22 - Approving the Residences at 1600 Dove Street Project, and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0297) — Newport Beach City Council, August 27, 2024 (part 1 of 2)

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`q44:09 City Council Staff Report
August 27, 2024
Agenda Item No. 22
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, AICP, Senior Planner - 949-644-3234, [email protected]
TITLE: Ordinance No. 2024-18 and Resolution Nos. 2024-62 and 2024-63:

Approving the Residences at 1600 Dove Street Project, and Resolution No. 2024-64: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0297)

ABSTRACT -
The Picerne Group (Applicant) is requesting approval of a General Plan Amendment (GPA), Affordable Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is included in this application. The Project would require a future Site Development Review by the Planning Commission prior to building permit issuance.

For the City Council's consideration is the adoption of two resolutions approving a General Plan Amendment, Traffic Study, Affordable Housing Implementation Plan (AHIP), and acceptance of the environmental document. Also for the City Council's consideration is the introduction of an ordinance approving a DA for the Project. Lastly, the City Council will consider adopting a resolution overriding the June 20, 2024, Orange County Airport Land Use Commission's (ALUC), 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 to override the ALUC requires a two-thirds majority vote of the City Council.

RECOMMENDATION:
a) Conduct a public hearing;
b) Adopt Resolution No. 2024-62, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 9 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 1600 Dove Street Project Located at 1600 Dove Street (PA2022- 0297);
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Ordinance No. 2024-18 and Resolution Nos. 2024-62 and 2024-63: Approving the Residences at 1600 Dove Street Project, and Resolution No. 2024-64: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0297)
August 27, 2024

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c) Adopt Resolution No. 2024-63, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Affordable Housing Implementation Plan and Traffic Study for the Residences at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-18, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297), and pass to second reading on September 10, 2024; and
e) Adopt Resolution No. 2024-64, A Resolution of The City Council of the City of Newport Beach, California, Finding the Residences at 1600 Dove Street 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 1600 Dove Street is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0297).

DISCUSSION:

The subject property is located within the Residential Overlay zone of Newport Place Planned Community (PC-11) and is approximately 2.49 acres in size and currently improved with one four-story, 60,675-square-foot office building and a surface parking lot. The property is somewhat rectangular in shape, with a primary frontage on Dove Street to the west, bordered by the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way to the north, Dolphin -Striker Way to the south, and an existing commercial development to the east.

Project Description
The Applicant seeks the following approvals that would allow future development of a seven -story, multiple -unit residential development consisting of up to 282 apartment units:
• General Plan Amendment (GPA) - A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling units to the property;
• 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 a 50% increase in density including a request for three development standard waivers related to height, a park dedication requirement, and overall residential density, along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 22-2

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20.32 (Density Bonus) of the Newport Beach Municipal Code (NBMC) and Government Code Section 65915 et seq.;
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 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project.

The Project would require a future Site Development Review prior to building permit issuance as no specific design for the Project is included in this application. The applicant has provided conceptual exhibits showing the anticipated design types and possible site plan that may be presented as part of the future Project (Figures 1 and 2). Should the applications be approved by the City Council, future development of the Project would be required to comply with the Residential Overlay development standards set forth in the PC-11 and subject to Site Development review by the Planning Commission. The applicant's full project description and letters of support are provided as Attachment J. 22-3

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Figure 1: Conceptual Site Plan
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Figure 2: Conceptual Elevations
While the existing General Plan designation allows the proposed multi -unit residential use, the applicant requests an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to increase the number of base dwelling units allocated to the project site by 49 dwelling units, for a total of 188 dwelling units. The base density currently allotted to the property is 139 dwelling units. This density is based on the conversion of the existing 60,675-square-foot office building, consistent with the City's adopted land use conversion factors (2.29 dwelling units per 1,000-square feet of office floor area). The applicant also proposes a 50% density bonus to increase the total unit count to 282 pursuant to NBMC Section 20.32 (Density Bonus) and Government Code Section 65915 (Density Bonus Law). The dwelling unit calculations are summarized below in Table 1.

Table 1: Dwellina Unit Summary
Table I — Dwelling Unit Summary
Units Based on Existing Nonresidential Uses
139
Additional Units Requested via GPA
49 Total Base Units
188
Density Bonus (50%)
94 Total Units Allowed
282
Total Units Proposed
282
General Plan Amendment
The subject property is located in the Airport Area and is currently designated as Mixed Use Horizontal 2 (MU-H2) by the General Plan Land Use Element. The MU-H2 designation 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 to properties in the Airport Area.

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 49 GPA units are not included in the 2,200-unit policy allowance.

The applicant is seeking a GPA to revise Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to allow 49 additional residential dwelling units at the Property.

Conversions of existing commercial space to dwelling units as well as density bonus 22-5

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units are not tracked within Table LU2, except when associated within a GPA (Exhibit B of Attachment B).

The Project helps to 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 9, prepared for the Project, includes a comprehensive analysis of all relevant General Plan polices.

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 amendment to the General Plan. 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 (a.m./p.m.), 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 49 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development are 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 Charter Section 423 analysis because they are mandated by State law and allowed at any site designated for housing. The Project is the second General Plan Amendment in Statistical Area L1 within the last 10 years that includes additional dwelling units or non-residential floor area.

The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11t" 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 Charter Section 423 thresholds.

Traffic Study
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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 in excess of 300 new average daily trips (ADT). Ganddini Group, Inc. prepared a traffic study dated August 14, 2023 (Exhibit D 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.

Affordable Housing Implementation Plan
The applicant has prepared an Affordable Housing Implementation Plan (AHIP), dated April 22, 2024 (Exhibit C 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 28 units of the Project's 188 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% (94 units) above the maximum number of units allowed by the General Plan.

In addition to the 94 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 is not guaranteed.

The applicant requests the following incentives:

Incentive/Concession Requests.
a. Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Land Use Policy LU

6.15.13, the Applicant is required to dedicate 0.50 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 (0.50-acre park equivalent). The Applicant is contributing approximately $714,212 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 makes 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.
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b. 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 to reflect the same range of unit types in the residential development as a whole. 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 or three -bedroom units and affording additional rental income for the Project to ensure financial feasibility.

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 May 23, 2024, Planning Commission staff report (Attachment E):

1. Park dedication requirement

2. Residential density

3. Building height
Development Agreement
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 a General Plan Amendment and the development of 50 or more residential units.

Additionally, the Project will be required to pay public benefit fees as part of the Development Agreement.

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 DA provides vested rights to develop the Project and the City will finalize the payment of negotiated public benefit fees per each residential dwelling unit. The total fee will have three components: a public safety fee, a reduced park in -lieu fee, and a general public benefit fee (Table 2, below). 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 22-8

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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 public benefit fee would be subject to annual adjustments, based on the CPI Index after two years, and would be payable at the first building permit issuance for the new residential building(s).

Table2: Projected Public Benefit Fees
Category
Fee
Public Safety
$285,760
Reduced Park In -Lieu
$714,212
General Public Benefit
$3,555,268
Total
$4,555,240
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 C to this report.

Planning Commission Review and Recommendation
On May 23, 2024, the Planning Commission conducted a duly noticed public hearing to consider the requested application. The Planning Commission discussed the merits of the Project, the applicable park fees, and the Project's density. At the conclusion of the public hearing, the Planning Commission voted 4 ayes and 1 no (with two absent/recused), to adopt Resolution No. PC2024-008, recommending the City Council approve the Project. The Planning Commission staff report, meeting minutes, and resolution are included for reference as Attachment Nos. E, F and G.

Airport Land Use Commission (ALUC) Review
The project site falls within the airport planning area of the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC) require the City submit General Plan amendments to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on the Project at its June 20, 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 July 9, 2024, the City Council held a public hearing and adopted Resolution No. 2024-45 to notify ALUC and the California Department of Transportation, 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 22-9

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California Department of Transportation, Aeronautics Program on July 10, 2024, which initiated a 45-day comment period on the intent to override.

The City received comments from the ALUC on August 9, 2024, and Caltrans Aeronautics Program on August 7, 2024 (Attachment H). 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 the Division of Aeronautics also expresses concerns about noise and safety and the number of overrides that the City has processed in the last several years.

Staff believes that the noise concern has 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 and the noise contours of the AELUP.

With regard to the 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 Federal Aviation Administration (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 October 24, 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 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.

FISCAL IMPACT:

Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the Project by Applied Development Economics, dated April 17, 2024 (Attachment 1). 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. 22-10

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The report concludes that the Project would generate a positive fiscal impact for the City, compared to the negative fiscal impact of the existing office use of the site.

Annually, the existing office use generates a negative fiscal impact of about $104,661 per year and the residential development would anticipate generating a positive fiscal impact of approximately $41,732. This is based on the expected socio-economic profile of the future tenants.

A positive fiscal impact for a for -rent property is not 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. If the anticipated resident profile (i.e. demographic profile of residents) turns out to be more like the average Newport Beach demographic (e.g. older population), or if it changes in that direction over time, then the residential development would have a lower, or possibly negative impact on the City budget. However, the 2006 General Plan anticipated an increased development potential for commercial and lodging uses, in addition to the new residential units it would permit. 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. The Project would also provide much -needed housing opportunities in the City in furtherance of the certified Housing Element, including 28 rental units affordable to very -low-income households.

ENVIRONMENTAL REVIEW:

Environmental Impact Report Addendum No. 9 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 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. 9 and its technical appendixes are available online at the City's website at: www.newportbeachca.gov/cega .
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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.

ATTACHMENTS:

Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
— Resolution No. 2024-62
— Resolution No. 2024-63
— Ordinance No. 2024-18
— Resolution No. 2024- 64
— Planning Commission Staff Report (No Attachments)
— Planning Commission Meeting Minutes
— Planning Commission Resolution No. 2024-008 (No Exhibits) — ALUC and Caltrans Comment Letters
— Fiscal Impact Memorandum dated April 17, 2024
— Applicant's Project Description and Letters of Support — Conceptual Plans
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Attachment A
Resolution No. 2024- 62
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RESOLUTION NO. 2024- 62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ADDENDUM NO. 9 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 1600 DOVE STREET PROJECT
LOCATED AT 1600 DOVE STREET (PA2022-0297)
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 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to allow the future development of a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require the following approvals:
• General Plan Amendment ("GPA") -A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property;
• 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 three development standard waivers related to height, park dedication requirements, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law"); 22-14

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• Development Agreement ("DA") -A development agreement, pursuant to Section

15.45.020 (Development Agreement Required) of the NBMC, which would provide 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. 9 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. 9") - An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District Professional and Business Office Site 7 with a residential overlay; WHEREAS, the Property is not located within the coastal zone, therefore amending the Local Coastal Program or obtaining a coastal development permit is not required; WHEREAS, a public hearing was held by the Planning Commission on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45 (Development Agreements) and 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.

PC2024-008 by a majority vote (4 ayes, 1 nay) 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");
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WHEREAS, on June 20, 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 July 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 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. 2024-45 by unanimous vote (5 ayes, 2 recusals) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override the ALUC's inconsistency finding;
WHEREAS, a notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-45 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on July 10, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; and WHEREAS, a public hearing was held by the City Council on August 27, 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, Chapters 15.45 (Development Agreements) and 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:
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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 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 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.

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 Airport Office and Supporting Uses (AO) to Mixed -Use Horizontal 2 (MU-H2) and 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. 22-17

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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.

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 City Council approved Resolution No. 2024-22 on April 9, 2024, approving Addendum No. 7 (PA2022-0296) which is attached hereto as Exhibit "J," and incorporated herein by reference, to the PEIR to approve the Residences at 1400 Bristol Project. No analysis specific to the Property was included in Addendum No. 7.

Section 9: The City Council approved Resolution No. 2024-25 on April 9, 2024, approving Addendum No. 8 (PA2022-0040), which is attached hereto as Exhibit "K," and incorporated herein by reference, to the PEIR for the consideration of the Residences at 1401 Quail Street Project. No analysis specific to the Property was included in Addendum No. 8.
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Section 10: 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 occur 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 diligence at the time the previous EIR was certified as complete, shows any of the following:
i. 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
iv. Mitigation measures or alternatives which are considerably 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 11: Addendum No. 9 to 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.
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Section 12: 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 Cultural Resources, Utilities and Service Systems, and Wildfire. The Addendum 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. 9, 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 13: On the basis of the PEIR and entire environmental review record, including Addenda Nos. 1-9, 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, 7, and 8 to the PEIR. Addendum No. 9, which is attached hereto as Exhibit "L," and incorporated by reference including Addenda Nos. 1-8, confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in the PEIR, and/or Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 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 the PEiR, and/or Addenda Nos. 1, 2, 3, 4, 5, 6, 7 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, including Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 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, 7, and 8 to the PEIR as augmented by Addendum No. 9 for this Project, are considered part of the record.

Section 14: Addendum No. 9 which is attached hereto as Exhibit "L" is hereby adopted by the City Council. Addendum No. 9 and related and referenced documentation, including, but not limited to Exhibits "B" through "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.
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Section 15: 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 that may be awarded to a successful challenger.

Section 16: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 17: 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 18: 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 27th day of August, 2024.

Will O'Neill
Mayor
ATTEST:

Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
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 1 - Addendum No. 6 (Ritz Carlton Residences - PA2021-296) Exhibit J - Addendum No. 7 (Residences at 1400 Bristol Street - PA2022-0296)
Exhibit K - Addendum No. 8 (Residences at 1401 Quail Street - PA2023-0040)
Exhibit L - Addendum No. 9 (Residences at 1600 Dove Street - PA2022-0297)
22-22

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:

LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 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 OR THE PURPOSE OF

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

OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
22-23

Exhibit "B"
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
22-24

Exhibit "C"
2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration
Available separately due to bulk at:
https://www.newi)ortbeachca._qov/government/departments/community- development/planning-division/projects-environmental-document-download- page/environmental-document-download-Pape-arch
22-25

Exhibit "D"
Addendum No. 1 (North Newport Center)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/communitV- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
22-26

Exhibit "E"
Addendum No. 2 (North Newport Center Planned Community Amendment) Available separately due to bulk at:
httos:// www.newportbeachca.goy/government/departments/communitY- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
22-27

Exhibit "F"
Addendum No. 3 (Newport Airport Village — ER2020-002)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/communitY- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
22-28

Exhibit "G"
Addendum No. 4 (Residences at 4400 Von Karman - ER2020-003) 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
22-29

Exhibit "H"
Addendum No. 5 (Residences at 1300 Bristol - ER2022-001) Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
22-30

Exhibit "I"
Addendum No. 6 (Ritz Carlton Residences — PA2021-296)
Available separately due to bulk at:
https://www . newportbeachca.gov/qovernment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor
22-31

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
22-32

Exhibit "K"
Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040) Available separately due to bulk at:
https://www . newportbeachca.gov/govern ment/d ei)artments/community- development/planning-division/protects-environmental-document-download- page/environmental-document-download-page
22-33

Exhibit "L"
Addendum No. 9 (Residences at 1600 Dove Street — PA2022-0297) 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
22-34

Attachment B
Resolution No. 2024-63
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RESOLUTION NO. 2024- 63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

GENERAL PLAN AMENDMENT, AFFORDABLE

HOUSING IMPLEMENTATION PLAN AND TRAFFIC
STUDY FOR THE RESIDENCES AT 1600 DOVE STREET
PROJECT LOCATED AT 1600 DOVE STREET (PA2022-
0297)
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 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to allow the future development of a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require the following approvals:
® General Plan Amendment ("GPA") -A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property;
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in density including a request for three development standard waivers related to height, park dedication requirements, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law");
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• Development Agreement ("DA") -- A development agreement, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide 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. 9 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. 9") - An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District Professional and Business Office Site 7 with a residential overlay; WHEREAS, the Property is not located within the coastal zone, therefore amending the Local Coastal Program or obtaining a coastal development permit is not required; WHEREAS, a public hearing was held by the Planning Commission on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45 (Development Agreements) and 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.

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Brown Act, Chapters 15.45 (Development Agreements) and 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. 22-17

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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, Affordable Housing Implementation Plan, and Traffic Study subject to the conditions of approval which are all attached hereto as Exhibits "B" through "E" 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 of seq., set forth any required findings for approval 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 Property is designated Mixed Use Horizontal 2 (MU-H2) by the General Plan.

The Mixed -Use Horizontal 2 (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. No changes are proposed to the underlying land use designation of the Property. However, the requested GPA would increase the allowed base density at the property by 49 dwelling units.

2. The GPA and the resulting increase in dwelling units is compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential units in the Airport Area, within an area that already allows residential development. The Airport Area includes a diverse mix of land uses including the gradual development of residential multi -unit dwellings. The additional residential density requested for the property would consolidate growth and support commercial properties within the Airport Area. 22-18

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3. The GPA to add 49 dwelling units to the base unit count within the Mixed -Use Horizontal 2 (MU-H2) designation 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 building on -site was 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 additional residential density would increase the City's housing stock including the provision of 28 dwelling units that will be affordable to lower incomes, as required by the Residential Overlay of the Newport Place Planned Community (PC-11).

4. The Property is located in an area of the city that has sufficient utility systems to serve the Project. No off -site improvements other than typical utility connections are currently proposed or required or proposed as part of the Project.

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 with additional policy analysis included in the EIR Addendum No. 9:
a. Land Use Element 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 a 1970's era office building with functional residential development, in line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The Property is not in or near any of the City's areas that feature the harbor, unique topography, or view sheds. The Project would introduce residential units to the Property consistent with the uses and urbanized character of the Airport Area and the existing Mixed -Use Horizontal 2 (MU-H2) designation.
b. Land Use Element 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.
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The Project includes up to 282 multi -family residential units, including 28 units affordable for very low-income households. The 282 dwelling units are inclusive of 139 base units from the conversion of 60,675-square-foot office building, 49 added units from the requested GPA, and 94 units from the requested 50% density bonus. 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 Element 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 AL UC for review.

The Project is within the boundaries of the AELUP, therefore, the ALUC must review the proposed GPA 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 located within the City's updated 60 decibel ("dBA") community noise equivalent level ("CNEL") contour as shown in Figure N5 of the Noise Element of the General Plan as well as the 60 dBA contour identified in the AELUP, 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) (Residential Use Proximate to John Wayne Airport) of the NBMC. Further, the Property is located within Safety Zone 6, which allows residential development. d. Land Use Element Policy LU 6.15.3 (Airport Compatibility). Require that all 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 22-20

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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 within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan as well as the 60 dBA contour of the AELUP, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Residential Use Proximate to John Wayne Airport) of the NBMC.
e. Land Use Element 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.

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 Section 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 22-21

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development allocation within the Airport Area would be 209 dwelling units.

With the development of this Project, there would be 70 dwelling units (209- 139=70) remaining, exclusive of density bonus units and units authorized through a GPA.

The Property is developed with an existing 4-story commercial office building totaling 60,675 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential office use (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 139 dwelling units. The Project includes a request for a GPA to increase the base units by 49 dwelling units, which results in a total base unit count of 188 dwelling units. With the application of a 50% density bonus (i.e. 94 units), a maximum of 282 units could be constructed. f. Land Use Element 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 2.49 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 will allocate a minimum of 15% of the base dwelling units as affordable for very -low income households. Therefore, the Project will be exempt from General Plan Land Use Policy LU 6.15.6 (Size of Residential Villages).
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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 188 base units subject to approval of the GPA to add 49 units to the base density for a density of 75.5 dwelling units per acre on the

2.49 net -acre site. A waiver from Land Use Policy LU 6.15.7 regarding maximum density is requested as part of the AHIP. The base density does not include the 50% density bonus (94 units) that is allowed by the State Bonus Density law and Section 20.32 (Density Bonus) of the NBMC. Altogether, the Project would reach an overall maximum density of 113 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 up to 282 units. There will be a mixture of unit types, ranging from studios to two -bedroom units, and possibly 3-bedroom units, accommodating a variety of household types and incomes.

Of the dwelling units, 28 units will be affordable to very -low income households and the remaining 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 6.15.8 (First Phase Development Density). Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed -use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved.

The Project would be developed in one phase on an individual site with a maximum density of 113 units per acre. The Project provides a mixture of residential unit types that include 28 units of affordable housing to very -low- income households. The proposed density is above the required minimum of 22-23

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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.

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.

See finding LU 6.15.8 (First Phase Development Density) above.

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 notice on February 23, 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 May 24, 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 unless precluded by state or 22-24

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federal law. 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 more than 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 Charter Section 423 Findings:

1. The Project is the second General Plan Amendment in Statistical Area L4 within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 49 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.

2. The 49 additional dwelling units requested to be added to the base density result in a net increase of 18 a.m. peak hour trips and 19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11th 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 Project (less the density bonus and GPA units) is traffic neutral.

Therefore, the Project individually does not exceed the Greenlight thresholds.

3. There has been one other relevant GPA within Statistical Area L4 within the last 10 years, which resulted in an increase of 64 dwelling units at 1400 Bristol Street (PA2022-0296). Considering 80% of the prior amendments (80% of 64 dwelling units) results in 51 dwelling units. The Project includes a GPA for 49 dwelling units. Therefore, cumulative development of 80% of prior GPAs from the last 10 years coupled with the 22-25

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Project results in an increase of 100 dwelling units. In terms of peak hour trips, the prior GPA resulted in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips.

Considering 80% of the prior amendments result in 19 a.m. and 20 p.m. peak hour trips, respectively. Therefore, cumulative development of 80% of prior GPAs from the last 10 years coupled with the Project results in a change of 37 a.m. and 39 p.m. peak hour trips, respectively. 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.

4. Additionally, the City Council recently adopted Resolution No. 2024-51, amending the General Plan Land Use Element to Implement the General Plan Housing Element Implementation Program, to accommodate housing opportunity sites. However, because the Housing Element Implementation Program is not fully implemented, the City conducted the above referenced analysis without regard to recent actions taken by the City Council to implement the Housing Element.

Section 4: The AH1P, attached hereto as "Exhibit "C," 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, 28 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 Chapter 20.32 (Density Bonus) of the NBMC provide for an increase in the number of units above the 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 28 very -low-income units, which is 15% of the base unit count of 188 units makes the Project eligible for 94 additional units. Inclusive of all base units, density bonus units, and affordable units the total Project includes 282 units. 22-26

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3. In addition to the 94 density bonus units, 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 would result in identifiable, financially sufficient, and actual cost reductions. The Project includes a development concession for the proposed affordable unit mix that does not meet Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC.

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 would provide a higher percentage of affordable studio units and fewer affordable two -bedroom units and three -bedroom 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- and three -bedroom units and affording additional rental income for the project to ensure financial feasibility.

The Project includes a second development concession to waive a portion of the required in -lieu park fee for a half -acre park. 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 and qualified concessions, the Project is entitled under State Density Bonus Law and Section 20.32.080 (Waivers or Reduction 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 a 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 2.49-acre Property is too small to feasibly accommodate a half -acre park. b. Residential density. General Plan Land Use Policy LU 6.15.7 and the Newport Place Planned Community (PC-11) require residential density between 30-50 dwelling units per acre. Inclusive of only the conversion units, the proposed density of 55.8 dwelling units per acre would exceed the maximum density of 50 dwelling units per acre. Including the GPA request that would increase the base density by 49 units, conversion units, and density bonus units, the Project would not comply 22-27

Resolution No. 2024-

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at a density of 113 dwelling units per acre and a waiver is necessary to implement the project.
c. 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 282 residential units within seven stories. The Project is anticipated to have a height of 100 feet from established grade.

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 1600 Dove Street Residences Revised Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated August 14, 2023, attached hereto as Exhibit "D" 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 findings 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.
22-28

Resolution No. 2024-

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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:

1. The Project is anticipated to be completed by the end of 2029, within the 60-month criteria. Therefore, the Traffic Study addresses the entire project development.

2. The Traffic Study provides an evaluation of morning and evening peak hours at 14 existing intersections that are located in the City and the adjoining City of Irvine.

3. The Project is projected to generate an additional (i.e. net increase of) 622 daily trips, including 12 peak a.m. trips and 22 peak p.m. 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.

Finding of Consistengy 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.
22-29

Resolution No. 2024-

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Section 6: Environmental Impact Report Addendum No. 9 was prepared for the Project in compliance with CEQA set forth in California Public Resources Code Section 21000 et seq.; CEQA's implementing regulations set forth in California Code of Regulations ("CCR') Title 14, Division 6, Chapter 3 ("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 2008-2014 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 2008-2014 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, 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 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 8: 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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Resolution No. 2024-

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Section 9: 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 27th day of August, 2024.

Will O'Neill
Mayor
ATTEST:

Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
lxz-
Aaron A. Harp
City tt rney
Attachments: Exhibit A — Legal Description
Exhibit B — General Plan Amendment (PA2022-0297)
Exhibit C -- Affordable Housing Implementation Plan (PA2022-0297) Exhibit D — Traffic Study (PA2022-0297)
Exhibit E — Conditions of Approval (PA2022-0297)
22-31

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:

EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 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 OR THE PURPOSE OF

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

OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
22-32

Exhibit "B"
General Plan Amendment (PA2022-0297)
22-33

Anomaly Statistical Land Use Development
Number Area Designation uma (so Development Limit Other Additional Information 139 dwelling units were converted
from one existing office building
12 L4 MU-1-12 457,880 49 Dwelling Units totaling 60.675 square feet consistent with LU 6.15.5 and 49 units were
added through a GPA at 1600 Dove
5treet(PA2022-0297)
22-34

Exhibit "C"
Affordable Housing Implementation Plan (PA2022-0297)
22-35

1600 DOVE STREET

AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS

APPLICATION
APRIL 22, 2024
Prepared by
Springbrook I, al
Realty Advisors, Inc.
22-36

1600 DOVE STREET

AFFORDABLE HO USING IMPLEMENTA TION PLAN AND DENSITY BONUS

APPLICATION
APRIL 22, 2024
Project Description & Affordability Level
The Picerne Group ("Picerne") is proposing the 1600 Dove Street development ("Project") on a

2.49 acre site located in the Newport Place Planned Community ("Property"). The site is generally bounded by Dove Street on the South, low rise retail buildings and surface parking on the North, an apartment community under construction on the West side and a parking structure on the East Side. The Newport Beach General Plan designates the project site as Mixed Use Horizontal 2 ("MU-112") and the zoning is Planned Community 11 ("PC-1 I"). The site is situated in the Residential Overlay within PC-11. A General Plan Amendment to designate additional density (i. e., 49 additional "base" units) allocated to the Airport Area (Statistical Area L4) is proposed as part of the overall project application. The site is currently developed as a 1970's era four story office building with surface parking.

The Project is planned to consist of 282 units including 188 base units and 94 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 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 29 units (15% of 188 base units).

Eligibility for Density Bonus and Compliance with Newport Place Development Standards Affordability Requirements
Picerne will be providing 29 units (15% of base units) affordable to Very Low Income households. 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 Section 50053 ("HSC Section 50053"), as required by Government Code Section 65915(c)(1).
1 22-37

1600 Dove Street Affordable Housing Plan
April 22, 2024
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
Unitg BA&A 033 Bxl tfrr Nonreaw.cmtial U
139
Additlunal Units PcT."a%W Gen.ml Plan
A mo ndrnt tl
49 Ira M= Unh
189
a islt r. tt�aa i1 .. _
94 TOM[ Units ft-r nitbratl
2,92
Picerne intends to operate the Project as a rental community. The 29 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 1600 Dove Street 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: one 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 street parking. 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 without a vote of the electorate. 2 22-38

1600 Dove Street Affordable Housing Plan
April 22, 2024
Picerne requests that parking requirements be calculated in accordance with Government Code Sec. 65915(p). A table comparing parking requirements in accordance with Government Code Sec. 65915(p) with parking to be provided by the project will be provided in conjunction with a future Major Site Development Review application.

Development Incentives Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City's Zoning Code, Picerne is entitled to three incentives or concessions 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 29 Very Low Income units be provided utilizing unit mixes which differ from the overall unit mixes for the project. A table summarizing the Very Low Income units by bedroom count will be provided in conjunction with the future Major Site Development Review application.

2. Picerne is requesting a partial reduction of the park in -lieu fee referenced in General Plan Policy LU 6-15.13 and in Section 19.52 of the City's Subdivision Code.

These incentives will result in actual and identifiable cost reductions which will provide for the affordable rents to be set in accordance with Government Code Sec. 65915(c). Picerne reserves the right to utilize its remaining concession or incentive should such become necessary at a future date.

Development Standards Waiver Request
Government Code Sec. 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 proj ect at the density permitted under the density bonus statute.

The only exceptions to this prohibition are if the development standards waiver would have an unmitigable 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. The Project is eligible for an unlimited amount of waivers to development standards that would have the effect of physically precluding the construction of the Project at the desired density. For the proposed project, Picerne is requesting the following development standard waivers;
22-39

1600 Dove Street Affordable Housing Plan
April 22, 2024
I . 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 2.49 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. Picerne therefore requests waiver of the General Plan Policy LU 16-15.13 public park dedication requirement.

2. PC-11 Development Standards Deviation (Building Height): PC-11 development standards limit building heights in the Residential Overlay Zone to 55 feet. Given the constraints imposed by the street setbacks and the utilities required to serve the Property, imposition of the 55-foot height limit would physically preclude the development of the proposed 282 dwelling units. The proposed building height is 100 feet.

General Plan Land Use Policy 6.15.7 and Part III, Section Il of the PC-11 zoning regulations prescribes a residential density range of 30-50 dwelling units per acre ("du/ac") for projects in the Residential Overlay. The Project proposes 188 base units on a 2.49 net acre parcel, which equates to a base density of 76 du/ac. Applicant requests a waiver from the maximum base density standards under LU Policy 6.15.7 and the PC- 11 zoning regulations in order to construct the Project at the base density sought.

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. Pieerne reserves the right to request additional development standards waivers in conjunction with its future Major Site Development Review application.

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. Table 4 below shows the maximum income limits as determined by the U.S. Department of Housing and Urban Development and the California Department of Housing and Community Development ("HCD") for Lower Income Households with household sizes appropriate for the 1600 Dove Street project:

Table 4
Maximum Income Limits
.
i
1 Perm
$50,250
2 Persnn
57,400
3 Porson
64,600
4 Ptrsnn.
71,750
5 Person
77,500
4 22-40

1600 Dove StreetAffordable Housing Plan
April 22, 2024
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, two -bedroom, and potentially three -bedroom apartment homes. These income limits are updated annually.

The 29 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, consistent with the income limits set for Orange County, issued by the Department of Housing and Community Development on June 6, 2023. These income limits are updated annually.

Households qualifying to live in the project could include those containing 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 j obs, or second j obs may affect eligibility, the income limits in Table 4 are reflective of pay to many public or health care sector workers, as shown in Table 5 below:

Table 5
Examples of Qualifying Salaries
Position
Equipment Mechanic I
Police Dispatcher
Utilities Specialist
Clinical Support Tech I - Irvine OR
Licensed Vocational Nurse (LVN) - HHH Home Health
Newport -Mesa Unified School District ("NMUSD')
Teacher
Campus Safety Facilitator 439-24
Information Technology Technician i#35-24
Pay Range
Source Comments
$53,932479,586
City May qualify for Very Low Income units
depending on household size
$63,379-$93,650
City May qualify for Very Low Income units
depending on household size
$56,994484,220
City May qualify for Very Low Income units
depencng on household size
$39,686-$60,985
Hoag May qualify for Very Low Income units
$53,144-$81,681
Hoag May qualify for Very Low income units
depending on household size
$67,116-$75,497
NMUSD Credentialed teacher with no advanced
education and up to 4 years expereience
may qualify for Very Low Income units.
$47,831-$58,139
NMUSD May qualify for Very Low Income units
$56,867-$69,120
NMUSD May qualify for Very Low Income units
The pay ranges shown above are as of 2023 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 1600 Dove Street. 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.
5 22-41

1600 Dove Street Affordable Housing Plan
April 22, 2024
Rental Rate Limits for Affordable Homes
The 29 Very -Low -Income Units shall be rented at an affordable rent calculated in accordance with the provisions of HSC Section 50053, Government Code Section 65915(c)(1)(B)(i) requires that rents for units qualifying a project for a density bonus be set in accordance with HSC Section 50053. Accordingly, the gross rental payment for a Very -Low -Income unit is calculated based on 50% of Median Income which results in lower rents than those set using the applicable income limits in areas qualifying for the high -cost area adjustment. Additionally, HSC Section 50053 limits affordable rent to 30% of total income for a Very -Low -Income -household, as calculated in Table 6 below. 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, a two -bedroom unit assumes a three -person household and a three -bedroom unit assumes a four - person household.

The calculated rents are then adjusted by a utility allowance as determined annually by the County of Orange Housing & Community Services Department. As of October 1, 2023, the reduction for the utility allowance is $149.00 per month for a studio unit, $163, 00 per month for a one -bedroom unit, $215.00 per month for a two -bedroom unit and $277.00 per month for a three -bedroom unit.

The utility allowance assumes gas cooking, gas space heating, gas water heating, as well as electricity, air conditioning, water, sewer, and trash fees to be paid by the tenant.

The maximum monthly rent payments for 2023/24 are calculated in accordance with HSC Section 50053 and shown in Table 6 below:

Table 6
Maximum Rents by Bedroom Count
Studio
$50,250
$89,450
$44,725
$1,118
$149
$969
1 Bedroom
57,400
102,250
51,125
1,278
163
1,115
2 Bedroom
64,600
115,000

57.500
1,438
215
1,223
3 Bedroom
71,750
127,800
63,900
1,598
277
1,321
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 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 configurations, utility allowances, and any changes in applicable regulations and statutes.

1.1 22-42

1600 Dove Street A.ffotciable Musing flan
April 22, 2024
Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the 1600 Dove Street project 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.

VA
22-43

Exhibit "D"
Traffic Sturdy (PA2022-0297)
Appendices available separately due to bulk at:
www.newportbeachca.gov/cega
22-44

Traffic Engineering • Transportation Planning • Parking • Noise & Vibration Air Quality • Global Climate Change 9 Health Risk Assessment

1600 DOVE STREET RESIDENCES

REVISED TRAFFIC IMPACT ANALYSIS
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
City of Newport Beach
August 14, 2023
Project No. 19615
22-46

TABLE OF CONTENTS

EXECUTIVE SUMMARY
................................................ IV

1. INTRODUCTION.................................................................................................................................................... I ProjectDescription..........................................................................................................................................................1 StudyArea.........................................................................................................................................................................1 AnalysisScenarios.............................................................................................................................. ....................1

2. METHODOLOGY...................................................................................................................................................5 Traffic Phasing Ordinance Analytical Methodology (Nan-CEQA)......................................................................5 Intersection Capacity Utilization Methodology...........................................................................................5 PerformanceStandards....................................................................................................................---...............5 Substantial Operational Deficiency Criteria..................................................................................................6 Cumulative and General Plan Analytical Methodology (CEQA)..........................................................................6 Thresholds of Significance for General Plan FIR Addendum .................... ........... ___ ............................. 6 Vehicle Miles Traveled Analytical Methodology (CEQA)......................................................................................6

3. EXISTING CONDITIONS
7 ExistingRoadway System...........................................................................................7 PedestrianFacilities ....... ...................................................................................................... ....................... _.................. 7 BicycleRoutes..................................................................................................................................................................7 TransitFacilities.......................................•---.....-----...........---................................................---------....................................7 GeneralPlan Context......................................................................................................................................................7 ExistingTraffic Volumes................................................................................................................................................7 ExistingIntersection 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 TPOYear 2029 Volume Forecasts.......................................................................................................................... 25

6. TPO ANALYSIS.....................................................................................................................................................30 TPO Year 2029 One -Percent Threshold Analysis...............................................................................................30 TPOImpact Assessment............................................................................................................................................. 30

7. CEQA ANALYSIS..................................................................................................................................................33 CumulativeProjects................................................................................................................................. ................33 CEQA Year 2029 Without Project Volume Forecasts.......................................................................................33 CEQA Year 2029 Wth Project Volume Forecasts..............................................................................................33 CEQA Year 2029 Impact Assessment.......... ........................... ...... ........ __ ........ ___ ........ ........... ....................... 33

8. GENERAL PLAN COMPARISON ANALYSIS.................................................................................................44 General Plan 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 1600 Dove Street Residences
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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...
........... 53
SiteAccess................................................................................................................ ............................... 53

11. VEHICLE MILES TRAVELED (VMT) .................................................................................................................54 Background....--••---•--••----•...................................................... ,........... .. 54 VMT Assessment and Screening--........................................................................................................................ 54

12.CONCLUSIONS....................................................................................................................................................55 ProjectTrip Generation...........................................................................•............... ___ .................................... ..... 55 TPOImpact Analysis.......................................................................................................••---------•---•--........................... 55 CEQAYear 2029 Impact Analysis..........................................................................................•---•--------.............•--•-... 55 CEQA General Plan Comparison Impact Analysis............................................................................._................ 55 VMT Screening (Informational Purposes Only).................................................................................................... 55 Congestion Management Program.......................................................................................................................... 55 SiteAccess 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.

Exisfing (2022) Intersection Levels of Service.............................................................................................9 Table 2,
Project Trip Generation................•-................................. .............................................................................18 Table 3.

TPO One -Percent Threshold Analysis Summary........ ............................................................ ................. 31 Table 4.

TPO Year 2029 Intersection Levels of Service and Impact Assessment...........................................32 Table 5.

Cumulative Projects Trip Generation.......................................................................................................... 34 Table 6.

CEQA Year 2029 Intersection Levels of Service and Impact Assessment ........................................ 36 Table 7.

General Plan Comparison Trip Generation................................................................................................ 46 Table 8.

Genera4 Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment.................................................................................................................... 47 LIST OF FIGURES
Figure1. Project Location Map...............................................•----....---...-•------..................................................---...............3 Figure 2. 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 Figure 7. City of Newport Beach General Plan Roadway Cross-Sections.......................................................... 14 1600 Dave Street Residences
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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 Residential................................................................21 Figure 13.

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

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

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

TPO Year 2029 Without Project AM Peak Hour Intersection Turning Movement Volumes............................................................................................................................................................... 26 Figure 17.

TPO Year 2029 Without Project PM Peak Hour Intersection Turning Movement Volumes............................................................................................................................................................... 27 Figure 18.

TPO Year 2029 With Project AM Peak Hour Intersection Turning Movement Volumes.............28 Figure 19.

TPO Year 2029 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 2029 Without Project AM Peak Hour Intersection Turning Movement Volumes.....................................................................................................................40 ..........................................

Figure 24.

CEQA Year 2029 Without Project PM Peak Hour Intersection Turning Movement Volumes...............................................................................................................................................................41 Figure 25,
CFQA Year 2029 With Project AM Peak Hour Wersection Turning Movement Volumes............................................................................................................................................................... 42 Figure 26,
CEQA Year 2029 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 Genera# Plan Buildout With Project PM Peak Hour Intersection Turning MovementVolumes.........................................................................................................................................51 gmddh
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EXECUTIVE SUMMARY
The purpose of this study is to evaluate the potential for transportation impacts resulting from development 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 an traffic operations in accordance with the City's Traffic Phasing Ordinance FPO) 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 2029 (one year after project opening).

For CFQA 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 2029 cumulative and Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (ElR).

Project Description
The 2.49-acre project site is addressed at 1600 Dave Street, located at the northeast corner of Dove Street and Dolphin Striker Way, in the City of Newport Beach, California. The project site is currently developed with an existing 60,675 square foot four-story office building and surface level parking lot.

The proposed project involves demolition of the existing office building and construction of a new seven - story apartment building comprised of 282 residential units, podium level amenity space, a leasing office, roof- top common space, and approximately 530 parking spaces within an on -grade parking garage with two and a half subterranean levels. Vehicular access is proposed to be maintained via existing driveways at Dove Street and Dolphin Striker Way. The proposed project is anticipated to be fully operational by year 2028.

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 658 daily trips, including 92 trips during the AM peak hour and 88 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour and 110 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 622 net new daily trips, including 12 net new trips during the AM peak hour and 22 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 F 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 2029 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 CFQA Year 2029 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 Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required.

VMT Screening (In[ormationol Purposes Only)
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 (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 via existing driveways at Dove Street and Dolphin Striker Way.

The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access, Based on review of the adjacent development and lane configurations along Dove Street and Doiphin Striker Way, the existing lane configurations are anticipated to provide adequate circulation. The final parking and circulation will be reviewed and approved by the City of Newport Beach. g3lddh 1600 Dove Street Residences
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1. INTRODUCTION
This section describes the project location, project description, study area, and analysis scenarios.

PROJECT DESCRIPTION
The 2.49-acre project site is addressed at 1600 Dove Street, located at the northeast corner of Dove Street and Dolphin Striker Way, in the City of Newport Beach, California. The project site is curren0y developed with an existing 60,675 square foot four-story office building and surface level parking lot. Figure 1 shows the project location map.

The proposed project involves demolition of the existing office bui}ding and construction of a new seven - story apartment building comprised of 282 residential units, podium level amenity space, a (easing office, roof- top common space, and approximately 530 parking spaces within an on -grade parking garage with two and a half subterranean levels. Vehicular access is proposed to be maintained via existing driveways at Dove Street and Dolphin Striker Way, The proposed project is anticipated to be fully operational by year 2028. Figure 2 illustrates the project site plan.

STUDY 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

1. MacArthur Boulevard (NS) at Newport Place Dr/Van Karman Avenue (EW) Newport Beach

8. MacArthur Boulevard (NS) at Jamboree Road (EW)
Newport Beach/Irvine

9. MacArthur Boulevard (NS) at Bison Avenue (EW)
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 Eastbiuff Drive/University Drive (EW) I Newport Beach

14. Van Karman Avenue (NS) at Campus Drive (EW)
I Newport Beach/Irvine

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 2029 Without Project; and
c) TPO Year 2029 With Project
(NS) = North -South roadway; (EW) — East-West roadway
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Additionally, this study also evaluates the following analysis scenarios in support of the project's proposed cumulative CEQA analysis:
d) CEQA Year 2029 Without Project;
e) CEQA Year 2029 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 (FIR):
f) General Plan Comparison: Post 2030 General Plan Buiidout Without Project; and g) General Plan Comparison: Post 2030 General Plan Buildout With Project. 9:nddh
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Legend
QStudy Intersection
Figure 1
Project location Map
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VEHICULAR ENTRY
d
0 C
rn
W
n/V
g3ldil

RESIDENTIAL APARTMENTS
VEHfCULAR ENTRY
0--
DOLPHIN' STR�K�ER WAYf
4 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 Methodology
In accordance with City of Newport Beach requirements, level 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

0.60 to 0.70 to 0.80to_ 0.90 to 1.00
Source: Transportation Research Board, Interim Materials on Highway Capacity, Transportation Research Circular Na. 212, January 1980.

Level of service is used to qualitatively describe the performance of a roadway facility, ranging from Leve! 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 system, 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; and ■ Any intersections in the City of Corona Del Mar.

Substantial Operational Deficiencv Criteria
In accordance with the City's TPO, the following criteria are used to determine if a proposed project wiJ 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 2029 cumulative and Post 2030 General Plan Buildout 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 FIR based on the proposed project.

Thresholds of Significance for General Plan EIR Addendum Year 2029 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 DR, 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 WIT). 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. 1600 Dove Street Residences
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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 lane 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 not provided in the project area along Dove Street or Dolphin Striker Way.

Dove Street adjacent to the project site does not have bikeway classification. Roadways that provide on -street bicycle facilities near the project site include Bristol Street North, Bristol Street South, Birch Street, and intermittent areas of Jamboree Road and Campus Drive.

TRANSIT FACILITIES
Figure 5 shows the existing transit routes available in the project vicinity. As shown on Figure 5, no Orange County Transportation Authority Routes service Dove Street adjacent to the project site.

GENERAL PLAN CONTEXT
Figure 6 shows the City of Newport Beach General Ran Master Plan of Streets and Highways roadway classifications map. This figure shows the nature and extent of arteria4 and collector highways that are needed to adequately serve the ultimate development depicted by the Land Use Element of the General Plan. The City of Newport Beach General Pian 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 four consecutive 15-minute periods have the highest combined volume. Count worksheets are provided in Appendix B.

Based on the projects application date, existing volume and Level of Service conditions were established for year 2022.

Figure 8 and Figure 9 show the Existing AM peak hour and PM peak hour intersection turning movement volumes.
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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/Cz
LOS-'
V/Cl
ms,

1. Campus Dr INS) at Bristol St North (EW)
TS
0,36
A

0.61 B

2. irvine Ave/Campus Dr (NS) at Bristol 5t South (EW)
TS

0.49 A

0.44 A

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

0.47 A
0,51
A

4. Birch 5t(NS) at Bristol St South (EW)
t',
0,34
A

0.35 A
S. MacArthur Blvd (NS) at Campus Dr (EW)4
TS

0.33 A

0.53 A

6. MacArthur Blvd (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
8, MacArthur Blvd INS) at Jamboree Rd (EW)`'
TS

0.37 A

0.45 A

9. MacArthur Blvd INS) at 13ison Ave (EW)
TS

0.38 A

0.41 A

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

0.48 A

0.49 A
11, Jamboree Rd (NS) at Bristol St North (EW)
TS

0.34 A

0.35 A

12. Jamboree Rd (NS) at Bristol St5outh (EW)
TS

0.58 A

0.60 A

13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS

0.54 A

0.57 A
14, Von Karman Ave (NS) at Campus Or (EW)4
TS

0.28 A

0.45 A
Notes:
(1) T5 = 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. g3ldliii
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IRVINE AVE
nC
DR
Campus Dr {NS)! Campus Dr (NS)!
Bristol51 N (EW) Bnslol5l 5 (EVV)
��ttt �. ttttt�
y
Birch 51 (NS)!
Bristol St N (EW)
Birch St (NS)I MacArthur Blvd (NS)!
Bristol St S (Ewj Campus or (EW}
�F
Pr
Litt r
n
u
Legend
Traffic Signal
#D #-Lane Divided Roadway
#U #-Lane Undivided Roadway
#A* -#-Lanes (One -Way)
Existing Lane
93-dii
D
4D
RTO Right Turn Overlap
F Free Right Turn Lane
SPLIT Split Signal Phasing
d De Facto Turn Lane
813
Q�
�P� 4D
6D 2
JO
8D 4D
4D\ 4D
Site 6D G
4D
4D
7D
1 4D
O ti
O
MacArthur Blvd (NS)!
Von Karman Ave (EVtry
�
MacArhur Bl}! vd {NS�
Birch $I (EM
4D
�
!�
6D
7D
4u
MacMhur Blvd (NS)!
MacArthur Blvd (NS)l
7D
Jamboree Rd (EW}
® '`
Bison Ave (EW)
'� Rra
r
r
6D
813
—'
F�
Jamhorea Rd (NSiI '
DR
Campus Dr {EW)
UNiVERStTY
60 40
F�
Jamboree Rd (NS)l
Jamboree Rd (NS)l
Bristol St N {EW)
Bristol St S (EW}
6°
��111
llll
�ttf�r
ittifw
FREE
Jamboree Rd (NS)1
Van Kerman Ave(NS)!
`\
7D m
a'90 AVE
6D L
6D
University Dr (EW)
�F
Campus or (EW)
,it'r
d1
`5tttr
8D
Figure 3
Existing Lane Geometry and Intersection Traffic Controls 1600 Dove Street Residences
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1 at
Legend
— Sidewalk
93-dii
--. oui S RIR�Wp`Y
Figure 4
Existing Pedestrian Facilities
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Local Routes 11 -991 ••^ IM••^ Matra ink StatloNnk Routes Brava Limped Stop Service � Rail Stations (400-499) 1500-5991
Ylenblry Ri JIlwr any
—m— communl(y Routes 1100-199) ®— City Shunie
OC Bps Transit Centers
o SANTAANASTATION
..
z LL
BOLSA m 1ST
m
GOLOENWEST no
�

TRANSPORTATION
CENTER w z
E
MCFADDEN K1 MCFADDEN 4 m
fp
4 mEDINGER ® z
1 f VVV m ,
m m`�!'.,
WESTMINSTER a
WARNER
m 4�0 ` • f
SLATER U m p ® rypG. u
M
w u w -KF-
7ALREfii .� MRCRR7HUR 2
7 MACARIHUR
QSUNFLOWER y........

I FOUNTAIN Fm
® VALLEY COSTA
MESA
w ® ADAMS 1.11
m E
d N ■
2 = 'V =
m 4 X
O
� m >

WILSON LL
m
HAMILTON 44
t=
w
ic ,ci 19TH
INJ
Source: Orange County Transportation Authority
BgLBOq
BARER ® ,2`/
5 Cq�p�
m � FE J�Rr
L�2F'PS e sl
?y D�
i uNIVEASfTy
J w
�tPy m
m

NEWPORT
BEACH
T
TRANSPAANSPORiA710N
ZPINVU5
Figure 5
Orange County Transportation Authority System Map
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Legend

ADOPTED INTERCHANGE
• PROPOSED INTERCHANGE

ROUTES REQUIRING
e=es FURTHER COORDINATION

0.75 Miles

COMMUTER ROADWAY
(TWO LANE UNDIVIDED)

3.24 M ilea

SECONDARY ROAD
(FOUR LANE UNDIVIDED)

16.88 Miles

SECONDARY
(NOT BUILT)

0.28 Mlles

PRIMARY ROAD
�• (FOUR LANE DIVIDED)

29.62 Mlles

PRIMARY ROAD
•••••• (NOT BUILT)

3.29 Miles

MAJOR ROAD
(SIX LANE DIVIDED)

30.64 Miles

EIGHT LANE ROAD
(DIVIDED)

2.81 Miles

SAN JOAQUIN HILLS
-• TRANSPORTATION CORRIDOR

5.31 Miles

ADOPTED FREEWAY
ROUTES

4.48 Miles

FUTURE FREEWAY

EXTENSION

0.75 Miles
Figure 6
Source: City of Newport Beach City of Newport Beach General Plan Master Plan of Streets and Highways 93-dini
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PRINCIPAL -144'
(8 Lanes Divided)
q
MAJOR -128'
(6 Lanes Divided)
q
PRIMARY - 104'
(4 Lanes Divided)
rL
Lane Lane Lane J, 4ane ��py
SECONDARY - 84'
(4 Lanes Undivided)
aLane,
Lane Lane Lane
COMMUTER - 60'
(2 Lanes Divided)
Figure 7
Source: City of Newport Beach City of Newport beach General Plan Roadway Cross -Sections 93-��1 1600 Dove Street Residences
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IRVINE AVZ
Campus Dr (NS)l
Campus Or (NS)i
Bristol St N (EW(
Bristol St S (£Nd)
N�
'-167
��
N N
—858
v co
.1
,r252
`5 T
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vrn
453�,
�r
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Bristol St N (EVV
orn "-149
--1161
,1 -3+60
11 rov
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Birch St (NS)f
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6ristoi SI S (EWI
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Dr (EW)
m�
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,r 21
496�
t f
254�
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194,
N N
37�r
m
Legend
QStudy Intersection
MacArthur Blvd (NS)1
MacArthur NO (NS)/
BNch St (EM
Von Karmen
Ave (EW)
wo
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t30
rn
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oLO
rvv
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Mm
MacArthur Blvd (NS)l
MacArthur
Blvd (NS)!
Jamboree Rd (EW)
Bison Ave (EW)
rn
152
^
'-40
C' (D
� M,n
—747
cm
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,r-333
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r�
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r t2 cN Y-194
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58-A 1 `5 t t`
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31co
Jamboree Rd (NS)l
Jamboree Rd (NS)I
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a~i C-4
ni
J 1
l
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t P
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380 -►
rn co
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T -
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rr`n
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32-).

M-
39-X
c,
Figure 8
Existing AM Peak Hour Intersection Turning Movement Volumes 1600 Dove Street Residences
Traffic Impact Analysis
15 19615
22-66

Site
C
M
N
1RVINE q VZ
MacArthur Blvd {NS)!
MacArthurBlvd (NS)!
Birch Sr (EWj
Van Karmen
Ave (EW)
m Cn
149
co
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uu') rY,
—263
ram, uNi ch
—36
.l S.
01-62
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rr409
252
64}
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manin~i
87�
25 127�r
vN
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Jamboree Rd (EN
MNN '�88
n n 2 —828

1. ,-357
179 - `1 t P
752 co
55 �r o co 0
N M M
MauMhur Blvd {NS)1
Bison Ave (EW)
`0 67
N N
COS —104
j r135
165�
102
1297 rrn
Campus Or (NS)! Campus Dr (NS)f Jamboree Rd (NS)/
Bnslol 51 N (EW) Edstal St S (E" campus Dr (EW)
M u') "-107 a Cl) litAVERSITY DR Lo r o '--251
as 1697 m cor �-274
r l r278 k. ,l 1 ` rl18
435158--`
N r^n 822—� rn� 255— U13EN
rein 485- mN 82� tl r
Birch 51 (NS)1� v Jamboree Rd (NS)! Jamboree Rd (NS)1
Brstol S1 N (EW) Bristol SI N (EW) Bristol St 5 (EW)
�- '`110 N M
rLn c`".i —1537 OQ" rn n ti
J ,r 370
J
Ti? `mv I `l t r 513 -' t r
rt y Mr--0 686— ()N
N !�� 0w 1086-4 on
Birch 51(NS)! MacArthur Blvd (NS)f ~ Jamboree Rd (NS)! Von Kerman Ave 5)1 Bristol St S (EM Campus Dr (F" university Dr (FM Campus ❑r (EW) "137 m o-'o ti122 c, L77
.1 MtoEO +-625 'ro —106 rvacNfl —332
t ~. + r $ k r35 e/soNavE \ 1 ,r228 .r 1 �. r16
202-' I r' 262271 -1 t P 128-- `1 T r
903: ► Nn 221 ,a�°7 100MDN 252— CNN
1111 NN 4612-X LoM 38-14 v
Le end
Study Intersection
g3o-diii
Figure 9
Existing PM Peak Hour Intersection Turning Movement Volumes 1600 Dove Street Residences
Traffic Impact Analysis
16 19615
22-67

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 (11th 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 658 daily trips, including 92 trips during the AM peak hour and 88 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour and 110 trips during the PM peak hour. Therefore, the proposed project is forecast to resuit in a net increase of approximately 622 net new daily trips, including 12 net new trips during the AM peak hour and 22 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.
93lddil 1600 Dove Street Residences
Revised Traffic Impact Analysis
17 19615
22-68

Table 2
Project Trip Generation
Trlp Generation Rates
Land Use
Sources
Unf
AM Peak Hour
PM Peak Hour
Daily
% In
% Out
Rate
% In
% Out
Rate
General Office Building
ITF 710
TSF
88%
12%

1.52 17%
83%

1.44 10.84
Multifamily Housing (Mid -Rise)
ITE 221
DU
23%
77%

0.37 61%
39%

0.39 4.54
Trips Generated
Land Use
Quantlty
Unit'-
AM Peak Hour
PM Peak Hour
Daily
In
Out
Total
In
Out
Total
Fxisbng
General Office Building

60.675
TSF
81 11
92 15
73 8B
65B
Proposed
Multifamily Housing (Mid -Rise)
282
DU
1 25
79 104
68 1 42
110
1,280

NET PROJECT TRIPS GENERATED
56177
68 +12
1 +53
1 -31
+22
+622
Notes:
(1) ITE - Institute of Transportation Engineers Trip Generation Monuaf (11th Edition, 2021); ### - Land Use Code (2) TSF = Thousand Square Feet (Gross Floor Area); DU = Dwelling Units 'sE
1600 Dove Street Residences
Traffic Impact Analysis
19615
22-69

Legend
-d*-10% Percent From Project
5%
Figure 10
Project Outbound Trip Distribution - Existing General Office Building 1600 Dove Street Residences
Traffic Impact Analysis
19 19615
22-70

Legend
,d*-10% Percent To Project
Figure 11
Project Inbound Trip Distribution - Existing General Office Building 1600 Dove Street Residences
Traffic Impact Analysis
20 19615
22-71

Legend
-011l-10% Percent From Project
Figure 12
Project Outbound Trip Distribution - Proposed Residential ql1��_, 1b00 Dove Street Residences
�� Traffic Impact Analysis
21 19615
22-72

Legend
-0-10% Percent To Project
gMdJH
Figure 13
Project Inbound Trip Distribution - Proposed Residential 1600 Dove Street Residences
Traffic Impact Aikalysis
22 19615
22-73

AvE
Campus Ur (NS)l
Campus Dr {NS)1
Brstol St N (E"
Bristol St 5 (lzm
W-0
00 +-14
00 J� ro
AW
0:�
tr
0a
_11
00 i
Birch St (NS)l
Bristol St N (EW)
V 0 'I--2
'0
�t
O N
N
Birch St (NS)1
MacArthur Blvd (NS)l
Bristol 5t S (EM
Campus Or (EW)
'` 0
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o?co, —0
lL
.1�L r0
-11'r
tP
Q�I
' tP
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fly
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r
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Legend
QStudy Intersection
g311-dfii
Site C
�
3 G
MacArthur Blvd (NS)l
MacMhurBlvd {NS)1
rift
Birch St (EV4
Von Korman Ave (EW)
w-0
%t-0
04 NMo —0
Too --3
.1LL r0
W jL pro
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1 7-$ '1 1'
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0-► 0rn0
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i 1
31 MacArthur Blvd (NS)l
MacArthur Blvd (NS)I
Jamboree Rd (EW)
Sison Ave (EVI)
-6
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ocooJ*-D
-0
r0
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o�,
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UNIVERSITY
Jamboree Rd (NS)l
Campus Dr (EVJ)
'1- 0
CD 0 —0
d�L r0
10 0� Dino
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Jamboree Rd (NS)l
Jamboree Rd (NS)l
Bristol St N (Eq
965101 St S (Fq
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Q�
1r
C? 0
4—
0 0
37 T
Jamboree Rd (NS)1
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`\
University Cr (EVVI
Campus Dr (<=VVj
m
BIS0NAVE a
0rQ0 �o
J �' 0-0
0`?0 4-0
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0� �10
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0— a0o
0� 0v�0
0-4 r
0,,
Figure 14
Project (Net)
AM Peak Hour Intersection Turning Movement Volumes
1600 Bove Street Residences
Traffic Impact Analysis
23 19615
22-74

Site
N
-i

IRVINEAVE
Campus Dr (NS)l
Campus Dr (NE)1
Bristol SI N (EW)
Bo5tol St 5 (EM
La
00 6
QO
j
t
0-�
r r
00 11
00 0-14
Birch St (NS)l
Bristol St N (EW)
L6
to co .-0 `
J r0 t�
J�
CS N Co
Birch St (NS)l MacArthur Blvd (NS)l
Bristol St S (EM Campus Dr (EW)

1.-0
Ov10 �0
'd ,r04
a'i I P
ora
AVE
uN1VERs
60 MacMhur Blvd (NS)1
MacArthur Blvd (NS)l
Birch St (EW)
Van Karman Ave (EW)
L0
L 0
tpMO --0
J 1 �. rr0
m�� —g
.? r0
Aft-
1�r
�tr
�tr
0�
0�
ONO—►
-14�
NOO
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Bison Ave (EW)
15 L?I O —0
0 LD
OAS? �a
J V fr0
,1 l 1. rr0
2} �1r
0-,
�1r
0- oils
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ovO
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Jamhoree Rd (NS)!
��
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'-o
o,2ro --o
'd j 1 r0
r
0— 0OO
Jamboree Rd (NS)l
07 6 ree Rd {NS)l
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Bristol S1 S (EW)
o 'n
rn
� �
1 �1r
ate' tr
C1 N 0
2— UI1 O
-2�
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University or (EA
Campus Dr (EW)
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L0
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r0
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ate' �?r
ate'
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a� OrriO
a—
ONO
o-�,
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W 1 II NN\
La
end
Study Intersection
Figure 15
Project (Net)
PM Peak Hour Intersection Turning Movement Volumes
93-diii
1600 Dove Street Residences
Traffic Impact Analysis
2q 19615
22-75

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 NEW PORT 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 developments 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
N Temple Bat Yahm Expansion
■ Hoag Hospital Phase III
■ St. Mark Presbyterian Church
■ 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 2029 along applicab#e 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 1.07 along arterials with counts conducted in 2022.

TPO YEAR 2029 VOLUME FORECASTS
TPO Year 2029 Without Project volume forecasts were developed by adding ambient growth and approved projects trips to existing volumes. TPO Year 2029 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 16 and Figure 17.

TPO Year 2029 With Project volume forecasts were developed by adding project -generated trips to TPO Year 2029 Without Project volumes. TPO Year 2029 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 18 and Figure 19.
gxddi1600_'Dave 5kreet Residences
'1Revisevi5ed Traffic Impact Analysis
25 19615
22-76

VRVINEAVe
campus Dr (NS)l
Campus Dr (NS)l
Bristol St N (EW)
Bristol $t S (EM
rn .- 167
rn
n i r`°w —949
d co
.! 1 ,r267

1. 'i 1
687
I + r
1290—
vrn
453-1,
I-N
3irch St (NS)l
Bristol St N (EW)
m co "-160
— 1244
.1 ,r381 k
Jk
ao u� y
Birch Sl (NS)f
MacArthur Blvd (NS)f
Bristol St S (EW)
Campus ➢r (EW)
N co
,r V N '-65
��
P731N —170
496�`
900-•
194�
t 1'
�'�
NN
254�`
406�
37�
t P
vm�
v
Legend
Study Intersection
CVccoq
MacArthur Blvd (NS)l
MacArthur Blvd (NS)f
NBirch
SI (Ew)
Von Karman Ave (EW)
G �84
c000 '�30
Ntotto —125
�,or —59
,1 ,r 16
W l �. ,r 162
91 �'
191 —�
39 I �'
N ! ) O
r110LO
18�
m r.C]
2a c'vr-
MacArthur Blvd (NS)!
MacArthur Blvd (NS)1
Jamboree
Rd (EM
Bison Ave (EW)
Nov
�174
ti0
"40
N ch rp
+--915
rry
—93
,r397
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,r181
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i t r
8 0:
674—
rn v 0
moo
84� cY2 N °o
rrnr
152
Lon
67-, r�2
Jamboree Rd (NS)l
Campus Dr (EW)

UNIVERSITY DR
4Mr„
"-87
ICON
—194
r165
133—
omLO
33-,*%
rrn
Jamboree Rd (NS)I
Bristol St N (EWj
N N
M CO
�r rA
�l
Jamboree Rd (NS)l
Bristal Sl S (EW)
03 M
co
I
8 9 7- T r
1 r
co to
392 — v o
1239—x m
Jamboree Rd (NS)!
Von Karmen Ave (NS)f
\1
University Dr (EW)
Campus or (EA
mas
co 142
00 t 58
\\,r220
'(0 C~o —99
r2 LT +-197
J L ,e-31
AVE
3611 '1Tr
114-" `�tP
ccO
204Sr+mN
32—
-A CO
Figure 16
TPO Year 2029 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
26 19615
22-77

m MacArthur Blvd (NS)! MacArthur Blvd (NS)l
N Q4 Birch St (EW) Von Karman Ave (EW)
176 N L81
—275 vM TO'n —36
tRVINE avP�QiQ r62 J1L r421
� e�'�s � S264�` 't 64- �}
nn195— rnN
25- 127
0+
mN�'
MacArthur Blvd (NS)l MacArthurBlvd (NS)l
0� sj Jamboree Rd {EW) Bison Ave (EVJ)
(nr+un t101 vu�i �67
r.-N.r —9418 eOfm —108
J � L r400 'd or-141
206�` t P 170�r
933� N�ti 105-► °��
57� �+�� '131� �N
Campus Or (NS)l Campus Or (N5)! ' Jamboree Rd (NS)l
Brislal St N (EVV) Bristol St S (EM!) Campus Or (EW)
M� '�107 oN UNIVERSITY OR �.LoN '-251
aou� —1734 n- r5- �-274
jr281 jL JIL r123
# 4 r +
445�r I l� 159-x `S I
N rt 83C v rn 255 coo l` 00
�LO 485� tiN 94� rr
Birch St (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l
Bristol St N {EW) Bristc 4 St N (EW) Bristol St S (EW)
cnc7 �115 rna
CO 0
n N —1570 cD 00 co
J 1 ,e-372
J
603 --r t
LO NwM cor- -r-�N �� rnTrn 1112-x N
Birch St (NS)l MacArthur Blvd (NS)1 Jamboree Rd (NS)1 Van Karman Ave (NS)l Bristol St S (EW( Campus Or (EW) University Or (EVC Campus Dr (ENr) VN -�140 �� *-122 W0 '-81
aN n~7h20 —625 Mr2 —106 Nvccoo �335
L J L r35 $/soNAVE ,r235 10 +r16
202r t P 262-' `t t P 271 �' 1 t r 128"
927� M00 221� r'(D 100— co MN 258— ooarn
LO(O —ON -it 0rn VNN
111ti NN 46� eo 12--, eQM 38-% v
Legend
QStudy Intersection
g7diii
Figure 17
TPO Year 2029 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
27 19615
22-78

IRVINI= AV, -
Campus Or (NS)1
f Campus 9r (NS)1
Bristol St N (EW)
Bristol Sr S (EYM)
mr
�167
rn
N CM
—963
v ar`o
.1 1
r267
l L
`, 1
687"
t P
a 00
1279-�
yr
v rn
453 :,
!- N
Birch St (NS)i
Bristol St N (EW)
M " 15 8
r — 1244
d c-381
�k
Birch St (NS)f
MacArthur Blvd (NS)!
Bristol Sr S (EW)
Campus
6r (EW
Iq
rON
'-65
CO t°
C.,M N
�--170

1. .1 1.
r 21
485-
fi l'
254:
'1 r r'
9007
0 406-►
00 cm v
v�N
194�,
NN
37�
Legend
0 Study Intersection
MacArthur Blvd (NS)f
MecArthurBlvd (NS)!
Birch St (Eq
Von Karma
n Ave (EW)
co�v
�84
ocoOnr
'-30
cV cP cA
—125
rvrn
+-56
,?
162
98 21�r
`��'
191 ►
NQ�
41�
°�vn
39ti
51�,
MacArthur
Blvd (NS)1
MacArthur
Nvd (NS)1
Jamboree Rd (EW)
Bison Ave (EW)
'L168
c,
'-40
rC3iaNON
N c+)cc
+-915
r.-�
�93
.l 1.
r397
.1
r181
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80�r
674�
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152
67�,
f{

UNIVERSE
Jamboree Rd (NS)1
Campus Or (EW)
ornLO '--87
N m N —194
d } L r 185
saw' t`iTP
133— o[0-
33-, -Q,
Jamboree Rd (NS)1
Jamboree Rd (NS)!
Bristol SL N (EW)
Bristol St 5 (EM
m n
br
v co
ea
� �
1 1 r•
s97�' ?
,,N�
1242-�,
Jamboree Rd (NS)1
Van Kaiman Ave (NS)I
University Or (Effl
Campus
Cr (EW)
fl
Co�
"-142
L
58 \
coC4CND
—99
r220
mr°1'
JlS.
—197
r31
361-0
" 1 P
114"
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°QM�
204�
CN
32-
or
39-x
m
Figure 18
TPO Year 2029 With Project
AM Peak Hour intersection Turning Movement Volumes
2B
1600 Dove Street Residences
Traffic Impact Analysis
19615
22-79

IRVINEAVE
Campus Dr (NS)!
Bristol St N (EVV)
rrn "107
arm —1728
J �r281
� t
N rz
�t
U-j
Birch St (%)1 -_ I
Bristol St N (EVV)
oLO 't121
.nr`nr —1570
r372
TcN
n wrr
Campus Or (NS)1
Bristol St 5 (EM
r-
445 'c t P
-T
v 12
485-" ti N
Birch St (NS)l
MacArthur Blvd (NS)l
Bristol St 5 (Eq
Campus
Dr (EVV)
u,ro
'tN
M0
mr-SSO
t140
�625
,r35
2131
t r
262 -r
t l'
927
LID ED
221�
(0N
1i1-,k
NN
46 oo
Legend
0 Study Intersection
g3ldii
Site
G
a
MacArthur Blvd (NS)l
MacArthur Blvd (NS)/
Birch 5t (EVV)
Van Kerman
Ave (EVV)
N TH
'-176
1-81
*- m ro
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��
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� 39
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s -62
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vN
MacArthurBlvd(NS)!
MacArthur Blvd (NS)!
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Bison Ave (EVV)
�-CDLO
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UNIVERSITY DRr�N
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wf
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123
t
159-it
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255--►
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r
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i
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C
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rnu°'ito
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rorGD
—106
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1. -235
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o rn
v
�-�
00 CQ
-*
r
Figure 19
TPQ Year 2029 With Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
29 19615
22-80

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

TPO YEAR 2029 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, if 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:

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

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

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)
Y. 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)

TPO IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for TPO Year 2029 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 2029 Without and With Project conditions.

Table 4 also calculates the net change in ICU at the applicable study intersections for TPO Year 2029 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 resuit in no Level of Service impacts at the study intersections for TPO Year 2029 With Project conditions and no improvements are required.
' 1600 Dove Street Residences
g7ddloi
Revised Traffic Impact Analysis
30 19615
22-81

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

1. Campus Dr (NS) at Bristol St North (EW)
AM
No
No
No
Yes
PM
No
No
No
No
2, Irvine Ave/Campus Dr (INS) at Bristol 5tSouth (EW)
AM
No
No
No
No
PM
No
No
No
No

3. Birch 5t (NS) at Bristol St North (EW)
AM
No
Yes
No
No
PM
Yes
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 Bitch St (EW)
AM
No
No
Yes
Nc.

PM
No
Yes
No
No
7, MacArthur Blvd (NS) at Newport PI Dr/Von Korman Ave (EW) AM
No
No
Yes
No
PM
Yes
No
No
No

8. MacArthur Blvd (NS) at Jamboree Rd (EW)
AM
No
Yes
No
No
PM
No
No
No
Yes

9. MacArthur Blvd (NS) at Bison Ave (EW)
AM
No
No
No
No
PM
No
No
No
Nn

10. Jamboree Rd (NS) at Campus Dr (EW)
AM
Yes
No
No
:1Ju
PM
No
Yes
No
No

11. Jamboree Rd (NS) at Bristol St North (EW)
AM
No
No
No
No
PM
No
No
No
Nun

12. Jamboree Rd (NS) at Bristol St 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

14. Von Korman Ave (N5) at Campus 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. 31 1600 Dove Street Residences
Traffic Impact Analysis
19615
22-82

Table 4
TPO Year 2029 Intersection Levels of Service and Impact Assessment I❑ Study Intersection
Traffic
Control,
TPO Williout Project
TPO With Project
VIC Increase
Significant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
WC'
LOS'
V/c
LO53
V/C'
LOS-,
VJCa
LOSS
AM I
PM
1, Campus Dr (N5) at Bristol St North (EW)
TS

0.37 A

0.62 B

0.38 A

0.62 B
+0.01

0.00 No

3. Birch 5t INS) at Bristol St North (EW)
T5

0.49 A

0.52 A

0.48 A

0.52 A
-0.01
0,00
No
4, Birch 5t INS) at Bristol 5t South (EW)
TS

0.35 A
0,36
A

0.35 A

0.36 A

0.00 0.00
No
5, MacArthur Blvd (NS) at Campus Dr (EW)"
TS

0.34 A

0.55 A
0A4
A

0.55 A

0.00 0,00
No

6.MacArthur Blvd (NS)atBirch St(EW)
TS

0.32 A

0.42 A

0.32 A

0.42 A

0.00 0.00
No
7, MacArthur Blvd (NS) at Newport PI DOVon Karman Aye (EW) TS

0.34 A

0.38 A

0.34 A

0.37 A

0.00 -0.01
No
B. MacArthur PIVd (NS) at Jamboree Rd (EW)"
TS

0.42 A

0.51 0.43
A

0.51 A
'101

0.00 No

10. Jamboree Rd (NS) at Campus Dr (E%W
TS

0.51 A

0.52 A

0.51 1 A

0.52 A
OAD
O.00
No
Notes-
(1) TS - Traffic Sighal
(2) V/C = Volume/Capacity
{3) LOS = Level of Service
(4) Level of Service E i5 acceptabte; shared jurisdktion with City of Irvine. g:nJJK
32 1600 Dave Street Residence
Traffic Impact Analysis
19615
22-83

7. CEQA ANALYSIS
This section presents analysis of Year 2029 cumulative conditions. Detailed intersection Level of Service calculation worksheets for 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 cumulative 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 2029 WITHOUT PROJECT VOLUME FORECASTS
CEQA Year 2029 Without Project volume forecasts were developed by adding cumulative projects trips to TPO Year 2029 Without Project volumes. CEQA Year 2029 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 23 and Figure 24, CEQA YEAR 2029 WITH PROJECT VOLUME FORECASTS
CEQA Year 2029 With Project volume forecasts were developed by adding project trips to CEQA Year 2029 Without Project volumes. CEQA Year 2029 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 25 and Figure 26_
CEQA YEAR 2029 IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for CEQA Year 2029 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 0 or better during the peak hours for CEQA Year 2029 Without and With Project conditions.

Table 6 also calculates the net change in ICU at the applicable study intersections for CEQA Year 2029 With Project conditions. As shown in Table 6, the addition of projectgeneratedtrips 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 2029 With Project conditions and no new mitigation measures are required.
1600 dove Street Residences
,1 Reviser) Traffic Impart Analysis
33 19615
22-84

Table 5 (1 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM
Peak Hour
Project
In
Out
Total
In
Out
Total
ID
Project Name
Lard Usc
Quantity'
Dail
City of Newport Beach
Existing Use
NB1
1400 Bristol Street North
Residences
General Office

38.764 TSF
-31
57 26
46 -13
33 620
Proposed Use
Multifamily Housing (W-Rise)
229 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
NB4
Newport Beach Porsche
Auto Dealership
143.494 TSF
195
72 267
1391
208
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 Sipt0ohnson 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
NB6
Newport Village
Multifamily Housing (Mid -Rise)
108 DU
108
55 163
77 105
182
2,23E
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
63 Berths
NB7
Newport Coast
Multifamily Housing
564 DU
413
932
1,345
926
557
1,483
14,778
d
Single -Family Detached Residential
954 DU
g3-dJh
34 1600 Dove Street Residences
Traffic Impact Analysis
19615
22-85

Table 5 (2 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM Peak Hour
Project
In
Out
Total
In
Out
Total
ID
Project Name
Land Use
Quantity'
Daii
University of California, Irvine
UCI North Campus
Hospital
144 Beds
Hospital Project
526
163
689
202
520
722
8,550
UCI
Ambulatory Care
225.000 TSF
UCI North Campus Child
Health/Medical Office
Medical Office Building
168.000 TSF
331
79 410
162
414
576
5,531
City of Irvine
iRl
Volar Apartments
Multifamily Housing (Mid -Rise)
930 DU
79 265
344
221
1-1
362
4,222
IR2
Futures Academy
Private School

5.621 TSF
8 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
Eiement5 Phase 3
Strip Retail Plaza (<40k)

5.000 TSF
7 5
12 16
16 32
272
Coffee Donut Shop vvlo
Drive-Thru Window

2.730 TSF
130
125
255
44 44
68 1,393
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
Elements
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
4 201
241
179
Total
2,7711

2.4561
5,2271
2,557
2,9931
5,550

59.465
Sources:

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

ITE = Institute of Transportation Engineers Trip Generotion Monual (l lth Edition, 2021); ### — Land Use Code Notes:
(1) TSF = Thousand Square Feet; DU = Dwelling Units; ST — Students; EMP = Employees; RM = Rooms 35 1600 Dave Street Residences
Traffic Impact Analysis
19615
22-86

Table 6
CEQA Year 2029 Intersection Levels of Service and Impact Assessment ID Study ntersection
Traffic
Control"
CEQA Without Project
CEQA With Project
Vic Increase
significant
Impact?
AM Peal. Hour
PM Peak Huur
AM Peak Hour
PM Peak Haw
V/C2
LOS'
V!C`
L053
V/C2
L053
V/C,
LOSS
AM
PM

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

0.45E
A

0.676
B

0.460
A

0.675
B
+0.002
-0.001
No
2- Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
TS

0.545
A

0.476
A

0.544
A

0.498
A
-0.001
+0.002
No

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

0.514
A

0.536
A

0.506
A

0.535
A
-0.008
-0.001
No

4. Birch St (NS) at Bristol St South (EM
TS
0-361
A

0.364
A

0.262
A

0.36E
A
+0.001
+0.0o1
No
5_ MacArthur Blvd (NS) at Campus Dr (E1N)"
T5

0.445
A

0.676
B

0.447
A
0,676
B
+0,002
D.000
No

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

0.357
A

0.472
A

0.357
A

0.474
A
0,000
+0.002
No

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) T5

0.401
A

0.436
A

0.408
A
0,429
A
+0.007
-0.007
No
8, MacArthur Blvd INS) at Jamboree Rd (EW}4
TS

0.561
A
0,636
B

0.565
A
01635
B
+0.004
-0A01
N0

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

0.453
A

0.483
A

0.454
A.

0.484
A
+0.001
+0.001
No
to, Jamboree Rd (NS) at Campus Dr (EW)"
TS

0.582
A

0.629
B

0.581

0.628
B
-0.001

0.000
N0

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

0.394
A
0A39
A

0.393
A

0.429
A
-0.001

0.000
No

12. Jamboree Rd INS) at Bristol St South (EW)
TS
0,656
B

0.669
B

0.656
B

0.598
A

0.000
-0.071
No

13. Jamboree Rd INS) at Eastbluff Dr/University Dr (EW) TS

0.643
B
0,686
B

0.644
B

0.687
B
+0.001
+0.001
No

14. Von Karman Ave (N5) at Campus Dr (EW)"
TS
0,375
A

0.526
A

0.374
A

0.527
A
-0.001
+0,001
No
Notes:
(1) TS - Traffic 51gnal
(2) V/C - Volume/Capacity
(3) LOS = Lev6 of 5ervice
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. gndjh
36 1600 Dave Street Residences
Traffic impact Analysis
19615
22-87

egeod
Other Development (see Table 5):
• City of Irvine
• City of Newport Beach
Figure 20
Cumulative Projects Location Map
1600 Dove Street Residences
g:l,)djii
Traffic Impact Analysis
37 19615
22-88

of
m

IRVINE AVE
Campus Or(NS)f -
�( Campus Or{N5y!
Bfistal St N (Eq
I Bristol Sl S (EN!)
co
�fl
noiow
*-31
coo
Jl
AN
,rz
k
}L
1 zz�'
z
1 r
o� m
vn
cv
0�
MacArthur Blvd (NS(f
MacArthur Blvd (N5)!
Birch St (ENV)
Von Kerman Ave (EW)
ar
'-5
M
a0
o: f
+-15
ova
—0
rr0
J}L
rr49
0 `1 I r
55 cn
0�
oeno
co co
0ti
n
0�,
N
MacArthur Blvd (NS)!
MacArthur Blvd (NS)l
Jamboree Rd (EW)
Bison Ave (EVV)
�o
'_0
cbo o
—145
ono4o
—54
J L
r167
J } L
r6♦
145�
11 t 1•
0 276
19C,0
17�
4-4
04—
0�
c�

UNIVERSITY
Jamboree Rd (NS)l
Campus Or (EVJ)
"� '-24
00 r oo +--0
r
32 -0 `� t
�� rnmo
193� r
Birch St (N5)! Jamboree Rd (NS)I Jamboree Rd (NS)l
Bnstoi St N (EMl} Bristol St N {EVIL Brislol S1 S {EVdy o *-12 CDrn
f--24 QQ r? N coV
J} 0r31
42 a 1 r
o CO rnu74 6--+ vo
7 [n
(V� �.N 5 7 0'7
Birch 5[ (NS)l MacArthur Blvd (NS)l Jamboree Rd (NS)l Von Kerman Ava {NSy1 Bristol St S (EVO Campers Or {E147 University or (EA Campus Or (EW) 1CO fl o <Q t()
rnm n`ni0 —258 enN �0 oNo +-156
Id 11111, r43 `SONAVE \ J } L r30 J } L ,r0
35 I /' 115 (1 17 -0 '� t r 0}
22� ro 254M 0— oven 131—► �coC)
0-,%i m 51-,%
Legend
0 Study Intersection
Figure 21
Cumulative Projects
AM Peak Hour Intersection Turning Movement Volumes
93-dii 1b00 Dove Street Residences
Traffic Impact Analysis
38 19615
22-89

MacArthur Blvd (NS)l MacArthur Blvd (NS)I
N �° Birch St (EM Von Karmen Ave (EW(
a '�� 0 � 19 0 ►�0
p� ONr- —57 Ocri0 �0
�� .11L J1L
IRVIsz>< AVE r0 ,r87 eR.
s �P
T°< 0
ti 0-0
220o0OCfiD N
0�00 ISr� MacArthur Blvd (NS)7 MacArthur Blvd (NS)1
Jamhoree Rd (EW) Bison Ave (EW)
o ca I 'k-0 a)'t-0
r N o +-294 o o`V-, o --33
.11L r189
66t r
181 53— oocn
_7� rr 0� (V
Campus Dr (NS)f Campus Dr (NS)! Jamboree Rd (NS)1
Bristol St N (EW) Bristol St S (EW) Campus Ur (EW)
N r0i +LN L
O 11dNt ERSITY DR co 94
cvr w-73 ��:'con —0
Jl r-5 1L I pro
179-4
o 38— 0— CO
0 Birch St (NS)) Jamboree Rd (NS)f Jamboree Rd (NS)f
Brislal St N (EW( Bristol Sit N (EW) Bristol St S (EW)
0 M M
— 31
--6
J
T'it `mv '1t1' 21 t 7'
ON (� fO Ir 3— MO
�� N _4-14 N
Birch St (NS)l MacArthur BWd (NS)l T Jamboree Rd (NS)! Von Karman Ave (NS)! Bristol Sr S (Elyd) Campus Dr (EW) University Dr (EW) Campus Dr (EN) co ti0 m 0 '-0 %-0
pN0 r-252 O'nC, —d Ono —104
1 L A)1 L ,r51 eISpNAVE \ 1 1 L r63 d 1 L ,r0
15 � t P 35 �' `� t P 7 --' 1 t r 0--if '1 t t'
26 220� 0— ONE 121— "OO
0,Ln
4�, r 0� �+ 84�
Legend
Q Study Intersection
Figure 22
Cumulative Projects
PM Peak Hour Intersection Turning Movement Volumes
g3-i1600 have Street Residences
i Traffic Impact Analysis
39 19615
22-90

Legend
0 Study Intersection
Figure 23
CEQA Year 2029 Without Project
AM Peak Hour Intersection Turning Movement Volumes
g3p-dii 1600 Dove Street Residences
Traffic Impact Analysis
40 19615
22-91

Site
MacAdhurBlvd (NS)! MacMhurBlvd(NS)!
N � Birch St (EM Von Karmar Ave (EW)
T- 'b- 195 N t 81
�p mcom
cc —332 m000m —36
IRViNE41(e j r62 1 �. r508
'A��,rO 1221 V
Legend
0 Study Intersection
93-dii
Figure 24
CEQA Year 2029 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
41 19615
22-92

IRVINE AVZ
Campus Dr (NS)l
Campus Dr (NS)/
Bristol St N (EM
Bristol SI S (EVt1
CD
'� 167
N v
vr7
—994
ro
u7w
l
r269
l L
'i T
909 �"
P
C°C
1342�
mo
I 2
453�,
coN
Birch St (NS)l
Bristol St N (Eq
~n_v "-180
—1268 O�
Air412
w u� y
r 4Q
Birch St (NS)l
MacArthur Blvd (NS)i
Bristol SI S (E"
Campus
Dr (EW)
M cta
M—
rn v N
'-65
—428
�.

V)ocav
W
r 64
520
t i'
369
922
00 v
660-;
194-"
NN
37 Le end
Study Intersection
site
� MacArthur Blvd (NS)I MacArthur Blvd (NS)l
MacArthur Blvd (NS)l
MacArthur Blvd (NS)I
Jamboree Rd lFM
Bison Ave (EVV)
'-168
No
'-40
N Ic6
—1060
rNa
f-147
,1 l L
r564
d L
80�'
r187
425-0
t r
950�
MNrr]
W 0co
101�
CNN
rNoO
156�
Jamboree Rd (NS)l
Campus Pr (EM
I}NIVERSITYAR tir t111
�`pcn —194
J1L r185
r 4
133— Novi
226 -,, N
Jamboree Rd (NS)l
Jamboree Rd (NS)l
Bristol $I N (EN')
Bristol SI S (EVV)
04 N� 2I
O
� t
939T
mw�
402— rnN
��2-
1247-x N
Jamboree
Rd (NS)/
Von Karman
Ave (NS)l
�\
Unlvemily Dr (EVV)
I
Campus
Dr (EVV)
®
CO v
�
.�lL
'� 142
'99
,r250
M
`ram°c,rv)
J�L
t 58
—353
r31
AVE
378 --r
P
114 -4
+
90—
32-x
COQ7N
u'vN
335—
90-X
`nd"'
co nN, N
Figure 25
CEQA Year 2029 With Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
42 19615
4 Birch St (EVV)
Von Karman Ave (EVV)
Nroo +-1840
Fmrn —56
J�L riff
J�L r211
Qeo
21�
}
107�`
246� N�ran
41�
°'Mrrnn
39� ca
51�
r—v
22-93

q
C'1
D
Site G
r7Jt 7a

IRVINE A V,-
MacAdhur BW (NS)f
MacAdhur Blvd (NS)!
Birch St (EY4
Von Karmen
Ave (EVV)
rrorn
—332
CD COODr C`-Ji
—39

1. ,r62
,1 1 1,4
r-508
265
62�
`5tr
217—►
nr�iN
85—
c7°'ao
25�
113-
�N
MacArthur
Blvd (NS)!
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Blvd (NS)1
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Rd (ER
Bison Ave (EVt)
rM�
11-116
vcr)
'-67
rn
11242
00 of SO
—141
Al 1.
r589
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t
I I
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rN
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CO'� 107 WO CO UNNERSI DR ,r, °; a *—345
—1791 -M `T cV f `O —274
.t l Ar276 j S. ,1 1. ,r 123
t
F..I
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r
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vti
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u) N 1601
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J�
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MacAdhur Blvd (NS)I
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Dr (EVJ)
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yr
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I.
.l
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t P
297-$
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Le end
Study Intersection
AVE
Jamboree Rd (NS)!
Bristol St N (FVO
co
C,co
� l
Jamhoraa Rd (NRd (NS)f K
Bosinl St S (EVV)
M
Im_
#
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LO
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Ur (EVV)
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Dr (EW)
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Figure 26
CEQA Year 2029 With Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dave Street Resiciences
Traffic Impact Analysis
43 19615
22-94

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 Man Buildout traffic analysis with the proposed project. The Newport Beach Traffic Model (NBTM) TAZ 1383 was analyzed with 202,585 square feet of general office in the 2006 General Plan EIR. Since the project is constructing 282 multifamiSy housing dwelling units, the project is proposing 282 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 1383 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 AND TRIP DISTRIBUTION Table 7 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (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 far 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 1,280 additional daily trips, including 104 additional trips during the AM peak hour and 110 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 IMPACT ASSESSMENT
ICU and Levels of Service at the applicab4e 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:
gndjh
1b00 Qove Street Residences
Revised Traffic Impact Analysis
44 19615
22-95

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)

6. 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. grdJ101
45 1600 Dove Street Residences
Revised Traffic Impact Anaiysis
19615
22-96

Table 7
General Plan Comparison Trip Generation
Trip Generation Rates
Land Use
Source L
Unit
AM Peak Hour
PM Peak Hour
Daily
% In
% Out
Rate
% in
% Out
Rate
Multifamily Housing (Mid -Rise)
ITE 221
1 DU
2396
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
282
DU
25 79
104
68 1 42
1 110
1,280
Notes:
(1) ITE = Institute of Transportation Engineers Trip Generation Manua! (11th Edition, 2021); ### = Land Use Cade (2) DU = Dwelling Units
(3) The General Plan comparison analysis evaluates an additional 282 DU to N3TM TA7 1383. Project (282 DU) - TAZ 1383 (0 DU) = 282 DU. g3-1dJH
46 1600 Dove Street Residences
Traffic Impact Anatysis
19615
22-97

Table 8
General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment ID Siud Intersection
Traffic
Control'
Generat Plan Buildout Without Project
General Plan Buildout With Project
VIC Increase
5ignidcan[
Impact'
AM Peak Hn4r
PM Peak Hour
AM Peak Hour
PM Peak Hour
V/C�
LDS
V/Cz
LOS'
V/C
LOS''
V/Cv
LOS'
AM
PM
1_ Campus Dr (NSI at Bristol St North (EW)
T5

1.024
F

0.948
E

1.026
F

0.950
E
+0.002
+0.002
No

2. Irvine Ave/Campus Or (NS) at Bristol St South (EW)
TS

0.893
D

0.774
C

0.893
R

0.776
C

0.000
+0.002
No
J. Birch 5t (NS) at Bristol St North (EM
TS

0.916
E

0.811
D

0.916
E

0.815
D
+0.002
+0.004
No

4. Birch 5t (NS) at Bristol5t South {EW)
TS

0.547
A

0.625
B
01550
A
0,626
B
+0.003
+0.DD1
P40

5. MacArthur Blvd (NS) at Campus Dr (EW)'
T5

0.809
D

1.241
F
D.B09
❑

1.241
F
0,000

0.000
No

6. MacArthur Blvd (NS) at Birch St (FW)
T5

0.796
C

1.016
F

0.797
C

1.018
F
+0.001
+0.002
No
7, MacArthur Blvd (N51 at Newport PI DrlVon Korman Ave (EW) TS

0.562
A
G
0_566
A

0.708
C
+0.004
+0.026
Na

8. MacArthur Blvd (NS) at Jamboree Rd (EWER
TS

0.677
D
D

0.884
D
01859
D
r0.007
+0.001
Nu

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

0.775
C
r6112
C

0.775
C

0.793
C

0.000
+0.001
No

10. Jamboree Rd (NS) at Campus Dr (FW)°
T5

0.930
E
F

0.933
E

1.184
F
+0.003
+0.004
No

11. Jamboree Rd INS) at Bristol St North (EW)
T5

0.681
B
B

0.681
E

0.607
B

0.000
+0,001
No

12. Jamboree Rd (NS) at Bristol 5t South (EW)
TS

0.942
E

0.867
❑

0.942
E

0.868
D

0.000
+0.001
No

13. Jamboree Rd (NIS) at Eastbluff Dr/University Dr (EW) TS

0.681
B

0.667
B
0-682
6 0.668
B
+0.001
+0.001
No
14, Von Karman Ave (NS) at Campus Dr (EW)"
TS

0.721
C

0.972
E

0.733
C
0,973
E
+0_002
+0.001
No
Notes:
(1) TS -Traffic 5ignal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. g7lddh
47 1600 Dove Street Residences
Traffic Im pact Analysis
19615
22-98

IRVINE AVZ
�sQ
Campus Dr (Ns)1
Campus Or (NS)!
Brstol 51 N (EM
Brislul St S (EM
0 0 '-250
0 0
e rn —2010
n r
d l ,r310

1. 1370�r
t r
N
1590
m o
M
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v N •-1730
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y
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l'.
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r r
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r m�
Legend
QStudy Intersection
Site
AVE
MacArthur Blvd (NS)I
birch St {EM
m 0 0 *-20
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J j S. ,r50
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670� �Mr
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Von Karman Ave (EVV)
00 '-44
67cr'osmo —180
� 1. ,r 170
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174—► �CDoc
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MaeAdhdr Blvd (NS)1
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0 �? 11-10
ru~i� —1120
r°Tinr`ir0o +-250
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UNIVERSITY
DR
Campus Or (EW)
t170
0nC:3
r- — 840
k. ,r800
r
260-' '� r -
280-► C o30
30 - r o co
N
Jamboree Rd (NS)! "
Jamboree Rd (NS)!
Bdetol St N (EVO
Brstol St S {EVd)
c7
C
r• I+
tiI
jl
`1 r
2154
00 570— 043 043
M
10201r N
Jamboree Rd {NS}!
Von Karman Ave (NS)!
Univershy Ur (EW)
Campus Or (EN)
m
0cb0 "-170
0 10o
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S. ,r340
rn°rnv —480
,1 I. ,r60
510"
370-4 -i
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750— NON
1�N
0�
547
Figure 27
Post 2030 General Plan Buildout Without Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
46 19615
22-99

IRVINE A VEc
;91?
Campus Dr (NS)l
Bristol 51 N (EW)
NW) *-140
—2880
l ,r5+40
� I
00 T
Birch 5t (NS)!
Bristol Sl N (EW)
coM "-16a
�w —1730
1 r530
T
a0
e0 tJ
r�
Campus Dr (NS)l
Bristol St 5 (EVV
0 SD0 F
N M
550,r t
1420�
630� r
Birch St (NS)l
MacArthur Blvd (NS)l
Bristol St S (Eq
Campus
Dr (EW)
00 rnv
00 '-190
—1470
rn��
,r 160
380-Y
T r' '
530-
1490
co 00
700 ►
000
130�,�
16D�
Mr
Legend
QStudy Intersection
Site
bl
a
m
C
MaWhur BW (NS)l
MacArthur Blvd (NS)l
Birch St (EN
Von Kerman
Ave (EW)
occ0
" 36 0
0a0o0
'-110
Mir
�1020
210
1 L
Jr- 150
r 860
460�r
`� T r
140�
`i T rr
480�
mcC
270�
70�
t-12
1001�
rn�
MacArthur
Blvd (NS)l
MacArthur Blvd (NS)1
Jamboree Rd (EW)
Bison Ave (EW)
0 '1t80
`r920
Orn
'-500
r220
240�r
330�
I �'
rn�
E1480
70i
rr00 co
1007
Nrr
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Campus Dr(EM
UNIVERSITY DR o0o530
nQDc0
04O T —650
J j �L r360
6101 t `1 T r'
850 � Ln �
30-�4 r0r-
Jamboree Rd (NS)l
. ambcree Rd (NS)1
Bristol St N (E5V)
Bristol St S (Ew
0 0
Gov
0 V
� �
l
1180�r t P
`1 T
00 a N
150a� O0
C0
ON
1010-4 N�
Jamboree Rd (NS)1
Von Korman Ave (NS)t
`\
University Or (EW)
Campus Dr (EW)
m
or0vo '-210
ra'i T —110

1. ,r340
ova '-140
c~ir r � +-1040
r40
A4VEAVE
200}
'1 t P
240-14
110—
10-4
Lnvm
F,M
1020�
70--,
rotiM
to
Figure 28
Post 2030 General Plan Buildout Without Project
PM Peale Hour Intersection Turning Movement Volumes
1600 Dave Street Residences
Traffic Impact Analysis
49 19615
22-100

IRVINE AVe
�sq
Campus Or (NS}l
Campus Dr (NS)l
Bristol 51 N (EW)
Bristol St S (EM
44 '--250
00 —2026
o f
.1
r 310
`1 f
1370
V N
1595
m Q
670�
Birch St (NS)!
Bristol St N (Eq
ED�
L823
vcv
—1730
1 r480
i
I
a_m
r
�AV
C
4Q
Birch St (NS)l
MacArthur Blvd (NS)l
Bristol St S (EW)
Campus
Or (EM
LO 00
� N
'-60
—630
v C14i
lL
rn
.1 j1.
0-40
855-
t P
770-0
'1 t w
1200�
orn
990—
�hN
210-X
�m
200-r
r0f
Legend
QStudy Intersection
g7diii
Site
C
MacArlhur Blvd (NS)l
MacArthur Blvd (NS)l
r
Birch 51 (Eq
Von Kerman Ave (EW)
rs�o '-20
0 '-40
04 co
04Q00-° _310
°-'mm •-181
�
d 1 1* r50
d j S. r170
P�
718,r
'1 t P
44�
670�
�vV
174—
EOon
60�
COY
96-%
r{in
MacArthur Blvd (NS)l
MacArthur Blvd (NS)!
Jamboree Rd {EW)
Bison Ave (EW)
v040
"-176
0 co rOOn r
—1120
a°ii C m
—250
r420
J 1.
r160
671-
"1 t '
330
`t t
1760
ova
270—
OMO
160�
Nmco
210-x
M(Dc4
cr)
Jamboree Rd (NS)!
Campus Or (F;M
UNIVERSITY DR L 170
r`ai r o +— 840
,C S. or -Soo
i
260-0 `1 t r
280—► CZ) CDCD
307 rocn
N
Jamboree Rd (NS)l Jamboree Rd (NS)1
Bristol S1 N (FW Bristol St S (E"
V M 0
r+I,-
�! 1
itP 2150-4 tr
0 574— Mo
rcoo 1024�, N0
Jamboree Rd (NS)1 Van Kerman Ave (NS)l
University Or (EVJ) Campus Or (EWj
m orno �170 ',-100
\ Nr �110 rnr°0nV 480
J 1. rr 340 ,1 1. 60
AVE
510 1tr 370-4 `,1tP
1�0� CDN cY 7�0~ N�Q
CD N i CM
Y
Figure 29
Post 2030 General Plan Buildout With Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street Residences
Traffic Impact Analysis
50 19615
22-101

Campus or (NS)!
Campus or (NS)l
Bristol St N (EW)
Bnstol St S (EW)
oa
'-a140
Loa
r
—2888
N ri
d
r540
L
00 1434
0C
m T
6301r
r �
Birch St (NS)l
Bristol St N (EVV)
vm '�167
t- 02 —1730
,r 530
it�F
Birch St (NS)I
Bnslol St 5 (EW)
N
rnv
1L
3941 t /'
1490-• co CD
130� Mco
Legend
0 Study Intersection
g7dii
MacArlhur Blvd (NS)1
Campus Of(EW)
oC:'0 11-190
rnrr —1470
J�L o-160
530-'` t -
700Nam
160-X MT
AVE
MacArthur Blvd (NS)f
MacArthur Blvd (NS)l
Birch 51 (Eq
Von Kerman Ave (EM
r-0000
'-360
mc000
�110
m��2
•-1020
213
L
�r 150
1 1 L
or 860
464:�
`5tr
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480
�" 0
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70 119�
0�-
MacArthur Blvd (NS)l
MacArthur Blvd (NS)1
Jamboree Rd (EW)
Bison Ave (EVV)
Nat
R-197
0M
50 to
C° N
—1570
v oa
—`m� 4rt0
J L
,r920
r220
243
P
330
P
00N1480 m
�or
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v0
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N
Jamboree Rd (NS)l
TY DR Campus Or (EW)
0 w C, '`530
LvNv —650
,/ i L r360
610-r
850— �cnN
30� rC.rn
Jamboree Rd (NS)f
Jamboree Rd (NS)f
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Bristol St S (EW)
o_LID
CN
03 _
� 1
1 t
t C
mmo
1502—
m�
a) N
1012 -k
ni T
Jamboree Rd (NS)l
Von Kerman Ave (NS)l
University or (EW)
Campus Or (EW)
a N 0
t210
0v0
'`140
cIMM
o--
—110
nt`irL°
—1040
.1 ! L
or340
d L
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200-0
240"
`t t P
110—
,US14$
1020--►
N�cas
10-,4
2 -
7"
to
Figure 30
Post 2030 General Plan Buildout With Project
PM Peak Hour Intersection Turning Movement Volumes
160E DOVe Street Residences
Traffic Impact Analysis
51 19615
22-102

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 far 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 analysis 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.
^' 1600 Dove Street Residences
gl)dii Revised Traffic Impact Analysis
52 19615
22-103

10. SITE ACCESS
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 via existing driveways at Dove Street and Dolphin Striker Way, The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access. Based an review of the adjacent development and lane configurations along Dove Street and Dolphin Striker Way, the existing lane configurations are anticipated to provide adequate circulation. The final parking and circulation will be reviewed and approved by the City of Newport Beach.

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 Dove Street.

Dove Street is a four -lane unclassified roadway at the project driveway that connects with other arterial and regional roadway facilities. Northbound traffic along Dove Street at the project driveway will operate in free - flow conditions. Right turns into the project site from Dove Street will have no conflicting vehicular movements and are therefore expected to cause minimal to no delays along Dove Street. The southbound left turn movement from Dove Street into the project driveway will need to yield to northbound traffic on Dove Street and may experience small delays while waiting far an acceptable gap, similar to current conditions.

Left turn inbound access to the project site on Dove Street is currently permitted and consistent with adjacent uses along Dove Street.
g:31dii 1660 Dave Street Residences
Revised Traffic Impact Analysis
53 19615
22-104

11. 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 methodo#ogies 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.

VMT ASSESSMENT AND SCREENING
The project VMT screening is for informational purposes only The project VMT impact has been assessed in accordance with guidance provided by the City of Newport Beach SB743 Implementation (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. g3-Iddi1600 Dove Street Residences'11 Revised Traffic Impact Analysis 54 19615
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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 658 daily trips, including 92 trips during the AM peak hour and 88 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour and 110 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 622 net new daily trips, including 12 net new trips during the AM peak hour and 22 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 2029 With Project conditions and no improvements are required.

CEQA YEAR 2029 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 2029 With Project conditions and no new mitigation measures are required.

CEQA GENERAL PLAN COMPARISON IMPACT ANALYSIS
The addition of projectgeneratedtrips 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 (INFORMATIONAL PURPOSES ONLY)
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 via existing driveways at Dove Street and Dolphin Striker Way.

The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access. Based on 9:3"IdAii 160Q dove Street Residences
Revised Traffic Impact Analysis
55 19615
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review of the adjacent development and lane configurations along Dave Street and Dolphin Striker Way, the existing lane configurations are anticipated to provide adequate circulation. g3p)ddii
56 1600 Dove Street Residences
Revised Traffic Impact Analysis
19615
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Exhibit "E"
Conditions of Approval (PA2022-0297)
(Project -specific conditions are in italics)
Planning Division

1. The development shall be in substantial conformance with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application dated April 22, 2024 (except as modified by applicable conditions of approval).

2. Prior to the issuance of building permits, the applicant shall obtain all applicable discretionary permits (e.g. Site Development Review). The Applicant shall comply with all conditions of approval for said discretionary permits.

3. 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.

4. The Approval of the Affordable Housing Implementation Plan granted under PA2022-0297 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).

5. The proposed residential development shall consist of 282 apartment units, inclusive of 188 base units (conversion and GPA units) and 94 density bonus units.

6. A minimum of 28 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application dated April22, 2024.

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

8. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees.

9. 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. 22-109

10. 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,

11. 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.

12. 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.

13. 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/consfruction phase at the project site possesses the potential to impact TCRs of the consulting tribe.

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

15. 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. 22-110

Attachment C
Ordinance No. 2024-18
22-111

ORDINANCE NO. 2024-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

DEVELOPMENT AGREEMENT FOR THE RESIDENCES
AT 1600 DOVE STREET PROJECT LOCATED AT 1600
DOVE STREET (PA2022-0297)
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 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to allow the future development of a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require the following approvals:
• General Plan Amendment ("GPA") - A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property;
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in density including a request for three development standard waivers related to height, park dedication requirements, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law");
• Development Agreement (DA) - A development agreement, pursuant to Section

15.45.020 (Development Agreement Required) of the NBMC, which would provide the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City;
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• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and
• Addendum No. 9 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. 9") - An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District Professional and Business Office Site 7 with a residential overlay;
WHEREAS, the Property is not located within the coastal zone, therefore amending the Local Coastal Program or obtaining a coastal development permit is not required;
WHEREAS, a public hearing was held by the Planning Commission on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45 (Development Agreements) and 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.

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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 July 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 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. 2024-45 by unanimous vote (5 ayes, 2 recusals) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override the ALUC's inconsistency finding; WHEREAS, a notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-45 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on July 10, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; WHEREAS, a public hearing was held by the City Council on August 27, 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 the Ralph M. Brown Act, Chapters 15.45 (Development Agreements) and

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; WHEREAS, a development agreement is required by Chapter 15.45 (Development Agreements) of the NBMC in that the Project would add more than 50 dwelling units within Statistical Area L4 (Airport Area); 22-114

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WHEREAS, Section 15.45.040 (Contents) of the NBMC requires inclusion of the permitted use of the property, density or intensity of use, maximum height, and size of proposed building into a development agreement;
WHEREAS, the DA satisfies the mandatory elements of Section 15.45.040 (Contents) of the NBMC in providing for the future development of 282 dwelling units, inclusive of requested density bonus;
WHEREAS, the DA further satisfies other mandatory elements of Section

15.45.040 (Contents) of the NBMC as the DA specifies the permitted uses of the property, the maximum height and size of the Project, and includes requirements for subsequent discretionary actions, but the requirements do not prevent the development of the land for the uses and to the density of development set forth in the agreement; WHEREAS, the DA also provides other non -mandatory elements, including a term of 10 years for completion of the Project along with providing public benefits that are appropriate to support conveying the vested development rights consistent with the City of Newport Beach General Plan, NBMC, and Government Code Sections 65864 et seq.; and
WHEREAS, the public benefits include the payment of a $285,760 public safety fee, a $714,212 park in -lieu fee, and $3,555,268 public benefit fee, for a total of $4,555,240 to be used by the City as specified in the DA.

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

Ordinance No. 2024-

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Section 2: The City Council finds the Development Agreement is consistent with provisions of California Government Code Sections 65864 to 65869.5 and Chapter

15.45 (Development Agreements) of the NBMC that authorize binding agreements that:
(i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations.

Additionally, the City Council finds that the Development Agreement is entered into pursuant to, and constitutes a present exercise of, the City's police power and is in the best interest of the health, safety, and general welfare of the City, residents, and the public.

Section 3: The Development Agreement which is attached hereto as Exhibit "B," and incorporated herein by reference to accommodate the development of Project and to enter the agreement for a term of ten years, is hereby approved.

Section 4: Environmental Impact Report Addendum No. 9 was prepared for the Project in compliance with the California Environmental Quality Act (CEQA) set forth in California Public Resources Code Section 21000 et seq.; CEQA's implementing regulations set forth in CCR Title 14, Division 6, Chapter 3 ("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 2008-2014 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. 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 potential for new or more severe significant environmental impacts been identified.
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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 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 6: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of August, 2024, and adopted on the 1 Oth day of September, 2024, by the following vote, to -wit,
AYES:

NAYS:

ABSENT:

WILL ❑'NEILL, MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
+AAC.. HAR , CITY ATTORNEY
Attachments: Exhibit A — Legal Description
Exhibit B — Development Agreement
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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:

EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 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 OR THE

PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM,

GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
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Exhibit "B"
Development Agreement
22-120

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.

DEVELOPMENT AGREEMENT
between

CITY OF NEWPORT BEACH
and
1600 DOVE, LP and GS 1600 DOVE, LLC
and
THE PICERNE GROUP, INC.

CONCERNING
"THE RESIDENCES AT 1600 DOVE STREET"
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DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the _ day of , 2024 (the "Agreement Date"), and is being entered into by and between the City of Newport Beach ("City"), a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California, 1600 Dove, LP, a California limited partnership and GS 1600 Dove, LLC, a Delaware limited liability company, (collectively referred to as "Property Owner"), and The Picerne Group, Inc., a Delaware corporation ("Developer"). City, Property Owner, and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."

RECITALS
A. Property Owner is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as 1600 Dove Street and more particularly described in the legal description attached as Exhibit "A" and depicted on the site map attached hereto as Exhibit `B" ("Pro e "). Developer has an equitable interest in the Property by way of the Contribution Agreement and Joint Escrow Instructions ("Contribution Agreement") between Property Owner and Developer which provides that Property Owner will contribute the Property to a joint venture that includes Property Owner and Developer upon the Closing Date as that term is defined in the Contribution Agreement. Developer has submitted an application to the City for the Development Plan, defined in Section 1 (Definitions) below to develop the Property. The Property consists of approximately 2.49 acres and is a part of the Newport Place Planned Community shown on the City's Zoning Map.

B. To encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.

C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance.

D. The Parties wish to enter into this Agreement for the construction of a seven -story, apartment complex consisting of up to 282 apartment units (including affordable units).

E. As detailed in Section 3 of this Agreement, Property Owner and Developer agree to provide the following significant public benefits as consideration for this Agreement: a public benefit fee in the amount of Three Million Five Hundred Fifty -Five Thousand Two Hundred -1-
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Sixty -Eight Dollars and 00/100 ($3,555,268.00), a park in -lieu fee of Seven Hundred Fourteen Thousand Two Hundred Twelve Dollars and 00/100 ($714,212.00), and a public safety fee in the amount of Two Hundred Eighty -Five Thousand Seven Hundred Sixty Dollars and 00/100 ($285,760.00).

F. This Agreement is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as Mixed Use Horizontal 2 ("MU-112") which 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 and the Newport Place Planned Community that was adopted in 1970 by Ordinance No. 1369, and amended from time to time, in order to establish appropriate zoning to regulate land use and development of property within the general boundaries of the Newport Place Planned Community.

G. In recognition of the significant public benefits that this Agreement provides, the City Council finds that this Agreement: (i) is consistent with the City of Newport Beach General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) is consistent with the Project's Addendum No. 9 to the Environmental Impact Report (SCH# 2006011119) ("PEIR") that was certified by the City Council on July 25, 2006 for the 2006 General Plan Update and the Initial Study/Negative Declaration prepared in accordance with CEQA for the Newport Beach Housing Element Update (General Plan Amendment No. GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the "PEIR"), all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code chapter 15.45.

H. On May 9, 2024, City's Planning Commission held a public hearing on this Agreement, and made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement.

I. On August 27, 2024, the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Developer, Property Owner, and members of the public. On September 10, 2024, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. 2024- (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Newport Beach General Plan and approving this Agreement.

AGREEMENT
NOW, THEREFORE, City, Property Owner, and Developer agree as follows:

1. Definitions.

In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below:
2 22-123

"Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting Ordinance" shall mean City Council Ordinance No. 2024- approving and adopting this Agreement.
"Agreement" shall mean this Development Agreement, as the same may be amended from time to time.
"Agreement Date" shall mean September 10, 2024, which date is the date the City Council adopted the Adopting Ordinance.
"CEQA" shall mean the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), as the same may be amended from time to time. "City" shall mean the City of Newport Beach, a California charter city. "City Council" shall mean the governing body of City.
"City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this Agreement.
"Claim" shall have the meaning ascribed in Section 10.1 of this Agreement. "CPI Index" shall mean the Consumer Price Index published from time to time by the United States Department of Labor, Bureau of Labor Statistics for all urban consumers (all items) for the Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84=100), or, if such index is discontinued, such other similar index as may be publicly available that is selected by City in its reasonable discretion. "Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement. "Develop" or "Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof.
"Developer" shall mean the Picerne Group, Inc., a Delaware corporation, and any successor or assignee to all or any portion of its right, title, and/or interest in and to ownership of all or a portion of the Property and/or the Project.
3 22-124

"Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport Beach Municipal Code.
"Development Agreement Statute" shall mean California Government Code Sections 65864-65869.5, inclusive.
"Development Exactions" shall mean any requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests.
"Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) General Plan Amendment adopted pursuant to Resolution No. 2024-; (3) Affordable Housing Implementation Plan adopted pursuant to Resolution No. 2024-; and (4) Traffic Study adopted pursuant to Resolution No. 2024-_ "Development Regulations" shall mean the following regulations as they are in effect as of the Agreement Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Agreement Date that impairs or restricts the Property Owner and Developer's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by the Property Owner and Developer in writing: the General Plan, the Development Plan, and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions) and Title 20 of the Municipal Code (planning and zoning), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or entry upon public property; or (v) the exercise of the power of eminent domain.
"Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the 0 22-125

Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the applicable Development Regulations, which such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et sue., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et sue., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et sue., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et sM., as amended; the Toxic Substances Control Act, 15 U.S.C.

Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C.

Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651.g t seq., as amended; and California Health and Safety Code Section 25100, et sN. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, as amended by Resolution No. 2024-51 and any other amendments through the Agreement Date but excluding any amendment after the Agreement Date that impairs or restricts the Property Owner and Developer's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement or is specifically agreed to by the Property Owner and/or Developer.
"Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law.
"Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. 5 22-126

"Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee.
"Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Part-" or "Parties" shall mean City, Property Owner, and/or Developer as determined by the context.
"Project" shall mean the development of a seven -story, apartment complex consisting of up to 282 apartment units including all on -site and off -site improvements that Property Owner and/or Developer is/are authorized and/or may be required to construct on the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Property" is described in Exhibit "A" and generally depicted on Exhibit `B". "Property Owner" shall mean 1600 Dove, LLP and GS 1600, LLC and any successor or assignee to all or any portion of the right, title, and interest in and to ownership of all or a portion of the Property.
"Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. "Subsequent Development Approvals" shall mean all discretionary development and building approvals that Property Owner and/or Developer is/are permitted to obtain to Develop the Project on and with respect to the Property after the Agreement Date consistent with the Development Regulations.
"Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Termination Date" and "Lot Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement.
"Transfer" shall have the meaning ascribed in Section 11 of this Agreement.

2. General Provisions.

2.1 Plan Consistencv. Zoning Implementation.

This Agreement and the Development Regulations applicable to the Property are consistent with the General Plan and the Newport Place Planned Community Development Plan (PC-11) as amended by the approvals in the Development Plan adopted concurrently herewith (including but not limited to the amendment to the General Plan and Newport Place Planned Community Development Plan (PC-11).

2.2 Binding Effect of Agreement.

The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement.

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2.3 Property Owner and Developer's Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement.

Property Owner, Developer and each person executing this Agreement on behalf of Property Owner and/or Developer hereby represent and warrant to City as follows: (i) that Property Owner is the owner of the fee simple title of the Property; (ii) that Property Owner and Developer entered into the Contribution Agreement and that the Property shall be transferred to a joint venture that includes Property Owner and Developer; (iii) if Property Owner and/or Developer or any co- owner comprising Property Owner and/or Developer is/are a legal entity and that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Property Owner and/or Developer or any co-owner comprising Property Owner and/or Developer is/are a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Property Owner and/or Developer to enter into this Agreement have been taken and that Property Owner and Developer have the legal authority to enter into this Agreement; (v) Property Owner and Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Property Owner and/or Developer or any person or entity comprising Property Owner and/or Developer has/have to any third party; (vi) that neither Property Owner and/or Developer nor any co-owner comprising Property Owner and/or Developer is/are the subject of any voluntary or involuntary petition in bankruptcy; and (vi) Property Owner and/or Developer has/have the authority and ability to enter into or perform any of its obligations set forth in this Agreement.

2.4 Term.

The term of this Agreement (the "Term" shall commence on the Effective Date and continue until 20_, unless otherwise terminated or modified pursuant to its terms.

Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date will not occur because (i) the Adopting Ordinance or any of the Development Regulations approved on or before the Agreement Date for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non - appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Party's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Parties, in which event the Parties shall have no further rights or obligations hereunder except that Property Owner and Developer's indemnity obligations set forth in Article 10 shall remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall be repealed by the City after delivery of said notice of termination except for the Development Regulations that have been disapproved by City's voters at a referendum election and, therefore, never took effect.
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The Termination Date shall be the earliest of the following dates: (i) the tenth (loch) anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Article 5 and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Property Owner and Developer's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication.

Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 14.11 (as well as any other Property Owner and/or Developer obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement.

3. Public Benefits.

3.1 Public Benefit Fee.

As consideration for City's approval and performance of its obligations set forth in this Agreement, Property Owner and Developer shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject to (herein, the "Public Benefit Fee") in the total sum of Three Million Five Hundred Fifty -Five Thousand Two Hundred Sixty -Eight Dollars and 00/100 ($3,555,268.00) which shall be due and payable prior to the issuance of the first building permit for any portion of the Project.

The City has not designated a specific project or purpose for the Public Benefit Fee.

Property Owner and Developer acknowledge by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee and that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Property Owner and Developer's vested rights to be acquired hereunder, and that Property Owner and Developer expressly waive any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefits identified in this Section 3.1 on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Property Owner and/or Developer's default, if Property Owner and/or Developer shall fail to timely pay any portion of the Public Benefits identified in this Section 3.1 when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project.

3.2 Consumer Price Index (CPI) Increases. Any fee provided in this Article 3 (Public Benefits) shall be increased based upon percentage increases in the CPI Index as provided herein.

The first CPI adjustment shall occur on the second anniversary of the City Council's adoption of the Adopting Ordinance (the first "Adjustment Date") and subsequent CPI adjustments shall occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of this Agreement (each, an "Adjustment Date"). The amount of the CPI adjustment on the applicable Adjustment Date shall in each instance be calculated based on the then most recently available CPI 22-129

Index figures such that, for example, if the Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6- month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date.

3.2 Other Public Benefits.

3.2.1 In addition to the Public Benefit Fee, the direct and indirect benefits City shall receive pursuant to this Development Agreement are as follows:

3.2.2 Park In -Lieu Fee. The Property Owner and Developer shall pay a park land dedication in - lieu fee pursuant to the City General Plan Land Use Policy 6.15.13 in the amount of Seven Hundred Fourteen Thousand Two Hundred Twelve Dollars and 00/100 ($714,212.00), for the purpose of acquisition and improvement of other properties as parklands to serve the Airport Area (the "Park In -Lieu Fee"). The Park In -Lieu Fee shall be due and payable prior to the issuance of the first building permit for any portion of the Project.

3.2.3 Public Safety Fee. The Property Owner and Developer shall pay a public safety fee in the amount of Two Hundred Eighty -Five Thousand Seven Hundred Sixty Dollars and 00/100 ($285,760.00) to be used, at the City's discretion, to fund the cost of staffing, services, and equipment necessary for fire related public safety purposes (the "Public Safety Fee"). The Public Safety Fee shall be due and payable prior to the issuance of the first building permit for any portion of the Project.

3.2.4 Apportionment of Fees. Property Owner, Developer and City hereby acknowledge and agree that the amounts of the Public Benefit Fee (Section 3.1), Park In -Lieu Fee (Section 3.2.2), and Public Safety Fee (Section 3.2.3) assessed herein are predicated on the Project being developed as a 282-unit, seven- story residential development project. In the event Property Owner and/or Developer receive(s) land use approval from the City amending the development plan for the Project that includes fewer residential units, the amounts owed by Property Owner and Developer to City for the Public Benefit Fee, Park In -Lieu Fee, and Public Safety Fee shall each be reduced on a proportional basis.

4. Development of Proiect.

4.1 Applicable Regulations; Property Owner and Developer's Vested Rights and Cit) L Reservation of Discretion With Respect to Subsequent Development Approvals.

Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Property Owner and Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii) exercise of any E
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discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals applied for by Property Owner and/or Developer, if any, or that are required, for Development of the Project as of the Agreement Date provided that all such actions are consistent with the Development Regulations, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Property Owner and/or Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Agreement Date.

Property Owner and/or Developer has/have expended and will continue to expend substantial amounts of time and money in the planning and entitlement process to permit Development of the Project in the future. Property Owner and Developer represent and City acknowledges that Property Owner and Developer would not make these expenditures without this Agreement, and that Property Owner and/or Developer is/are and will be making these expenditures in reasonable reliance upon obtaining vested rights to Develop the Project as set forth in this Agreement.

Property Owner and/or Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, provided that unless this Agreement also is amended, the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic. In addition, Property Owner and/or Developer may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval, consistent with City of Newport Beach Municipal Code Section 19.12.090.

This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement.

4.2 No Conflicting Enactments.

Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Agreement Date to the extent it conflicts with this Agreement. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to California Government Code Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city 10 22-131

and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Property Owner and Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Property Owner and Developer deem appropriate within the exercise of Property Owner and Developer's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Property Owner and Developer's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement.

4.3 Reservations of Authority.

Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property.

4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City.

4.3.2 Processing and Permit Fees. City shall have the right to charge and Property Owner and Developer shall be required to pay all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Property Owner and Developer, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due.

4.3.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Property Owner and Developer have consented in writing to the regulations, shall apply to the Property.

4.3.4 Development Exactions Applicable to Property. During the Term of this Agreement, Property Owner and Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Property Owner, Developer and the Project in the absence of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction (excluding any development impact fee) for the Project has been established and fixed by City in 11 22-132

the conditions of approval for any of the Development Regulations approved on or before the Agreement Date, City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with such Development Regulations without Property Owner and Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 4.3.5 hereinbelow). In addition, nothing in this Agreement is intended or shall be deemed to vest Property Owner and/or Developer against the obligation to pay any of the following (which are not included within the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Chapter 3.12 of City's Municipal Code.

4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Property Owner and/or Developer's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Property Owner and Developer do not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City, Property Owner or Developer shall provide to all Parties a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City, Property Owner, and Developer shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City, Property Owner, and Developer agree to preserve the terms of this Agreement and the rights of Property Owner and Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Property Owner and Developer at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Property Owner and/or Developer. City also agrees to process in a prompt manner Property Owner and/or Developer's proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement.

4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule 12 22-133

regulation, program, or official policy would result in the impairment of Property Owner and Developer's vested rights under this Agreement.

4.3.7 Uniform Building Standards. Existing and future building and building - related standards set forth in the uniform codes adopted and amended by City from time to time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement.

4.3.8 Public Works Improvements. To the extent Property Owner and/or Developer construct(s) or install(s) any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply.

4.3.9 No Guarantee or Reservation of Utility Cqpacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Property Owner, Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence.

5. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section 65868 and Newport Beach Municipal Code Section

15.45.070 or by unilateral termination by City in the event of an uncured default of Property Owner and/or Developer.

6. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by any of the Parties despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property.

7. Annual Review of Pronertv Owner and Developer's Compliance With Agreement.

7.1 General.

City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1. Property Owner and Developer (including any successor to the Property Owner and Developer executing this Agreement on or before the Agreement Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. 13 22-134

7.2 Property Owner and Developer's Obligation to Demonstrate Good Faith Compliance.

During each annual review by City, Property Owner and Developer are required to demonstrate good faith compliance with the terms of the Agreement. Property Owner and Developer agree to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term.

7.3 Procedure. The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Property Owner or Developer has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that Property Owner and Developer have so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the basis of substantial evidence, that Property Owner and Developer have not so complied, written notice shall be sent to Property Owner and Developer by first class mail of the Zoning Administrator's finding of non-compliance, and Property Owner and Developer shall be given at least ten (10) calendar days to cure any noncompliance that relates to the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) calendar days for reasons which are beyond the control of Property Owner and Developer, Property Owner and Developer must commence the cure within such thirty (30) calendar days and diligently pursue such cure to completion. If Property Owner and Developer fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below.

7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Property Owner and/or Developer's Default.

The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Property Owner and/or Developer or limit City's rights or remedies for any such Default.

8. Events of Default.

8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) calendar days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the foregoing, the City is not required to give Property Owner or Developer notice of default and may 14 22-135

immediately pursue remedies for a Property Owner or Developer Default that result in an immediate threat to public health, safety or welfare.

8.2 Default by Property Owner or Developer.

If Property Owner or Developer is alleged to have committed a non -monetary Default and it disputes the claimed Default, it may make a written request for an appeal hearing before the City Council within ten (10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Property Owner or Developer's appeal of the Notice of Default. Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive any right to a hearing on the claimed Default. If Property Owner or Developer's appeal of the Notice of Default is timely and in good faith but after a public hearing of Property Owner or Developer's appeal the City Council concludes that Property Owner or Developer is in Default as alleged in the Notice of Default, the accrual date for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended until the City Council's denial of Property Owner or Developer's appeal is communicated to Property Owner or Developer in writing.

8.3 City's Option to Terminate Agreement.

In the event of an alleged Property Owner or Developer Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Property Owner and Developer with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying with Section 8.2 if Property Owner or Developer timely appeals any Notice of Default. A termination of this Agreement by City shall be valid only if good cause exists and is supported by evidence presented to the City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Property Owner or Developer. Any such judicial challenge must be brought within thirty (30) days of service on Property Owner, or Developer by first class mail, postage prepaid, of written notice of termination by City or a written notice of City's determination of an appeal of the Notice of Default as provided in Section 8.2.

8.4 Default by Citya
If Property Owner or Developer alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Property Owner or Developer may pursue any equitable remedy available to it under this Agreement, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific performance of City's obligations set forth in this Agreement. Upon a City Default, any resulting delays in Property Owner or Developer's performance hereunder shall neither be a Property Owner or Developer Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Property Owner or Developer's option (and provided Property Owner or Developer delivers written notice to City within thirty (30) days of the commencement of the alleged City Default), extend the Term for a period equal to the length of the delay.

8.5 Waiver.

Failure or delay by any Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 15 22-136

8.6 Specific Performance Remedv.

Due to the size, nature, and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, Property Owner, Developer and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Property Owner, Developer, and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Property Owner, Developer or City for such efforts. For the above reasons, City, Property Owner and Developer agree that damages would not be an adequate remedy if City, Property Owner or Developer fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is necessary to compensate Property Owner and Developer if City fails to carry out its obligations under this Agreement or to compensate City if Property Owner or Developer fails to carry out its obligations under this Agreement.

8.7 Monetary Damages.

The Parties agree that monetary damages shall not be an available remedy for a Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Property Owner as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Property Owner's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. In no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. Property Owner expressly agrees that the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, for purposes of this Section 8.7, "City") shall not be liable for any monetary damage for a Default by the City or any claims against City arising out of this Agreement. Property Owner hereby expressly waives any such monetary damages against the City. The sole and exclusive judicial remedy for Property Owner in the event of a Default by the City shall be an action in mandamus, specific performance, or other injunctive or declaratory relief.

8.8 Additional City Remedy for Property Owner or Developer's Default.

In the event of any Default by Property Owner or Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Property Owner or Developer's Default without recourse from Property Owner, Developer, or eithers successors or assigns.
16 22-137

8.9 No Personal Liabilitv of Citv Officials, Emplovees, or Aizents.

No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement.

8.10 Recovery of Legal Expenses by Prevailing Party in Any Action.

In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action.

9. Force Maieure.

No Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Property Owner and/or Developer's obligation to pay Public Benefit Fees, be extended pursuant to this Section.

10. Indemnity Obliizations of Property Owner.

10.1 Indemnity Arising From Acts or Omissions of Pronertv Owner or Developer.

Property Owner and Developer shall indemnify, defend, and hold harmless City and City's officials, employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties") from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Property Owner or Developer or Property Owner or Developer's agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Property Owner or Developer relating to the Property or pursuant to this Agreement. City shall have the right, in its sole discretion, to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Property Owner and Developer shall pay the reasonable cost for defense of any Claim. In the event City, Property Owner or Developer recovers any attorneys' fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Property Owner and Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.
17 22-138

10.2 Third PartLitigation.

In addition to its indemnity obligations set forth in Section 10.1, Property Owner and Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement. Said indemnity obligation shall include payment of attorney's fees, expert witness fees, City staff costs, and court costs. City shall promptly notify Property Owner and Developer of any such Claim and City shall cooperate with Property Owner and Developer in the defense of such Claim. If City fails to promptly notify Property Owner and Developer of such Claim, Property Owner and Developer shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Property Owner and Developer are so notified and if City fails to cooperate in the defense of a Claim Property Owner and Developer shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Property Owner and Developer's indemnity obligation, provided that such counsel shall reasonably cooperate with Property Owner and Developer in an effort to minimize the total litigation expenses incurred by Property Owner and Developer. In the event City Property Owner, or Developer recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Property Owner and Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.

10.3 Environmental Indenni ty.

In addition to its indemnity obligations set forth in Section 10.1, from and after the Agreement Date, Property Owner and Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation attorney's fees, expert witness fees, and costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Property Owner or Developer in connection with Property Owner and/or Developer's Development of the Project. The indemnity provisions in this Section 10.3 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.

11. Assignment.

Property Owner or Developer shall have the right to sell, transfer, or assign (hereinafter, collectively, a "Transfer") its interest in or fee title to the Property, in whole or in part, to any WV
22-139

person, partnership, joint venture, firm, or corporation (which successor, as of the effective date of the Transfer, shall become the "Property Owner" under this Agreement) at any time from the Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and any such Transfer shall include the assignment and assumption of Property Owner or Developer's rights, duties, and obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent: (i) no transfer or assignment of any of Property Owner or Developer's rights or interest under this Agreement shall be made unless made together with the Transfer of all or a part of the Property; and (ii) prior to the effective date of any proposed Transfer, Property Owner or Developer (as transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Property Owner or Developer and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Property Owner or Developer assigns to the successor Property Owner and the successor Property Owner assumes from the transferring Property Owner all of the rights and obligations of the transferring Property Owner with respect to the Property or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed off of the portion of the Property so Transferred that are a condition precedent to the successor Property Owner's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Property Owner or Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Property Owner with respect to the balance of the Property, without Property Owner or Developer's written consent.

Notwithstanding any Transfer, the transferring Property Owner or Developer shall continue to be jointly and severally liable to City, together with the successor Property Owner, to perform all of the transferred obligations set forth in or arising under this Agreement unless the transferring Property Owner or Developer is given a release in writing by City, which release shall be only with respect to the portion of the Property so Transferred in the event of a partial Transfer.

City shall provide such a release upon the transferring Property Owner or Developer's full satisfaction of all of the following conditions: (i) the transferring Property Owner or Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Property Owner or Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Property Owner or Developer has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Property Owner either (A) provides City with substitute security equivalent to any security previously provided by the transferring Property Owner or Developer to City to secure performance of the successor Property Owner's obligations hereunder with respect to the Property or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Property Owner either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction 19 22-140

that the successor Property Owner has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. Any determination by the City in regards to the second paragraph of Section 11 subpart (iv) (A) and/or (B) shall be documented in writing.

12. Mortgagee Rights.

12.1 Encumbrances on Property.

The Parties agree that this Agreement shall not prevent or limit Property Owner or Developer in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project.

12.2 Mortgagee Protection.

This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement.

12.3 Mortgagee Not Obligated.

Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Property Owner or Developer or other affirmative covenants of Property Owner or Developer, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Property Owner or Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance.

12.4 Notice of Default to Mortgagee-, Right of Mortgagee to Cure.

Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of: (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Property Owner or Developer of its obligations set forth in this Agreement.

Each Mortgagee shall have a further right, but not an obligation, to cure the Default within ten (10) days after receiving a Notice of Default with respect to a monetary Default and within thirty (30) days after receiving a Notice of Default with respect to a non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -monetary Default within thirty (30) days after obtaining possession and, except in case of emergency or to protect the public FE
22-141

health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the thirty (30) day period. In the case of a non -monetary Default that cannot with diligence be remedied or cured within thirty (30) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non - monetary Default within thirty (30) days and diligently prosecutes the cure to completion.

13. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

14. Miscellaneous Terms.

14.1 Reserved.

14.2 Notices.

Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows:

TO CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Manager
With a copy to: City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Attorney
TO PROPERTY OWNER John Saunders
1600 Dove, LP and GS 1600 Dove, LLC
4040 MacArthur Blvd., Suite 300
Newport Beach, CA 92660
With a copy to:

TO DEVELOPER: Greg Nakahira
The Picerne Group
5000 Birch Street, Ste. 600
Newport Beach, CA 92660
With a copy to: Kevin Ashe
Holland & Knight LLP
4675 MacArthur Court, Ste. 900
Newport Beach, CA 92660
21 22-142

Any Party may change the address stated in this Section 14.2 by delivering notice to the other Parties in the manner provided in this Section 14.2, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of: (i) the date received or (iii) three business days after deposit in the mail as provided above.

14.3 Project as a Private Undertaking.

Any future Development of the Project is a private undertaking. No Party will be acting as the agent of the other in any respect, and each Party will be an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner or user of the Property.

14.4 Cooperation.

Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

14.5 Estonnel Certificates.

At any time, a Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default.

The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt. Requests for the City to furnish an estoppel certificate shall include reimbursement for all administrative costs incurred by the City including reasonable attorney's fees incurred by the City in furnishing an estoppels certificate.

14.6 Rules of Construction.

The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive.
22 22-143

14.7 Time Is of the Essence.

Time is of the essence regarding each provision of this Agreement as to which time is an element.

14.8 Waiver.

The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future.

14.9 Counterparts.

This Agreement may be executed in two (2) or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one (1) and the same agreement.

14.10 Entire Agreement.

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement.

14.11 Severability.

The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that no Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Property Owner and Developer shall not receive any of the benefits of this Agreement if any of Property Owner or Developer's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Property Owner and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Property Owner or Developer's obligations under this Agreement. The provisions of this Section 14.11 shall apply regardless of whether the Effective Date occurs and after the Termination Date.

14.12 Construction.

This Agreement has been drafted after negotiation and revision. City, Property Owner, and Developer are sophisticated parties who were represented by independent counsel throughout the negotiations and Property Owner and Developer had the opportunity to be so represented and voluntarily chose to not be so represented. City, Property Owner, and Developer agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their 23 22-144

respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning and applicable principle or presumptions of contract construction or interpretation, if any, shall be used to construe the whole or any part of this Agreement in favor of or against any Party.

14.13 Successors and Assigns; Constructive Notice and Acceptance.

The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 14.13 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Article 11.

14.14 No Third Party Beneficiaries.

The only Parties to this Agreement are City, Property Owner, and Developer. This Agreement does not involve any third -party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity.

14.15 Applicable Law and Venue.

This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court.

14.16 Section Headings.

All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement.

14.17 Incorporation of Recitals and Exhibits.

All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows:

N
22-145

EXHIBIT

DESCRIPTION

DESIGNATION
A
Legal Description of Property
B
Depiction of the Property

14.18 Recordation.

The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. [SIGNATURE PAGE FOLLOWS]
25 22-146

SIGNATURE PAGE TO DEVELOPMENT AGREEMENT
"PROPERTY OWNER"
1600 DOVE LP, a Nevada limited partnership
By: _
Naive:

Title:

By: _
Name:

Title:

GS 1600 DOVE LLC, a Delaware limited
liability company
By: _
Name:

Title:

By: _
Name:

Title:

ATTEST:

Leilani I. Brown, City Clerk
APPROVED AS TO FORM:

Aaron . Harp, CiU Attorney
Jennifer Hernandez, Attorney for Property Owner
"DEVELOPER"
THE PICERNE GROUP, INC., a Delaware
corporation
By: _
Name:

Title:

By: _
Name:

Title:
"CITY"
CITY OF NEWPORT BEACH, a municipal
corporation and charter city
Will O'Neill, Mayor
26 22-147

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On , 20 before me, , Notary
Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of
On , 20 before me, , Notary
Public, personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(seal)
22-148

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

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:

EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 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 OR THE

PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM,

GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
22-149

EXHIBIT B

DEPICTION OF PROPERTY
42�.!fl Folk

DOLPHIN -STRIKER WAY
A.

LEGEND
G STORIES Of RESIDENTILk-

OVER PARXING
7�

COURTYARD
-4
—t -

RE RI ME TER LANDSCAPE
22-150

Attachment D
Resolution No. 2024-64
22-151

RESOLUTION NO. 2024- 64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, FINDING THE
RESIDENCES AT 1600 DOVE STREET PROJECT IS

CONSISTENT WITH THE PURPOSES OF THE STATE

AERONAUTICS ACT AND OVERRIDING THE ORANGE

COUNTY AIRPORT LAND USE COMMISSION'S

DETERMINATION THAT THE PROJECT IS
INCONSISTENT WITH THE 2008 JOHN WAYNE
AIRPORT ENVIRONS LAND USE PLAN (PA2022-0297)
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 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to allow the development of a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require the following approvals:
• General Plan Amendment ("GPA") -A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property;
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in density including a request for three development standard waivers related to height, park dedication requirements, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law");
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Resolution No. 2024-

Page 2 of 8 ends

Newport Beach City CouncilAugust 27, 2024

Newport Beach City Council
August 27, 2024