorker
$57,468-$85,116
NMUSD
May qualify for Very Low units
Website
.depending on household size.

The pay ranges shown above are as of 2022 and are subject to update. Retired persons or couples or young business professionals starting their careers may also qualify to rent the affordable homes at 1400 Bristol Street North. In order to provide opportunities for workers to live in one of the affordable homes, the City could provide guidelines providing for acceptance of applications on a priority basis from classes of individuals who qualify under the income limits in effect. The guidelines could provide for priority treatment for City residents, City employees, employees of the local school district, and employees of major health care institutions or other categories identified by the City for priority treatment.

Rental Rate Limits for Affordable Homes
The 23 Very Low Income Units shall be rented at an affordable rent calculated in accordance with the provisions of Section 50053 of the Health and Safety Code. Section 50053 of the Health and Safety Code limits affordable rent to 30% of total income for a Very Low Income household, as calculated in Table 6 on the following page. That section also requires that the rent for a studio unit assumes a one -person household for rent calculation purposes, a one -bedroom unit assumes a two -person household, and a two -bedroom unit assumes a three -person household. The rents calculated are then adjusted by a utility allowance as determined annually by the County of Orange Housing & Community Services Department. As of October 1, 2022, the reduction for the utility allowance is $149.00 per month for a studio unit, $163.00 per month for a one -bedroom unit, and $215.00 per month for a two -bedroom unit. The utility allowance utilized assumes gas cooking, gas space heating, gas water heating, as well as electricity, air conditioning, and water, sewer, and trash fees which are assumed to be paid by the tenant.

The maximum rent levels for 2023/24 by income level are shown in Table 6 on the next page:
7 11-76

1400 Bristol Street North Affordable Housing Plan
August 1 1, 2023
Table 6
Maximum Rents by Bedroom Count
_Maximum
Maximum
_ nu►ial
-'%Iouthly
Utility
:fordable
Bedrooms
Rent
Rent
Allowance
Rent
Studio
$13.418
$1.118
S149
S969
1 Bedroom
15,338
1278
163
1,115
2 Bedroom
17,250
1,438
215
1,223
Picerne will enter into an affordable housing agreement, in recordable form, with the City prior to obtaining the first building permit for any residential unit. That agreement will ensure that the maximum rents for the affordable apartment homes will be calculated using the methodologies as utilized in Table 6. The rental rates shown will be updated prior to the commencement of rental activities and on an ongoing basis to reflect then current income limits, utility allowances, and any changes in applicable regulations and statutes.

Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the 1400 Bristol Street North site has not yet been determined, the affordable homes will be spread throughout the development to avoid concentration of affordable homes in any area. The affordable homes shall be comparable in the quality of construction and exterior design to the market rate homes.

As provided for in the Development Standards, all affordable homes will have access to the facilities and amenities offered by the development.

Requested City of Newport Beach Assistance
Financial Assistance
Picerne is not requesting any direct financial assistance from the City of Newport Beach for this project.
z Rents for Very Low Income units calculated in accordance with Section 50053 of the Health and Safety Code.

E
11-77

Exhibit "E"
Traffic Study
11-78

g3ldJ101
Traffic Engineering e Transportation Planning a Parking a Noise & Vibration Air Quality a Global Climate Change a Health Risk Assessment 11-79

prepared by
Bryan Crawford
Giancarlo Ganddini, PE, PTP
GANDDINI GROUP, INC.
555 Parkcenter Drive, Suite 225
Santa Ana, California 92705
(714) 795-3100 1 ganddini.com
1400 BRISTOL STREET

NORTH RESIDENCES

TRAFFIC IMPACT ANALYSIS
City of Newport Beach
June 28, 2023
Project No. 19604
11-80

TABLE OF CONTENTS
DCECUTIVESUMMARY................................................................................................................................................ IV

1. INTRODUCTION......................................................................................................................................I.............1 ProjectDescription------•...........................................................................................................................................1 StudyArea ................................................ ................................................................................................................1 AnalysisScenarios....................................................................................................................................... 1

2. METHODOLOGY...................................................................................................................................................5 Traffic Phasing Ordinance Analytical Methodology (Non-CEQA).,, ............... _.__ .... _ ... _ ............ ............... 5 Intersection Capacity Utilization Methodology.......................................................................................5 Performance Standards............................................................................................................................... 5 Substantial Operational Deficiency Criteria............................................................................................. 6 Cumulative and General Plan Analytical Methodology(CFQA)..................................._.................................. 6 Thresholds of Significance for General Plan El Addendum................................................................ 6 Vehicle Miles Traveled Analytical Methodology (CEQA).................................................................................6

3. EXISTING CONDITIONS......................................................................................................................................7 Existing Roadway System ....................

PedestrianFacilities.................................................................................................................................................7 BicycleRoutes..........................................................................................................................................................7 TransitFacilities.......................................................................................................................................................7 GeneralPlan Context..............................................................................................................................................7 ExistingTraffic Volumes......................................................................................................................................... 7 Existing Intersection Level of Service.................................................................... .._.... .......... ........ .... .... .... .. 8

4. PROJECT FORECASTS.......................................................................................................................................17 ProjectTrip Generation.... ...................................................................................................... ................. ... .... -17
Project Trip Distribution and Assignment.........................................................................................................17

5. FUTURE VOLUME FORECASTS......................................................................................................................25 City of Newport Beach Approved Projects......................................................................................................25 AmbientGrowth....................................................................................................................................................25 TPO Year 2021 Volume Forecasts ........... _......................................................................................................25

6. TPO ANALYSIS.....................................................................................................................................................30 TPO Year 2027 One -Percent Threshold Analysis...........................................................................................30 TPOImpact Assessment......................................................................................................................................30

7. CEQA ANALYSIS..................................................................................................................................................33 CumulativeProjects..............................................................................................................................................33 CEQA Year 2027 Without Project Volume Forecasts. ............ ........... ................. ......... _._ .... ......... .... 33
CEQA Year 2027 With Project Volume Forecasts..........................................................................................33 CEQA Year 2027 Impact Assessment...............................................................................................................33

8. GENERAL PLAN COMPARISON ANALYSIS.................................................................................................44 GeneralPlan Comparison Methodology...........................................................................................................44 General Plan Comparison Trip Generation and Trip Distribution.................................................................44 Post 2030 General Plan Buildout Without Project Volume Forecasts........................................................44 Post 2030 General Plan Buildout With Project Volume Forecasts..............................................................44 General Plan Comparison Impact Assessment.................................................................................................44 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-81

9. CONGESTION MANAGEMENT PROGRAM.................................................................................................52 Background............ ..._................ ............. ....... ............................................................................ .......................... 52 CMP-Monitored Intersections............................................................................................................................52 Requirements for Improvements .................................................. ............. ....... ....... ................... ....... .............. 52 Criteria for Preparation of CMP Impact Analysis.. . ... .................. ................... ... ..........................52

10. SITE ACCESS AND CIRCULATION..................................................................................................................53 SiteAccess......................•.................................................................... ...................... .................................53 On -Site Circulation............................................................................................................... .............. ..........53

11. VEHICLE MILES TRAVELED (VMT)...............................................................................................................54 Background...... .... ..................... .............. .. ..... __ .... __._ ........... ........... ...... ........... __ ............ ................. 54 VMT Assessment and Screening....................................................... .......... ...... .......... ...54

12. CONCLUSIONS....................................................................................................................................................55 ProjectTrip Generation........................................................................................................................................55 TPOImpact Anaiysis.................... ......... ........... .................. ........................ ..... ...................... ........................ ..""" 55 CEQA Year 2027 Impact Analysis ...................... ___ ........ .......... ...._....... ..........:..........._................... ............ 55 CEQA General Plan Comparison Impact Analysis...........................................................................................55 VMT5creening......................................................................................................................................................55 Congestion Management Program.....................................................................................................................55 Site Access and Circulation... ......................... ...... __ ... ... __ ..... __ ........... ...... ......... ......................... 55

APPENDICES
Appendix A Glossary
Appendix B Volume Count Worksheets
Appendix C Level of Service Worksheets
Appendix D Approved Projects List and Cumulative Projects Appendix E TPO One -Percent Threshold Analysis
Appendix F Existing VMT Per Population Map

LIST OF TABLES
Table 1. Existing (2022) Intersection Levels of Service........................................................................................ 9 Table 2. Project Trip Generation...........................................................................................................................118 Table 3. TPO One -Percent Threshold Analysis Summary..................................................................................31 Table 4. TPO Year 2027 Intersection Levels of Service and Impact Assessment..........................................32 Table 5. Cumulative Projects Trip Generation......................................................................................................34 Table 6, CEQA Year 2027 Intersection Levels of Service and Impact Assessment......................................36 Table 7. General Plan Comparison Trip Generation............................................................................................46 Table 8. General Plan Comparison: Post 2030 General Plan Buiidout Intersection Levels of Service and Impact Assessment...............................................................................................................47

LIST OF FIGURES
Figure1.

Project Location Map...................................................................................................................................3 Figure2.

Site Plan..........................................................................................................................................................4 Figure 3.

Existing Lane Geometry and Intersection Traffic Controls.-..,..... ...... ........ _-_ __ ---------_--_---_-- 10 Figure 4,
Existing Pedestrian Facilities.....................................................................................................................11 Figure 5.

Orange County Transportation Authority System Map......................................................................12 Figure 6.

City of Newport Beach General Plan Master Plan of Streets and Highways..................................13 1400 Bristol Street North Residences
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Figure 7.

City of Newport Beach General Plan Roadway Cross -Sections ........................................................14 Figure 8.

Existing AM Peak Hour Intersection Turning Movement Volumes, ............... __ ... ........ ................ 15 Figure 9.

Existing PM Peak Hour Intersection Turning Movement Volumes...................................................16 Figure 10.

Project Outbound Trip Distribution - Existing General Office Building...........................................19 Figure 11.

Project Inbound Trip Distribution - Existing General Office Building..............................................20 Figure 12.

Project Outbound Trip Distribution - Proposed Residentiai..............................................................21 Figure 13.

Project Inbound Trip Distribution - Proposed Residential...:.............................................................22 Figure 14.

Project (Net) AM Peak Hour Intersection Turning Movement Volumes..........................................23 Figure 15.

Project (Net) PM Peak Hour Intersection Turning Movement Volumes..........................................24 Figure 16.

TPO Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................26 Figure 17.

TPO Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................27 Figure 18.

TPO Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes ............28 Figure 19.

TPO Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes.............29 Figure 20,
Cumulative Projects Location Map.........................................................................................................37 Figure 21.

Cumulative Projects AM Peak Hour Intersection Turning Movement Volumes .............................38 Figure 22.

Cumulative Projects PM Peak Hour Intersection Turning Movement Volumes .............................39 Figure 23.

CEQA Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................40 Figure 24.

CEQA Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................41 Figure 25.

CEQA Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................42 Figure 26.

CEQA Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes .......... 43 Figure 27.

Post 2030 General Plan Buildout Without Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................48 Figure 28.

Post 2030 General Plan Buildout Without Project PM Peak Hour Intersection Turning MovementVolumes..................................................................................................................................49 Figure 29.

Post 2030 General Plan Buildout With Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................50 Figure 30.

Post 2030 General Plan Buildout With Project PM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................51 go-Iddii
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EXECUTIVE SUMMARY
The purpose of this study is to evaluate the potential for transportation impacts resulting from deve4opment of the proposed project both in the context of the City of Newport Beach's discretionary authority for conformance with locally established operational standards and the California Environmental Quality Act (CEQA). Although this is a technical report, effort has been made to write the report clearly and concisely. A glossary is provided in Appendix A to assist the reader with terms related to transportation engineering.

This study was prepared in consultation with City of Newport Beach staff and in accordance with the procedures and methodologies for assessing transportation impacts established by the City of Newport Beach.

To assess the project's conformance with local operational standards, this study evaluates the project's effect on traffic operations in accordance with the City's Traffic Phasing Ordinance (TPO) and, if necessary, identifies recommended improvements or corrective measures to alleviate operational deficiencies substantially caused or worsened by the proposed project. In addition to existing (2022) conditions, this report analyzes forecast traffic conditions for year 2027 (one year after project opening).

For CEQA purposes, this study also evaluates the significance of project -related transportation impacts using cumulative methodology as well as vehicle miles traveled (VMT) analysis relative to criteria established by the City of Newport Beach as the lead agency and, if necessary, identifies any feasible mitigation measures to mitigate any significant impacts. Additionally, analysis was also prepared for Year 2027 cumulative and Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (FIR).

Project Description
The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located at the northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet.

The proposed project involves demolition of the existing office buildings and construction of a new six -story podium apartment building comprised of 230 residential dwelling units (207 market rate and 23 affordable units), podium level amenity space, a business center/leasing office, and 422 parking spaces in an on -grade parking garage with two subterranean levels. Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest.

The proposed project is anticipated to be fully operational by year 2026.

Existing Conditions
The study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions.

Project Trip Generation
The existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecastto result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.
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TPO impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.

CEQA Impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.

CEQA General Pfan Comparison Impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast tc result in no significant Level of Service impacts at the study intersections for Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required.

VMT Screening
The proposed project is located in a City defined low-VMT area for residential use (lower than SS percent of Countywide average VMT per capita). Per the City VMT guidelines and screening criteria, the project is considered to have a less than significant impact an VMT.

Congestion Management Program (CMP)
Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.

Site Access and Circulation
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access.

The project driveway at Spruce Street will continue to provide full access, Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. The final parking and circuiation will be reviewed and approved by the City of Newport Beach.
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1. INTRODUCTION
This section describes the project location, project description, study area, and analysis scenarios.

PROJECT DESCRIPTION
The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located atthe northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet. Figure 1 shows the project location map.

The proposed project involves demolition of the existing office buildings and construction of a new six -story podium apartment building comprised of 230 residential dwelling units (207 market rate and 23 affordable units), podium level amenity space, a business center/leasing office, and 422 parking spaces in an on -grade parking garage with two subterranean levels_ Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest.

The proposed project is anticipated to be fully operational by year 2026. Figure 2 illustrates the project site plan.

STUbY AREA
Based on scoping discussions with City of Newport Beach staff, the study area consists of the following study intersections within the City of Newport Beach, three of which share jurisdiction with the City of Irvine:

Study Intersections'
Jurisdiction

1. Campus Drive (NS) at Bristol Street North (EW)
Newport Beach

2. Irvine Avenue/Campus Drive (NS) at Bristol Street South (EW) Newport Beach

3. Birch Street (NS) at Bristol Street North (EW)
Newport Beach
4,
Birch Street (NS) at Bristol Street South (EW)
Newport Beach

5. MacArthur Boulevard (NS) at Campus Drive (EW)
Newport Beach/Irvine

6. MacArthur Boulevard (NS) at Birch Street (EW)
Newport Beach

7. MacArthur Boulevard (NIS) at Newport Place Dr/Von Karman Avenue (EW) Newport Beach
8_
MacArthur Boulevard (NS) at Jamboree Road (EW)
Newport Beach/Irvine
9,
MacArthur Boulevard (NS) at Bison Avenue (EW)
I Newport Beach

10. Jamboree Road (NS) at Campus Drive (EW)
Newport Beach/Irvine

11. Jamboree Road (NS) at Bristol Street North (EW)
Newport Beach

12. Jamboree Road (NS) at Bristol Street South (EW)
Newport Beach

13. Jamboree Road (NS) at Eastbluff Drive/University Drive (EW) I Newport Beach

ANALYSIS SCENARIOS
In accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO), this traffic report evaluates the following analysis scenarios based on one year after the anticipated project opening year:
a) Existing (2022) Conditions;
b) TPO Year 2027 Without Project; and
c) TPO Year 2027 With Project
' (NS) = North -South roadway; (EW) - East-West roadway 9301ddh
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Additionally, this study also evaluates the following a4ysi5 scenarios in support of the project's proposed cumulative CEQA analysis:
d) CEQA Year 2027 Without Project;
e) CEQA Year 2027 With Project;
Lastly, this study evaluates the following analysis scenarios in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (ElR):
f) General Plan Comparison: Post 2030 General Plan Buildout Without Project; and g) General Plan Comparison: Post 2030 General Plan Buildout With Project. g3ldiii
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Legend
Study Intersection
g3,-d:fii
Figure 1
Project Location Map
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I •� I
ME[I1Al11CAL SPEED nAMP D.Y IS 91 § aao I
h TRAS ,H I u•. SETrItt , lwenitl.m
794SF LJ wnn�aetl
y Sf iR�� ,JI a../LL6ftlFIN
l �' aoXnncitortmaPan k nru •rx 9emnow
c+� �sm�uut XEFIQEXT PAklfIXG xou In wn vµa
anP, itatlufa�owY fli9PMK 7 tliasoa[�u
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N
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BRISTOL STREET N
i
0 93-dJH
Figure 2
Site Plan
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2. METHODOLOGY
This section discusses the analysis methodologies used to assess transportation facility performance as adopted by the respective jurisdictional agencies.

TRAFFIC PHASING ORDINANCE ANALYTICAL METHODOLOGY (NON-CEQA) To establish consistency with the City of Newport Beach General Plan and other City requirements, all proposed land use projects generating 300 or more daily trips are required to prepare a Level of Service analysis for transportation impacts consistent with Chapter 15.40 (Traffic Phasing Ordinance) of the City of Newport Beach Municipal Code. The TPO requires assessment of development project impacts on the City's arterial circulation system based on the Intersection Capacity Utilization (ICU) methodology. While operational ICU analysis is required for conformance with the City's TPO requirements, it is noted that a project's effect on automobile delay (as measured by Level of Service) shall not constitute a significant environmental impact in accordance with current CEQA provisions.

Intersection Capacity Utilization Methodolog
In accordance with City of Newport Beach requirements, levO of service analysis of signalized intersections is based on the ICU methodology. The ICU methodology compares the volume of traffic using the intersection to the capacity of the intersection. The resulting volume -to -capacity (V/C) ratio represents that portion of the hour required to provide sufficient capacity to accommodate all intersection traffic if all approaches operate at capacity. The volume -to -capacity ratio is then correlated to a performance measure known as level of service based on the following thresholds:

Level of Service
Volume/Capacity Ratio
A

0.60tos0.70
C
> 0.70 to 0.80to 0.90 to 1.00
Source: Transportation Research Board, Interim Materials on Highway Capacity, Transportation Research Circular No. 212, January 1980.

Level of service is used to qualitative}y describe the performance of a roadway facility, ranging from Level of service A (free -flow conditions) to Level of Service F (extreme congestion and system failure).

The ICU and Level of Service calculations for this study were performed using the Traffix software. in accordance with City of Newport Beach TPO requirements, the ICU calculations assume a lane capacity of 1,600 vehicles per hour per lane and no factor for yellow time. The project -related increase in ICU is rounded to three decimal places and then rounded to two decimal places.

Performance Standards
The City of Newport Beach has established Level of Service D as the minimum acceptable Level of Service for its arterial roadway systern, except at the following locations where Level of Service E or better is acceptable:
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■ Any intersection in the Airport Area shared with City of Irvine; ■ Dover Drive at Coast Highway;
■ Marguerite Avenue at Coast Highway; and
■ Goldenrod Avenue at Coast Highway.

Substantial Operational Deficiency Criteria
In accordance with the City's TPO, the following criteria are used to determine if a proposed project will result in a substantial Level of Service impact and is required to provide improvements/corrective measures:
■ A substantial project impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more).

If a project is forecast to cause or worsen a substantial Level of Service impact, the project must construct or provide funding for improvements, to the extent feasible, such that the project -related increase in capacity utilization does not exceed the City -established criteria.

CUMULATIVE AND GENERAL PLAN ANALYTICAL METHODOLOGY (CEQA) Although Level of Service impacts no longer constitute a significant environmental impact based on current CEQA provisions, a Level of Service analysis and significant impact evaluation were also prepared for Year 2027 cumulative and Post 2030 General Plan BuMaut conditions, which did include evaluation of Level of Service impacts based on relevant thresholds of significance at the time of preparation. The purpose of the General Plan Comparison analysis is to document whether any new traffic -related impacts would occur compared to the 2006 General Plan EIR based on the proposed project.

Thresholds of Sisnificance for General Plan EIR Addendum Year 2027 cumulative and Post 2030 General Plan Buildout conditions are analyzed based on the same ICU methodology used for the TPO analysis. Based on the 2006 General Plan EIR, the following criteria are used to determine if the proposed project would result in a significant Level of Service impact requiring new mitigation measures.
■ A significant transportation impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more).

VEHICLE MILES TRAVELED ANALYTICAL METHODOLOGY (CEQA)
The metric used to evaluate the transportation impact of land use and transportation projects under CEQA is known as vehicle miles traveled (VMT), In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. Additional information and a detailed project assessment is provided in the Vehicle Miles Traveled section presented later in this report. 1400 Bristol StreetmResidences Traffic
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3. EXISTING CONDITIONS
This section describes the existing transportation setting in the project vicinity

EXISTING ROADWAY SYSTEM
Figure 3 identifies the 4ane geometry and intersection traffic controls for existing conditions based on a field survey of the study area. Regional access to the project area is provided by the San Joaquin Hills Corridor (State Route 73) freeway south of the project site running between Bristol Street North and Bristol Street South, The key north -south roadways providing local circulation are Irvine Avenue, Campus Drive, Birch Street, MacArthur Boulevard, and Jamboree Road. The key east -west roadways providing local circulation are Bristol Street North, Bristol Street South, Newport Place Drive, Von Karman Avenue, Bison Avenue, Eastbluff Drive, and University Avenue.

PEDESTRIAN FACILITIES
Existing pedestrian facilities in the project vicinity are shown on Figure 4

BICYCLE ROUTES
On -street bicycle facilities are provided in the project area along Bristol Street North. Bristol Street North adjacent to the project site has Class II Bike Lane (On -Road Striped) and also is classified as a Class I (Off -Road Paved) Bikeway (sidewalk riding is permitted). Roadways that provide on -street bicycle facilities near the project site include Bristol Street South, Birch Street, and intermittent areas of Jamboree Road and Campus Road.

TRANSIT FACILITIES
Figure 5 shows the existing transit routes available in the project vicinity. As shown on Figure 5, Orange County Transportation Authority Route 57 services Bristol Street North adjacent to the project site. A bus stop is located along Bristol Street North adjacent to the project site at the northwest corner of the Spruce Street and Bristol Street North intersection.

GENERAL PLAN CONTEXT
Figure 6 shows the City of Newport Beach General Plan Master Plan of Streets and Highways roadway classifications map. This figure shows the nature and extent of arterial and collector highways that are needed to adequately serve the ultimate development depicted by the Land Use E#ement of the Generai Plan. The City of Newport Beach General Plan roadway cross -sections are depicted on Figure 7.

EXISTING TRAFFIC VOLUMES
Existing peak hour intersection volumes were developed from intersection turning movement counts collected in March/April 2022 during typical weekday AM and PM peak periods of commuter traffic. The AM peak period was counted between 7:00 AM and 9:00 AM and the PM peak period was counted between 4:30 PM and 6:30 PM. The actual peak hour within the peak period is the four consecutive 15-minute periods with the highest total volume of all approaches. Thus, the PM peak hour at one intersection may occur at 4:45 PM to 5:45 PM if those flour consecutive 15-6nute periods have the highest combined volume. Count worksheets are provided in Appendix B.

Based on the project's application date, existing volume and Level of Service conditions were established for year 2022.
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Figure 8 and Figure 9 show the Existing AM peak hour and PM peak hour intersection turning movement volumes.

EXISTING INTERSECTION LEVEL OF SERVICE
Existing intersection Levels of Service are summarized in Table 1. Detailed Level of Service worksheets are provided in Appendix C.

As shown in Table 1, the study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions.
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Table 1
Existing (2022) Intersection Levels of Service
ID Study Intersection
Traffic
Control'
AM Peak Hour
PM Peak Hour
V/C2
LOS'
V/C1
LOS-'

1. Campus pr (NS) at Bristol St North (EW)
TS

0.36 A
0,61
B

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
T5

0.49 A

0.44 A

3. Birch St INS) at Bristol St North (EW)
TS

0.47 A

0.51 A

4. Birch St INS) at Bristoi St South (EW)
TS

0.34 A

0.35 A

5. MacArthur Blvd (NS) at Campus Dr (EW)`'
TS

0.33 A

0.53 A

6. MacArthur Bivd (NS) at Birch St (EW)
TS

0.28 A

0.37 A

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS
0,31
A

0.35 A
B. MacArthur Blvd (NS) at Jamboree Rd (EW)``
TS

0.37 A

0.45 A

9. MacArthur Blvd (NS) at Bison Ave (EW)
TS

0.38 A

0.41 10. Jamboree Rd (NS) at Campus Dr (EW)`'
TS

0.48 A

0.49 11. Jamboree Rd (NS) at Bristol St North (EW?
T5

0.34 A

0.35 HA

12. Jamboree Rd (NS) at Bristol St South (EW)
TS

0.58 A
0,60
13, Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS

0.54 A

0.57 Notes:
(1) TS = Traffic Signal
(2) V/C - Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine, g3lddll
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8D P7e,
4D
6D
JO
BD 4D
4D 4D
4D
Y
6D 4D
4D 7D
r 4D 4D
4D
4y 3R Site �J�'
IRVINE AVE 6D { r Q
`l�l �y 4U 6D
4D e l e�Pi
Sro R
4�(`, <ST�
S 7D
6D
sD
Campus Dr (NS)I Campus or (NS)I
Bristol St N (EW) Bristol St S (EWI
a�
��111 �- ttttf►
y
Bristol St N (EVJI
Birch St (NS)l
Bristol St S (Eq
�- t t f,r
Legend
a Traffic Signal
#D # -Lane Divided Roadway
#U #-Lane Undivided Roadway
#+#-Lanes (One -Way)
+ Existing Lane
g3ldliiiii
J
4-
4r
"D
�4D

41.1 16D
RTO Right Turn Overlap
F Free Right Turn Lane
SPLIT Split Signal Phasing
d De Facto Turn Lane
ry AVE
s❑
sD
8D
MacArthur Blvd (NS)l
MatMhur Blvd (NS)l
Campus Dr (EW)
Birch St (EW(
®
�F
4k-�
1 �,ttttr'
L2 `�tttr
MacArthur Rlvd (NS))
MacArthur Blvd (NS)l
Karmen Ave (EW)
Jamboree Rd (EW(
®Von
L
�t1tr
�
��tttr
o
MacArthur Blvd (NS)f
Rfson Ave (EVJJ
L
RTC
EE
r
��,tttt�r
LL
r�
Jamboree Rd (NS)l
Jamboree Rd (NS)1 ,
Campus Dr (Ew)
Bdstol SI N (EW)
p
11��+jr-
�wttt
t�ttrr
y
F-�
�
FREE
Jamboree Rd (NS)l
Jamboree Rd (1\15)!
Bristol Si S (EW)
Un{versity Dr (EW)
®
tF
1111
� r-
r
tttiw
ttt r
d
Figure 3
Existing Lane Geometry and Intersection Traffic Controls 1400 Bristol Street North Residences
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Legend
— Sidewalk
Cross Walk
Q Bus Stop
Figure 4
Existing Pedestrian Facilities
1400 Bristol Street North Residences
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—dam Local Routes 11-991 •^- .]•••• Metraltnk Statlonlink Routes--�']i, — Brava Limtted Stop Service (400-499) ISoo-5991
w..4s•r re.n,x.,, n�•,
—EM. Conmunity Rautes S 100-199) City Shuttle
I

GOLOENWMT

TRANSPORTATION
0 RaP Stations
` Q GC Res Transit[enlers
S • / 1

SANTA ANA STATION

NEWPORT

TRANSPORTATION
Figure 5
Source: Orange County Transportation Authority Orange County Transportation Authority System Map gX)JAH 1400 Bristol Street North Residences
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eJ5 �
LP /
1 C�h Clua� 'Reg,
UPPER ]�y

NEWPORT J
BAY
7-
ti ADOPTED INTERCHANGE

PROPOSED INTERCHANGE
¢ �4M ROUTES REQUIRING

FURTHER COORDINATION

0.75 Miles

COMMUTER ROADWAY
(TWO LANE UNDIVIDED)

3.24 Miles

SECONDARY ROAD
(FOUR LANE UNDIVIDED)

16.88 Miles

SECONDARY
�— (NOT BUILT)

0.28 Mlles
NorsrN PRIMARY ROAD
srea (FOUR LANE DIVIDED)
stoop - or C� 29.62 Miles

PRIMARY ROAD
..... . (NOT BUILT)
3,05 Miles

MAJOR ROAD
(SIX LANE DIVIDED)
4 C 30.64 Mlles
0 EIGHT LANE ROAD
NEWPORT FASH1 N (DIVIDED)
euNEr
!BLAND f 2.81 Miles
SA

SAN JQAQUIN HILLS

O TRANSPORTATION CORRIDOR
v 5.32 Miles
CANYON

L ADOPTED FREEWAY

Z ROUTES

4.48 Miles
gins utAe[ r��

FUTURE FREEWAY
' EXTENSION

0.75 Miles
Figure 6
City of Newport Beach General Plan
Source: City of Newport Beach Master Plan of Streets and Highways g7di1400
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PRINCIPAL -144'
(8 LANES DIVIDED)
MAJOR -128'
(6 LANES DIVIDED)
PRIMARY -11"
(4 LANES DMDED)

SECONDARY - W
(4 LANES UNDIVIDED)
COMMUTER - 56'
(2 LANES UNDIVIDED)
;Z2
Figure 7
Source: City of Newport Beach City of Newport Beach General Plan Roadway Cross -Sections gx1jil 1�00 Bristol Street North Residences
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G
O
MacArthur Blvd (NS)/
MacArthur Blvd (NS)1 '
�A,
QQ
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p
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138-A
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Bristol St N (EW) Bristol St S (EW) Btson Ave (EW)
my 167 r- UNIVERSITY OR
TN 40
NN —858 V00 --ro-s —92
d r 2}52 L .! j L ,r 1465
`1 682 !' 78
1292rnrn 79�
vrn 45366� r�
Birch St (NS)1 Jamboree Rd (NS)1 Jamboree Rd (NS)1
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un
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—1161 ni �194 Nr-
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J
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N Im � COv '� 142
cn r` rn � r f-99
1 L �/soNAVE \ .� j L ,r220
496'1 t r~ 875 � t r' 361
16 905- 380— aN 90� LOON
194-�k N N 1209-�r cfl 32-14 rn r
Legend
Study Intersection
Figure S
Existing AM Peak Hour Intersection Turning Movement Volumes g�� 1400 Bristol Street North Residences
Traffic Impact Analysis
15 19604
11-100

v _
MacAdhvr Blvd (NS)l MacArlhur Blvd (N51!
Campus Rr (E4M1) Birch 51 [EYV)
G4iy� � -1- w L 137 0 149
M w to�625 2 Co —263
tRvtNe av�
Site �J PO ,r35 J 1 L ,r62
��i�SQ �
1 262252�
e 221� u�im°' 186� �MN
25-" rn
r4 �� < kvMacArthur Blvd (NS)r MacArthur Blvd (NS)l
AR Srs r41 Von Karmen Ave [EWj Jamboree Rd (EVV
_00 11-81 MNN t88
mrnM —36 mho —828
L ,r409 .! j L ,r357
64� `i t - 179�
87—► c°No 752—• omo
127�r vN 55- "MCO
Campus Dr (NS)l Campus Dr (NS)l MacArthur Blvd (NS)i
Bristol St N (EM Bristol St S (EM Bison Ave (EVV)
corn 107 vce) UNiVERSITYDR NN '-67
0o rnn 1697 (n - ° rCnn —104
or278 4 J L ,r135
435165�'
N 822102—�,67r,�
485� oN 1297 rrn
Birch St (NS)l V Jamboree Rd (NS)I Jambaree Rd (NS)l J
Bristal St N (E" Campus Dr (EVJ) Bristol St. N (EVJ)
rn M '` 110 u, *- a "-251 *- N
`n—1537 co 274 ran ti
Lnn C1,1
1 rr 370 ,l I L ,r 118 d j
J� r
158-0 `I T l' `i T r
fN Cn
to 282-4 V- r r o co
Birch St (NS)1 Jambaree Rd (NS)l Jamboree Rd (NS)l
Brislol St S (ENM Bristal St S (EVJ) university or (Ew) "rn m a LO N rr`n-, s` 122
s-106
/so ,rzz8
AVE
N
202� t�' 513� tr 271�' 11r
903— `�c 686— `o"' 100— --
111� NN 1086-r N� 12� ��
Legend
0 Study Intersection
g3widdii
Figure 9
Existing PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences
Traffic Impact Analysis
16 19604
11-101

4. PROJECT FORECASTS
This section describes how project trip generation, trip distribution, and trip assignment forecasts were developed. The forecast project volumes are illustrated on figures contained in this section.

PROJECT TRIP GENERATION
Table 2 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (111' Edition, 2021). Based on review of the iTE land use description, trip generation rates for general office building (Land Use Code 710) and multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the existing and proposed land uses and were selected for use in this analysis. The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantities.

As shown in Table 2, the existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.

PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Figure 10 thru Figure 13 show the forecast directional distribution patterns for the project generated trips.

The project trip distribution patterns were developed in consultation with City of Newport Beach staff based on review of existing volume data, surrounding land uses, and the local and regional roadway facilities in the project vicinity.

The project -generated AM and PM peak hour intersection turning movement volumes are shown on Figure 14 and Figure 15.
9:3-ddh
140o Bristol Street Narth Residences
Traffic Impact Analysis
17 19604
11-102

Table 2
Project Trip Generation
Trip Generation Rates
Land Use
Source'
Unit`
AM Peak Hour
PM Peak Hour
Daily
In
% Out
Rate
% In
% Out
Rate
General Office Building
ITE 710
T5F
88%
12%

1.52 17%
83%

1.44 10.84
Multifamily Housing (Mid Rise)
ITE 221
❑U
23%
77%

0.37 61%
39%

0.39 4.54
Trips Generated
Land Use
Quantity
Unit`
AM Peak Hour
PM Peak Hour
Daily
in
Out
Total
In
Out
Total
Existing
General Office Building

38.764
TSF
52 7
59 "
47 56
420
Proposed
Multifamily Housing (Mid -Rise)
230
DU
21 %n
85 5.`,
35 90
1,044

NET PROJECT TRIPS GENERATED
-31
+57
+26
+46
-12
+34
1 +624
Notes:
(1) ITF = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### — Land Use Code (2) TSF = Thousand Square Feet (Gross Floor Area); DU — Dwelling Units g7din'
18 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-103

Legend
-4-10% Percent Ftom Project
5%
Figure 10
Project Outbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences
Traffic Impact Analysis
19 19604
11-104

Legend
-4-10% Percent To Project
g3'):Hii
Figure 11
Project Inbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences
Traffic Impact Analysis
20 19604
11-105

Lend
-OU-10% Percent From Project
g7dii
5%
Figure 12
Project Outbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences
Traffic Impact Analysis
21 19604
11-106

Legend
—10% Percent To Project
93TUH
Figure 13
Project Inbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences
Traffic Impact Analysis
22 19604
11-107

IRVINE AVE
Campus Dr (1,15)1
Campus Ur (NS)f
Bristol St N (EW)
Bristol St 5 (EW)
%;_0
00 —11
a0
ate'
tr
T�fi
00�
Oh
0-4
MacMhur Blvd (NS)f MacArthur Blvd (NS)!
h, Q� Campus Dr (EVV) Birch St (EK
W-0 k-o
Site Q�J0� J L pro d 1 �. pro
l l 0 �r
0— 0a)0 3� 000
MacArthur Blvd (NS)f
MacArthur Blvd (NS)f
Van Kerman Ave (EW)
Jamboree Rd (EW)
to
't-o
ZD 0 —0
0 0 --3
,1 1, r-2
d L r0
`��P
0�`0�
0�
000
15� m00
0ti,
5�

UNIVERSE
MacArthur Blvd (NS)f
Bison Ave (EW)
0 r3 47 0 �— a
,! 1 1, r 0
0,r �4r•
0�
a�
Birch St (NS)! Jamboree Rd (NS)i Jamboree Rd (NS)f
Bristol St N (EW) Campus Dr (EW) Brstul St N (EW)
t 12 '6 0
00 —14 or'?0 —0 TO
.d ,r32 '? 1 � ,--0•f i
J r
0�` `Sti'
oa 0—► o{o a�oo
r cN
Birch St {NS)f Jamboree Rd (NS)i Jamhome Rd (NS)!
Bristol St S (EVV) Bristol St S (EW) University Dr (EW) m '�0
OEq IO 0LID O —0
e/so AVE r0
ate' 7� 1 t 0-4 T
-136— (9 0— brflo
0�,
Legend
Study Intersection
Figure 14
Project (Net:)
AM Peak Hour Intersection Turning Movement Volumes
�3�ii 1400 Bristol Street North Residences
Traffic impact Analysis
23 19604
11-108

Site

IRVINE AVE
\SQ
Campus or (NS)i
1 Campus Or {NS)l
Bristol St N (EVO
I Bristol St S (EW)
%-0
0 0
+---3
L? o
`1 t
0 t
c3�
9� c r
7 0-x
r9~
MacArthur Blvd (NS)l
MacArthur Blvd (NS)l
Campus Dr (EW)
Birch St (EW)
''-0
'-0
ono
—0
or1-0
—0
of
�1rr
0�
000
_1�
000
0 0,,
MacArthur Blvd (NS)I
MacArthur Blvd (NS)l
Von Kerman Ave (EW}
Jamboree Rd (EVV)
11-0
lit -a
Oho
—o
Foe --12
ate' �tl'
0-,
tr•
ay 000
1y
M00
ate,
-6�
MacArthur Blvd (NS)i
Bison Ave (EM
UNIV LRS k-0
o`40 0
J a
0� ovo
0 Birch St (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l
Bristol St N (EW) Campus Dr (E44rf Bristol St N (EW)
Ai' r-5 ° JIL "0 rl
o.-' �—tr• -,tr
00 CD 0— CD -o Lr)L'
a,,
Birch St (NS)l� Jamboree Rd (NS)l Jamboree Rd (NS)!
Brislc) St S (EVq Bristol St S (FM University Dr (EW)
® 0
o� 0 c>'To —0
L ejaN AVE
06-' 1r 0-.0 Ott
11� o0 3— v0 ovCZ)
0-4Z 0�
Legend
QStudy Intersection
Figure 15
Project (Net)
PM Peak Hour intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
24 19604
11-109

5. FUTURE VOLUME FORECASTS
This section describes how future volume forecasts for the TPO scenarios were developed. Forecast study area volumes are illustrated on figures contained in this section.

CITY OF NEWPORT BEACH APPROVED PROJECTS
The City of Newport Beach staff provided a list of approved projects within the study area for use in the TPO analysis. The approved project list consists of future deve4opments that have been approved, but have not been fully constructed and occupied. The approved project data is contained in Appendix D.

Trips associated with the following 17 projects are included in the TPO analysis:
■ Fashion Island Expansion
■ Temple Bat Yahm Expansion
■ Hoag Hospital Phase III
■ St. Mark Presbyterian Church
z 2300 Newport Blvd (Vue)
' Hoag Health Center 500-540 Superior
■ North Newport Center
■ 328 Old Newport Medical Office GPA
■ Mariner's Pointe 23,105 SQ FT Commercial Center
■ Back Bay Landing 300 ECH
■ Balboa Marina West
■ Newport Crossings
■ Museum House - Vivante Senior Center
■ Uptown Newport: Phase 1 - Trans Devel Rights (TDR)
■ Uptown Newport: Phase 2 only
■ Residences at 4400 VK
■ Picerne Residential (1300 Bristol St N)

AMBIENT GROWTH
To account for ambient growth on roadways, existing volumes were increased by a growth rate of one percent (1.0%) per year through year 2027 along applicable arterial highways (Irvine Avenue, Jamboree Road, and MacArthur Boulevard) in accordance with the City of Newport Beach Regional Traffic Annual Growth Rate.

This equates to a growth factor of 1.05 along arterials with counts conducted in 2022.

TPO YEAR 2027 VOLUME FORECASTS
TPO Year 2027 Without Project volume forecasts were developed by adding ambient growth and approved projects trips to existing volumes. TPO Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown an Figure 16 and Figure 17.

TPO Year 2027 With Project volume forecasts were developed by adding project -generated trips to TPO Year 2027 Without Project volumes. TPO Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 18 and Figure 19.
g7ddii 2400 Bristol Street North Residences
Traffic Impact Analysis
2s 19604
11-110

IRVINE AVM
Site J
<�I �1 y
l l
Q
p
�P
MacAdhur Blvd (NS)l
Campus Dr (ER
'1-65
c�irnO7 �170
�r21
MacArthur Blvd (NS)i
Birch St (E)M
r~ to '-84
to Eq
Nw —125
.1 1 L +r16
254-
+
`1
91 �'
`i T er
Q
406
Ir I- N
v
191 �
39�
4 cna
m
37�
R
ors T�
MacArthur
Blvd (NS)/
MacArthur
Blvd (NS)1
Von I(arman
Ave (EW)
Jamboree
Rd (EVIL
ono
'-30
N�(�
'�171
er L.
�-59
N M uQ
r 900
d L
or162
391
17 282: 1 t r
38� M'tO
fifi2� rnCOo
2( % vM
149� OM
Campus Dr (N5)i Campus Dr (NS)f MacArthur Blvd (NS)1
Bnslol St N (EVJ) Bristol Sl S (EM Bison Ave (EW)
0r t167 rn I UNIVERSITY DR Immo '`40
NN —949 vro r'd —93
.7 ,r267 L d j L 0-181
687 J r T80:—►
`1 r
et°000 1290—► eu'o 84��((0
vM 453�, :`N 67-ti T
Birch St (NS)1
Bristol St N (EW)
MN L160
1244
Al r381
� t
rb m
r N
m
r Birch St (NS)t
Bristol St S (EVV)
N OD
M �
1L
496 " t l'
900— N
194- NN
Le4end
QStudy Intersection
AVE
Jamboree Rd (NS)!
Jamboree Rd (NS)l
Campus Cr (EW)
Bristol 51 N (EW)
e0 m
87 Ln r
CD'Ni
—194
7 co
,1 L
,r 185
.l
60--'
wtr
Ter
133—
olyV))
er—°n'iv
33 m
(oNcn
Jamboree Rd (NS)l
Jamboree Rd (NS)l
Brtslol SI S (EM
University or (EVV(
v
NM
142
tNo
aMirao
—99
.J � L
rr220
897--'
392—
("N
90�
��,�co
1239-x
r
327
or
Figure 16
TPO Year 2027 Without Project
AM Peak Hour intersection Turning Movement Volumes
140D Bristol Street North Residences
Traffic Impact Analysis
26 19604

v
,` ��
�
GtV �tV4�'
Site J O
1FtVlNE aVe
MacArthurBlvd (NS)1
Campus Or (EW)
c+i rn '-140
Cl) E —625
r35,r62
MacMhurBlvd (NS)1
Birch St (EN!)
M o 't 176
m a�6 —275
262:
264 �r
e
A- �/� 'PjSi.
221
46 �7
ca"N
m
195--►
25 �
tirlono
to
MacArthur Blvd (NS)i
MacArthur Blvd (NS)l
Van Korman Ave (EW)
Jamboree Rd (EVV)
1�81
OCV[V
t99
co LOO CI)
—36
Col`ao'
�-931
,1 I k
,r421
J j 1,
-393
64 202�r
87 918—+
127
56Z
c��rvr�a
Campus Or {NS)1 Campus Or (N5)I MacArthur Blvd (NS)1
Bristol St N (EW) Bristol St S (EVV) Bison Ave (EW)
corn UNIVERSITY OR N 67
0 —1734 rF m2 ED" —108
1 ,r281 " 141
'v}445� t 170
cti 83�105
LO n 4 85r-c*�
� NI
' N
BirM St {NS)l Jamboree Rd {NS)) Jamboree Rd (NS)1
Bristol Si N (E" Campus Dr (EW) Bristol St N (EW)
rDro �115 �cnw '-251 coLO
rn c�v —1570 Q" r t--274 "cc;
,f �r372 .1 j 1. r123 .!
J r
{r- D 255� (DvM V,11rrn
94� rr corn
Birch St (NS)1 Jambaree Rd (NS)1 Jamboree Rd (NS)l
Bdsiol St S (Eq Bristol 5t 5 (EW) University Or (EVV)
04 vN ® ro a07m L122
vrrnv coco m�L° —106
i k. dN AVE \ r2435
202 --' t �' 603 �r t 271 i I
927 6 65- 694—• N� 100� ��A
111,7 NN 1112-.k N 12-4 co
61-
Leflend
Study Intersection
Figure 17
TPO Year 2027 Without Project
PM Peak Hour Intersection Turning Movement Volumes
�3"d3i_; 1400 Bristol Street North Residences
• � Traffic impact Analysis
27 19604
11-112

IRVINE AVZ
Campus Or (NS)I
Campus Dr (NS)l
Brislol51 N (EW)
Bristol St 5 (EVV)
167
NN
—960
vCO
.1
r269
k
`1 t
687 -,r
t r
00�
1284—
LOC3
CO 0
vrn
453-,%
t-N
Birch 51 (NS)f
Brislal 51 N (ENS
moo a172
�-1258
1 j `413
nN
cn
Bfth St (NS)l
Brislal SI S (EA
N O
IM �
I
887�CD
194 -, N ry
Legend
0 Study Intersection
g7ddii

5. ¢Q
Site J O
MacMhurBlvd (NS)!
Birch St (EW)
r--v 84
N�� —125
,l1k r16
J MacAdhurBlvd (NS)i
Campus Dr {EW)
rnusm '-65
m�' —170
dJk r21
254-"
1 t r"
100-0
`1 t P
9 R/.Q.
40E
37 vro
v
194
39-x
Nrnv
CO
Sr
MacArthur Blvd (NS)l
MacArthur Blvd (NS)1
Von Harman Ave (EW)
Jamboree Rd (EW)
Sao "-30
0nw 171
It Ln •-59
N ) CO —897
J 1 k r 16 0
J 1 k r 3 91
18 -.0
282''
3$,
Mvi°
677 ►
rnroo
20,
vt -
1547
� M
UNIVFR5IT�
MacArthur Blvd (NS)l
Bison Ava (EW)
CO '-40
mwa� 93
ilk r181
w
4—I �t
$0
67m rD
�, T rr,
T"
Jamboree Rd (NS)1
Jamboree Rd (NS)l
Campus or (EW)
Bristol St N (EW)
aomr L87
Mr-
�rDcN.l —194
voo
r185
,d
r
60� t
tP
133— o(DLD
33- r M
ulvIt
ED N co
Jamboree Rd (NS)l
Jamboree Rd (NS)l
Bristol st S (EW)
University Dr (EVV)
m
C,3 L 142
\\
N
co
1 mr�-99
r22 J 1 �. 220
AVE
9041
t l'
361--.
398—
ona'i
g0—r-M
1244
32--%k or
Figure 18
TPO Year 2027 With Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol -Street North Residences
Traffic Impact Analysis
`g 19604
11-113

grVINE A Ve
Campus Dr (NS)l
Campus Dr (NS)l
Bristol St N (EVV)
Bristol St S (Evt
c+) rn
107
un Co
co Lon
—1731
coilk r
.l
r2476
I
`� I
445- T P
N Ih
TN
839 � MCD
��
485� nN
Birch St (NS)l
Bristol Si N (E"
ern '-115
mN —1562
.1 1 r367
`5 t
M h
2 D
r N
m
2 /2'.
acArthur Blvd (NS)l MacArthur Blvd (NS)!
y,` Campus Dr (EW) Birch 51 (EM
�m "-140 n 1 '� 176
59te � 7 �-'625 cn Zo —275
qIQQ` r35 J -62
l blb
62'` `� r �' 264,r 'S1� rLON CON 0 194� r-mN46� m 25� `n MacArthur Btvd (NS)l
MacArthur 8lvd(NS)1
Von Karman
Ave (Eq
Jamboree
Rd (EVV)
cc
*-81
0N04
"-99
co MU')CO
—36
rmicvr
—943
d 1 1k
r-423
) 1,
r393
64 }
'1 t
202
87�
m�N
919
127�
vN
50�
Nvc�
MacArthur Blvd (NS)l
Bison Ave (EW)
1 �' t67
L —108
,J L r141
n a �' � r r•
105� uc`'-,NCO
131-A rN
Jamboree Rd {NS)1
Jamboree Rd (NS)l
Campus
Dr (EW)
Bristol St N (EW)
5 r
—274
cn r,
1 r 142 3
.%
159-4
255—
cC3ova�o
mV
94Z
T�
CDNa)
Birch 5t (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l
Bdslol St 5 (EN Bridal SI S (EW) Llniverslly Dr (EVV)
m '-122
vn � mcnc*�
v°1 00 m—106
i 8,SONAVE ` 'r235
Mal202'0 t 609� 1 �' 271
938� Lmoo n(D 694— M ° 100— ��
111� NN 1108- N 12-N
Legend
QStudy Intersection
g7dii
Figure 19
TPO Year 2027 With Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
29 19604
11-114

G. TPO ANALYSIS
Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C.

TPO YEAR 2027 ONE -PERCENT THRESHOLD ANALYSIS
Table 3 summarizes the City of Newport Beach TPO one -percent threshold analysis. In accordance with the City of Newport Beach TPO requirements, it project -generated peak hour approach volumes are greater than or equal to one percent of the forecast peak hour volumes on any approach of an intersection, then a detailed ICU analysis is required to assess the project -related change in ICU. The TPO one -percent analysis calculation worksheets are contained in Appendix E.

The following eight study intersections are forecast to exceed the TPO one -percent threshold and require ICU analysis:

3. Birch Street (NS) at Bristol Street North (FW)

4. Birch Street (NS) at Bristol Street South (EW)

5. MacArthur Boulevard (NS) at Campus Drive (EW)

6. MacArthur Boulevard (NS) at Birch Street (EW)

7. MacArthur Boulevard (NS) at Newport Place Drive/Von Karman Avenue (EW)

8. MacArthur Boulevard (NS) at Jamboree Road (EW)

10. Jamboree Road (NS) at Campus Drive (EW)

11. Jamboree Road (NS) at Bristol Street North (EW)

TPO I MPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for TPO Year 2027 Without and With Project conditions are shown in Table 4. As shown in Table 4, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for TPO Year 2027 Without and With Project conditions.

Table 4 also calculates the net change in ICU at the applicable study intersections for TPO Year 2027 With Project conditions. As shown in Table 4, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.
g"r'A `_)�111' 1400 Bristol Street North Residences
Traffic Impact Analysis
30 19604
11-115

Table 3
TPO One -Percent Threshold Analysis Summary
Peak
Project Trips Exceed One Percent?'
Northbound
5outhbound
Eastbound
Westbound
ID Study Intersection
Hour

1. Campus Dr (NIS) at Bristol St North (EW)
AM
No
No
No
No
PM
No
No
No
No

2. Irvine Ave/Campus Dr (N5) at Bristol St South (EW)
AM
No
No
No
No
PM
No
No
No
No

3. Birch St (NS) at Bristol St North {EW}
AM
No
No
No
Yes
PM
No
No
No
No

4. Birch 5t (N5) at Bristol 5t South (EW)
AM
No
Yes
No
No
PM
No
No
No
No

5. MacArthur Blvd (N5) at Campus Dr (EW)
AM
Yes
No
No
No
PM
No
No
No
No

6. MacArthur Blvd (N5) at Birch 5t (EW)
AM
No
No
Yes
No
PM
No
No I
Na
No

7. MacArthur Blvd (NS} at Newport PI Dr/Von Karman Ave (EW) AM
No
No
No
No
PM
No
Yes
No
No
AM
No
No
Yes
No
S. MacArthur Blvd (NS) at Jamboree Rd (EW)
PM
No
No
No
No
AM
No
No
No
No
9, MacArthur Blvd (NIS) at Bison Ave (EW)
PM
No
No
No
No

10. Jamboree Rd (NIS) at Campus Dr (EW)
AM
Yes
No
No
No
PM
No
Yes
No
No
11, Jamboree Rd INS) at Bristol St North (EW)
AM
No
No
No
No
PM
No
Yes
No
No

12. Jamboree Rd (NS) at Bristol 5t South (EW)
AM
No
No
No
No
PM
No
No
No
No
13, Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) AM
No
No
No
No
PM
No
No
No
No
Notes:
(1) If the project is forecast to contribute 1% or more of the projected TPO analysis year peak hour volume, then detailed Intersection Capacity Utilization analysis is required in accordance with the City of Newport Beach Traffic Phasing Ordinance. 93-IJAII
31 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-116

Table 4
TPO Year 2027 Intersection Levels of Service and Impact Assessment ID Study Intersection
Traffic
Control'
TPO Without Project
TPO With Project
Vic Increase
Vic
Significant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak
PM Peak Ho
Hour
V/
L05a
VIC1
LOS'
V/c,
Los'
VIO
L05'
AM
PM

3. Birch St INS) at Bristol5t North (EW)
TS

0.49 A

0.52 A

0.49 A

0.52 A

0.00 D.QO
Na
4_ Birch St (NS) at Bristol St Suuth (EW)
T5

0.35 A

0.36 A

0.36 A
+0.01

0.00 No

5. MacArthur Blvd INS) at Campus Dr (EW)"
T5

0.34 A

0.54 A
0,34
A

0.54 A

0.00 0.00
No
6, MacArthur Blvd (NS) at Birch St FW)
TS

0.31 A

0.42 A

0.31 A

0.42 A

0.00 D.00
No
7, MacArthur Blvd (INS) at Newport PI Dr/Von Karman Ave (EW) TS

0.33 A
D.37
A
I D,33
A
R27
A

0.00 (X00
B. MacArthur Blvd INS) at Jamboree Rd (EW)"
TS

0.42 A

0.50 A

0.42 A

0.50 A
UIX1

0.00Ifl

10. Jamboree Rd (NS) at Campus Dr (EW)'
TS

0.50 A

0.52 A
03D
A

0.52 0.00

0.00 11. Jamboree Rd INS) at Bristol St North (FW)
TS

0.37 A

0.39 A

0.36 A

0.41 0.01
+0.02
Notes:
{1) TS = Traffic Signal
(2) V/C - Volume/Capacity
{3) LO5 = Level of Service
W Level of Service E is acceptable: shared jurisdiction with City of Irvine. g31dih
32 1400 Bristol Street North Residences
Traffic impact Analysis
19604
11-117

7. CEQA ANALYSIS
This section presents analysis of Year 2027 cumulative conditions. Detailed intersection Level of Service calculation worksheets far each of the following analysis scenarios are provided in Appendix C.

CUMULATIVE PROJECTS
In addition to the approved projects in the City of Newport Beach (addressed in the TPO analysis), CEQA requires analysis of cumulative conditions. This CEQA analysis also includes traffic from pending projects in the Cities of Newport Beach and Irvine, in addition to the approved projects. Pending projects consist of projects that are in various stages of the application and approval process but are not yet approved. These projects are considered to be reasonably foreseeable projects in the vicinity of the project and must be included in the Cumulative conditions analysis for CEQA purposes. The Cities of Newport Beach and Irvine were consulted and provided the list of cumulative projects to be included in this analysis.

Table 5 includes the trip generation for cumuiative projects as provided by the City of Newport Beach, University of California, Irvine, and City of Irvine. Figure 20 shows the cumulative projects location map, Cumulative Projects AM and PM peak hour intersection turning movement volumes are shown on Figure 21 and Figure 22.

CEQA YEAR 2027 WITHOUT PROJECT VOLUME FORECASTS
CEQA Year 2027 Without Project volume forecasts were developed by adding cumulative projects trips to TPO Year 2027 Without Project volumes. CEQA Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 23 and Figure 24.

CEQAYEAR 2027 WITH PROJECT VOLUME FORECASTS
CEQA Year 2027 With Project volume forecasts were developed by adding project trips to CEQA Year 2027 Without Project volumes. CEQA Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 25 and Figure 26.

CEQA YEAR 2027 IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for CEQA Year 2027 Without and With Project conditions are shown in Table 6. As shown in Table 6, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for CEQA Year 2021 Without and With Project conditions.

Table 6 also calculates the net change in ICU at the applicable study intersections for CEQA Year 2027 With Project conditions. As shown in Table 6, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.
go-)JIH 1400 Bristol Street North Residences
Traffic Empact Analysis
33 19604
11-118

Table 5 (1 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM Peak Hour
Pr ujer t
In
Out
Total
In
Out
Total
ID
Project Name
Land Use
Quantity'
Daily
City of Newport Beach
Existing Use
N131
1600Dove5treet
Residences
General Office

60.675TSF
-59
59 0
45 -36
9 472
Proposed Use
Multifamily Housing (Mid -Rise)
249 DU
NB2
Sage Hill School Expansion
Private School (K-8)
150 ST
86 66
152
18 21
39 617
Existing Use
Boat Sales

4.487 TSF
Proposed Uses
NB3
Mother's Market
11 17
28 29
24 53
690
Multifamily Housing
36 DU
Supermarket

5.096 TSF
N134
lNewportBe6chPorsche
Auto Dealership
143.494 TSF
1951
72 267
1391
2081
347
3,995
NB5
The Garden Restaurant
Quality Restaurant

10.240 TSF
6 2
8 55
29 84
971
Commercial Retail

0.747 TSF
Existing Uses
John Siple/Johnsan Yacht Sales
0,500 TSF
Sun Country Marine

1.000 TSF
Powerhouse Vehicle Sales

17.000 TSF
WCH-Duffield Marine

2.000 TSF
General Office Building

7.185 TSF
WCH-A'Maree's

8.100 T5F
Marina
68 Berths
Proposed Uses
N136
Newport Village
Multifamily Housing (Mid -Rise)
108 DU
108
55 16:+
%-
105
182
2,238
General Office

55.280 TSF
Car Show Room

7.900 TSF
Single -Family Detached Residential
14 DU
General Office

36.620 TSF
Duffield Marine Sales/Office

2.000 TSF
Boat Show Room
10 EMP
High -Turnover Sit -Down Restaurant

3.815 TSF
Quality Restaurant

9.100 TSF
Marina
1 63 Berths
NB7
JNewportCoast
Multifamily Housing
1 564 DU
413
932
1,345
926
557
1,483
14,778
Single -Family Detached Residential
1 954 DU
34 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-119

Table 5 (2 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM
Peak Hour
rn5jecr
In
Out
Total
In
Out
Total
ID
Project Name
Land Use
Quantity,
Daily
University of California, Irvine
UCI North Campus
Hospital
144 Beds
526
163
689
202
520
722
8,550
Ambulatory Care
225.000 TSF
UCI
Hospital Project
UCI North Campus Child
Medical Office Building
168.000 TSF
331
79 410
162
414
576
5,531
Health/Medical Office
City of Irvine
IR1
Volar Apartments
Multifamily Housing (Mid -Rise)
930 DU
79 265
344
221
141
362
4,222
IR2
Futures Academy
Private School

5.621 TSF
81 1
9 1
7 81
61 Multifamily Housing (Mid -Rise)
593 DU
50 169
219
141
90 231

2.692
General Office Building

2.730 TSF
4 0
4 1
3 4
30 IR3
Elements Phase 3
Strip Retail Plaza (<40k)

5.000 T5F
7 5
12 16
16 32
272
Coffee Donut Shop w/o
2,730 T5F
130
125
255
44 44
88 1.393
Drive-Thru Window
Health Fitness Club
6,900 TSF
5 4
9 14
10 24
205
Hotel
386 RM
138
78 216
116
112
228
3,084
IR4
Landmark
General Office
448.000 TSF
599
82 681
110
535
645
4,856
IR5
Milani Apartments
Multifamily Housing (Mid -Rise)
287 DU
24 82
106
68 44
112
1,303
IR6
Flements
Multifamily Housing (Mid -Rise)
700 DU
60 199
259
167
106
273
3,178
IR7
Von Karman Quartz Office
General Office

16.538 TSF
221
31 251
4 20
24 179
Total
1 2.7431

2.4581
5,2011
2,556
2,970
5,526
59,317
Sources:

Data provided by City of Newport Beach, City of Irvine, and UCI traffic studies.

ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### — Land Use Code Notes:
(1) TSF = Thousand Square Feet; DU = Dwelling Units; ST = Students; FMP = Fmployees; RM = Rooms 931dii
35 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-120

Table 6
CEQA Year 2027 Intersection Levels of Service and Impact Assessment 16 Study Intersection
Traffic
Control'
Cf QA Without Project
CEQA With Project
V/C Increase
SlgniFcant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
V/C'
LOSA
V/C
LOS'
V/C?
LOS'
VlC,
Los,
AM
PM

1. Campus Dr INS) at Bnstol5t North (EW)
TS

0.45a
A

0.677
B

0.459
A
0,676
B
+0.001
-0.001
No

2. Irvine Ave/Campus Dr (NS) at Bristol 51 South (EW)
TS
0,543
A

0.492
A

0.541
A

0.494
A
-0.002
+0,002
No

3. Birch St (NS) at Bristol 5t North (EW)
TS

0.498
A
0,535
A

0.504
A

0.533
A
+0.006
-0.002
No

4. Birch St (NS) at Bristol St South (EWI
TS

0.361
A

0.364
A

0.361
A

0.365
A

0.000
+0.001
No

5. MacArthur Blvd INS) at Campus Or (EW)"
T5

0.441
A

0.669
B

0.441
A

0.669
1 B

0.000

0.000
No
6, MacArihur Blvd INS) at Birch 5t (EW)
TS 1
DA55
A

0.479
A
01355
A

0.479
A

0.000

0.000
No
7, MacArthur 3tvd INS) at Newport PI Dr/Von Karman Ave (EW) TS

0.404
A

0.423
A

0.403
A

0.425
A
-D.001
+0,002
No
a. MacArthur Blvd (NS) at Jamboree Rd (EW)'
TS

0.557
A

0.620
B

0.556

0.625
B
-0.001
+0.005
No

9. MacArthur Blvd (NS) at Bison Ave (EW)
T5

0.450
A

0.476
A

0.451
R

0.477
A
+aool
+0.001
No

10. Jamboree Rd (NIS) at Campus Dr (EW)"
T5

0.574
A

0.622
B
0,574
A

0.622
B

0.000

0.000
No

11. Jamboree Rd INS) at Bristol St North (EW)
Ts

0.294
A
U.423
A
(096
4 0.431
I A
1 -0.008
+0.008
No

12. Jamboree Rd (N51 at Bristol St South (EW)
TS

0.651
B

0.664
B

0.652
B

0.593
I A
I +0,001
-0,071
No
]3. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS
1 0.636
B

0.678
B

0.637
B

0.679
B
1 +0.001
+0.001
No
Notes:

W T5 = Traffic Signal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable: shared jurisdiction with City ut Irvine. 93'1JAH
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
11-121

Legend
Other Development (see Tattle 5):
• City of Irvine
• City of Newport Beach
Figure 20
Cumulative Projects Location Map
g3pld1400
lli Bristol Street North Residences
Traffic Impact Analysis
37 19604
11-122

iRVINE AVE
Campus or (NS)l
Bristol St N (ER
a �a
n0i COh— 31
.� r0
-,T
ncn
['1
Birch St (NS}l
Bristol St N (EVA)
cN- �10
d Or-
� I
4 O�
N
Birch S1 (NS)1
Brisol St 5 (rW)
r` w
1 L
23� t r•
35� m0
0 Legend
Study Intersection
g7ddilli
Campus Dr(NS)!
Bristol St S (EVJ(
00 0
lL +
222� I l'
57� 0
0 J
�v
4r
MacArthur Blvd (NS)! MacArthur Blvd (NS)!
Campus Dr (FW) Birch SI (EW)
�� '`a 00 �5
Site Q�J 0 ,r43
8r05
115:� `t I 1' 7� 'i T I'
�e 254 0It� 52� 000
a N 0 -�k N
MacArthur Blvd (NS)l
MacArthur BW (NS)l
Von Karmen
Ave (Eq
Jamboree Rd (F-%
;-a
W-6
"'moo
--3
tir-
—148
.J 1.
r 51
J
r 167
3 --'
`s t r
138 �
`5 T -
3—
n n0
cvN00 ro
260-�
o00m
2fi�r
0�
Nr
Lit4lVERSITY DR
MacArthur Blvd (NS)l
Bison Ave (E"
�+ %-0
CDN4 —�54
a' 1TP
17— o0v
0� CO
Jamboree Rd (NS)l
Jamboree Rd (NS)l
Campus Dr (Eq
Brr".11 t N (EW)
ca T-Q4
co
a N
,1 1. r0
1 r"7
32-4
w
1tP
0—
193�
uf)rn0
rnT
r?r-o
m
`
Jamboree Rd (NS)l
Jamboree Rd (NS)l
\`
Brislcl St S (EW)
University or (EVV)
m
°' '� 0
X
o _
r 3a
AVE
35-
t P
17-4 `5 t "
4—
00 a--- 0vm
37 M
0-�k co
Figure 21
Cumulative Projects
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
38 19604
11-123

AVZ
Campus of (NS)l
Campus Or (NS)l
Brislol St N (Elhrl
Brslul St S (EW)
r)o
%1-0
a
rN1lr
—67
�2o
AIL
i
179�`
r
o�
38--
coo
N
D�
Birch St (NS)!
Bristol St N (EW)
%` 2
0 0 .- 38
r 1 ro
�r
4 N
r�
Birch St (NS)1
Brislol 51 S (EWI
G
0 l �
24-' r r~
15 -+ co 0
0,,
Legend
Study Intersection
g7dii
�A�
w
a
site J
Il j,
¢�
¢��
O
MacArthur Blvd (NS)/
Campus Dr (EW)
'tea
�CIEo —252
,r 51
MacArthur BW (NS)i
Birch 51(EW)
1 s
ko0"r- —57
d L ,r 0
35 -0
`1 r r
1 e s'
220�
0�r
m
o�
r
22�
0�,
oma
r
MacArthur Blvd (NS)l
MacArthur Blvd (NS))
Von Karmen
Ave (EW)
Jamboree Rd (EW)
rn
o
13 NNO
�--2
—281
1 � L
,r 84
'd j �.
r 189
-2
67-,
1 r
-2
NTrfl
179
�C7[)
7 UNIVERSITY
MacArthur Blvd (NS)l
Bison Ave (EVIL
to '� D
C:)Mo —33
a�1� or-5
D,r r r
53-� ooco
D�
O
N
Jamboree Rd (NS)1
Jamboree Rd (NS)l
Campus Dr (EW)
Brislol Sl N (EW)
J
M 94
I Y-0
r0
00 M rr,
`1T�
r
`1rP
(V
0-.
105-4
rorna
�N
NCQ4
N
Jamboree Rd (NS)l (NS)l
Jamboree Rd (NS)l
Bristol St S (EW)
University Or {FM
e/so AVE
m
ti 0
�' c') d ---0
15-"
rr
7_x `irt'
2—
2�
M0
N
0— QNC1
0-1% N
Figure 22
Cumulative Projects
PM Peak Hour Intersection Turning Movement Volumes
14CC Bristol Street North Resldencts
Traffic Impact Analysis
39 19604
11-124

Site

IRVINE AVZ
4R
Campus Dr (NS)!
Campus Dr (NS)l
Bdslul St N (EW)
Bristol St S (ER
167
N
A —980
Lr) A
uO CO
r ,r 2+6 7

1. 909-,
+
I 7'
°0Cn
1347�T
00a
V' 2
453�
cc EN
Birch St (NS)l
Bristol St N (EMf)
nr +-157
— 1254
r ,r381
� t
0o v
r u7
Birch St (NS)i
Bristol St S (EWE
am
rr
519�r f r
935i °0
194�, �N
Legend
vStudy Intersection
C2
MacArthur Blvd (NS)1
Campus Dr (EW)
N ea W -65
Q' _428
r k. ,r-64
369 -1 T
rl t �'
ssa�aN�
37� r
MacArthur Blvd (NS)l
Birch St (EW)
rnv 89
Nrr-00 r-140
{16
239T' 93 S I
� I NCB
MacArthur Blvd (NS)/
MacArthur Blvd (NS)l
Von Karman
Ave (EW)
Jamboree Rd (FM
r
'L 30
m N
'� 165
°nr�n
'56
Nv�
—1048
r V
-213
r }
ir558
21 -'
`1 1 P
420-4
`1 t P
41�
o Lr)CO
922—
r-;rn
M—t
46k
I-v
1497
fY DR
M3cMhurBlvd (NS)i
Bison Ave (EW)
CO '-40
r N a 4--93
r i �k rr211
97�.
if "
84�
rOcCo
67�
�T
Jamboree Rd (NS)1
Jamboree
Rd (NSjl
Campus
or (EW)
Brrstol Sr
N (EW)
vvco
n
rnN
�194
a4
r185
r!
92-
r'S1-
133—
oout°i
nCIA CO
226-,%
Jamboree Rd (N5)1
Jamhorae Rd (NS)l
`\
Bristol St 5 (EM
University or (EW)
mCO
\\
o
_
n
ri0� '�142
r> r eo 99
25 ,r250
AVE
932--'
7'
378--o
396—
12427
rN-N
N
90 -� rLO
327 r�
Figure 23
CEQA Year 2027 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
40 19604
11-125

IRVINE AVE
Campus Dr (NS)f
Campus Dr(NS)f
Bristol St N (EW)
Bristol St 5 (EW)
M rn
*-107
o r)
0 0
—1801
ccoo
A
Ilk rr281
L
" t
624�
24 t �'
r fD
1 68
"
LOI'l-
485�,
�N
Birch St (NS)1
Bdstol St N (EW)
(OM "-117
LON —1608
,l 1 ,r 372
7 ,
rsrn
�rni
N
Birch St (Ns)1
Bristot SI S (EW)
NCM
O
It N
I
226 t'
942 °a
1i1-y � N
Legend
QStudy Intersection
93')JJii
MacArthur Blvd {NS)f
MacArthur Blvd (NS)l
Campus Dr (EW)
Birch SI (EW)
CO rn IL 140
r- N coSite
CO uD � 195
Otv �lV�'
J
�� 1 �867
1 L -622
265�
`� T fw
l 297� '� t P
441�
'QjST
217�
ti�N
46� a
25�
ti
O a�
MacArthur Blvd (NS)f
C MacArthur Blvd (NS)f
!
sT �41 1 Von Karman Ave (EV,
Jamboree Rd (EW)
v 'L81
"tC11CD "-112
c`n'' — 38
v O C° —1212
,r582
62 4 `1 t r
269--4 `1 T r•
85— mr�
1097-► Nvo
111 -4 co N
56 -14 N rn rn
MacArthur Blvd (NS)!
Bison Ave (EW)
UNNERSIIiY OR
"-67
r�
`ra0US —141
dIL o--146
170�r
'1 P
158�
131�
-N
Jamboree Rd (NS)) Jamboree Rd (NS)f
Campus Dr (EW) Bridal St N (EW(
CO L345 (0r
�274 CO
,-123 d1
i
16 8- f 1 t
255 — rn "t'u] CO v
rn oo N (n rn
Nor [DI0)
Jamboree Rd (NS)) �— Jamboree Rd (NS)(~
Bristo151 5 (EW) University Dr (EW)
mn cc, CO M � 122
T Mrs —106
.1 ! L �r-298
AVE
6t8-11 t r" 278--' 'S T r
693— ("0`I° 100� vrnw
1110� N 12�, C
Figure 24
CEQA Year 2027 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic impact Analysis
41 19604
11-126

IRVVNE RVe
PR
Campus Or (NS)l
Bostol St N (EVV)
rn167
VC0 —991
J � r-269
`1 t
mr
a{
Birch St (NS)J
Bristol St N (Emory
r 1268
,l 1 -413
co
wa
ti(0
Birch St (NS)l
Bristol St S (EVO
0')0
vrn
Imr
519r
©194 °0 v
( 194_X NN
Legend
QStudy Intersection
Campus Or (NS)l
Bristol St S (EVV)
cv Do
rn ca 1
L
91 t r
134141—
453-N cO N
MacAAhurBlvd(NS)l MacArthur Blvd (NS)l�
�q Campus Br (EW) Birch Si (EM
G�5 �ty�' 00
Nm '-65 to 1 -89
Site QaJ P��O J L r648 J L r 160
369 -4 15 t r 107
\@ 660� ��cti° 246� Nm�
37 ti 39 ra

UNIVFRSI
MacArthur NO (NS)1
MacArthur Blvd (NS)l
Voil Korman Ave (EVIL
Jamboree Rd (EV }
co M
oLoo
—56
Nvn
�-1D45
t,
,r211
,l !
r558
21 420-A
`5 r
41 —
° N
937
a, m ten'
46�
tiv
154�
MacArthur Blvd (NS)l
Bison Ave (EW)
v n "-40
�nQi' —93
�r 211
97'` T r
84� Imo
67� ��
r�
Jamboree Rd (NS)1 Jambures Rd (NS)J
Campus Dr (EVV) Go
VaBristol St N (EVV)
MN
m_ ao N �--194 v o
r185 ,!
9 2-4 ' 1 t r ' 5 t
133—> oc�uCOi i°aa
226--4 N m co w
Jamboree Rd (NS}l Jamboree Rd (NS)J
Bristol Sr 5 (Ew) University Or (FM
LO
LX
M ti� "`142
� m�m �-99
Al I tk r250
AVE 1101 939- t r 378-r
402— � N 90— ,ram a)
1247--�k N 32- �r
Figure 25
CEQA Year 2027 With Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
42 19604
11-127

RVE
Campus Or (NS)!
I
Campus Or (NS)!
Bristol St N (Eq
Bristol 515 (EM
cSe) M
107
uO Co
�r--
—1798
r
NroId
,r
,r 276T
Ilk
j L
1 t
624'
t rr
wrn
877-r
r-Ni
rn ti
485 �,
co N
Birch St (NS)i
Bristol St N (EVJ)
com '-117
LD 04v <-1600
,! r 367
�2
-
N
Birch St (NS)i
Brislal St S (EW)
IN �
T
226 T i'
953�
111 �, NN
Legend
QStudy Intersection
C2A, �O
Site �1 O
Y
MacArthur Blvd (NS)1
Campus Or (EVJ)
mN *-140
v rn n —877
L `86
MacArthur B)vd (NS)!
Blrch St (EVV)
mnl L195
o rn —332
,1 L ,r 62
265rff
297
Q
44I
48 216— CNN
254 I'--
MacMhur Blvd (NS)1
MacArthur Blvd (NS)! '
Von Karmen Ave (EVC
Jamboree Rd (EW)
'-81
0N0)
'L-112
(13
C', co n
—38
Lo ,
—1224
,r l L
rr507
,r ! L
,r582
62 269 }
w i rr
$5
1098—
r�ivo
111�
cnN
50�,
Nrn�
Ur4WERSII
MacArthur Blvd (NS)!
Bison Ave (EVJ)
v '-67
G°C22 •-141
d 1 L ,r 146
170 -�
r'
158u"'Nrn
131� �N
Jambarea Rd (NS)! Jamboree Rd (NS)!
Campus Dr (EV) Brstol 61 N (EM
cocoN *-345 ��
—274 m
"123 d j
J r
`Q7v 164�1r' `S�P
y L255-- rcN't vcoV
Jamboree Rd (NS)! Jamboree Rd (NSP
Bnstol St S (EW) University Or (EVV)
LO
m r• �00M "-122
—106
.r L r298
ejSON AVE
624-r T r 278- 'S t P
696� (� 100---► �o't
1106 �, N 12-4 N M
Figure 26
CEQA Year 2027 With Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
43 19604
11-128

8. GENERAL PLAN COMPARISON ANALYSIS
This section presents analysis of Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan EIR, Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C.

GENERAL PLAN COMPARISON METHODOLOGY
This analysis compares the traffic analysis zone (TAZ) as analyzed in the Post 2030 General Plan Buildout traffic analysis with the proposed project. The Newport Beach Traffic Model (NBTM) TAZ 1390 was analyzed with 87 dwelling units of multifamily housing and 99,970 square feet of general office in the 2006 General Plan EIR. Since the project is constructing 230 multifamily housing dwelling units, the project is proposing 143 additional dwelling units compared to the 2006 General Plan EIR analysis. Therefore, Post 2030 General Plan Buildout With Project conditions were determined by adding the net increase in dwelling units proposed within TAZ 1390 to the Post 2030 General Plan Buildout forecasts originally evaluated in the 2006 General Plan EIR. The general office square footage stayed unchanged in this analysis.

GENERAL PLAN COMPARISON TRIP GENERATION ANDTRIP DISTRIBUTION Table 7 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manuol (11th Edition, 2021). Based on review of the ITE land use description, trip generation rates for multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the proposed land use and was selected for use in this analysis.

The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantity.

As shown in Table 7, the proposed increase in General Plan buildout units is estimated to generate approximately 649 additional daily trips, including 53 additional trips during the AM peak hour and 55 additional trips during the PM peak hour.

Project residential trip distribution patterns (see Figure 12 and Figure 13) were used for this analysis.

POST 2030 GENERAL PLAN BUILDOUT WITHOUT PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout Without Project volume forecasts were provided by the City of Newport Beach based on the 2006 General Plan EIR. Post 2030 General Plan Buildout Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 27 and Figure 28.

POST 2030 GENERAL PLAN BUILDOUT WITH PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout With Project volume forecasts were developed by adding the General Plan Comparison project trips to Post 2030 General Plan Buildout Without Project traffic volumes. Post 2030 General Plan Buildout With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 29 and Figure 30.

GENERAL PLAN COMPARISON 1mPACTASSESSMENT
ICU and Levels of Service at the applicable study intersections for General Plan Comparison: Post 2030 General Plan Buildout Without and With Project conditions are shown in Table 8. As shown in Table 8, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for Post 2030 General Plan Buildout Without and With Project conditions, except for the following intersections:
gridii
1400 Bristol Street North Residences
Traffic Impact Analysis
44 19604
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1. Campus Drive (NS) at Bristol Street North (EW)
(Both AM/PM Peak Hours)

3. Birch Street (NS) at Bristol Street North (EW)
(AM Peak Hour)

5. MacArthur Boulevard (NS) at Campus Drive (EW)
(PM Peak Hour)
b.

MacArthur Boulevard (NS) at Birch Street (EW)
(PM Peak Hour)

10. Jamboree Road (NS) at Campus Drive (EW)
(PM Peak Hour)

12. Jamboree Road (NS) at Bristol Street South (EW)
(AM Peak Hour)
Table 8 also calculates the net change in ICU at the study intersections for Post 2030 General Plan Buildout With Project conditions. As shown in Table 8, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for Post General Plan Buildout With Project conditions and no new mitigation measures are required. g3lddii
45 1400 Bristol Street North Residences
Traffic Impact Analysis
19504
11-130

Table 7
General Plan Comparison Trip Generation
Trip Generation Rates
Land Use
Source'
Unite
AM Peak Hour
PM Peak Hour
Daily
% In
% Out
Rate
% in
%Out
Rate
Multifamily Housing (Mid -Rise)
ITE 221
DU
23%
77%

0.37 61%
1 39%
1 0.39

4.54 Trips Generated
Land Use
Quantity
Unit`
AM Peak Hour
PM Peak Hour
Daily
In
Out
Total
In Out
Total
Multifamily Housing (Mid-Rise)3
143
DU
1 13
40 53
34 21
55 649
N otes:
(1) iTE = Institute of Transportation Engineers Trip Generofion Manual (11th Edition, 2021); ### = Land Use Code (2) DU = Dwelling Units
(3) The General Plan comparison analysis evaluates an additional 143 DU to NBTM TAZ 1390. Project (230 DU) - TAZ 1390 (137 DU) = 143 DU, 46 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
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Table 8
General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment I❑ Study Intersection
Traffic
Control
General Plan Buildout Without Project
General Man Buildout With Project
V/C Encrease
Significant
}mpaet?
AM Peak Hour
PM Peak (lour
AM 1 Peak Hour
PM Peak Hour
V/C'
LO5'
V/C'
LOSa
V/C'
LOS'
V/C'
LOS'
AM
PM

1. Campus Dr INS) at Bristol St North (EW)
T5
1024
F

0.948
E

1.025
F

0.949
E
+0,001
+0.001
No

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
T5

0.893
D

0.774
C
0,893
D
0,775
C

0.000
+0.061
No

3. Birch St (NS) at Bristol St North (EW)
TS

0.916
E

0.811
D

0.919
E

0.813
D
+0,003
+0.002
No

4. Birch St (NS) at Bristol St South (FW)
TS

0.547
A
DA25
B

0.554
A

0.627
B
+0.007
+0.002
No
5, MacArthur Blvd INS) at Campus Dr (EW)'
TS
0+809
D
I 'L241
F
1 0.809
D

1.241
F

0.000

0.000
No

6. MacArthur Blvd INS) at Birch St (EW)
T5

0.796
C

1.016
F

0.797
C
1,018
F
+0.001
+0.002
No

7. MacArthur Blvd INS) at Newport Pt Dr/Von Karman Ave (EW) TS

0.562
A

0.682
B

0.562
A

0.684
B

0.000
+0,002
No

8. MacArthur Plvd (NS) at Jamboree Rd (EW)`
TS

0.877
❑

0.858
D

0.878
D
0,861
O
+D.061
+0.003
No

9. MacArthur Blvd (NS) at Bison Ave (EW)
T5

0.775
C

0.792
C

0.775
C

0.793
C

0.000
+0.001
No
10, Jamboree Rd (NS) at Campus Dr (EW)"
TS

0.93)
E
1,180
F

0.931
E
1,182
F
+0.001
+0.002
No

11. Jamboree Rd INS) at Bristol St North (EW)
TS

0.681
B

0.606
B

0.684
B

0.617
B
+0.003
+0.011
No

12. Jamboree Rd INS) at Bristol St South (EW}
T5

0.942
E

0.867
0 0.947
E

0.871
D
r0.005
+0.004
No
13, Jamboree Rd (115) at Eastbiuff DOUniversity Dr (EW) TS

0.681
B

0.667
B

0.6B1
F'

0.667
B

0.000

0.000
No
Noe:
(1) T5 -Traffic Signal
(2) V/C= Volume/Capacity
(2) L05 = Level of Service
(4) Level of Service E is acceptable: shared jurisdiction wish City of Irvine. g:nddl'1
47 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
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AVF
Campus Dr (NS)f
Campus or(NS)1
Bristol St N (EM
Bristol St 5 (EM
00 '-250
00 v rn
—2010
r f
,l
r310

1. '1
1370� P
vN
1590� �4
uzM
670�
Si?te Q�J �
ct I �15 �p
l I
MacArthur Blvd (NS)l I
Campus Dr (EA
000 '-60
r40
0AN
MacABirchrlhur BWd (NSII

SI (EW)
000 '-20
0 J �. ,r-50
710 -x `1 t i'
770 -"
e
990—► ,4 N
670,nno
200
{r
MacArthur Blvd (NS}l
MacArthur Blvd (NS)l
Von Karman Ave (EVV)
Jamboree Rd (EW)
a0 '-40
000 t170
EDS —180
"Ur —1120
.� I 'r r170
A� 1 V r420
'
670'r 'S P
40-0
'i t r-
170—
m .
1760— 0-o
607
�TLO
160� Nrocc
OR
MacArthur Blvd (NS)I
Bison Ave (FM
0� 10
mryw —250
Al 1 r160
330
270— S'cco'Q
Birch St (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l
Brstol St N (EM Campus Dr (EW) Bristol St N (ER
00 "-820 OFO t170 00
aN —1730 a0iroh —840 tiff
.1 1 r480 4O d 1, rmo J 1
Jk i
i t `Q7� 260'
o_o Gj 280� 000 00
30-X C0n �rNi
Birch St (NS)l O\ Jamboree Rd (NS)l Jamboree Rd (N8)1
Bristol St S (E" Bristol S1 S (EM University Dr (EW)
00 0 orn0 '-170
tN n c"v�r 110
� S�SaN AVE r340
850- T r" 2150--' T rr 510'r
1200 00 M 570� 0 m 120� m N Ir
210-% U')M 1020- 10--, mN
Legend
Study Intersection
g3odii
Figure 27
Post 2030 General Plan Buildout Without Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
48 19604
11-133

Site
IR) INE A V,,z
M�R
Campus Or (NS)I
Campus Or (NS)l
Brislol St N (EVJ)
Bristol St S (EVJ)
00 r- un
"140
c00 0
02 —2880
C"I M
,1 l
ar 540
! k
t
550�r
+
I P
0 1
o
1420� 0
7 r
630-x r �r
Birch St (NS)!
Brislol St N (EW)
coo �160
20 —1730
.l 1 ,r 530
a0a o
r u,
Birch St (NS)!
Bristol St 5 (EW)
0 0
Irnv
380 � t I'
1490 rQa o
130-,7 CO
Legend
QStudy Intersection
y�
AVE
U3
I+a
MacArthur Blvd (NS)1
Campus Or (EW)
n 0 0 *-190
CY) � 1470
,1 L �r 160
530' T `1 t r
700 ' I N N cep
� 160MT
MacArthur Blvd (NS)f
Birch St (EW}
C c0o 0 "� 360
cor 1020
.JIL ;150
460�' T`S f P
480— mr0n-
70� T-�
MacArthur Blvd {NS)!
MacArthur Blvd (NS)1
Van T(arman
Ave (FM
Jamboree Rd (EW)
CD Cor�
CD
180'9
ri.

G°1-
�
1 —570210
�-110
r860
W
r20
140�`
itP
240�'`itP
270
1480�
rnpN
100
70-A
co co
MacArthur Blvd {NSI!
Bison Ave (EVJ)
ry R
'-50
0 v m +-400
,t ,r220
330-r -, t -
210 rao0
100� Nf�r
N
Jamboree Rd (N5)) Jamboree Rd (NS)f
Campus Dr (ER Bristol 5S N (EV4
0 r0n 0 t530 V Co
NNE —650 4a
1 ,r360 .l
610- r�t?r
850— �2U))04 CDC4
30i MCC
N
Jamboree Rd (NS)! Jamboree Rd (NS)I
Bristol St S (EW) University Or (EW)
CD 0 N 0 '-210
M-67 —110
,r340
1180-0 t r~ 200,' ""'1 t -
1500— C 110--� r0000
1010co 10� 0)M
Figure 28
Post 2030 General Plan Buildout Without Project
PM Peak Hour Intersection Turning Movement Volumes

1.400 Bristol Street North Residences
Traffic Impact Analysis
49 19604
11-134

IRVINE Aye
Campus Dr (NS)l
Campus Dr (NS)l
Bristol St N (EM
Brislol SI S (EW)
00 *-250
N0
v u�
—2018
r
J
,r312
l
v;l T
1370
�n
~
1670�
m
Nrn
Birch St (NS)l
Bristol St N (EW)
"- 828
v"
+-1740
Alp-502
Birth St (NS)l
Bristol $I S (EW)
u7 4
tm
�
4 850 I l'
1203 co
210-N �m
Legend
QStudy Intersection
MacMhur Blvd (NS)1 MacArthur Blvd (NS)f
5� �O Campus Or (EM Birch St (EW)
Gl�, � ONO 60 ON0 L20
Site Q�J O ,r400 d � r500

0.0 770-" 'S 1 r- 7113,
�Ri 200 � `r' � r 660LO It It
s,. � �
Markrthur Blvd (NS)l MacArthurBlvd (NS)! 1
t✓ Von Karman Ave (EW) Jamboree Rd (EVt
4N '-40 Cl) 00 L170
a'crp CC) —1$0 `2'r —1123
d rr171 1 Or-420
40670--" P
1701770— o °'g
607 r�� 1$4Z ��
M orArthur Blvd (NS)1
Bison Ave (EW)
UNIVERSITY QR v L10
M NI cO —250
330-" P'
270� ep
2107 mmN
Jamboree Rd (NS)l Jamboree Rd (NS)!
Campus Or (EW) Bnslol St N (EW)
Oho L170 coo
NO —840 r`r
a � � ,r 800 r �
r
260 --4 `r T rr `1 T
2$0— avn0i vQD
307 ror, * N
N� [7
Jamboree Rd (NS)l Jamboree Rd (NS)1 _.

Bristol St S (EVJ) University Or (EW)
mo OA ID L17D
N o V ---110
,l ,r 340
AVE t }
121117-" 510 -4
574— om 120— �N0
1024-q cil 1N
Figure 29
Post 2030 General Plan Buildout With Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analy5i5
50 19604
11-135

Site
A vz
Campus Or(NS)!
Campus Or(NS)!
Bristol St N (EM
Bristol St 5 (E"
o LO "-140
m o
N T —2884
N M
d l pr541
L
`s t
550
t r'
00 1427—
0r
630-
Birch SI (NS)I
Brislol St N (CW)
CD
co M 164
r 20 —1735
�+ ,r 542
t
ao
oa o
Birch 51(NS)l
Bdstul St S (EVN
O N
CD V
L
1499�
130-�
Legend
QStudy Intersection
93-dii
4-
AVE
r
�o
Uf11VtRS
MacArthur Blvd (NS)!
MacArthur Blvd (NS)!
Campus Or (EVl)
Birch St (EVV)
ara k-190
oaa �� 360
—1470
co), —102r
0 -161)
'd r150
530` � t t
463-
t
0°'
481
4007DD�
oMONNco
160,
70-
�o
r MacArthur Blvd (NS)l
MacArthur
Blvd (NS)l
Von Karman Ave (EVV)
Jamboree
Rd (EM
n�110
I-oo
'-1a0
"
—`i 1t57I
.T1 r862
d
r9L 20
140—
'c"
240
'9
1485
N0�270
)
1007
rnr
727
NCO ED
MacArthur Blvd (NS)l
(
Bison Ave (EVV)
orn '-50
v co 00
rQ v —400
r220
330} '� t r+
210— ocno
100�, MNr
Jamboree Rd (N5)1
Jamboree Rd (NS)l
Campus Or (E 4M
Bristol Sl N (Eq
'-530
o_v_
con rD�
NN V —650
J I L ,r360
r
610 -r � t r"
l
`� t
850— o ri a
CO LS7 N
307 r rn r-
r
Jamboree Rd (NS)l
N r-
r N
rn to
N
Jamboree Rd (NS)f
Bristol Sl S (EVV)
llniversily Or (ENV)
CD
N mm �210
Cl) T —110
,1 L r 340
1196
2001
i t �'
1502—
co�2
110—
Svc)
1012��
10-x
C) c)
`IN
Figure 30
Post 2030 General Plan Buildout With Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristal Street North Residences
Traffic Impact Analysis
51 19604
11-136

9. CONGESTION MANAGEMENT PROGRAM
This section provides analysis of the project impacts at County facilities in accordance with typical Orange County Congestion Management Program (CMP) requirements.

BACKGROUND
The Orange County CMP is a result of Proposition 111, which was a statewide initiative approved by the voters in June 1990. To prevent gas tax revenues from being used to promote future development, the legislation requires that a traffic impact analysis be prepared for new development, The traffic impact analysis is prepared to monitor and mitigate traffic impacts caused by new development. In Orange County, the Measure M Growth Management Program requires similar efforts; however, compliance with the CMP is required for local jurisdictions to receive Measure M2 funds.

The Legislature requires that adjacent jurisdictions use a standard methodology for conducting a traffic impact analysis. Although details vary from one county to another, the general approach selected by each county for conducting traffic impact analyses has common elements. The Orange County CMP uses the Intersection Capacity Utilization methodology for anaiysis of intersections within the designated CMP roadway system.

CMP-MONITORED INTERSECTIONS
The following intersections in the City of Newport Beach are part of the CMP Highway System that require monitoring to ensure that Level of Service standards are maintained:
■ Newport Boulevard at Coast Highway
■ MacArthur Boulevard at Jamboree Road
■ MacArthur Boulevard at Coast Highway

REQUIREMENTS FOR IMPROVEMENTS
To determine whether the addition of project -generated trips results in an operational impact at a CMP study intersection, and thus requires improvements, the Orange County CMP utilizes the following requirements:
■ An operational project impact is defined to occur when a proposed project is forecast to increase traffic demand at a CMP study facility by more than three percent of capacity (V/C > 0.03), causing or worsening Level of Service F (V/C > 1.00),

CRITERIA FOR PREPARATION OF CMP IMPACT ANALYSIS
The Orange County CMP uses the following criteria to determine if a proposed development requires analysis:
■ Development projects forecast to generate 2,400 daily trips or more and have indirect access to a CMP facility; or development projects forecast to generate 1,600 daily trips or more and have direct access to a CMP facility; or
■ Projects with a potential to create an impact of more than three percent of Level of Service E capacity.

Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.
glordi
1400 Bristol Street North Residences
Traffic Impact Analysis
52 19604
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10. SITE ACCESS AND CIRCULATION
This section includes a description of project improvements necessary to provide site access and an evaluation of site access and circulation. The following section is based on the site plan used in this traffic impact analysis.

SITE ACCESS
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the rc4ocated project driveway at Bristol Street North will continue to provide right turn in/out only access.

The project driveway at Spruce Street will continue to provide full access. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation.

Based on the forecast project trip distribution patterns, the majority of the project trips, particularly resident trips during the AM/PM peak hours, are expected to access the site via the project driveway at Bristol Street North. Bristol Street North is a three -lane arterial roadway at the project driveway that connects with other arterial and regional roadway facilities. Westbound traffic along Bristol Street North at the project driveway will operate in free -flow conditions. Right turns into the project site from Bristol Street North will have no conflicting vehicular movements and are therefore expected to cause minimal to no delays along Bristol Street North.

ON -SITE CIRCULATION
The proposed project site plan indicates on -site subterranean drive aisles will be a typical minimum of 26 feet along the drive aisles with perpendicular parking spaces, which is generAly adequate for two-way circulation and provides sufficient space for most vehicles to back out and conveniently exit the parking stall. The project site plan proposes drive aisles from Bristol Street North and Spruce Street that terminate at parking garage entrances/exits with perpendicular parking and drive aisles within the parking garage. The final parking layout and circulation will be reviewed and approved by the City of Newport Beach.

In accordance with the City of Newport Beach Municipal Code development standards for parking areas (Section 20.40.070.A.1c), both project driveways provide a minimum set back of five (5) feet between the property line and the first parking space accessed from a public street (within the parking garage). Additionally, the two basement level parking layouts proposed allow for full circulation with no dead-end drive aisles. The only dead-end drive aisle located on the proposed ground floor parking layout includes a turnaround parking space.
9:101dii 1400 Bristol Street North Residences
Traffic Impact Analysis
53 14604
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i1. VEHICLE MILES TRAVELED (VMT)

BACKGROUND
California Senate Bill 743 (SB 743) directs the State Office of Planning and Research (OPR) to amend the California Environmental Quality Act (CEQA) Guidelines for evaluating transportation impacts to provide alternatives to Level of Service that "promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses." In December 2018, the California Natural Resources Agency certified and adopted the updated CEQA Guidelines package. The amended CEQA Guidelines, specifically Section 15064.3, recommend the use of Vehicle Miles Travelled (VMT) as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region.

All agencies and projects State-wide are required to utilize the updated CEQA guidelines recommending use of VMT for evaluating transportation impacts as of July 1, 2020.

The updated CEQA Guidelines allow for lead agency discretion in establishing methodologies and thresholds provided there is substantial evidence to demonstrate that the established procedures promote the intended goals of the legislation. Where quantitative models or methods are unavailable, Section 15064.3 allows agencies to assess VMT qualitatively using factors such as availability of transit and proximity to other destinations. The Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation impacts in CEQA (State of California, December 2018) ["OPR Technical Advisory"] provides technical considerations regarding methodologies and thresholds with a focus on office, residential, and retail developments as these projects tend to have the greatest influence on VMT.

VMTAssEssMENTAND SCREENING
The project VMT impact has been assessed in accordance with guidance provided by the City of Newport Beach SB743 lmplementotion (April 6, 2020) ["the City VMT Guidelines"] and City Council Policy K-3. The transportation guidelines provide a framework for "screening thresholds" for certain projects that are expected to cause a less than significant impact without conducting a detailed VMT study. The proposed project is considered a residential land use.

The City VMT Guidelines contain a map of VMT per capita for all existing Newport Beach residential areas (see Appendix F). VMT per capita in each area is compared to the regional average VMT per capita for Orange County. This map shows areas where residential development have a VMT per capita lower than the Orange County regional average and may therefore be presumed to result in a less than significant VMT impact based on guidance provided in the OPR Technical Advisory.

The proposed project is in an area with low residential VMT per capita. Therefore, the proposed project is presumed to have a less than significant impact on VMT since it satisfies the City -established screening criteria. No additional VMT modeling or mitigation measures are required. p-Iddh 1400 Bristol Street North Residences
Traffic ImpactAnalys'Es
54 19604
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12. CONCLUSIONS
This section summarizes the findings and mitigation measures (if any) identified in previous sections of this study.

PROJECT TRIP GENERATION
The existing project site land use is estimated per Table 2 to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.

TPO IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.

CEQA YEAR 2027 IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.

CEQA GENERAL PLAN COMPARISON IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for General Plan Comparison: Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required.

VMT SCREENING
The proposed project is located in an area with VMT per capita lower than the Orange County regional average for residential use. Per the City VMT Guidelines, the project is therefore presumed to have a less than significant impact on VMT.

CONGESTION MANAGEMENT PROGRAM
Since the proposed project has indirect access to a CMP facility (e_g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.

SITE ACCESS AND CIRCULATION
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn ;n/out only access. g3l:Hh 1400 Bristol Street North Residences
Traffic Impact Analysis
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APPENDICES
Appendix A Glossary
Appendix B Volume Count Worksheets
Appendix C Level of Service Worksheets
Appendix D Approved Projects List and Cumulative Projects Appendix F TPO One -Percent Threshold Analysis
Appendix F Existing VMT Per Population Map
g:31JAii
1400 Bristol Street North Residences
Traffic Impact Analysis
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GANDDINI GROUP INC.
714.795.3100 1 ganddini.com
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EXHIBIT "F"

CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved site plan, floor plans, landscape plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). Minor changes to the approved development may be approved by the Community Development Director, pursuant to Newport Beach Municipal Code Section 20.54.070 (Changes to an Approved Project) if the intent of the original approval is not affected.

2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach ("City") and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.

3. Entitlements granted under PA2022-0296 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC"), unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to California Government Code Section 66452.06(a).

4. The proposed residential development shall consist of 229 apartment units, inclusive of 153 base units (conversion and GPA units) and 77 density bonus units.

5. A minimum of 23 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1400 Bristol Street Affordable Housing Implementation Plan and Density Bonus Application dated August 11, 2023.

6. Maximum height of the residential structure shall be 85 feet. No building or any portion of structure, architectural feature or mechanical equipment shall exceed 85 feet.

7. Prior to the issuance of a building permit an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office.

8. The on -site recreational amenities including private balconies, a clubroom, podium courtyard, a roof deck, media room, business center, etc. as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to 11-144

the approval by the Community Development Director. The square footage of on -site recreational amenities shall not be reduced so that the development no longer provides 44 square feet per dwelling unit, as required by General Plan Land Use Element Policy L U 6.15.16.

9. The residential parking garage shall have the following features:
a. A safe, secure and well lighted and signed pedestrian paths for all users. b. Adequate and uniform lighting throughout each parking level. c. Panic alarms and two-way communication systems in prominent locations on each parking level.

14. Prior to the issuance of a buildinq permit,. an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The Project shall be attenuated in compliance with the report.

11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation.

12. The design of the residential structure shall provide adequate noise attenuation between adjacent units (common floor/ceiling) in accordance with the California Building Code (CBC).

13. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas.

14. Advanced air filtration systems for buildings shall be considered to promote cleaner air without the opening of windows.

15. Prior to the issuance of a building permit, the Applicant shall submit to the Community Development Department a final copy of FAA Determination of No Hazard to Air Navigation reflective of the proposed building height.

16. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share Traffic Fees and Transportation Corridor Agency fees shall be paid for the Project.

17. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project
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18. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project.

19. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees, inclusive of the Project's fair share of public safety fee, as determined by the Community Development Director.

20. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach.

21. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements:
a. Within three (3) days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius.
b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verities through non-invasive methods that either (i) the adult birds have not begun egg - laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival.
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d. If the biologist is not able to verify any of the conditions from sub -item "b," above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species -appropriate (no less than 100-foot radius around the nest for non - raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities.

The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survivb independently from the nests.

22. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application.

23. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.

24. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of the approved entitlements.

25. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code.

26. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits.

27. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought -tolerant plantings and water -efficient irrigation practices, and the plans shall be approved by the Planning Division.
2& All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
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29, The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.

The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

30. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures.

31. Prior to the issuance of Final Certificate of _Occupancy, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in conditions of approval.

32. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.

33. All noise generated by the proposed use shall comply with the provisions of Chapter

10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher:

Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
NIA
65dBA
NIA
60dBA

34. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent.

36. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays.
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36. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies.

The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Refuse collection shall comply with the loading a pick up location identified on approved plans. The Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies.

37. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements).

38. Prior to issuance of building permits, the City of Newport Beach Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. The Police Department shall review and approve all defensible space design features incorporated into the project prior to permit issuance.

39. Prior to the issuance of a grading permit, the Applicant shall retain a qualified archaeologist to periodically monitor ground -disturbing activities onsite and provide documentation of such retention to the City of Newport Beach Community Development Director. The archaeologist shall train project construction workers on the types of archaeological resources that could be found in site soils. The archaeologist shall periodically monitor project ground -disturbing activities. if archaeological resources are encountered, all construction work within 50 feet of the find shall cease, and the archaeologist shall assess the find for importance and whether preservation in place without impacts is feasible. Construction activities may continue in other areas. If, in consultation with the City and affected Native American tribe (as deemed necessary), the discovery is determined to not be important, work will be permitted to continue in the area. Any resource that is not Native American in origin and that cannot be preserved in place shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton.

40. Prior to the issuance of a grading permit, the Applicant shall retain a qualified paleontologist to be available on -call during ground -disturbing activities on site and provide documentation of such retention to the City of Newport Beach Community Development Director. if paleontological resources are encountered, all construction work within 50 feet of the find shall cease, and the paleontologist shall assess the find for importance. Construction activities may continue in other areas. If, in 11-149

consultation with the City, the discovery is determined to not be important, work will be permitted to continue in the area. Any resource shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Cooper Center (a partnership between California State University, Fullerton and the County of Orange).

41. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be retained and compensated as a Native American Monitor for the project site prior to the commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities.

42. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project. "Ground -disturbing activity" shall include any demolition that includes subterranean impacts, mass grading, and excavation. The monitor is expected to accommodate the construction schedule provided by the Applicant. The Applicant shall make a good faith effort to notify the monitor of any changes to the construction schedule at least 24 hours in advance.

43. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity.

44. The monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be provided to the project applicant/lead agency upon written request to the monitors.

45. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written confirmation to the consulting tribe from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribe.

46. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 25 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The monitor will recover and retain all discovered TCRs in the form and/or manner the tribe deems appropriate, in the tribe's sole discretion in 11-150

coordination with the applicant, and for any purpose the tribe deems appropriate, including for educational, cultural and/or historic purposes.

47. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

48. if Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

49. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

50. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

51. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

52. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Residences at 1400 Bristol Street including, but not limited to General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Development Agreement, Addendum to the 2006 General Plan Update Program Environmental Impact Report, and Traffic Study, PA2022-0296. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, andlor the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.

Public Works Department

53. All improvements shall be constructed as required by Ordinance and the Public Works Department.
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54. An encroachment permit shall be required for all work activities within the public right of way.

55. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building permit issuance.

56. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The PMP shall include information regarding gate operation, move -in and move -out, ride share area, guest parking areas and residential parking areas.

57. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 605.

Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension.

58. The applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Spruce Street and Bristol Street North frontages per City Standards.

59. The applicant shall construct an 8-foot wide sidewalk along the Bristol Street North frontage and dedicate all applicable easements to the City to accommodate the 8- foot wide sidewalk.

60. The applicant shall provide an additional 2-foot wide easement along the Bristol Street North frontage for sidewalk purposes to accommodate a 10-foot wide sidewalk. The applicant shall construct a 10-foot wide sidewalk along the Bristol Street North project frontage when other developments in the area occurs and/or future pedestrian/cyclist volumes/usage increase, as directed by the Public Works Department.

61. The applicant shall provide a 6-foot wide sidewalk around the proposed pull-out area.

The applicant shall dedicate all applicable easements to the City to accommodate the 6-foot wide sidewalk.

62. All deliveries shall be accommodated on -site and prohibited from parking or stopping within the public right of way. Only ride share vehicles shall be permitted to utilize the pull-out area located on Spruce Street.

63. The proposed driveway shall be constructed per City Standard 161. The radius for the Bristol Street North driveway shall be minimum 20-foot radius and the radius for the Spruce Street driveway shall be 15-foot minimum.

64. All on -site fire hydrants shall be privately owned and maintained. 11-152

65. An encroachment permit and encroachment agreement shall be obtained for the proposed pedestrian bridge located across Spruce Street. The bridge vertical clearance heights shall comply with latest Caltrans Highway Design Manual.

66. All landscaping along the Spruce Street and Bristol Street North frontages shall comply with the City's line of sight standard 105. Sight distance at all intersections shall comply with City of Newport Beach standards.

67. Final design of the water and sewer services is subject to further review by the Public Works Department during plan check.

68. Final design of the modified storm drain inlets is subject to further review by the Public Works Department during plan check.

69. The Spruce Avenue entrance shall be designed to accommodate a turnaround area prior to the garage entry and a minimum 3 vehicle queue prior to the call box. The turnaround shall comply with the AASHTO turning templates. The vehicle queue shall be located entirely outside of the Spruce Avenue right of -way.

70. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate with the City to complete the required off -site improvements identified in the Sewer Capacity Study dated August 11, 2023, to the satisfaction of the Public Works and Utilities Directors. The Applicant shall be responsible for their fair share cost of the improvements as determined by the City, which may include the payment and construction of the entire improvement unless the City assumes the cost of the improvement.

Budding Division

71. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a certificate of occupancy.

72. Deleted.

73. All new construction shall comply with 2022 California Code Edition.

74. A grading bond shall be required prior to grading permit issuance.

75. A geotechnical report shall be submitted to the Building division for review prior to grading permit issuance.

76. Deleted.
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77. A drainage and hydrology study shall be submitted prior to grading permit issuance

78. Deleted.

79. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts:

Dust Control
• Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.

Emissions
• Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment.

Off -Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control.

Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.

80. Prior to the issuance of a gradin_, permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality.

81. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the 11-154

approval of the Building Division and Code and Water Quality Enforcement Division.

The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur.

82. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.

83. Prior to building permit issuance, the Applicant shall demonstrate compliance with South Coast Air Quality Management District (SCAMQD) Rule 1113. Rule 1113 requires manufacturers, distributors, and end -users of architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) emissions from the use of these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with SCAQMD Rule 1113. This requirement shall be included as notes on contractor specifications.

84. During construction, if groundwater is unexpectedly encountered, the Applicant shall apply for dewatering coverage and adhere to the monitoring and reporting program under the Santa Ana Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES).

85. Prior to the building plan check submittal, the Applicant shall submit the Project for Building Code Preliminary Review.

86. The residential dwelling units and their common use areas shall comply with Housing Accessibility per Chapter 91A.

87. The nonresidential portion of the development shall comply with the public accommodation requirements per Chapter I IB.

88. The new bridge over Spruce Street shall comply with CBC Section 3104 and all of its sub -sections under the Pedestrian Walkways and Tunnels requirements.

89. The pedestrian bridge shall comply with accessibility requirements. 11-155

Electrical, Mechanical, Plumbing

90. Prior to building permit issuance, project plans shall demonstrate compliance with the following:
a. Below grade enclosed parking garage requires exhaust and ventilation per CIVIC 403.7.1 and Energy Code 120.6(c).
b. Parking exhaust 1 ventilation from below grade must meet termination requirements based off CIVIC 502.2.2. Make up air for below grade parking garage shall be placed to avoid recirculation of contaminated garage air. c. Indoor air quality requirements for dwelling units shall follow Energy code section 160.2 which states that operable windows are not allowed as means for providing outside air to dwelling areas.
d. Multifamily buildings shall meet the mandatory requirements for Electric Ready Buildings per Energy code section 160.9.

Real Property Division

91. Prior to issuance of building permits for the pedestrian bridg , the Applicant shall demonstrate compliance with the following:
• Applicant shall enter a lease agreement or other form of agreement as determined by the City for use of air rights over the Spruce Street right-of-way. The agreement shall require that the bridge be owned, operated, and maintained by the property owner of 1400 Bristol Street.
• Applicant shall pay for the appraisal of air rights required prior to negotiation of lease terms.
• Insurance and surety bonds shall be required.
• Final details of bridge design, including materials used, height and other dimensions shall be subject to landlord (City) review and approval.

Fire Department

92. Fire protection systems and the emergency responder radio system shall be inspected and approved by the Fire Marshal.

93. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshall.

94. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, 11-156

including the fire sprinkler system, shall be operational in the garage basement areas used for parking by the construction crews and for storage of building materials and construction equipment.

95. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002.

96. Emergency responder radio coverage shall be required to comply with NBFD Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510.

97. Emergency power and Standby Power System small be required as per CFC Section 604.2.14.

98. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2 amendment shall be provided throughout all buildings.

99. A standpipe system shall be required and installed as per CFC Section 905.3.1. 100. Fire Alarm system shall be provided as per CFC Section 907.2.9. 101. New pedestrian bridge shall meet all fire department access requirements and shall not obstruct access.
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Attachment C
Ordinance No. 2024-8
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ORDINANCE NO. 2024- 8

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT FOR THE RESIDENCES AT 1400 BRISTOL
STREET PROJECT LOCATED AT 1400 BRISTOL
STREET (PA2022-0296)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by The Piceme Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section

Ordinance No. 2024-

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Newport Beach City CouncilApril 9, 2024

Newport Beach City Council
April 9, 2024