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HomeMy WebLinkAboutC-2394 - Settlement Agreement for Newport Dunes Redevelopment3 SECOND AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT THIS SECOND AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT (this "Amendment "), entered into this "Ce day of Vli 2013 ( "Effective Date "), among the CITY OF NEWPORT BEACH, a municipal corporation and charter city ( "City "), the COUNTY OF ORANGE, a political subdivision of the State of California ( "County ") and WATERFRONT RESORT PROPERTIES L.P., a California limited partnership, and NEWPORT DUNES MARINA, LLC, a California limited liability company (jointly, the "Company "), is made with reference to the following facts: A. The City, the County and the Company's predecessor in interest entered into an Amended Newport Dunes Settlement Agreement that was executed on December 9, 1988, and amended by First Amendment to Amended Newport Dunes Settlement Agreement dated December 18, 1990 (as so amended, the "Original Agreement "), with respect to the tidelands referred to in Recital A of the Original Agreement, together with a small parcel of uplands (referred to herein as the "Property ", and from time to time in this Amendment as a particular "Parcel" as designated in Exhibit °A" attached hereto). The Original Agreement constituted an amended and restated version of a prior agreement, as amended, which was entered into in settlement of a City lawsuit that challenged, on environmental and other grounds, the County's approval of a redevelopment plan for the Property. The Property is the subject of an Amended and Restated Lease between the County of Orange and the Company executed on August 25, 2009 (the "Lease "); C. Company is the current lessee and operator of the Property pursuant to the Lease and the successor to Newport Dunes Partnership, a California partnership, the party to the Original Agreement. Pursuant to the Original Agreement, Company and its predecessors have constructed upon the Property certain recreational and visitor - serving facilities (the "Improvements "), which facilities include the following: (1) A recreational vehicle park ('RV Park') with four hundred six (406) spaces of the four hundred forty -four (444) spaces authorized by the Original Agreement; (2) Related support uses for the RV Park including a convenience store, a clubhouse, a laundry room, a meeting room, restrooms, maintenance facility and two residential units (a manager's unit and an employee unit); (3) An approximately four hundred thirty (430) slip marina, a clubhouse, marina storage area and laundry and restrooms for marina tenants; (4) Dry boat storage with approximately two hundred eighty -six (286) spaces, temporary dry boat storage upon Parcel C of the Property, a six -lane boat launching ramp and a paved area designed to accommodate approximately 120 vehicles with boat trailers; (5) A restaurant with related outdoor dining located on the east side of the lagoon, adjacent to the boat launch ramp, which includes one (1) employee residential unit; (6) A swimming beach and related visitor serving facilities including parking spaces, day use beach restrooms, water sports equipment rentals and temporary and permanent improvements designed to protect daily visitors from the elements; and (7) Commercial, office, storage and meeting rooms, which may include the Company's headquarters. D, The purpose and intent of this Amendment is to amend the terms and provisions of the Original Agreement in order to confirm and clarify certain provisions of the Original Agreement, to reflect the current status of development upon the Property consistent with the Original Agreement, and to address the anticipated continued development upon the Property of the facilities permitted under and contemplated by the Original Agreement, all as more particularly set forth herein, NOW THEREFORE, the parties hereto agree as follows: GENERAL PROVISIONS. A. The foregoing Recitals are true, correct and incorporated herein by this reference. B. All terms used herein and denoted by capitalized initial letters shall have the meaning set forth in the Original Agreement. When used herein, the term the "Agreement" shall mean the Original Agreement as hereby amended. Provisions included in "[ ] "s below are included to help clarify the references to the Original Agreement as hereby amended and the status of development of the Property as of the date of this Amendment.. All square footage references for improvements that have been constructed as of the date of this Amendment are approximate. Prior to the issuance of a building permit for the Family Inn the size of all existing improvements shall be confirmed. C. Unless otherwise expressly provided herein, any reference to square footage shall mean gross floor area as defined in the City's Zoning Code. D. The parties agree that the total developed area shall not exceed 567,500 feet of gross floor area ( "Maximum Allowable Development Area ") as provided for in the City's General Plan as of the Effective Date, provided, however, that the following improvements shall not be considered a part of the gross floor area for purposes of determining whether the Maximum Allowable Development Area has been met or exceeded: (i) any covered dry boat stacking facility, as stated in Section ILIA, below, whether covered only or fully enclosed, and (ii) any temporary enclosure permitted pursuant to Section I.0 of the Agreement [as hereby amended pursuant to Section 11, below]. E. City agrees that the development of the Property completed to date was completed generally in accordance with the terms, provisions and intent of the Original Agreement. Consistent with the terms of that certain letter dated August 19, 2011, Company has submitted to the City and the City has approved plans for the bar area improvements installed in the enclosed outdoor patio area of the Back Bay Bistro restaurant, and the City will issues building permits with respect to the same upon the mutual execution and delivery of this Amendment. Upon the execution of this Amendment, Company shall have the ability to reapportion the square footage assigned to the approved uses as provided herein. F. All future uses and development contemplated in the Agreement and not completed to date shall be subject to and comply with the City's applicable Municipal Code provisions and permitting requirements. Company shall secure all required permits before commencing any activity requiring a City permit or approval. The City retains its sole and unfettered discretion, as required by law, as to all future decisions and actions which would permit development of the Property with facilities in excess of the development described in the Agreement. 11, ENTITLEMENT. Section I of the Original Agreement is hereby amended and restated to read in its entirety as follows: In consideration of the covenants and promises made by County and Company in this Agreement, City agrees that the Property may be used for the following purposes and shall approve the development of the Property contemplated in this Agreement, provided County and Company have complied with all conditions precedent to development that are specified In this Agreement. The development contemplated in this Agreement may proceed in phases as deemed appropriate by Company. The use and development of the property authorized by this Agreement is specified in Sections II and III of this Agreement. A. Family Inn. The construction of a family inn (the "Family Inn "), not to exceed two hundred seventy -five rooms (275), to be located on Parcel C of the Property. The Family Inn has not been constructed as of the date of this Amendment and the construction and operation of the Family Inn is subject to the following: 3 (i) The Family Inn will be designed and constructed with features that will make it attractive to families and these design and construction features shall include, but not necessarily be limited to, the following: (a) Kitchen facilities in approximately forty percent (40 %) of the units; (b) A room containing recreational facilities and equipment for use by the guests of the Family Inn„ (c) The area immediately adjacent to the Family Inn shall be designed, improved and maintained such that it is consistent with the concept of a visitor - serving facility attractive to families. (ii) The Family Inn will be constructed in accordance with the Building and Zoning Ordinances of the City of Newport Beach, including without limitation the requirements set forth in Sections III.A., B and I [as hereby amended, pursuant to Section IV, below]. (iii) The structure which houses the Family Inn shall not exceed 500,000 sq. ft. of gross floor area inclusive of area used for the service, storage (except enclosed dry boat storage as provided for in (v) below) and preparation of food or beverage. (iv) The Family Inn may include restaurant uses and facilities as permitted under Section I.B., below. (v) As an interim use and pending construction of the Family Inn, Company may install up to 450 dry boat storage spaces. It is anticipated that such storage spaces will be at grade upon Parcel C or the portions of Parcel A not currently in use for the recreational vehicle park, but such spaces may be located in any appropriate location reasonably agreed to by the Parties. If the storage spaces are enclosed, the gross floor area of such enclosed structure shall not count toward Maximum Allowable Development Area. Company acknowledges the Original Agreement authorized 400 storage spaces. The additional 50 spaces referenced in this Section shall be allowed on an interim basis and shall be removed prior to the issuance of a certificate of occupancy for the Family Inn is issued by the City. B. Restaurant Uses. The use and development of a total of thirty -two thousand (32,000) square feet of net public area (as defined in the City's Zoning Code as the same may be amended from time -to -time) of restaurant facilities upon the Property. [Certain restaurant facilities contemplated by this Amendment have been constructed as of the date of this Amendment, and other restaurant facilities contemplated by this Amendment have not been constructed as of the date of this Amendment] Such use and development shall be included within the Maximum Allowable Development Area and may include: (i) The construction of nine thousand one hundred (9,100) square feet of net public area of restaurant uses on the east side of the lagoon including, without limitation, outdoor patio dining and bar areas (including alcoholic beverage service) and an operable windscreen surrounding the exterior of the outdoor dining and bar areas [which restaurant has been constructed as of the date of this Amendment]. The structure for such restaurant use may include in addition to the restaurant use an apartment for employee residence use, the square footage of which shall not be deducted from the maximum restaurant square footage permitted under this Section 1.13(i) but shall be included for purposes of determining the Maximum Allowable Development Area. The employee apartment shall not exceed eight hundred (800) feet of gross floor area. [which employee apartment has been constructed as of the date of this Amendment]. (ii) The construction of not more than twelve thousand five hundred (12,500) square feet of net public area of restaurant uses within and adjacent to the Family Inn [which has not been constructed as of the date of this Amendment]. (a) Any portion of such restaurant and food serving area outside of the structure which houses the Family Inn shall be limited to those areas which are intended to primarily serve guests of the Family Inn, such as the pool and cabana -area; (b) A substantial portion of restaurant space within the Family Inn shall be located, designed, maintained and operated such that it principally serves the patrons and guests of the Family Inn, with special consideration given to families with children, (iii) The construction of a new restaurant not to exceed ten thousand four hundred (10,400) square feet of net public area, which restaurant is anticipated to be located on Parcel B -2. [This restaurant has not been constructed as of the date of this Amendment.] (iv) The square footage of permitted development for restaurant uses may be reapportioned in a manner other than that specified in the preceding paragraphs provided: (a) The reapportionment of restaurant uses is on a "per square foot" basis such that there is no increase in net public area of permitted restaurant development on the Property; and 5 (b) Any reapportionment of restaurant uses between the east and west side of the lagoon shall be subject to review and approval by the Community Development Director of the City of Newport Beach, and may be conditioned upon submittal of additional information or studies as required in the Community Development Director's reasonable discretion. (c) Any reapportionment of restaurant uses between or among Parcels B, B -2 and /or C shall be subject to review and approval by the Community Development Director. (d) Company may appeal the decision of the Director under either clause (b) or (c), above, as provided for in Chapter 20.64 of the Newport Beach Municipal Code, as may be amended from time to time. C. Commercial Uses. The construction of structures on the Property which will house commercial, office, storage or retail uses not to exceed twelve thousand (12,000) square feet. (Portions of such structures have been constructed as of the date of this Amendment.) The use of such structures shall be limited to those permitted by the Lease and the City of Newport Beach Municipal Code, and may include: (i) Company headquarters, office and administrative space; (ii) Space for parking, equipment, storage, a first aid station and other ordinary and necessary uses in connection with the operation of the Property; and (iii) Meeting rooms for not more than one hundred (100) persons in the aggregate. D. RV Spaces and Facilities. The construction of a recreational vehicle park not to exceed four hundred forty -four (444) spaces, all of which will have full service capabilities, including electricity, water and sewer, together with a recreational vehicle support center. [Four hundred six (406) recreational vehicle spaces and the recreational vehicle support area described below have been constructed as of the date of this Amendment.] (i) The recreation vehicle support center shall consist of not more than eight thousand five hundred (8,500) square feet of gross floor area and may contain among other things (i) a small convenience store and equipment rental facility, (ii) a recreation/meeting room and clubhouse, and (iii) restrooms, showers and a laundry facility. (ii) The recreational vehicle support center shall also include a storage area and swimming pool, and may contain a maintenance facility and a manager's unit of approximately two thousand fifty (2,050) square feet and an employee unit of approximately five hundred seventy -five square feet. (iii) Company may, subject to the approval of the City's Community Development Director, install alternative recreational vehicles ( "ARVY). Each ARV shall contain no more than four hundred (400) square feet, have at least one axle, shall be registered with the State Department of Housing and Community Development and the presence of the ARV shall be consistent with all State laws and regulations regarding recreational vehicle parks. The Community Development Director shall have the right to impose conditions on the appearance of any ARV that the Community Development Director, in his or her reasonable discretion, considers necessary or appropriate to ensure that the recreational vehicle park maintains a pleasant appearance. In no event shall company install any manufactured housing, (iv) Company shall limit all occupancy agreements for RV spaces and ARV's to no more than thirty (30) days, provided that nothing herein would preclude an owner of an RV or an occupant of an ARV to sign a new occupancy agreement after a thirty (30) day period has expired. In no event shall any agreement entered into by the Company with owners of RV's or occupants of an ARV entitle the guests to residency status or be a Qualifying Rental Agreement, as that term is defined in Municipal Code Section 3.16.020, as the same may be amended from time -to -time. (v) The ARV units are included within the total allowable four hundred forty -four (444) RV spaces. Company agrees that the City's Transient Occupancy Tax, provided for in the City's Municipal Code Chapter 3.16, as the same may be amended from time to time, shall apply to all RV spaces and ARV's, and Company shall collect and remit such tax as required by the Municipal Code. E. Boat Slips /Marina. The construction of approximately four hundred thirty (430) boat slips, a pedestrian bridge connecting the easterly and westerly portions of the property, and a pump -out station. [Approximately four hundred thirty (430) boat slips have been constructed as of the date of this Amendment in a manner consistent with the requirements listed below.] The right to construct and maintain the boat slips is subject to the following: (i) Boat slips constructed in the mouth of the lagoon, or within the lagoon itself, shall not accommodate boats exceeding 28 ft. in length; (ii) Boat slips constructed in the mouth of the lagoon, or in the lagoon itself, shall be designated and constructed to ensure that there is minimal interruption of the tidal flow in and out of the lagoon; 7 (iii) Overnight occupancy of boats moored in the mouth of the lagoon or in the lagoon is prohibited and County and /or the Company shall take all action necessary to ensure enforcement of this prohibition; (iv) The pedestrian bridge constructed across the mouth of the lagoon shall be elevated above the water surface, built on pilings, and designed to minimally restrict tidal flows in and out of the lagoon as well as permit the entry of dredging equipment (such as a removable center section). [The pedestrian bridge has been so constructed as of the date of this Amendment); (v) A pump -out station shall be constructed and maintained at a location convenient to boaters with sufficient capacity to service any boat for which slip or mooring space is available at the Property, [which pump, out station has been so constructed as of the date of this Amendment]; and (vi) Company may charter vessels for commercial purposes from the Property subject to issuance, by City, of a marine activities permit and compliance with all City ordinances. The discretionary review and consideration of the marine activities permit may include additional environmental or other analysis. P. Marina Clubhouse and Storage. A facility of not more than nine thousand six hundred (9,600) square feet for a marina clubhouse (including, without limitation, space for marina office personnel, a television room, fitness center and club lounge) and for storage facilities, may be constructed adjacent to the boat slips. [The structure(s) authorized in this subsection have been constructed as of the date of this Amendment.) W The marina clubhouse shall include space for marina office personnel and recreational amenities consisting of a television room, fitness center and lounge. The fitness center within the marina club house shall be no larger than 475 square feet and all exercise equipment shall be located within the fitness center. (ii) The storage facility shall not to exceed 1 story, and may include, without limitation, lockers, laundry, vending and appurtenant facilities. (iii) Access to the marina clubhouse shall be limited to tenants of the marina, guests of tenants, invitees and Company personnel and shall be controlled by the Company. G. Temporary Enclosure(s). [Prior to the date of this Amendment, Company has from time to time installed one temporary enclosure as depicted on 0 Exhibit C.] The Company may install one temporary enclosure as depicted on and in the location specified on Exhibit C to protect visitors and invitees from the elements and to minimize the impact of event related noise, subject to the following: (i) The total surface area covered by the temporary enclosure shall not exceed 14,000 square feet, provided however, that the 14,000 square foot limitation maybe exceeded for specified events which will be subject to review by the City and approval of a Special Event permit or such other permit as may be required by the City at the time, (ii) The temporary enclosure shall comply with all provisions of Title 15 of the Newport Beach Municipal Code as the same may be amended from time -to -time. (iii) In no event shall the temporary enclosure remain in place for more than one hundred eighty (180) days during any twelve (12) month period, provided, however, that the frame for the single temporary enclosure may remain in place throughout the year. (iv) Company may serve food and beverage in the temporary enclosure unless service is prohibited by ordinance or the conditions to the Special Event permit for the event at which food and beverage are proposed to be served. (v) Company shall not be required to obtain a Special Event permit or other permit for events to take place within the temporary enclosure, unless otherwise required as a result of the nature of such event pursuant to the Newport Beach Municipal Code. (vi) Company may pursue additional temporary enclosures through a Special Events permit pursuant to Title 11 of the City of Newport Beach Municipal Code, as may be amended from time to time; a Limited Term Permit pursuant to Title 20 of the City of Newport Beach Municipal Code, as may be amended from time to time; or other permit as required by the City of Newport Beach Municipal Code, as may be amended from time to time. Ill. ADDITIONAL REQUIRED FACILITIES. Section 11 of the Original Agreement is hereby amended and restated to read in its entirety as follows: Company shall retain, and in certain oases upgrade and/or add to, certain existing facilities and uses, as follows: A. Dry Boat Storage. The existing dry boat storage on the east side of the lagoon consisting of two hundred eighty six (286) spaces [as of the date of this Amendment) shall be maintained, and Company shall have the right to increase capacity to no more than four hundred fifty (450) spaces. The increase in capacity may be accomplished by the construction or installation of a facility that will allow stacking of boats. The storage facility will be covered and will be administered to insure adequate security for private property, provided, however, that any covered or enclosed dry boat stacking facility shall be excluded from the gross floor area of improvements upon the Property for purposes of determining whether the Maximum Allowable Development Area has been met or exceeded. B. Wash Down. Company shall retain or upgrade the wash -down facilities located in proximity to the launch ramp; C. Boat Trailer Parking. Company shall maintain at least one hundred twenty (120) boat - trailer parking spaces in proximity to the boat launch area. These spaces shall be used for vehicles and trailers using the boat launch facilities, by patrons of the restaurant and the dry boat storage facility located near the boat launch facility, and, to the extent space is needed and available, by beach users when the day -use parking area is filled. D, Beach and Day lase. County and Company shall preserve substantially all of the existing beach area and retain and assure the continuing operation of concessions and facilities which serve beachgoers, including, but not limited to, boat and equipment rentals, restrooms, facilities that provide shade and cover from the elements, tables and benches, lifeguards, and picnic areas. At least six hundred forty five (645) day use area parking spaces, in additional to parking spaces specified elsewhere in this Agreement, will be made available for persons using the facilities. No more than 25% of such parking spaces shall be designated for use by compact vehicles and compact spaces shall be distributed evenly throughout the parking area. E. Camping. Company shall provide for overnight camping uses and facilities necessary to serve recreational vehicle owners and ARV occupants. E Human - Powered launch. Company agrees to maintain the existing launch and storage area for human - powered and small sail craft. G. Bike Trail. Company has constructed, and shall maintain, a bike trail, the design, width and location of which has been approved by the City and County, connecting Back Bay Drive with Bayside Drive. No admission or user charge shall be imposed upon persons for use of trail. Bicyclists shall be allowed access to the interpretive center. Company shall maintain bike racks along the trail adequate in number to accommodate demand. The bike trail may be used by the City, County and other public entities 11#1 engaged in constructing, repairing or maintaining public facilities or landscaping. The bike trail has been designed to allow convenient access for public vehicles engaged in the maintenance and repair work. iV. DEVELOPMENT RESTRICTIONS AND CONDITIONS. Section Ili of the Original Agreement is hereby amended and restated to read in its entirety as follows: 111. Company, in consideration of the approval by the City pursuant to this Agreement of the land use entitlements and the contemplated uses and development as authorized by this Agreement, stipulates and agrees to the restrictions and conditions specified in this Section. A. Height. No structure, nor any portion of any structure or mechanical equipment, shall exceed a height of thirty -eight and one half (38.5) feet. Mechanical equipment may be permitted in excess of thirty-five (35) feet in height provided it is fully screened from public view. In addition to the height limit, no structure shall exceed three (3) stories, and the Family inn shall be constructed with a pitched roof. Chimneys and vents are permitted to exceed the thirty-eight and one -half (38.5) foot height limit only to the extent required to comply with state law or City ordinances. B. Parking and Signage. Except as otherwise provided in this Agreement, parking for all new development upon the Properly and all signs and sign structures shall conform to the requirements of Chapters 20.42 and 20.40, respectively, of the Newport Beach Municipal Code, or any successor ordinances, as in effect at the time of such new development or installation of such new signs and sign structures, as applicable. Notwithstanding the foregoing, such compliance shall not be so required where the development or the signs or sign structures otherwise complied with prior Newport Beach Municipal Code provisions in effect at the time of the development or the signs or sign structures being replaced or renovated, and compliance with such prior code satisfies the non- conforming use provisions of the Newport Beach Municipal Code. C. Traffic and Fair Share. Company shall comply with the Traffic Phasing Ordinance and Fair Share Ordinance of the City of Newport Beach. Company shall have satisfied Traffic Phasing Ordinance and Fair Share Ordinance requirements upon payment of the sums specified in this Section III.C. Consistent with the terms of the Agreement, amendments to the Traffic Phasing or Fair Share Ordinance enacted following the date of the Agreement which would otherwise increase the fees to be paid by County or Company shall not be applicable to the development contemplated in this Agreement. The appropriate method and time for the payment of these fees is difficult to determine in that: (1) while the early phases of development will not generate substantial level of traffic over and above those which now exist, infrastructure necessary to Fri accommodate the Family Inn and other traffic intensive uses will be constructed during the initial phases of the project; and (2) the number of building and grading permits required for each phase of the project, and the potential that development within each phase will not proceed at the same time, make it extremely difficult for the parties to determine what percentage of Traffic Phasing or Fair Share Fees should be paid in conjunction with any specific permit. The method of payment specified in this Agreement represents the Parties' best efforts to establish a fee schedule consistent with the intent of the Fair Share Ordinance and Traffic Phasing Ordinance in effect as of the date of the Agreement. (i) Company has paid or shall pay (as set forth in clause (iii) below) $600,000 to comply with the provisions of the Traffic Phasing Ordinance. This sum was used to reimburse the City for a portion of the $2,058,000 spent prior to December 9, 1988 and an additional $724,000 spent in the 1988 -89 fiscal year, on circulation system improvements that were required, in part, because of traffic generated by the development authorized in the Agreement. Company and County have benefited by the City's early construction of these improvements which were to have been funded, in part, by the $600,000 payment required by the Agreement. (ii) Company has paid or shall pay (as set forth in clause (iii) below) Fair Share fees in the sum of $235,402. This fee is based upon "new traffic" of 5,213 average daily trips, multiplied by the rate of $99.27 a trip (as of December 9, 1988) and reduced by a credit of $282,902 for master plan circulation system improvements funded by the Traffic Phasing Ordinance payments required by the Original Agreement. (iii) As of the date of this Agreement, the sum of the Fair Share and Traffic Phasing Ordinance fees required by this Agreement as provided in clauses (i) and (ii) above has been calculated to be the sum of $835,402, of which the Company has paid $275,000 to date as reflected in clauses (a) through (d) below, and the sum of $560,402 remains to be paid as reflected in clauses (e) through (g), below, all as more particularly having been paid or to be paid as follows: (a) The sum of Twenty Five Thousand ($25,000) Dollars was paid concurrently with the execution of the Original Agreement; (b) The sum of Seventy Five Thousand ($75,000) Dollars was paid prior to the issuance of the first building permit for any of the projects described in Phase 1 of the Original Agreement (RV Park, Day Use, Boat Launch, Boat Storage, Marine Repair Facility, Coffee Shop and Operations Center); 12 (c) The sum of Seventy Five Thousand ($75,000) Dollars was paid prior to the issuance of the first occupancy permit for any project described in such Phase 1; (d) The sum of Five Hundred ($500) Dollars per slip has been paid prior to the issuance of the final building or harbor permit necessary to the construction of the slips (the Fair Share and Traffic Phasing fees totaling $835,402 have been calculated on the assumption that 200 new boat slips would be constructed under the Agreement; (e) The sum of Fifty Thousand ($50,000) Dollars shall be paid prior to the issuance of the first building permit for the first building permit for the construction of a restaurant on Parcel B -2 [which sum has not been paid as of the date of this Amendment]; (f) The sum of One Hundred Thousand ($100,000) Dollars shall be paid prior to the issuance of the first building permit for the Family Inn [which sum has not been paid as of the date of this Amendment]; (g) The sum of Four Hundred Ten Thousand Four Hundred Two ($410,402) Dollars shall be paid prior to the issuance of the first occupancy permit for the Family Inn [which has not been paid as of the date of this Amendment]; (h) The fees required by this Section III.C. shall by paid by Company or Company's successor(s); 0) City agrees that, to the extent feasible, Company's traffic - related payments should be used to finance improvements to components of the City's circulation system impacted by the development authorized by this Agreement. 0) Notwithstanding any contrary provision of this Agreement, to the extent that the foregoing provisions regarding Fair Share fees and Traffic Phasing Ordinance fees are determined to be the basis for requiring the Company to comply with prevailing wage laws as to any construction upon the Property, Company may in its sole and absolute discretion waive the provisions of this Section III.0 so long as any such waiver would not result in a reduction of the Fair Share fees and the Traffic Phasing Ordinance fees which would be payable by the Company under the ordinances of the City of Newport Beach, If Company exercises its rights under this provision to waive the Fair Share fee formula established herein, Company shall pay the Fair Share fee in place as of the date of permit issuance with no offset for the flees previously paid under provisions of this Section III.C. Under no circumstances shall 13 Company pay less than the $560,402 still owing to the City under this Section III.C. D. Science Center Contribution. Company has contributed $20,000 to the City to be used in the construction of the Back Bay Science Center on Shellmaker Island or the enhancement of the natural resources in the Upper Newport Bay Ecological Reserve. Educational programs offered at the Back Bay Science Center shall, to the extent feasible, be made available to Company's invitees and guests. E. Transient Occupancy Tax. Transient occupancy taxes will be imposed, collected, processed, and paid upon guests of the Family Inn and occupants of RV spaces and ARV's in accordance with the provisions of Chapter 3.16 of the Newport Beach Municipal Code, as the same may be amended from time to time. F. Tax and Permit. Company, with respect to any use of the Property which requires the payment of any tax or fee for the issuance of any permit, pursuant to the provisions of the Newport Beach Municipal Code, agrees to pay such fee or tax and/or obtain the required permit and comply with any and all conditions imposed upon the issuance of the permit. G. Grading and Building Permits. Grading and building permits shall be issued by the City of Newport Beach, and shall be issued in accordance with and subject to all City ordinances, including, without limitation, water quality control ordinances. Grading and building permits shall contain appropriate conditions to ensure that construction activities do not adversely impact the citizens of Newport Beach, including, without limitation, designation of specified haul routes, restrictions on hours of activity and installation of erosion control facilities to ensure that silt does not enter Upper Newport Bay from grading or construction activities. N. Design and Construction. Final design and construction of any development authorized by this Agreement shall incorporate the following: (i) A lighting system designed and maintained to conceal the light source and minimize light spillage and glare outside of the Property boundaries; (ii) The incorporation of water- saving devices; (iii) The installation of grease traps in all restaurant and food preparation facilities; (iv) Conformance with energy requirements as specified in Title 24 of the California Administrative Code; 14 (v) Access and fire suppression systems pursuant to City ordinances; and (vi) A landscape plan that emphasizes the use of drought resistant native vegetation, irrigated with a system designed to avoid surface runoff and overwatering, with the landscaping to be installed during the initial phase of construction or as early as practicable once conflicts with other construction activities are resolved. Amplified Music. Amplified music provided in outdoor areas upon the Property shall comply with the recommendations (numbers 1 through 16) set forth in the Wieland Associates, Inc. Evaluation of Noise Levels Generated by Live Entertainment at the Newport Dunes Resort, Newport Beach, dated April 24, 2002 (Revised May 15, 2002 (the "Wieland Study")), a copy of which is attached hereto as Exhibit "B ". V. PROHIBITED USES. The following uses of the Property shall not be permitted: A. Skateboard parks or courses; B. Fireworks displays except when all required governmental permits and approvals are obtained; C, Any land use that is not expressly permitted on the Property pursuant to the City's General Plan, Municipal Code or this Agreement; D. Except in conjunction with outdoor amplified music as otherwise provided in Section III.I. of the Agreement, the use of loudspeakers for paging or announcements outside of any structure provided, however, lifeguards may use equipment for safety and beach control purposes; and E. Except as otherwise provided in Section III.I, of the Agreement, outdoor amplified music. No provision of this Section V.E. shall be deemed to prohibit amplified music within the Family Inn, the restaurant(s) on the Property, meeting rooms or other structures, provided all requirements of the City's Municipal Code are met. VI. MUNICIPAL SERVICES. Section IV of the Original Agreement is hereby amended and restated to read in its entirety as follows: IV. City shall provide a level of municipal services to Newport Dunes that is consistent with that provided other similarly situated properties in the City including, but not limited to, water, fire and police services. lip VII. PROCEDURES. Section VI of the Original Agreement is hereby amended and restated to read in its entirety as follows: Vt. County shall not allow, and Company shall not construct, any development on the Property exceeding that contemplated by this Amendment, without first securing all required permits and approvals from the City of Newport Beach. Any plan for future development, not contemplated by this Amendment, must be accompanied by adequate environmental documentation as required by law, and shall be processed as required by the resolutions and ordinances of the City of Newport Beach. IX. PUBLIC AGENCY APPROVAL. A. The first sentence of Section VII of the Original Agreement is hereby modified to read in its entirety as follows: The Parties acknowledge that the approval of the California Coastal Commission and the State Lands Commission may be required for development of the Property, and County and Company covenant that, in requesting any required approval, they will seek no development in excess of that specifically authorized by this Agreement. B. The third sentence of Section Vil of the Original Agreement is hereby modified to read in its entirety as follows: To the extent that the California Coastal Commission and /or State Lands Commission impose requirements upon County and Company not set forth in, or at variance with, the provisions of this Agreement, County and City agree to consider acceptance and incorporation of same as amendments to this Agreement all said changes and /or variances, so long as said changes and /or variances do not expand or increase the concentration, intensity, density or type of the development as contemplated by this Agreement. C. The notice addresses set forth in Section VII of the Original Agreement for the County and for the Company are hereby amended to be: TO COUNTY: County of Orange OC Community Resources Orange County Parks 13042 Old Irvine Boulevard Irvine, California 92602 TO COMPANY: Newport dunes Marina, LLC 5150 Overland Avenue Culver City, CA 90230 Attention: Warren L. Breslow 16 AND: Waterfront Resort Properties, L.P. 9431 Sunset Boulevard Beverly Hills, CA 90210 -3406 Attention: Herbert M. Gelfand X. SETTLEMENT PAYMENT. The Parties agree and acknowledge that this Amendment is a compromise and settlement of disputed claims, or potentially disputed claims, and that the furnishing of the consideration for this Amendment shall not be deemed or construed as an admission of liability. In full and final satisfaction of any claims or potential claims, perceived, actual, or otherwise, the Parties agree Company shall pay to City the sum of Thirty Thousand Dollars ($30,000) (Settlement Amount "). The Settlement Amount includes, but is not limited to, the costs incurred by the City as a result of the potential claims. XI. WILLFUL DEFAULT. In the event of material and willful default with respect to any term, covenant or promise of the Agreement by Company relating to either the Maximum Allowable Developable Area or the requirement for the obtaining of permits with respect to development upon the Property, which material and willful default continues beyond the cure period set forth in Section X11, below, in addition to the remedy of Specific Performance set forth in Section VIII of the Agreement, City may elect to impose either or both of the following remedies: A. Company shall pay to City upon demand a fine in the sum of Ten Thousand Dollars ($10,000) per occurrence; and B. If such material and willful default continues for an additional period of One Hundred Eighty (180) days following the imposition by the City of the fine set forth in clause A, above, City may require Company to apply for and diligently pursue a Development Agreement (Cal. Government Code section 65864, et seq.), or other appropriate entitlement mutually determined by the City and the Company, for all remaining development or uses contemplated by the Agreement not then completed upon the Property. XII. NOTICE OF RIGHT TO CURE. Failure of either party to observe or perform any term, obligation or provision or Company's failure to comply with the development obligations and limitations herein or to obtain all required permits prior to commencing an activity or event requiring said permit, shall constitute a default or material breach of the Agreement. The non - defaulting party shall provide the defaulting party written notice of the alleged default. The defaulting party shall have 30 days to cure, or if cure cannot be obtained within 30 days, shall commence and diligently pursue said cure within such 30 day period. X111. AFFIRMATION. Except as otherwise expressly amended by this Amendment, the terms and provisions of the Original Agreement shall remain in full force and effect. 17 [Signatures on following page] m Executed the day and year first above written. APPROVED AS TO FORM: Aaron C. Harp -71g , City Attorney for the City of Newport Beach ATTEST: By:_ " W Leilani E. E City Clerk fo rK#7117\.i'F Newport Dunes Marina LLC, a California limited liability company, By: WLB Group GP LLC an CITY OF NEWPORT BEACH, A Municipal Corporation By:lh L L4 h 2t L1 vid Kiff v V City Manager for the City of Newport Beach Special Counsel In Elizabeth Hull Best, Best & Krieger, LLP WATERFRONT RESORT PROPERTIES L.P., a California limited liability company Formerly known as Tahoe Shores, Ltd. By: De Anza Corporation, A California corporation, Its general partners Warren Breslow, Manager By: COUNTY: Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79 -1535 ATTEST:'� + //n Susan Novak, Clerk of the Board of Supervisors Orange County, California Herbert M. Gelfand Chairman of the Board COUNTY OF ORANGE By: Chair, Board of Supervisors 19 APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Dep ty Date r 1 17 Executed the day and year first above written. APPROVED AS TO FORM: M Aaron C. Harp City Attorney for the City of Newport Beach raad:m CITY OF NEWPORT BEACH, A Municipal Corporation =1 David Kiff City Manager for the City of Newport Beach APPROVED AS TO FORM: Special Counsel By: Leilani 1. Brown, By: City Clerk Eli beth Hull est, Best 8, Krieger, LLP COMPANY: Newport Dunes Marina LLC, a California limited liability company, By: WLB Group GP LLC M Warren Breslow, Manager COUNTY: WATERFRONT RESORT PROPERTIES L.P., a California limited liability company Formerly known as Tahoe Shores, Ltd. By: De Anza Corporation, A California corporation, Its general partners By: Herbert M. Gelfand Chairman of the Board Signed and certified that a copy of this COUNTY OF ORANGE document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79-1535 ATTEST: Susan Novak, Clerk of the Board of Supervisors Orange County, California US Chair, Board of Supervisors Executed the day and year first above written. L Aaron C. Harp City Attorney for the City of Newport Beach ATTEST: By: Leilani 1. Brown, City Clerk Newport Dunes Marina LLC, a California limited liability company, By: WLB Group GP LLC By: A -- Warr n Breslow, Manager COUNTY: CITY OF NEWPORT BEACH, A Municipal Corporation David Kifr City Manager for the City of Newport Beach Special Counsel 0 Elizabeth Hull Best, Best & Krieger, LLP WATERFRONT RESORT PROPERTIES L.P., a California limited liability company Formerly known as Tahoe Shores, Ltd. By: De Anza Corporation, kCalifornia corporation, in Herbert M. Gelfand Chairman of the Bc Signed and certified that a copy of this COUNTY OF ORANGE document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79 -1535 By: ATTEST: Chair, Board of Supervisors Susan Novak, Clerk of the Board of Supervisors Orange County, California We Attachments: Exhibit A - Property Exhibit B —Wieland Study Exhibit C —Temporary Enclosure 20 Exhibit A DO r` Exhibit B April 24, 2002 (Revised May 15, 2002) 2et� r +crt ii wars 1;31 Bach Bav Drivr: Newpo , Beach, CA O -b(;0 Protect File 360 -02 St, y_ccs.; l'F s11.1du.5 e! Twoisc ?xdeis Gr ^er:rtec' by t.s�r Cc:4er 1r;:nent •: t OIL' Newport Dunes ke'-ot`, ?ve •,;past Y each D::ar h'M Quinn: X411 t °e request of the Cate a: Nevspo t Beach, t-e Nei.} ix)rt Dunes Resort has applied for a use permit w address its live entertainment events. As put of the permit process, the City has requested that an acoustical study be provided. This repot hi" teen prepared in response to the City's request. Acce-dingly, free €ollmting sections will discuss the applicable noise standards, provide a description of the live entertainment events, a11d provide our findings and recommendations. Cityy of Newport Beach Noise Standards Wi;a n:spect to cont-Aling noise intrusion from the live cntertaimnent events, the City cf 'Newport Beach has two sets of swndards: Chapter 10.6-6 "Communhy A5 -)ise Control", and Chapter 10.32 "Sound- Amplij} ng Equipment. " Each is briefly discussed in the follassiegsections. Chapter 10.26 'i'he City's noise o.dzsanec mndurds (Chaptc a' 10.26) sauce that ihe.0owable avcragr z %tcrior noise tcsel experienced in a residential cc.ect `ss k result of sctivitic= at th. 1c, port Dunes shall not e,\,e d SS dB(:) far ;, i5- minute pond ds ng this dos } °;ime h,�t rs af':Od a. ^. to 1 J: �0 P.m. 1) Ti un ni httinta hou.s, ; ,f 10.170 p,ni. to 7:00 + n:. me aaaDd? xd is S 7 dB(A). Tine ,t Mrnum in + t ,c,uas nose te%e' tha" ti; e":ttr ix 7 aBs A) dun tti ? toe 3r'0 dB(A) d n- he t;i 1 th , _.. Ti the "*tan ent noise revel W-* this staada d� f11 n t,7 .mhlcnt stall he rte st .,d r.1. Ch t:scr ] 0 3? vTietand Assatiat+,,, .drarss(te�sl C,a +unviLb'ttc 'With EL.gx to trc usi: equi mcni, set *'ion 16.32,060, X276 S.uIh t vusace Dyt- !' i.dgraph D .t- as t:: St 7 t • 8!'i.dl .x ,Jj s ° 744' .✓c' nI 1.,';f 4) r.,dS 71 St i; tiuito 114 a bet t- l t a rd r :a: s ?t"c Sti <.i care uz r_ ` fl(, %el Jt "n zier U'Ola 14,91 5 ir.ut uttr_. -i; .R e"'Wpf rc. x Cr SOU W1 t b S, t±i... du vt'w,, t5 no fati: "•t4�8i "D fin`p nn�+.Y.1¢1LTfi,Y35K*C61in Nil PUN'* DUNES hu xt File }6G W unreasonably loud, rmwcus, jarriaig, disturbing or a nulsance to persons whiain the range of allowed audibility." It should be noted that the Chapter 10.32 standards are aualitntive, or subjective, in nature.'Ihat is, there is no quantifiabie limit on the amount u* n atie Yhal e tie N" Vic_ i l 1>+ thv CywipiT;Fi . il� th -I '[ tie hesrd rn: re than 00'f:o;r1he Neu purl rhilaes vents The l 'Lwport Dunes 1'' ) llxr L�peS c'r e, enta rii'at 5 e of concur iii this 4 4 '). Thcse Z. -C the P ivillonlGazebo S,\'fmt.S aria tent cents. i=c ch is des „Ixed in L�c Nllowang se t one. ';"he Newport, Dunes hoe£ four pavilions and en gazebo along, its beached at which outdoci, parties with live entertainment occur. These patties can occur on any day of the t3 e;k, generally between the hours of I2M p.=n. to 4X0 p.rt. and the hours of 5 :ri(7 p.m. to 14.03 p.m. Parties can occur at all four pavilions and the gazebo simultaneously. Each perfornung artist or DJ provides histhr<r own instruments, amplifiers and speakers. To reduce noise levels at the homes in the Dover Shores community, the Nowport Dunes requires that all speakers bo oriented away from the bay, and guards periodically check the noise levels with sound legal meters. Tent Events The ten, is a temporary structure thrt is erected in the boat trtiler parking lot for visiting " ; tc 1ps and local social events. It remains there for a 4- month period during the twintos, and for a month period during the summer. As wi:h the puvi:ion events, cacti group renting the tent hires its own band or D3. The. Newpon Dunes provides , o audio systuais ins-de the vent, therefore, each baud ar DJ most pros ide their own equipment. Since tltc tent events . re nrb°atc, tile lours vary considerably, but rarity axte rid past 121 °i.m, iyp;cal ud:encc iz <t :r,umi,r >: rouitu3 {7 t {70 pc I }I Noise Alettsurenu rats Tt it,unt3fy typ'i:al nurse leveio that are generated by live s;ctcrtainnvrt wt tt.0 (Juti^uor v nu s "nd the tern, the N upor; D,mes h -h d a DJ, rrwcl drum bard Lrd are 1 band to p ni ii�,ite in detaeastr .,c.r ewes cn the eve -'t,g of Apn3 .1,'rlG' 1`tese tests ti,'ere condo, t- d irsi& the test and at Pavilion A, At both lueaiians, ti- D I add hands were -is ed to piai t }ct4a3 sere tens at a riernaal tolunie for ., peraCd ct ?i Seat ten n.inirtes. s �i�le tee t.nt L rsor D v'.; hledei 2gft`l real disk araly� :3.a, c psit.�at.cd 2 a +� distance of _20 feet directly to fr Sant of the DJ m band. At PP.,si iio i' the DJ tnw hLnd ' tr , lcii attc u: ter the canQpivs, l itti their irstnlnte -i 4 Intl rlcl h eir []mind ti ?ward::i P ...,, Coz.,� Her ;way, To, s,cs. „u noise leti, is _} a, x% tsec.ad tvvk.ads- t?le Dover the d1T 1 i '.' N us T),uJ iC7 vat ih4 ", c lrx of i 1 rion'> co .crete. nad it direction of the hon) os. During the te=as two adU Haiti ;.] srr nd Iceiel meters were 2 , flBM7jRT RUNES h gjCa F11C 3W' Oro positioned at nearby residentis! areas to document the v aise lcvcis that. propagated from the Newport Dunes. `i'ltesa positions were staffed by trained personnel to assess the audibility of the demonstration tests. r 1, follows: Note that the sound leve ls measured in the tent and t:t the pavilion have been weighted using both the C- gscale and the more common A cafe. The C -scaic ensures that the lo%- frequency sound enerf? y prott used b} the bass tnstrutnents is properly addressed is this w study. Since the A smle sicmflcamdy minim ..es 1m - frequenQy ruG•e in its c lculasion an overall noise level, the C -cc; It represents a more re:.trictive critetia. Figures I and 2 prow ido raphic rcpresentstiors of the a� emgr and maximum roise le.cis measured iriside 1 h - tent, Tu pe„aively. Peicrring to the figures, it is noted that the roc: rand produced significantly mcr� low- f,`cquency noise thztn either the D3 or the steel drum band. �.,.Y . -s :nr:.c..tcd rre iouL ,[) ", nois° ior. c u1 -x-^ s 1:...e;dso obtat ne4 2t tLA o locations iii ttee C) �f;TTounding ;`,imunily Fhesz iv ,3tiovis atU iCcntil7LC m Figure 3, and U'le rssut of cur measurena;nts arc provided in ahpendi� I. In isneral, the averaze noise hvei (Ley) in the surrtra ,ding community v,:rt.,d from 45 to 51 dBiAl, depending c `_ the mca 1 Ii is Bpi 1U a ,tiro, a.a s3r.iklm 1ti wJ tltr P t -V GCTC ^t . 1FG1'vw8 Pr, iii nCZ,11L' 4'i th4.Se ctaa.,sur,ahle a 3m : x air t trtt. e, Y n pi,Y,ycd a the ti:,^,: or at Pavili an A. i e'r u r7i 7Ul ) :rt l.L° to Ox. Sv; E. :: 1 u ,t7Plll ciuna t 1- T "%ni ,,,,�j n3L ''✓•: .�C c'� ,x s„ Zile, 7 6. tC Ill iDl1. f t i7a tit 'e n k! tt� 7 l iwd !I i ;at t' C 4 FJ le J:s'ur c fl, ", t tilt i i,i is "3t .als.ua,i: .,int ; uat.t ., in ilw ,.t .. §C hon r Putt on ya .Z PF i Ma t3F+tii 7� L rs n c l: c :. ':1o!-'!- '.. l L 'Ss.Ti. , i7F t t:a 7:5 4(.e9 [h of ..e .._ < .i C.Sv hY 7.dao,.. ly t d +..1aL °1 .h G.. the :nil - ,,Uu!d nut b vci,b,c t ni;7 St ,a I , :i. 1 ilion A abnL'- l 7 0 01t i4 S-,9 1 , and i n 't to to the rdc.. GrCT.c nl [' 4t.7[ Y 1 i 'e L.. :,c 1 4ni .:.ih. 7.. l , th;. m'dric lu =el -ou!d t: 3 to 4 , / � � � � � \ I I .......... Co } } � \\ .\ O yYyyy Ilp -pia-I ajn ,.,,mcj punoS pivi-Ilpi u.) 9 ro 1 5 y *.•„ � ��.�a'yy,;, ., � � � � Wyk /r �7 'sd/ t y� yyYl'L+Y•�}` °Cµ{ FF tt �`YY"" :'✓✓..�r}Syla , d f ° / IIII tk \ / NN S / P i` LL 4• are e s IN t E?y rt' »I1L�1 � Imo., Y S 1 »Y ?j. xwffif »» "vi 5CR i fYS(_WY, # e ¢zecu - �ptq.9 St, Y S 1 »Y ?j. xwffif »» "vi 5CR i fYS(_WY, # e ¢zecu - �ptq.9 I O'N cn k Vie[ CO r7sc a NEW dO higher it, Sca island than ;v the rnobile home park. However, this 'does not n fl) mea -tecessar. n that the noire will be audible within Sez Nand, ' ,hich is expcscd to sik,niflcanaly higher ambient noi.sens a result of traffic on Jamboree Road. Based onthe i"N,:�fijLKPT, del',I On, '-wl"; �15T� sc;t IL at pal Jiers' Recwwrivndaiions 102c:B�C be czju.X' "I' !&'J'4s kX 1 95 M;C7 I62 (0 1 92 dBQ 99 dB, C) i 97 dEuQ__ '13 9 �d 5 S b dB (C' , 95 dBkc,j L7 s7 d3(C) 2. Nc%%-por-, Dunes not or porch u a ca:ihroted integrating, sound loci !Ur cap or" r;-=susing, di paving and st-2-ing 1-minute L:q'sl using the C.- lVeightilig 3, The Newpor. Dunes should assig,:} t ne person tc he for calibrating and opemung tl-,t sound level rreter, ecanZ it up at the carious advising the act s) on measured lever., t ,,,:dwa it the crd of tha eleu-, : md providing the f0s panDu"L vM a -cpL rt inmtn -i7��, the mcU r data. 4. fhd sound chx6 thu siidf Si )uld bt it3;vn; bie ;oi :Issis�,ing L": 11 �Torrn-"-, - arIistor Di "Ti slaNishing =Q.Ier arall Pa,i CS !,,)ad sCtting-, that +xili the s(now! Wel standDids. 5, sou;ld chucks should be closely vionituved and kept t* a mhrimum 6. Tho Y(:w, i L Din--% J iou:u' back c.a , -S om th -�� feel :I., c U'S tic � 11„ ,pp opdwe h r to Willy .env to swon mAQ4 MA an WiT r.virus cycricre, Mums hood - ot I'o !xz t" kre Kok 0" n aN, 7. 1 �-.c \ewpn Dam,� gfwo!L� C--770Y %-' a!I�e' U'nsu-r S. 1 he Fiw- u t Avid he wqWwJ ,4 r-ncift ari 13ie r, vs.01 PalS 1. Q� I 111hu.) Inj >;W& WO: Aw Ms. , Le 1: F,,i isltnt ( -, a crn�,z) sour.d ks A. NEWPOR-MM's 9. Portable barriers s' -,cold be placed around the back and sides of the speakers and band ec"Jin-nent as -,ecdcd to control the direction of the Round away from residential c. nwnit c- -, Thtc �.Irnes-S Mt. `"`C Xn trUC,cJ ?Iywk)(+d or Pie +�:,'la or tr 1rn bl"nk';""_ that P!�;,\ io,- a ',niLi Urn tnulzrn;ssion Jass \STQ 7atin.- of 20. tu. Future Contra, Ts with periorming arnists or Dk should identif� the NcivpCr, D,: *.es P--, venuC. All parfor—.r :rs should be made nware of L e uniq a- adings. the ncod to eliminate uuuncccs"-) houn6, dul"no Sound CneAs, a:nd the need to 4onucl 0,e v0ui:.e dhifl1q, the 1—rformanc:e, Thc C. ii. , ,'Wj the :C�C! ,tai dtlrd- !&nl*lf�et! �n 1'e r. Z V\C_ 12. The contracts should cl-arlv State that the -NeNk"Cit DUMS hLill ,,ragculs tes-In - the right to adjust the amplifier and ntixer Nia-,d scaut.gs duHrg an even!, or to stop th� evem entirely, as necdcd to respond to community cumpldm4, or to an of the sound level sumdoxtis. 13. The. Newport Dunes should designate a cumuct. person with a portable phone 'wlut Nvill be responsible for responding to community complaints rqaTtl`ng noise imPacts. The contact person should be on site throughout each event. 11"If a cot nplasnt is received during an event. the Newport Dunes' corunct per. -on should tal.e w7lLtCVCr rensonaHe steps are necessary to ratc,!N - the complaint. Th -- siops may inzlue.- ordunnd that the mixer board and/k,. ajn-,!+fier -,--tdn.-S be loAe.cj, or stopping the ever.t. I 15, In the even" neiic oc-n-,luints are received, a member of the Newport Dunes' staff .hould travel to the cornph-, i nLru's locatiurt to unders'.und the rinturc, of the disturbance. I C in ZCdetal, Lhr'b fi a crit-1-Tairment should not -,-, rc�nni'-ca,,o cx Md IO:UO 13-in. j:,j1 J-ri a -,' d ) 5, Saturdays hoFd N%`Lh the apprfs%al of tine Cit:y', Planning DircCutr on a c%se- b—case watt please feel flee to pail L": at 949/81-9-6,;--2. sin: eml\. ,W4EL,IN DL:,, sd L. Wieland Is m rl}'1'EVDI. l Voice . ffct5ttt¢'Ptk(nts V1 ct rr� cn TVT �.2 I i p.®y Table I. JVDise Survey p "v, rye z: 1 4 Sc;u.:a.`.. I's afffi ; I F) 6 fro— Ubigh "ozk wall SUA Height: 5' LD 712 Slid: 0556 LD CAL15G Catibrator&N: 22,C6 Operator. Jonathan L. 11i,lin,'on 75.0 ------ ----------- ------ ------ ----------------- - ------- ----- ---------------- -- ---- 4c .p -- ---- 4 1 0 WIFL4NDASSOCIATES, L \ c I Ln Ln Ln f-A 513 25 51,4 49X, 49.5 47.6 09 51.1 Una: G 59,5 3. 3 :]. L14 WIFL4NDASSOCIATES, L \ c I Table 2. Noisy Sumv of grt-t f'm, r . 4:15 ilar,+ ll",tancc: I I I . Z"Ies SLM Height 5' LD 712 SAN: 0555 LD CAL150 ca:ibmtor S. N: 3w J,3 Ope,ator: Roben4 R. Wicand 805 ,5.0 7, ------ ------- 6f ------ .5.G z- -------- ------ - 45.c- - -------- 40:a 40 "J PerccDi uf Time Noise Lea s3 is Fxcec,ted La -c fund lltwl eN, :> d-d r:4; c r the WIEL, INDASSOCIAM, nC n. Ln Ln Ln d-_A 25 461_ 50 443 90 99 Laq PerccDi uf Time Noise Lea s3 is Fxcec,ted La -c fund lltwl eN, :> d-d r:4; c r the WIEL, INDASSOCIAM, nC Exhibit C i 0 he }x +rr F r _ r & y40 i FIRST AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT This First Amendment to Amended Newport Dunes Settlement Agreement ( "First Amendment ") is made as of December /g, 1990 by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City ", THE COUNTY OF ORANGE, a Political Subdivision of the State of California, hereinafter "County ", and NEWPORT DUNES PARTNERSHIP, a California partnership, hereinafter "Company ", who agree as follows: 1. This First Amendment is executed in contemplation of the following facts and circumstances: (a) City, County and Company are parties to that certain Amended Newport Dunes Settlement Agreement, dated December 9, 1988 ( "Settlement Agreement "). (b) It is the intent of City, County and Company to amend and modify certain of the provisions and conditions of the Settlement Agreement; it is the express intention of City, County and Company that except as expressly amended or ' modified by the provisions and conditions of this First Amendment, the Settlement Agreement shall remain in full force ' and effect. (c) The capitalized terms used in this First Amendment shall have the same meaning as is otherwise ascribed thereto in the Settlement Agreement. 2. Paragraph I.H is modified to include with the improvements so described a marina club house and storage building, together with appurtenant facilities, constructed in accordance with the requirements of paragraph H.8 of the settlement Agreement. 0 • 3. Paragraph I.H of the Settlement Agreement is hereby amended and modified by adding the following provisions and conditions thereto as paragraph 8: "8. A marina club house and storage building and appurtenant facilities shall be constructed upon the Property. The gross floor area of the office and amenity uses shall not exceed 6,000 square feet and the gross floor area of the storage uses shall not exceed 3,200 square feet. The fitness room within the marina club house shall be no 'larger than the size shown on the approved Conceptual Plans (approximately 475 square feet) and all exercise equipment shall be located within the fitness room. The marina club house shall contain no more than two stories and the storage building shall be limited to one story. The marina club house shall be constructed at or below the northerly prolongation of the sight line drawn from a point five feet above Pacific Coast Highway (along the section shown on the revised schematic site plan) to the top of the north side of the proposed Family Inn. The marina club house and storage building shall be available only to tenants of the marina upon the Property and their guests and access shall be controlled by Company. In the event the City finds evidence that the marina club house and /or storage building are being used by other than tenants of the marina and that additional vehicular traffic is being generated thereby, the City will so advise the County and the County shall as part of its lease administration I 0 0 responsibilities correct the situation to ensure that the traffic impacts do not occur. The marina club house and storage building and appurtenant _facilities shall substantially conform to approved Conceptual Plans on file with the County and City and the architectural theme of the marina club house and storage building and appurtenant facilities shall be consistent with the mediterranean style of existing Phase I improvements on the Prcperty. The pool, courtyard and related areas appurtenant to the marina club house shall be sized, designed and landscaped in substantial conformance with the "preliminary landscape technical plan" on file with the City and County and all landscaping shall be maintained at a height of at least five feet below the highest point of the marina club house. Marina tenants and users shall be prohibited, and their leases shall so provide, from undertaking and otherwise pursuing commercial activities within the marina club house and storage building including boat charters. However, the limitation on charter activities shall not prohibit charters of up to and including six passengers. The marina club house shall include space for marina office personnel and three distinct recreational amenity areas. The amenity areas include a television room, fitness center and club lounge. The storage building shall consist of large lockers, laundry facilities, vending machines and the storage area for marina maintenance equipment." 0 -3- 0 • 1 3. �.xcept as expressly amended or modified by Lhe provisions and condit;ons of this First Amendment, the Settlement Agreement shall and . ?oes remain in full force and effect. CITY BY: �.. V i 4 JA %1-`. 1-`. Mayor S • ty of Newport Beoch POR ATTEST: City Clerk yy��JJ APPOVED ;; TO FORM: [ d1K �r _it�tto -ey -4- 0 COUNTY OA OphNGE The Chairman of it" Board of Supervisors SIGNS ANFD CE;77 _ -�,T A COPY OF 7ii� D�"n"L' `.'•'!T H,-. ^,EI.P.'EFED TO AP PRO > > TO FORM: Tiic C: Ala ?:: ;'. _ 3Q,',RD• Ju am OQ County Coc•.se l Clerk^.d� m2 ^ . -,�;anisxs {{3o COMPANY NEWPORT DUNES PARTNEP.`_;: =p, 1 1 a Cali is partners -le Hy: Anne L. Evans N: \2 \2529 \33220 \' tSTlw i , -4- 0 BOARD OF SUPERVISORS• ORANGE COUNTY, CALIFORNIA MINUTES 0 December 18, 1990 FIRST AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT. WITH NEWPORT DOMES PARTNERS FOR DEVELOPMENT OF A MARINA CENTER: Environ- mental Management Agency requests approval of an amendment to an agreement for development of a marina center. MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez, the Board authorized execution of the First Amendment to the agreement with Newport Dunes Partners. MOTION UNANIMOUSLY CARRIED. AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT THIS AGREEMENT, entered into this rmay of -14 1-1,-4/11 1988, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City," THE COUNTY OF ORANGE, a Political Subdivision of the State of California, hereinafter "County," and NEWPORT DUNES PARTNERSHIP, a California Partnership, hereinafter "Company," is made with reference to the following facts, the materiality and existence of which is stipulated by and between the parties hereto: A. Pursuant to the provisions of Chapter 526 of the California State Statutes of 1919, the State of California granted certain tidelands to County. These tidelands were regranted by the State to the County, pursuant to the provisions of Chapter 415 of the Statutes of 1975. The legislature imposed certain conditions and restrictions on the use of the granted property. The tidelands referred to in these two grants, together with a small parcel of uplands, are described in Exhibit "A" to this Agreement, and are hereinafter referred to as "the Property "; B. Newport Dunes, Inc., formerly a California corporation (NDI) has, in the past, constructed certain recreational and visitor - serving facilities on the property, including the following: (1) A beach, consisting of approximately ten (10) acres, together with concessions to serve beachgoers, such as, fast food stands and businesses which rent beach equipment; (2) A recreational vehicle and travel trailer camping area, with 64 spaces fully serviced by sewer, water and electricity and 80 spaces which are partially served by such utilities; (3) A restaurant known as Anthony's Pier II located on the northwesterly edge of the swimming lagoon and consisting of approximately 7,500 sq. ft. of public area, and a coffee shop, consisting of approximately 2,000 sq. ft. of public area and located on the easterly side of the lagoon in the area of the current boat - launching facilities; (4) Boa *_ and marina - related facilities consisting of approximately 230 slips, a boat repair business, a canvas shop, maintenance storage and dry boat storage area with room for approximately 350 boats and a six -lane boat launching ramp; (5) A structure, located near Anthony's Pier II, consisting of approximately 1,500 sq. ft. which presently serves as the headquarters and equipment yard for Company. C. Commencing in 1976, County and NDI embarked on a process designed to redevelop the property by enlarging or improving existing facilities and constructing new facilities. This process culminated in 1980, with the approval, in concept, of a redevelopment plan for the property which called for the construction of: 2 (1) A motel or family inn; (2) Meeting rooms with a seating capacity for 400 persons; (3) Additional restaurants, coffee shops and snack bars, at least one of which would seat 150 persons; (4) 263 additional boat slips; (5) A "marina village" consisting of approximately 50,000 sq. ft. of commercial and retail development with approximately 20,000 sq. ft. of facilities described as marina amenities; (6) A modern recreational vehicle park; and (7) Other development to support the primary uses. D. The City instituted litigation challenging the County's approval of the redevelopment plan for the property. In 1983, the parties resolved this litigation through a settlement agreement which reduced the size and scope of certain components of the project and obligated County and NDI to comply with provisions of the Building and Zoning Codes of the City. E. NDI has assigned its rights, duties and obligations under the leases and original Settlement Agreement to Company. F. The Orange County Harbor, Beaches and Parks District, which was a party to the original Settlement Agreement, has been dissolved, with County of Orange designated as successor agency, therefore, District is not a necessary or appropriate party to this amended Agreement. M G. The parties to the original settlement agreement have determined that unanticipated delays in constructing the project, a desire to construct a revised project, and changes in the circumstances surrounding the project require execution of an amended settlement agreement. NOW, THEREFORE, the parties hereto agree as follows: I. City, in consideration of the covenants and promises made by County and Company in this agreement agrees to approve the development of the property contemplated in this agreement, (conceptually illustrated on Exhibit "B,") provided County and Company have complied with all conditions precedent to development that are specified in this agreement. The development contemplated in this agreement may proceed in phases as deemed appropriate by Company. The development of the property authorized by this agreement is as follows: A. The construction of a family inn, not to exceed 275 rooms, to be located on the west side of the swimming lagoon subject to the following: 1. The family inn will be designed and constructed with features that will make it attractive to families and these design and construction features shall include, but not necessarily be limited to, the following: (a) Kitchen facilities in approximately forty percent (40 %) of the units; (b) A room containing recreational facilities and equipment for use by the guests of the inn; 4 0 0 (c) No permanent audio /visual facilities or equipment are to be integrated into the design. 2. The area immediately adjacent to the family inn shall be designed, improved and maintained such that it is consistent with the concept of a visitor - serving facility attractive to families. 3. The family inn will be constructed in accordance with the Building and Zoning Ordinances of the City of Newport Beach, all as more fully described in paragraph III -A. 4. The structure which houses the family inn shall not exceed 500,000 sq.ft. of gross floor area (per City standards) inclusive of area used for the service, storage and preparation of food or beverage. B. The construction of a new restaurant on the site previously occupied by Anthony's Pier II, and the construction of restaurant and food serving areas within, or adjacent to, the family inn, subject to the following: 1. Restaurant area within, and adjacent to, the family inn, shall be limited to 12,500 sq.ft. of net public area (per City standards); 2. The restaurant to be constructed on the site formerly occupied by Anthony's Pier II shall be limited to 15,000 sq.ft. of net public area (per City standards). 3. Restaurant and food serving area outside of the structure which houses the family inn shall be limited to 5 those areas which are intended to primarily serve guests of the inn, such as the pool and cabana -area; 4. A substantial portion of restaurant space within the family inn shall be located, designed, maintained and operated such that it principally serves the patrons and guests of the family inn,. with special consideration given to families with children; and 5. The permitted development for restaurant uses may be reapportioned in a manner other than that specified in the preceding paragraphs provided: (a) The reapportionment is on a per square foot basis such that there is no increase in permitted restaurant development; (b) The reapportionment has been reviewed and approved by the County's Director of Harbors, Beaches and Parks /EMA and the Planning Director of the City of Newport Beach; and (c) The reapportionment does not result in a transfer of restaurant development to the east side of the swimming lagoon. C. The construction of a structure or structures which will house commercial, office or retail tenants, subject to the following: 1. The size of new structure or structures shall not exceed a total of 5,000 sq. ft. of gross floor area (per City standards); F.1 2. The tenancy shall be limited to those activities permitted by the lease and with County and Company and which are consistent with the tidelands grants businesses listed on Exhibit "C" to this Agreement. D. The construction of a structure or structures to replace the existing marine repair facility and coffee shop on the east side of the swimming lagoon subject to the following: 1. The structure shall not exceed a total of 7,500 sq. ft. of gross floor area (per City standards); and 2. Approximately 3,000 sq. ft. of the structure shall be utilized as a marine repair facility, with the remaining portion of the structure or structures to be used as a coffee shop and retail uses which support the needs of those using the boat launch or boat storage areas. E. The construction of a meeting room with a seating capacity not to exceed 100 persons to be located on the west side of the swimming lagoon. F. The construction of a structure which will serve as the headquarters for Company, subject to the following: 1. The size of the structure shall not exceed 7,000 sq. ft.; 2. The structure will contain approximately 6,200 sq. ft. of space devoted to office and administrative uses, with the remaining space within the structure to be devoted to parking of equipment, a first aid station and the storage of materials. 7 G. The construction of a recreational vehicle park not to exceed 444 spaces, all of which will have full service capabilities, including electricity, water and sewer, together with a recreational vehicle support center, the center to contain a small convenience store and an equipment rental area (approximately 3,500 sq.ft. of gross floor area), an equipment rental area, recreation /meeting room and clubhouse (approximately 2,900 feet of gross floor area), restrooms, showers and a laundry facility (approximately 2,100 feet of gross floor area), a storage area and swimming pool. H. The construction of approximately 200 boat slips, a pedestrian bridge connecting the easterly and westerly portions of the property, and a pump -out station, subject to the following: 1. mouth of the lagoon, designated represents and approved a water the construction of swimming lagoon; No boat slips shall be constructed in the or in the lagoon itself, until such time as itives of the City and County have reviewed quality study which considers the effects of boat slips on the water quality in the 2. Boat slips constructed in the mouth of the lagoon, or within the lagoon itself, shall not accommodate boats exceeding 28 ft. in length; 3. Boat slips constructed in the mouth of the lagoon, or in the lagoon itself, shall be designed and constructed 0 • to ensure that there is minimal interruption of the tidal flow in and out of the lagoon; 4. overnight occupancy of boats moored in the ! mouth of the lagoon, or in the lagoon itself, is prohibited and County and /or Company shall take all action necessary to ensure enforcement of that prohibition; 5. The pedestrian bridge which is to be constructed across the mouth of the swimming lagoon will be elevated above the water surface, built on pilings, and designed to minimally restrict tidal flows in and out of the lagoon and permits the entry of dredging equipment (such as removable center section); 6. A pumpout station shall be constructed at a location convenient to boaters with a sufficient capacity to service any boat for which slip or mooring space is available on the property; and 7. Company may charter vessels for commercial purposes from a location on the west side of the swimming lagoon subject to issuance, by City, of a commercial harbor activities permit and compliance with all City ordinances. II. Company shall retain, and in certain cases upgrade and /or add to, certain existing facilities and uses, as follows: A. The existing dry boat storage capacity may be increased to no more than 400 units. During the first phase of construction, all dry boat storage shall be at surface level. If additional spaces are to be provided, the increase may be 9 accomplished by the construction or installation of a facility that will allow stacking of small boats. The storage facility will be covered and will be administered in a manner that will insure adequate security of private property; B. Company shall restripe the existing six -lane launch ramp to at least seven 15' lanes, and retain, or upgrade, the washdown facilities located in proximity to the launch ramp; C. Company shall provide at least 185 boat - trailer parking spaces in proximity to the boat launch area. These spaces shall be used for vehicles and trailers using the boat launch facilities, and by patrons of the marine service building and dry boat storage facility, and to extent space is needed and available by beach users when day -use parking area is filled. D. County and Company shall preserve substantially all of the existing beach area and retain and assure the continuing operation of concessions and facilities which serve beachgoers, including, but not limited to, boat and equipment rentals, fast food stands, lifeguards, and picnic area. At least 645 day use area parking spaces, in addition to parking spaces specified elsewhere in this Agreement, will be made available for persons using the facilities. No more than 25% of the parking spaces shall be designated for use by compact vehicles and compact spaces shall be distributed evenly throughout the parking area. E. Company shall provide for overnight camping use and all related facilities in the recreational vehicle park areas. 10 III. Company, in consideration of the commitment of City to approve the contemplated development as generally described in this Agreement, stipulates and agrees as follows: A. Company agrees to design and construct all new development in accordance with the applicable Building and Zoning Ordinances of the City of Newport Beach and, specifically, agree to construct new development in conformance with the following: 1. No structure, nor any portion of the structure, shall exceed a height of 38.5 feet. Mechanical equipment may be permitted in excess of the basic 35 foot height limit provided the equipment does not exceed a height of 38.5 feet and is fully screened from public view. No structure shall exceed three (3) stories and the family inn shall be constructed with a pitched roof. Chimneys and vents are permitted to exceed the height limit specified in this paragraph only to the extent required to comply with state law or local ordinances; 2. Except as otherwise provided in this agreement, parking for all new development will be in conformance with the parking standards of the City of Newport Beach as set forth in Chapter 20.30 of the Newport Beach Municipal Code; and 3. All signs and sign structures shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. B. Company shall comply with the Traffic Phasing Ordinance and Fair Share Ordinance of the City of Newport Beach. Company shall have satisfied Traffic Phasing and Fair Share 11 requirements upon payment of the sums specified in this section. , Amendments to the Traffic Phasing or Fair Share Ordinance which would otherwise increase the fees to be paid by County or Company shall not be applicable to the development contemplated in this agreement. The appropriate method and time for the payment of these fees has been difficult to determine in that: (1) while the early phases of development will not generate substantial levels of traffic over and above those which now exist, infrastructure necessary to accommodate the family inn and other traffic intensive uses will be constructed during the initial phases of the project; and (2) the number of building and grading permits required for each phase of the project, and the potential that development within each phase will not proceed at the same time, make it extremely difficult for the parties to determine what percentage of Traffic Phasing or Fair Share Fees should be paid in conjunction with any specific permit. The method of payment specified in this Agreement represents the parties best efforts to establish a fee schedule consistent with the intent of the Fair Share and Traffic Phasing Ordinances. 1. Company shall pay $600,000 to comply with the provisions of the Traffic Phasing Ordinance. This sum will be used to reimburse the City for a portion of the $2,058,000 spent to date, and the additional $724,000 to be spent in the 1988 -89 1 fiscal year, on circulation system improvements which were required, in part, because of traffic generated by this project. Company and County have benefitted by the City's early 12 construction of these improvements which were to have been funded, in part, by the $600,000 payment required by the original agreement. 2. Company shall pay Fair Share fees in the sum of $235,402. This fee is based upon "new traffic" of 5,213 average daily trips, multiplied by the current rate of $99.27 a trip and reduced by a credit of $282,902 for master plan circulation system improvements funded by the Traffic Phasing Ordinance payments required by this Agreement. 3. The Fair Share and Traffic Phasing Ordinance fees required by this Agreement shall be paid as follows: a) The sum of Twenty Five Thousand ($25,000) Dollars concurrent with the execution of this Agreement; b) The sum of Seventy Five Thousand ($75,000) Dollars prior to the issuance of the first building permit for any of the projects described in Phase 1 (RV Park, Day Use, Boat Launch, Boat Storage, Marine Repair Facility, Coffee shop and Operations Center); c) The sum of Seventy Five Thousand ($75,000) Dollars prior to the issuance of the first occupancy permit for any project described in Phase 1; d) The sum of Five Hundred ($500) Dollars per slip to be paid prior to the issuance of the final building or harbor permit necessary to the construction of the slips (the Fair Share and Traffic Phasing fees totalling $835,402 13 have been calculated on the assumption that 200 new boat slips will be constructed. In the event less than 200 boat slips are constructed, the Traffic Phasing and Fair Share fees required by this Agreement shall be reduced by a sum equal to the difference between the 200 slips predicted and the actual number constructed multiplied by $500.) e) The sum of Fifty Thousand ($50,000) Dollars prior to the issuance of the first building permit for the first building permit for the construction of a restaurant on the site formerly occupied by Anthony's Pier II; f) The sum of One Hundred Thousand ($100,000) Dollars prior to the issuance of the first building permit for the family inn; g) The sum of Four Hundred Ten Thousand Four Hundred Two ($410,402) Dollars prior to the issuance of the first occupancy permit for the family inn. 4. The fees required by the preceding paragraph shall be paid by Company or by Company's sublessee. 5. The County, City and Company will meet and confer on the specific circulation system improvements to be financed by Company's payment of the Fair Share and Traffic Phasing fees required by this Agreement, to the extent funds remain after consideration of improvements previously made by City. The parties acknowledge that, to the extent possible, Company's payments should be used to finance improvements to those 14 s • components of the City's circulation system most heavily impacted by the development authorized in this Agreement. C. Company shall construct an interpretive center to be located near the northeast corner of the property. The function of the interpretive center shall be the provision of information and educational materials relative to the Upper Newport Bay Ecological Reserve. Educational programs offered by the interpretive center shall be coordinated with the Department of Fish and Game and the interpretive center shall be integrated into a trail system, approved by the Department of Fish and Game, that will allow interested persons access to portions of Upper Newport Bay. D. Company agrees to construct a launching area for human - powered and small sail craft and this launch area shall be of sufficient size to accommodate, at a minimum, the current use of the area for the launching of small sail boats and human - powered craft by members of non - profit organizations such as the Boy Scouts, Girl Scouts or similar organizations. E. Company shall construct a bike trail, the design, width and location of which is subject to the approval by the County's Director of Harbors, Beaches and Parks /EMA and the City Engineer, connecting Back Bay Drive with Bayside Drive. No admission or user charge shall be imposed upon persons for use of trail. Bicyclists shall be allowed access to the interpretive center. Company shall install bike racks along the trail adequate in number to accommodate demand. The bike trail may be 15 used by the City, County and other public entities engaged in constructing, repairing or maintaining public facilities or landscaping. The bike trail shall be designed to allow convenient access for public vehicles engaged in the maintenance and repair work. F. Transient occupancy taxes will be imposed upon users of the family inn and recreational vehicle park in accordance with the provisions of Chapter 3.16 of the Newport Beach Municipal Code. Transient occupancy taxes will be collected, processed, and paid in accordance with the provisions of Chapter 3.16 of the Newport Beach Municipal Code. G. Company, with respect to any use of the property which requires the payment of any tax or fee, for the i issuance of any permit, pursuant to the provisions of Title 5 of the Newport Beach Municipal Code, agrees to pay such fee or tax and /or obtain the required permit and comply with any and all conditions imposed upon the issuance of the permit; H. The following uses of the property shall not be permitted: 1. Skateboard courses; 2. Fireworks displays except as approved by the City Council of Newport Beach; 3. Small animal or reptile zoo; 4. The use of loudspeakers for paging or announcements outside of any structure provided, however, 16 lifeguards may use such equipment for safety and beach control purposes; and 5. Amplified music, except in the family inn or other structure, and in no event shall amplified music provided by Company, its lessees, licensees or operators of the property, exceed 55 dbs when measured at a point 50 ft. distant from any exterior wall. I. Grading and building permits shall be issued by the City of Newport Beach and may contain appropriate conditions to ensure that construction activities do not adversely impact the I citizens of Newport Beach. Such conditions may include, but are not necessarily limited to, the following: 1. Designation of specified haul routes; 2. Restrictions on hours of activity; and 3. Installation of erosion control facilities to ensure that silt does not enter the Bay from the construction site. J. Final design of the project shall incorporate the following: 1. A lighting system designed and maintained to conceal the light source and minimize light spillage and glare offsite; 2. The incorporation of water - saving devices; 3. The installation of grease traps in all restaurant facilities; 17 4. Conformance with energy requirements as specified in Title 24 of the California Administrative Code; 5. Access and fire suppression systems in accordance with the requirements of the Fire Department of the City of Newport Beach; and 6. A landscape plan which emphasizes the use of drought resistant native vegetation, irrigated with a system designed to avoid surface runoff or overwatering, with the landscaping to be installed during the initial phase of construction or as early as practicable once conflicts with other construction activities are resolved. IV. City agrees to provide a level of services to Newport Dunes appropriate to the uses developed on the site and consistent with that provided other properties in the City, including, but not limited to, water, fire and police. V. The promises and commitments of the parties as set forth herein, are intended to bind the parties now and in the future. The parties understand that this Agreement is similar to a Joint Powers Agreement, and, as such, contains commitments of both City and County sufficient to bind future boards and i councils, notwithstanding any change in the composition thereof. City and County hereby expressly waive and give up any right to challenge the validity of this Agreement, or any specific term or condition hereof, based upon the contention that the legislative bodies of cities or counties are not empowered to bind future boards or councils, and each of the parties hereto stipulates that , 019 i ! the consideration set forth in this Agreement is adequate to support this waiver. VI. County shall not allow, and Company shall not I, construct, any development on the property exceeding that contemplated by this Agreement, without the concurrence of the City Council of the City of Newport Beach. Any plan for future development, not contemplated by this Agreement, must be accompanied by adequate environmental documentation as required by law, and will be processed through the Planning Commission and City Council of the City of Newport Beach in accordance with the provisions of Chapter 20.80 of the Newport Beach Municipal Code. VII. The parties hereto recognize that the approval of the California Coastal Commission and the State Lands Commission, will ' be required for development of the property, and County and Company covenant that, in requesting such approval, they will seek no development in excess of that contemplated herein. City upon request by County or Company agrees to notify, in writing, all agencies which are required to approve the development contemplated in this Agreement of its support and City will endeavor to appear at public hearings before any Board or Commission reviewing a proposal for such development or any portion thereof, to express its support for the project. To the extent that the California Coastal Commission and /or State Lands Commission impose requirements upon County and Company not set forth in, or at variance with, the provisions of this Agreement, County and City agree to accept and incorporate as amendments to , 19 this Agreement all said changes and /or variances, so long as said i changes and /or variances do not expand or increase the concentration, intensity, density or type of the development as contemplated by this Agreement. All parties understand that this Agreement is intended to establish the limits of development and not to guarantee construction or development. County and Company shall endeavor to notify City of any public hearing or meeting which may relate to the development contemplated by this Agreement at least ten (10) days prior to the date of such meeting or hearing. Notice shall be given as provided in this Agreement. To City: City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 To County: Director, Harbors, Beaches and Parks /Orange County Environmental Management Agency P.O. Box 4048 Santa Ana, CA 92702 To Company: Newport Dunes Partnership c/o David Cherashore 998 West Mission Bay Drive San Diego, CA 92109 VIII. This Agreement is in furtherance of a plan for redevelopment of the property. County and Company seek to transform underused portions of the property to their economic advantage by constructing visitor - serving facilities of greater intensity than now exist. City seeks to obtain certain offsite benefits, including, among others, circulation system improvements. All parties agree and recognize that it will not be practical to restore this property to its previous state once any 20 significant portion of the contemplated development is undertaken. The parties hereto have made significant and irrevocable commitments and have each given up certain rights and powers in order to achieve this agreement. The parties agree that damages would not be an adequate remedy for the failure of one of the parties to carry out its obligations under this Agreement, both because the property and this Agreement are unique, and because it would be very difficult to estimate the amount of damages which could, or would, properly compensate the other parties in the event of such failure or breach. Thus, the parties agree that specific performance, rather than damages, is the only remedy which would adequately compensate the other parties in the event of the failure of one party to comply with its duties and obligations as set forth in this Agreement. IX. In the event Company fails to comply with its obligations pursuant to this agreement, County shall have the right to perform and shall be entitled to the rights and benefits confered thereby. X. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. XI. No modification, amendment or other change in this Agreement or any provision thereof shall be affected for any purpose unless specifically set forth in writing and signed by a 21 duly authorized representative of the parties hereto. Executed the day and year first above written. ATTEST: 1 City Clerk / APP ED AS TO FORM: 22� ity Attorney CITY By: Mayor City of Newport Beach 22 APPROVED AS TO FORM: County Counsel 1171Z:r'T /l'�-'r COUNTY OF ORANGE By• ' The Chairman of its Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN D-LIVERED TO THE CHAIRMAN OF THE BOARD. LINDA 0. ROSERTS DEC 13 1988 Clerk of the,8oardof Supervisors COMPANY County of Orange, California NEWPORT DUNES PARTNERSHIP A California Partnership By: Da 44 Choy ^chn_..,_. 23 `YZ Cf/ �A -N.,IP FL3�.' [EGA[ CL•,,^C.? /GTiO: ✓ CF G..'A�'Gb C'GCIi /TY .Y,9.h'B:JR OitT. OFF.'f_ <S .G�= A�PiNGS e�icsririCES ��::' ti�== CC..�OS GF C+G/INGt CO. ,VA•Q:`CA' boo o Soo l000 GRAPHIC I pit l6 ly � u CGti' i I At alt 53-36 c A 60. Y /G 8Jr AD,uO /CATEO GRDiA,A.PY T /DE <iivE, Su,�i4�O.F \COGRr CF D,QgNGE COUNTY, GL�CRtE ht7.,ZOf36 /• 1 -F� ORILYCzd- COU/✓rY A14R,6OR 01ST•4 1Cr liRED6711Y6 //NG.Pol lw.CiVr Z /NE. O F` P .q C rJ �R - --� . LOT NO. 2 / S E C. 26 p ' /;, j y , - 1 ;aND" , Pc -'r f Oe G %NNiNGf v � ' FPS " CI I/ EXHIBIT A FEB. 1,{ °58 EA" i •• NEWPORT DUNES LAND USE PLAN I FAMILY INN a) 275 rooms, 35 ft. height limit b) 2 meeting rooms -100 person occupancy II RECREATIONAL VEHICLE PARK a) 444 existing spaces, upgraded to full hookups b) 20 reserved for late arrivals c) RV Support Center 1) grocery, propane, RV accessories, beach gear, camping equipment 2) showers, laundry 3) swimming pool, children's pool 4) group picnic areas III CAMPGROUND a) day use b) overnight IV DA a) b) c) d) e) f) Y USE swimming beach boat rentals picnics, beach games parking snack bars lifeguards V HEADQUARTERS(OPERATIONS CENTER a) 4,000 sq. ft. existing b) 1,500 sq. ft. new (relocate San Diego computer facility) c) operations, accounting, lifeguard headquarters, equipment storage, first aid, security VI MA a) b) C) d) e) RINA 100 slips additional water quality study pedestrian bridge on pilings boat holding tank pump out station dredging program VII DRY BOAT STORAGE a) b) C) d) e) f) g) h) 400 units stacked, covered storage 24 hour security launch ramp -six lanes marine repair holding tank pump out gas dock wash rack EXHIBIT 2 JS VIII MARINA BUSINESS a) 14,000 sq. ft. existing b) 10,000 sq. ft. new IX INTERPRETIVE CENTER a) history and ecology b) consistent with DFG program c) human powered craft opportunities d) coordinated with bicycle /hiking trails X BIKE TRAIL a) connecting Back Bay to Bayside b) no charge for pass through EVANS RESORTS a) operated Newport Dunes for over ten years b) local owner /operation of new facility, including Family Inn c) Bahia Resort, Mission Bay, San Diego d) Catamaran, Mission Bay, San Diego EA4a '1 i V • 0 0 6 (--ace 3 of 3) V 04 EXHIBI T • 0 Proposed Marine Business /Commercial Use The Purpose of the Marine Business /Commercial use is to provide facilities needed by the public as permitted by the State Tidelands Grant and Lease Agreements with the County of Orange. The Newport Dunes will maintain and operate a retail shopping complex and adequately provide the following services and facilities: 1. Ships Channelry and facilities for other appropriate marine oriented merchandising and services businesses such as equipment, supplies and marine service station. 2. An enclosed building space for appropriate general merchandising and services businesses such as marine /recreation clothing, renting, instruction and beach equipment. The preceding list of potential uses is intended to identify the types of marine - oriented services which may occupy facilities at the Newport Dunes. The business types are listed to identify typical uses and is not meant to include all potential uses. The actual tenants will be marine - oriented services which will serve both Newport Dunes customers and boating enthusiasts. SETTLEMENT AGREEMENT AMENDMENT THIS SECOND AGREEMENT AMENDMENT, entered into this c�eag_day of u:r , 19.J/, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City," THE COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter "County," and NEWPORT DUNES, INC., a California Corporation, hereinafter "Corporation," and the ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, organized pursuant to Division 8, Part II of the Harbors & Navigation Code, hereinafter "District," is made with reference to the following facts, the materiality and existence of which is stipulated by and between the parties hereto: A. County is currently leasing 72 -acre Newport Dunes Aquatic Park, hereinafter referred to as "the property," to Corporation under a 50 -year lease agreement dated February 25, 1958. Corporation has constructed various recreational and visitor - serving facilities located on the property pursuant to lease provisions. B. Litigation was instituted by City in 1981 in response to County's approval of proposed general redevelopment plans for the property. Subsequent negotiations between all interested parties resulted in a Settlement Agreement, approved by the Board of Supervisors on May 17, 1983. Among the provisions described therein, the Settlement provides for City and County to annually review parties' performance of the agreement through the Joint Harbor Review Committee and for said Committee to prepare a report for the City Council and Board of Supervisors. C. City, County, and Corporation now wish to amend the Settlement to delete the requirement for an annual review and report by the Joint Harbor Review Committee, in consideration of the fact that said Committee has not been duly organized and that adequate administrative mechanisms exist to conduct such review and prepare reports as may be necessary once project implementation begins. -1- 6 NOW, THEREFORE, the parties hereto agree to amend Section IX to read as follows: "City and County shall periodically review the parties' performance of this Agreement. In connection with such review, each party shall have a reasonable opportunity to discuss matters which it believe have not proceeded in accordance with this Agreement, to receive from the other party information relating to its position on such matters, and shall seek to resolve such matters by negotiation." - ^- Executed the day and year first a ATTES u. City Cle A[PPROOVVED AS TO ORM: f � City Attorney APPROVED AS 7JIFORMM ` County Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Linda Roberts Clerk of the Board of Supervisors of Orange County, California 11 COUNTY OF ORANGE By: The Chairman of its Board of Supervisors DISTRICT ORANGE COUNTY HARBORS, BEACHES AND PARRS DISTRICT By: The Chairman of its Board of Supervisors NEWPORT DUNES, INC. A California Corporation By: DR:bhPRF01 -7 -3- 6353 SETTLEMENT AGREEMENT C THIS AGREEMENT, entered into this I day of , 1983, by and between THE CITY OF NEWPORT BEACH, a Municipal 4coporation and Charter City, hereinafter referred to as "City ", THE COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter "County ", and NEWPORT DUNES, INC., a California Corporation, hereinafter "Corporation ", and the ORANGE COUNTY HARBOR, BEACHES AND PARRS DISTRICT, organized pursuant to Division 8, Part II of the H & N Code, hereinafter "District ", is made with reference to the following facts, the materiality and existence of which is stipulated by and between the parties hereto: A. Pursuant to the provisions of Chapter 526 of the California State Statutes of 1919, the State of California grant- ed certain tidelands to County, which grant was subject to cer- tain conditions and restraints on the use of the property. These tidelands were regranted by the State to the County, pursuant to the provisions of Chapter 415 of the Statutes of 1975, this grant again subject to certain conditions and restraints on the use of the property. The tidelands referred to in these two grants, together with a small parcel of uplands, are described as set forth in Exhibit "A" to this Agreement, and are hereinafter referred to as "the property "; B. County has improved the property with certain pub- lic recreational facilities, including a lifeguard headquarters building and public restroom; C. County has leased the property to Corporation pur- suant to two 50 -year leases which run to May 30, 2008 and February 28, 2015, respectively; D. Pursuant to these leases, Corporation has improved the property such that certain recreational and visitor - serving facilities are now located on the property. These facilities include the following: i) A beach, consisting of approximately eleven acres, together with concessions to serve beachgoers, such as, fast food stands and businesses which rent beach equipment; ii) A recreational vehicle and travel trailer camping area, with 64 spaces fully serviced by sewer, water and electricity and 80 spaces which are partially served by such utilities; iii) A restaurant known as Anthony's Pier II locat- ed on the northwesterly edge of the swimming lagoon and consist- ing of approximately 7,500 sq. ft. of public area, and a coffee shop, consisting of approximately 2,000 sq. ft. of public area and located on the easterly side of the lagoon in the area of the current boat - launching facilities; iv) Boat and marina - related facilities consisting of approximately 230 slips, a boat repair business, a canvas shop, maintenance storage and a dry boat storage area with room for approximately 350 boats and a six -lane boat launching ramp; V) A structure, located near Anthony's Pier II, consisting of approximately 1,500 sq. ft. which presently serves as the headquarters and equipment yard for Corporation. E. Commencing in 1976, County and Corporation embarked on a process designed to redevelop the property by enlarging or improving existing facilities and constructing new facilities. This process culminated, in 1980, with the approval, in concept, of a redevelopment plan for the property which called for the 3 construction of a motel or family inn with 350 rooms, construc- tion of "meeting rooms" with a seating capacity of 400 persons, the construction of four additional coffee shops and snack bars, at least one of which would seat 150 persons, construction of 263 additional boat slips, the construction of a "marina village" consisting of approximately 50,000 sq. ft. of commercial and retail development, the construction of approximately 20,000 sq. ft. of facilities described as "marina amenities ", the construc- tion of approximately 12,000 sq. ft. of unspecified, commercial development, the upgrading and enlarging of the recreational vehicle area, and the construction of other development to sup- port the primary uses; F. In February, 1981, the City instituted litigation in response to the approval of County of the redevelopment plan for the property. This lawsuit is presently pending in Orange County Superior Court (Case No. 35- 01 -35) and seeks a declaration of that Court that the approval of the redevelopment plan by County was in violation of provisions of the California Environ- mental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant to that legislation. City, in 4 its complaint, also seeks a declaration of that Court that the property, and the proposed construction of recreational facilities, is subject to the ordinances of the City and that any construction on the property must be approved by the City; G. Subsequent to the filing of the lawsuit, all of the interested parties have engaged in a collective discussion with the intention of resolving all of the issues and concerns raised by the redevelopment plan and the litigation instituted by City. The development authorized by this agreement, and as conditioned by this Agreement, resolves these issues and concerns in that: (i) The changes in the project, the requirement of City concurrence in any additional development, and the binding nature of this Agreement, mitigate, to an acceptable level, any adverse environmental impacts that may result from the construction of the improvements contemplated by this Agreement. (ii) The development contemplated by this Agreement is in the nature of proprietary activity and the binding commit- ments to obtain City concurrence for additional development, are adequate to fully protect the health, welfare and safety of the citizens of Newport Beach; 5 (iii) The commitments contained in this Agreement will resolve, the issues relative to land use control of the property without the undue expenditure of taxpayers' funds and the uncertainty that would result from continued litigation of those issues. NOW, THEREFORE, the parties hereto agree as follows: I. City, in consideration of the covenants and pro - mises of County and Corporation agrees to development of the property not exceeding that described herein and conceptually illustrated on Exhibit "B", and provided further, that development may proceed in phases as deemed appropriate by Corporation: A. The construction of a family inn, not to exceed 275 rooms, to be located on the west side of the swimming lagoon subject to the following: 1. The family inn will be designed and constructed with features that will make it attractive to families and these design and construction features shall 0 include, but not necessarily be limited to, the following: (a) Kitchen facilities in approximately forty percent (408) of the units; (b) A room containing recreational facilities and equipment for use by guests of the inn; (c) No permanent audio /visual facilities or equipment are to be integrated into the design. 2. The area immediately adjacent to the family inn shall be designed, improved and maintained such that it is consistent with the concept of a visitor - serving facility attractive to families. 3. The family inn will be constructed in accordance with the Building and Zoning Ordinances of the City of Newport Beach, all as more fully discussed in paragraph III - A below. 7 0 4. The structure which houses the family inn shall not exceed 500,000 sq. ft. of gross floor area as that term is defined by the ordinances of the City of Newport Beach; B. The construction of two additional restaurants, and the expansion of Anthony's Pier II, or a successor restaurant, subject to the following: 1. One of the restaurants is to be a quality dinner house, with a net public area (per City standards), not to exceed 5,000 sq. ft., the restaurant to be sited on the east side of the swimming lagoon; 2. The second restaurant, which will consist of a net public area, (per City standards) no greater than 7,500 sq. ft., shall be designed, maintained and operated such that it serves, principally, the patrons and guests of the family inn, and special consideration 19 shall be given to families and children in the operation of that restaurant; 3. The expansion of Anthony's Pier II shall be limited such that the total net public area (per City standards) shall be no greater than 15,000 sq. ft. C. The construction of structures which will house commercial, office or retail tenants, subject to the following: 1. The size of new structures shall not exceed 10,000 sq. ft. of gross floor area; 2. One structure shall be located near the existing Marina Dunes office building, on the west side of the swimming lagoon and in proximity to the existing boat slips; 3. A second structure shall be located on the east side of the lagoon, near the pedestrian bridge; E • 4. The tenancy shall be limited to those businesses listed on Exhibit "C" to this Agreement. D. The construction of two meeting rooms with seating capacity not to exceed 100 persons each, one of which will be located on the east side of the swimming lagoon. E. The construction of a structure which will serve as the headquarters for Newport Dunes, Inc., subject to the following: 1. The size of the structure shall not exceed 12,000 sq. ft.; 2. The structure will contain approximately 6,000 sq. ft. of space devoted to office and administrative uses, with the remaining space within the structure to be devoted to parking of equipment, a first aid station and the storage of materials. 10 n U F. The construction of a recreational vehicle park not to exceed 444 spaces, approximately 808 of which will have full service capabilities including electricity, water and sewer, together with a recreational vehicle support center of approximately 5,000 sq. ft., the center to contain a small convenience store, equipment rental area, recreation room, restrooms and showers, a laundry facility, a storage area and swimming pool, all subject to the following: 1. At least 20 spaces in the recreational vehicle park will be reserved for use by those who have not made reservations for space in the park, provided that those 20 spaces may be located in areas without full service capability and, provided further, that the Corporation may accept reservations for those not occupied on or before 3:00 p.m.; 11 2. Users of the recreational vehicle park will have preferential use of the meeting room constructed on the westerly side of the swimming lagoon. G. The construction of approximately 200 boat slips, a pedestrian bridge connecting the easterly and westerly portions of the property, and a pump -out station, subject to the following: 1. No boat slips will be constructed in the mouth of the lagoon, or in the lagoon itself, until such time as the City /County Joint Harbor Review Committee has reviewed and approved a water quality study which considers the effects of the construction of boat slips on the water quality in the swimming lagoon; 2. Boat slips constructed in the mouth of the lagoon, or within the lagoon itself, shall not accommodate boats exceeding 28 ft. in length; 12 E F, -I LJ 3. Boat slips constructed in the mouth of the lagoon, or in the lagoon itself, shall be designed and constructed to ensure that there is minimal interruption of the tidal flow in and out of the lagoon; 4. Overnight occupancy of boats moored in the mouth of the lagoon, or in the lagoon itself, will be prohibited and all action necessary to ensure enforcement of that prohibition will be taken; 5. The pedestrian bridge which is to be constructed across the mouth of the swimming lagoon will be elevated above the water surface, built on pilings, and designed in such a manner as to minimally restrict tidal flows in and out of the lagoon; 6. A pumpout station shall be constructed at a location convenient to boaters with a 13 0 0 sufficient capacity to service any boat for which slip or mooring space is available on the property. II. Corporation shall retain, and in certain cases upgrade and /or add to certain existing facilities and uses, as follows: A. The existing dry boat storage capacities shall be increased to not more than 400 units, the increase to be accomplished by the construction or installation of a facility that will allow stacking of small boats, the storage facility will be covered and will be administered in a manner that will assure adequate security to private property stored therein; B. Corporation shall re- stripe the existing six - lane launch ramp to ten lanes, and retain, or upgrade, the washdown facilities located in proximity to the launch ramp; 14 C. Corporation shall maintain the existing marine repair facility located in proximity to the boat launch ramp; D. County and Corporation will preserve all of the existing beach area and retain and assure the continuing operation of concessions which serve beach - goers, e.g., boat and equipment rentals, fast food stands, lifeguards, picnic areas, etc. At least 800 parking spaces will be set aside and made available for persons using the beach during the day. E. Corporation shall provide for overnight camping use and all related facilities. III. Corporation, in consideration of the commitment of City to approve the contemplated development as generally described in this Agreement, stipulates and agrees as follows: A. Corporation agrees to design and construct all new development in accordance with the applicable Building and Zoning Ordinances of the City of Newport Beach and, specifically, 15 agree to construct new development in conformance with the following: 1. No structure shall exceed the basic 35 ft. height limit established by Zoning Ordinances of the City of Newport Beach; 2. Parking for all new development will be in conformance with the parking standards of the City of Newport Beach as set forth in Chapter 20.30 of the Newport Beach Municipal Code; 3. All signs and sign structures shall con- form to the provisions of Chapter 20.06 of the Newport Beach Municipal Code; B. Corporation agrees to contribute the sum of $600,000 to City to be used to construct circulation system improvements to mitigate the traffic impacts created by development of the project, this contribution to be subject to the following: 16 0 1. On or before January 1, 1984, County and City shall agree on the specific traffic mitigation measures to be financed by Corporation's payment pursuant to this paragraph and the approximate dates on which construction of the improvements is to commence; 2. The sum of $600,000 represents a contri- bution of $1,500 per room, with the re- mainder of the contribution predicated upon the additional traffic generated by the other development proposed for the property; 3. Payment of the sum of $600,000 shall be made in increments, in accordance with the following schedule: a) The sum of $150,000 to be paid upon issuance of building permits; b) The sum of $150,000 to be paid upon completion of the foundation work for the family inn; 17 0 0 c) The sum of $150,000 to final inspection of construction, e.g., electrical, framing and property; and d) The sum of $150,000 to be paid upon all rough plumbing, roofing; and be paid upon issuance of a Certificate of Occupancy. 4. The sum of $600,000 represents the minimum sum that would be required for circulation system improvements to mitigate the traffic impacts identified in the traffic study, prepared by Kunzman & Associates and attached as Exhibit "D" on behalf of Corporation in January, 1983. This contribution is in lieu of compliance by County and Corporation with the City's Traffic Phasing Ordinance; C. Corporation shall construct an interpretive center, to be located near the northeast F corner of the property, the function of the interpretive center to be the provision of information and educational materials relative to the Upper Newport Bay Ecological Reserve. Educational programs offered by the interpretive center shall be coordinated with the Department of Fish and Game and the interpretive center shall be integrated into a trail system, approved by the Department of Fish and Game, that will allow interested persons access to portions of Upper Newport Bay. D. Corporation agrees to construct a launching area for human - powered and small sailcraft and this launch area shall be of sufficient size to accommodate, at a minimum, the current use of the area for the launching of small sail boats and human - powered craft by members of non - profit corporations such as the Girl Scouts; 19 E. Corporation shall construct a bike trail, the design, width and location subject to the approval by the County's Director of the Environmental Management Agency and the City Engineer, connecting Back Bay Drive with Bayside Drive. No admission or user charge shall be imposed upon persons for use of trail. Bicyclists will be allowed access to the interpretive center. F. Transient occupancy taxes will be imposed upon users of the family inn in accordance with the provisions of Chapter 3.16 of the Newport Beach Municipal Code. Transient occupancy taxes will be collected and processed in accordance with Chapter 3.16 of the Newport Beach Municipal Code, and payment of all transient occupancy tax revenues shall be made to City as provided by the Newport Beach Municipal Code. 20 G. Corporation, with respect to any use of the property which requires the payment of any tax or fee, for the issuance of any permit, pursuant to the provisions of Title 5 of the Newport Beach Municipal Code, agrees to pay such fee or tax and /or obtain the required permit and comply with any and all conditions imposed upon the issuance of the permit; H. The following uses of the property shall not be permitted: 1. Skateboard courses; 2. Fireworks displays - Except as approved by the Fire Department of City; 3. Small animal or reptile zoo; 4. The use of loudspeakers for paging or announcements outside of any structure provided, however, lifeguards may use such equipment for safety and beach control purposes; 5. Amplified music, except in the family inn 21 or other structure, and in no event shall amplified music provided by Corporation, its lessees, licensees or operators of the property, exceed 55 dbs when measured at a point 50 ft. distant from any exterior wall. I. Grading and building permits shall be issued by the City of Newport Beach and may contain appropriate conditions to ensure that construction activities do not adversely impact the citizens of Newport Beach. Such conditions may include, but not necessarily be limited, to the following: 1. Designation of specified haul routes; 2. Restrictions on hours of activity; 3. Installation of erosion control facilities to ensure that silt does not enter the Bay from the construction site; J. Final design of the project shall incorporate the following: 22 0 i 1. A lighting system designed and maintained to conceal the light source and minimize light spillage and glare offsite; 2. The incorporation of water - saving devices; 3. The installation of grease traps in all restaurant facilities; 4. Conformance with energy requirements as specified in Title 24 of the California Administrative Code; 5. Access and fire suppression systems in accordance with the requirements of the Fire Department of the City of Newport Beach; 6. A landscape plan which shall place heavy emphasis on the use of drought resistant native vegetation, irrigated with a sys- tem designed to avoid surface runoff or overwatering, with the landscaping to be installed during the initial phase of 23 construction or as early as practicable once conflicts with other construction activities are resolved. IV. City agrees to provide a level of services to Newport Dunes appropriate to the uses developed on the site and consistent with that provided other properties in the City, including, but not limited to, water, fire and police. V. The promises and commitments of the parties as set forth herein, are intended to bind the parties now and in the future. The parties understand that this Agreement is similar to a Joint Powers Agreement, and, as such, contains commitments of both City and County sufficient to bind future boards and councils, notwithstanding any change in the composition thereof. City and County hereby expressly waive and give up any right to challenge the validity of this Agreement, or any speci- fic term or condition hereof, based upon the contention that the legislative bodies of cities or counties are not empowered to bind future boards or councils, and each of the parties hereto stipulates that the consideration set forth in this Agreement is adequate to support this waiver. 24 0 VI. County shall not allow, and Corporation shall not construct, any development on the property exceeding that contem- plated by this Agreement, without the concurrence of the City Council of the City of Newport Beach. Any plan for future development, not contemplated by this Agreement, must be accom- panied by adequate environmental documentation as required by law, and will be processed through the Planning Commission and City Council of the City of Newport Beach in accordance with the provisions of Chapter 20.80 of the Newport Beach Municipal Code. VII. The parties hereto recognize that the approval of the California Coastal Commission and the State Lands Commission, will be required for development of the property, and County and Corporation covenant that, in requesting such approval, they will seek no development in excess of that contemplated herein. City agrees to notify, in writing, all agencies which are required to approve the development contemplated in this Agreement of its support and City will endeavor to appear at public hearings be- fore any Board or Commission reviewing a proposal for such development or any portion thereof, to express its support. To the extent that the California Coastal Commission and /or State 25 Lands Commission make requirements upon County and Corporation not set forth in, or at variance with, the provisions of this Agreement, County and City agree to accept and incorporate as amendments to this Agreement all said changes and /or variances, so long as said changes and /or variances do not expand or increase the concentration, intensity or density of the development of the project as contemplated by this Agreement or change the nature of the land uses described herein. All parties understand that this Agreement is intended to establish the limits of development and not to guarantee construction or development. City understands and agrees that any of the development contemplated by this Agreement, and any of the revenues or contributions which may be required pursuant to this Agreement, are contingent upon County and Corporation negotiating a satisfactory lease of the property. The County and Corporation acknowledge that it will be necessary to re- negotiate the leases on the property, in order for Corporation to be able to develop the project described in this Agreement. County, therefore, agrees to negotiate in good faith with Corporation to enter into a new lease of sufficient scope and duration so as to allow 26 0 0 Corporation to develop the project as envisioned in this Agreement. County and Corporation shall endeavor to notify City of any public hearing or meeting which may relate to the develop- ment contemplated by this Agreement at least ten (10) days prior to the date of such meeting or hearing. Notice shall be given as provided in this Agreement. To City: City Attorney City of Newport Beach 3300 Newport Blvd., Newport Beach, California 92663 To County and District: Director, Orange County Environmental Management Agency 811 No. Broadway Santa Ana, California 92702 To Corporation: Newport Dunes, Inc. C/o Lawrence B. Buxton Courton & Associates 2061 Business Center Dr. #203 Irvine, California 92715 VIII. This Agreement is in furtherance of a plan for redevelopment of the property. County and Corporation seek to transform underused portions of the property to their economic advantage by constructing visitor - serving facilities of greater 27 intensity than now exist. City seeks to obtain certain offsite benefits, including, among others, circulation system improvements. All parties agree and recognize that it will not be practical to restore this property to its previous state once any significant portion of the contemplated development is undertaken. The parties hereto have made significant and irrevocable commitments and have each given up certain rights and powers in order to achieve this agreement. The parties agree that damages would not be an adequate remedy for the failure of one of the parties to carry out its obligations under this Agree- ment, both because the property and this Agreement are unique, and because it would be very difficult to estimate the amount of damages which could, or would, properly compensate the other parties in the event of such failure or breach. Thus, the rather than damages, compensate the other party to comply with this Agreement. IX. City ar parties agree that specific performance, is the only remedy which would adequately parties in the event of the failure of one its duties and obligations as set forth in A County shall annually review the parties' performance of this Agreement. At its first meeting of each calendar year, the Joint Harbor Review Committee shall review the performance and implementation of this Agreement, prepare a report and provide copes of the report to the City Council and County Board of Supervisors. In connection with such review, each party shall have a reasonable opportunity to discuss matters which it believes have not proceeded in accordance with this Agreement, to receive from the other party information relating to its position on such matters and shall seek to resolve such matters by negotiation. X. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. XI. No modification, amendment or other change in this Agreement or any provision thereof shall be affected for any purpose unless specifically set forth in writing and signed by a duly authorized representative of the parties hereto. Executed the day and year first above written. CITY By: —Zo Mayor City of Newport Beach ATTEST: City Clerk L APPROVED AS TO /ity Attor ey 29 APPROVED AS TO FORM: aLQ-Z County Counsel 1 SIGNED AND CERTIFIED T14ATA COPY OF THIS DOCW,'jENi KAS ^ -FN 1- ;"LIVERED TO V I '?D ' �J' ' — Citrk of Ho?rd of C'Tefljlsors By:. TM Chairman of its Board of Supervisors... .... ... : � - i-- DISTRICT ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT B /T))e Chairman of its Board of "-5upervisors CORPORATION NEWPORT DUNES, INC. A California Corporation � IX'. I / 4 By: In - .idif'Fp�LE'G4L De- ,n^,♦�i.�. - /a,v cr yyy� .CRAA'G< CYX.NTy /l.9h'U:�.Q OiST. OFF.'[1'.t .C'e :�Pi.Y'GS 6L�srir'rCES i?.;;5 /-, '147 5°O o Soo r000 ���MIC SCALLI FFETr-— - -_ � r is ezio S, 8 � gD./uG /CgTEO Gf.'G //�ARy � i / /GH TiOE </hf SCwER /OF CGURT O.� ORgN6E COUNTI,' �i''CREE /vq. ,20436 „/ t Q r LOT NO. Z / / 5EC a 1 0/6 �.ZJ'a�iV 1 f J`" 1 r_ Y' � odegwa� COU/vr/' .V4R60R 0.,sr,?1CT lIREG`GrNG /MP.4'D ✓E Mrh'T L /.VE / 7 T CI 4, +: T 1 i I' EXHIBIT A FEB. 71 1958 1c �, t �4 1Y Y EXHIBIT A FEB. 71 1958 EXHIBIT 2 0 NEWPORT DUNES LAND USE PLAN I FAMILY INN a) 275 rooms, 35 ft. height limit b) 2 meeting rooms -100 person occupancy II RECREATIO14AL VEHICLE PARK a) 444 existing spaces, upgraded to full hookups b) 20 reserved for late arrivals c) RV Support Center 1) grocery, propane, RV accessories, beach gear, camping equipment 2) showers, laundry 3) swimming pool, children's pool 4) group picnic areas III CAMPGROUND a) day use b) overnight IV DA a) b) c) d) e) f) Y USE swimming beach boat rentals picnics, beach games parking snack bars lifeguards V HEADQUARTERS /OPERATIONS CENTER a) 4,000 sq. ft. existing b) 1,500 sq. ft. new (relocate San Diego computer facility) c) operations, accounting, lifeguard headquarters, equipment storage, first aid, security VI MARINA a) 100 slips additional b) water quality study c) pedestrian bridge on pilings d) boat holding tank pump out station e) dredging program VII DRY BOAT STORAGE a) 400 units b) stacked, covered storage c) 24 hour security d) launch ramp -six lanes e) marine repair f) holding tank pump out g) gas dock h) wash rack EXHIBIT 3 (page 1 of 3) VIII MARINA BUSINESS a) 14,000 sq. ft. existing b) 10,000 sq. ft. new IX INTERPRETIVE CENTER a) history and ecology b) consistent with DFG program c) human powered craft opportunities d) coordinated with bicycle /hiking trails X BIKE TRAIL a) connecting Back Bay to Bayside b) no charge for pass through EVANS RESORTS a) operated Newport Dunes for over ten years b) local owner /operation of new facility, including Family Inn c) Bahia Resort, Mission Bay, San Diego d) Catamaran, Mission Bay, San Diego E. �777J) (page 2 of 3) 9 qNqV Wu (page 3 of 3) A su qr i 7-7 Proposed Marine Business /Commercial Use The Purpose of the Mar to provide facilities by the State Tidelands the County of Orange. and operate a retail s provide the following r] ine Business /Commercial use is needed by the public as permitted Grant and Lease Agreements with The Newport Dunes will maintain hopping complex and adequately services and facilities: Ships Channelry and facilities for other appropriate marine oriented merchandising and services businesses such as equipment, supplies and marine service station. An enclosed building space for appropriate general merchandising and services businesses such as marine /recreation clothing, renting, instruction and beach equipment. The preceding list of potential uses is intended to identify the types of marine - oriented services which may occupy facilities at the Newport Dunes. The business types are listed to identify typical uses and is not meant to include all potential uses. The actual tenants will be marine - oriented services which will serve both Newport Dunes customers and boating enthusiasts. 19 1 T 11 EXHIBIT Q Art .11 'rij , �ji ;c.r,Fl•l %'J%,•I.h` %':/'f /•J'J fri �r f ,r -�f %V Vii, j•, �(:v f i' r :,%Sl• �;J. .'.f�J `) � � 1 `7,�4h r��'{ �, "I.�>• % {U'ui' �P•.•r]; 15' 1 �tY4 F`�� ����� .�Y�r�i.��,+��tr��•�;�����''�� J�!'�,�' jam` ;C•�� ��(i•)ry'sJSi �� /�y ��'(l :r� / %�lj�;;!. 7.r�� � /� {iji '}i /id'�f X ,E ` ���r��SS1 %��i���A�3 %•�l�ij;!•��'f•fj. "•J����i � /�'1��yri�. Newport Dunes Traffic Study i SO V 1! 1r1 Fie � oF�A�a• - t��Q G° `Yuprclh �Assoctates Trenepertetion Planning . Traffic Engineenng (P 0 Newport Dunes Traffic Study D<Ugplall t ki oclatn Tre�portetcn Plenning 6 Tref fip Engineering (5 OD�iuN�u�a�n c}�ssociates Transportation Planning *Traffic Engineering February 8, 1983 Mr. Fred Talarico Environmental Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Talarico: We are pleased to present this traffic impact analysis for the Newport Dunes Project. This analysis is in accordance with the requirements of the City of Newport Beach Traffic Phasing Ordinance. We trust that this report will be of immediate as well as continuing val -ue to the City of Newport Beach. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMA/N, ASSOCIATES William William Kunzman, P.E. CAL'` . 4664 Barrenca Parkway r Irvine. CA 92714 • (714) 559 -4231 TABLE OF CONTENTS Section . Page No. 1. Project Description ..... ............................... 1 2. Project Traffic Generation ............................. 2 3. Project Traffic Distribution and Assignment ............ 5 4. One Percent Intersection Analysis ...................... 6 5. Intersection Capacity Utilization Analysis .............14 6. Intersection Improvements . .............................16 Appendices Appendix A - One Percent Traffic Volume Analysis Work Sheets Appendix B - Intersection Capacity Utilization Analysis Work Sheets Appendix C - Intersection Capacity Utilization Intersection Improvements Appendix D - Newport Dunes Land Use Alternatives LIST OF TABLES Table No. Title Page No. 1 Trip Generation Rates ........................ 3 2 Project Traffic Trip Generation .............. 4 3 One Percent Analysis Summary ................. 7 4 Committed Projects ...........................12 5 City and Proposed Land Use Alternatives Impact on Intersections ......................13 6 Intersection Capacity Utilization for Critical Intersections ...................15 7 Intersection Capacity Utilization with Improvements .... .............................1S 0 LIST OF FIGURES 0 Following Figure No. Title Page No. 1 Vicinity Map .. ............................... 1 2 Site Plan ..... ............................... 1 3 Project Traffic Distribution and Assignment .. 5 1. PROJECT DESCRIPTION Project Location 0 The project is located on upper Newport Bay along the northerly side of Pacific Coast Highway between Jamboree Road and Bayside Drive surrounded by the City of Newport Beach. Figure 1 illustrates the project location. Proposed Development The traffic study assumes the following land uses: 275 hotel rooms 13,000 square feet of commercial uses 15,000 square feet of office uses The proposed land uses are over and above the existing 14,000 square feet of commercial uses within the Newport Dunes project area. Appendix D contains a list of alternative land uses which were initially proposed by the County, City, and property owner. This analysis covers only one land use alternative. Figure 2 illustrates the Newport Dunes site plan. 1 E J, N All `Wiffinp timp3on, npd -A-sprialrs Figure I VICINITY MAP 14-1 Lt *Project Site Figure 2 Site Plan amps c nrae,Yi. urci WWWQWr SAY - SMEJAMAKER suNo MARINA EXPANSION AM sea _ BOAT LAUNCH/ RAMP FACILITIES . Area A ` -= CONEY ISLAND OPEN SPACE —� AND INTERPRETIVE CENTER cmEY INA� IUM DRY BOAT STORAGE M. RINA BISINESS/ Q Abr,,j ? P <7 4 �r � ARINA EXPA61= N FAMIL INN _�_ __ FY;• / 1T ��,� . ,�Ay Y �� *,;t D GROUP ' - 4w , C VON WING AREA r' _..�• �:.. Area B ^� «rese '�``` .• j' s� yS T • \ ` ;,� swumm "000M OFFI 'i j y .. • . � � yr are- �'',,,., "Irkv RECREATIONAL pol MONSOON! EHICLE PARK* imgNTM 119ACM AIWA `• �s .•i: lry �o,c.A. DAY USE FACW -ftS Lem Now! ft" 2. PROJECT TRAFFIC GENERATION 0 The traffic generated by a site is determined by multiplying an appropriate trip generation rate by the quantity of land use. Trip generation rates are expressed in terms of trip ends per person, trip ends per employee, trip ends per acre, trip ends per dwelling, or trip ends per thousand square feet of floor space. For this study, trip generation rates were agreed upon by the City of Newport Beach. Table 1 provides trip rate information for the land uses proposed. Table 2 provides trip generation information. K 0 Table 1 TRIP GENERATION RATES 0 Land Use PM Peak Hour 2.5 Hour PM Peak Daily In Out In Out Hotel (per room) .36 .37 .72 .74 10 Office (per 1000 sq. ft.) .27 1.36 .54 2.72 15 Restaurant (per 1000 sq. ft.) 2.77 1.69 5.54 3.36 50 Commercial (per 1000 sq. ft.) 3.50 3.50 17.00 7.00 50 Marina (per slip) .03 .064 .06 .126 3.6 Boat Storage (per space) .1 .1 .2 .2 2 3 0 Table 2 0 PROJECT TRAFFIC TRIP GENERATION 4 rips Generated PM Peak Hour 2.5 Hour PM Peak Land Use Daily In Out In Out Area A: Hotel 275 rooms 99 102 198 204 2,750 Commercial 8,000 sq. ft. 28 28 56 56 400 Office 5,000 sq. ft. 1 7 2 14 75 Area B: Restaurant 4,000 sq. ft. 11 7 22 14 200 Commercial 1,000 sq. ft. 4 4 8 8 50 Office 10,000 sq. ft. 3 14 6 28 150 Marina 100 slips 3 6 6 12 380 Boat Storage 100 spaces 10 10 20 20 200 Total 159 178 318 356 4,205 4 • 3. PROJECT TRAFFIC DISTRIBUTION AND ASSIGNMENT Traffic distribution and assignment is based on the directional orientation of traffic and specific roadway network. It is based on the geographical location of residential, commercial, business, and recreational opportunities. The project traffic distribution and assignment is reflective of previous major traffic studies for development in Newport Center and on the subject property. The majority of traffic, due to the mixture of uses, will be to and from inland areas. Traffic distribution and assignment was approved by the City of Newport Beach staff. Figure 3 illustrates project traffic distribution and assignment. « ; �f �U !� . ° CY n , ® § In a p � (0 W-)e® o�- p � m ,.... § a_AVG - -_ _eH . CAI ■ I£ _ # 2« � 0 4. ONE PERCENT INTERSECTION ANALYSIS 0 Twenty four critical intersections were analyzed as identified by City staff. Table 3 lists the 24 intersections, and provides a summary of the One Percent Traffic Volume Analysis. Appendix A contains the calculation sheets. Fifteen intersections have the one percent volume criteria exceeded; they are as follows: Coast Hwy /Riverside Drive Coast Hwy /Dover /Bayshore Coast Hwy /Bayside Drive Coast Hwy /Jamboree Road Coast Hwy /Newport Center Drive Jamboree /Santa Barbara Drive Jamboree /San Joaquin Hills Drive Jamboree /Ford - Eastbluff Jamboree /Bristol Street Jamboree /Bristol North Jamboree /MacArthur Jamboree /Campus Drive Bristol /Birch Street Bristol North /Birch Street Newport Blvd. /Hospital Road The purpose of the One Percent Traffic Volume Analysis is to establish whether the project adds a volume that is greater than one percent of a critical intersection's peak period approach volume. If less than one percent is added during the peak period to all approaches of a critical intersection, then no further analysis is necessary as specified in the Traffic Phasing Ordinance. As part of the one percent anlaysis, regional growth and committed projects are included. Volume projections are made to a point in time one year after the project completion. This project's completion date is 1985, and traffic volumes are projected to 1986. Regional traffic has been forecasted in accordance with City procedures, and committed project traffic includes those projects listed in Table 4. A City proposed land use alternative for the subject property proposes 75 less hotel rooms and 3,000 square feet less of commercial uses than does the land use proposal analyzed in this traffic study. The City's land use alternative would have 12 instead of 15 intersections exceeding the one percent criteria. Of those intersections exceeding the one percent criteria, seven instead of eight would need mitigation under the City's alternative versus the developer's alternative. Table 5 compares the one percent intersection analysis of the City's verses developer's proposed land uses. L Table 3 ONE PERCENT ANALYSIS SUMMARY 7 One Percent of Projected Project 2.5 Hour Intesections 2.5 Hour Project 2.5 Hour Peak Volume Analyzed Peak Volume Peak Volume Over One Percent Coast Highway at Orange Street No Northbound 2 - Southbond 1 - Eastbound 36 32 Westbound 56 36 Coast Highway at Prospect Street No Northbound 1 - Southbound 2 - Eastbound 39 32 Westbound 61 36 Coast Highway at Balboa /Superior No Northbound 15 - Southbound 25 - Eastbound 38 32 Westbound 46 36 I Coast Highway at Riverside Avenue Yes Northbound 1 - Southbound 10 - Eastbound 49 80 Westbound 55 89 Coast Highway at Dover /Bayshore Yes Northbound 3 - Southbound 22 - Eastbound 39 80 Westbound 75 89 7 Table 3 (Continued) 8 One Percent of Projected Project 2.5 Hour Intersections 2.5 Hour Project 2.5 Hour Peak Volume _Analyzed Peak Volume Peak Volume Over One Percent Coast Highway at Bayside Drive Yes Northbound 17 Southbound 1 256 Eastbound 58 94 Westbound 64 178 Coast Highway at Jamboree Yes J Northbound 9 - Southbound 48 180 Eastbound 46 200 Westbound 37 32 Coast Highway at Newport Center Yes Northbound - - Southbound 25 16 Eastbound 35 36 Westbound 30 16 Coast Highway at Avocado Avenue No Northbound 5 - II i Southbound .2 - Eastbound 45 36 Westbound 27 16 Coast Highway at MacArthur Blvd. No Northbound - - Southbound 31 - Eastbound 43 18 Westbound 34 16 8 0 Table 3 (Continued) r� u One Percent Of Projected Project 2.5 Hour Intersections 2.5 Hour Project 2.5 Hour Peak Volume Analyzed Peak Volume Peak Volume Over One Percent Coast Highway at Goldenrod Avenue No Northbound 2 - Southbound 2 - Eastbound 52 18 Westbound 30 16 Coast Highway at Marguerite Avenue No Northbound 5 - Southbound 7 - Eastbound 45 16 Westbound 28 16 Jamboree at Santa Barbara Yes i Northbound 23 214 I Southbound 40 191 Eastbound - - Westbound 25 - Jamboree at San Joaquin Hills Road Yes Northbound 36 214 Southbound 50 175 Eastbound 3 - Westbound 10 16 Jamboree at Ford /Eastbluff Yes Northbound 59 196 Southbound 50 175 Eastbound 10 - Westbound 9 - 0 0 Table 3 (Continued) 10 One Percent of Projected Project 2.5 Hour Intersections 2.5 Hour Project 2.5 Hour Peak Volume Analyzed Peak Volume Peak Volume Over One Percent Jamboree at Bristol Street Yes Northbound 74 196 Southbound 22 89 Eastbound 65 95 Westbound - - Jamboree at Bristol North Yes Northbound 80 196 Southbound 35 80 Eastbound - - Westbound 22 - (Jamboree at MacArthur Blvd. Yes I Northbound 20 89 Southbound 32 64 Eastbound 28 16 Westbound 31 - Jamboree at Campus Drive Yes i Northbound 49 71 Southbound 31 64 Eastbound 23 - Westbound 22 - Bristol at Birch Street Yes Northbound 4 - Southbound 12 - Eastbound 74 95 Westbound - - 10 9 Table 3 (Continued) 11 One Percent of Projected Project 2.5 Hour Iptersections 2.5 Hour Project 2.5 Hour Peak Volume Analyzed Peak Volume Peak Volume Over One Percent Bristol North at Birch Street Yes Northbound 12 - Southbound 29 - Eastbound - - Westbound 93 107 Bristol at Irvine Avenue No Northbound 24 - Southbound 34 - Eastbound 109 95 Westbound - - Bristol North at Campus Drive No Northbound 30 - Southbound 47 - Eastbound - - Westbound 127 107 Newport Blvd. at Hospital Road Yes Northbound 31 53 Southbound 36 48 Eastbound 19 - Westbound 8 - 11 Table 4 COMMITTED PROJECTS Aeronutronic Ford (residential) Amendment No. 1 Ford Aero TPP (industrial) Back Bay Office (office) Bank of Newport (office) Banning Newport Ranch (office, industrial, residential) Bayside Square (office) Baywood Apartment (residential) Big Canyon (residential) Boyle Engineering (office) Cal Canadian Bank (office) Campus /MacArthur (office) Civic Plaza (office) Coast Business Center (office) Corporate Plaza (office) Far West Savings and Loan (office) Flagship Hospital Fun Zone (commercial, office) Harbor Point Homes (residential) Heritage Bank (bank, office, medical office) Hoag Hospital (community facility) Hughes Aircraft (industrial) Koll Center Newport (office, industrial) Koll Center Newport and No. 1 TPP (office) Martha's Vineyard (restaurant) National Education Office (office) Newport Place (office) North Ford (industrial) Orchard Office (office) Pacesetter Homes (office) Pacific Mutual Plaza (office) Park Lido (medical office) Quail Business Center (office) Roger's Gardens (commercial) Ross Mollard (medical office) Rudy Baron (office) Sea Island (residential) Seaview Lutheran Plaza (residential) Shokrian (office) Valdez - 3101 W. Coast Highway (office) 441 Newport Boulevard - (office) 3701 Birch Office (office) 12 Table 5 0 CITY AND PROPOSED LAND USE ALTERNATIVES IMPACT ON INTERSECTIONS _ One Percent Intersection Leg 90 Percent ICU Volume Exceeded Exceeded City Proposed City Proposed Intersection Alternative Alternative Alternative Alternative Coast Highway and Orange No No No No Prospect No No No No Balboa /Superior No No No No Riverside Yes Yes Yes Yes Dover Yes Yes No No Bayside Yes Yes Yes Yes Jamboree Yes Yes Yes Yes Newport Center No Yes No No Avocado No No No No MacArthur No No No No Goldenrod No No No No Marguerite No No No No Jamboree and Santa Barbara Yes Yes No No San Joaquin Hills Yes Yes No No I Ford - Eastbluff Yes Yes Yes Yes Bristol Yes Yes Yes Yes Bristol North Yes Yes Yes Yes MacArthur Yes Yes No No Campus Yes Yes Yes Yes Bristol and Birch No Yes No No Campus /Irvine No No No No Bristol North and No Yes No Yes Birch Campus No No No No Newport Blvd. and Yes Yes No I No Hospital Road 13 0 0 S. INTERSECTION CAPACITY UTILIZATION ANALYSIS For the 15 intersections exceeding the one percent criteria as identified in Table Sr their respective intersection capacity utilizations (ICU) can be found in Table 6. Once the growth, committed, and project traffic are added together, seven intersections will operate at 90 percent or less ICU, and eight will operate at more than 90 percent. Of the intersections operating in excess of 90 percent ICU, all will do so without project traffic being added. These eight intersections will require further analysis for recommended mitigation measures to reduce their intersection capacity utilization. The following section discusses recommended mitigation measures. 14 0 Table 6 0 INTERSECTION CAPACITY UTILIZATION FOR CRITICAL INTESECTIONS 15 Existing Existing Plus Plus Growth, Existing Growth and Committed Utilization Committed and Project Mitigation Intersection Capacity Traffic Traffic Needed Coast Highway/ Riverside .7934 .9231 .9356 Yes Bayshore .6964 .8055 .8149 No Bayside .8748 .9865 1.0487 Yes Jamboree .9025 1.1265 1.1816 Yes Newport Center .6072 .6309 .6659 No Jamboree/ Santa Barbara .6117 .7553 .7850 No San Joaquin Hills .5822 .7026 .7340 No Ford - Eastbluff .9512 1.0882 1.1157 Yes Bristol .7413 .9843 1.0116 Yes Bristol North .7547 .9966 1.0160 Yes MacArthur .5467 .7085 .7180 No Campus 1.0665 1.2180 1.2255 Yes Bristol/ Birch .7172 .8228 .8303 No Bristol North/ Birch .8715 1.2014 1.2096 Yes Newport/ Hospital Road .7176 .7814 .7877 No 15 0 0 6. INTERSECTION IMPROVEMENTS There are eight intersections that will operate above 90 percent of capacity. In all cases these intersections will exceed 90 percent prior to project traffic being added. In keeping with the Traffic Phasing Ordinance, mitigation measures must be recommended so that these intersections will operate at 90 percent or less during the evening peak hour. Table 7 lists the eight intersections along with their respective intersection capacity utilizations and necessary improvements. Appendix C contains the intersection capacity utilization calculations with recommended improvements. Coast Highway and Riverside The addition of a second southbound right turn lane will assist in reducing the ICU, however, it will not cause the intersection to operate at 90 percent or less. A third eastbound through lane appears to be the better solution for reducing the ICU. To fulfill this mitigation, additional right of way may be necessary; however, it is probably infeasible. Coast Highway and Bayside Restriping is all that is necessary to provide one southbound right lane and one southbound combination left and through lane. A fourth westbound through lane as conditioned by previous development is necessary to reduce the ICU to below 90 percent. Jamboree and Ford /Eastbluff The City's pending improvement will provide a third southbound through lane which is all that is necessary to reduce the ICU to below 90 percent. Jamboree and Campus To add a fourth northbound through lane it appears that restriping the south leg of the intersection is all that is necessary; however, this will not reduce the ICU to below 90 percent. More extensive improvements and the acquisition of more right -of -way on the east and west legs of the intersection will be required to have an ICU of 90 percent or less. Coast Highway and Jamboree Previously committed and /or City improvements such as extending Backbay to Coast Highway and a third eastbound through lane on Pacific Coast Highway will reduce the ICU, but not below 90 16 0 0 percent. However, the addition of a fourth westbound through lane on Pacific Coast Highway in addition to the other improvement would cause the ICU to be below 90 percent. The remaining three intersections at Jamboree - Bristol, Jamboree - Bristol North, and Bristol North -Birch appear to only be mitigated with the construction of the Corona Del Mar Freeway. Any individual improvements such as additional through lanes would appear impractical due to freeway construction occurring over the next two to three year period. 17 0 0 Table 7 INTESECTION CAPACITY UTILIZATION WITH IMPROVEMENTS 18 Intersection Capacity Utilization Without With Intersection Improvement Improvement Improvement Coast Highway - Riverside (Option 1) .9356 .9256 Second southbound right turn lane. (Option 2) .9356 .8556 Third eastbound through lane. Coast Highway- 1.0487 .8889 (1) Restripe to provide Bayside one southbound right turn lane and one combination and one combination southbound left- through lane. (2) Fourth westbound through lane (condition of previous development). Jamboree -Ford/ 1.1157 .8801 Third southbound through Eastbluff lane (proposed City improvement). Jamboree - Campus (Option 1) 1.0367 .9175 Restripe to provide four northbound through lanes. (Option 2) 1.0367 .8750 (1) Same as Option 1. (2) Convert eastbound right turn lane to east- bound through lane for a total of two eastbound through lanes. 18 Table 7 (Continued) 19 Intersection Capacity Utilization Without With Intersection Improvement Improvement Improvement (Option 2) (3) Convert combination eastbound through -left turn lane to an eastbound left turn lane for a total of two eastbound left turn lanes. (4) Acquire more right -of- way along southeasterly side of Campus to accommo- date an off -set intersec- tion. Coast Highway - Jamboree (Option 1) 1.1816 .9141 (1)City improvement of third eastbound through lane. F,- - -_ _ d Bay-side to Pacific Coast Highway causing a diversion of Coast- Jamboree's southbound, lefts, eastbound lefts and westbound rights (condition of previous development). (Option 2) 1.1816 .8920 (1)Same as Option 1. (2)Same as Option 1. (3)Add a fourth westbound through lane to Pacific Coast Highway. Jamboree/ 1.0116 Reduced Construction of the Corona Bristol Del Mar Freeway, 1985 -86. Jamboree/ 1.0160 Reduced Construction of the Corona Bristol North Del Mar Freeway, 1985 -86. Bristol North/ 1.2096 Reduced Construction of the Corona Birch Del Mar Freeway, 1985 -66. 19 APPENDICES Appendix A - One Percent Traffic Volume Analysis Work Sheets Appendix B - Intersection Capacity Utilization Analysis Work Sheets Appendix C - Intersection Capacity Utilization Intersection Improvments Appendix D - Newport Dunes Land Use Alternatives 0 APPENDIX A ONE PERCENT TRAFFIC VOLUME ANALYSIS WORK SHEETS i 1% Traffic Volume Analysis Intersection COAST HWY . @ ORANGE ST. (Existing Traffic Volumes based on Average Winter /Spring 191L2 MX Project Traffic is estimated to be less than 1% of Projected Peak 211 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected M Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. � t Newport Dunes DATE: 1-24 -63 ' PROJECT: FORM 1 Peak 2k Hour Approved Approach Existing Regional Projects Projected 1� of Projected Project I� Direction Peak 2� Hour Growth Peak 2>y Hour Peak 24 Hour Peak 2> Hour Peak 2y Hour Volume I Volume Volume Volume Volume Volume !j Northoound 231 - - 231 2 - I lisouthbound 109 _ I - 109 1 - Eastbound I 2610 ; 30 ; 926 3566 36 32 Westbound 4492 I 52 I 1025 5569 56 36 MX Project Traffic is estimated to be less than 1% of Projected Peak 211 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected M Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. � t Newport Dunes DATE: 1-24 -63 ' PROJECT: FORM 1 1% Traffic Volume Analysis Intersection T HI 'WAY @ PROSPECT STREET (Existing Traffic Vol 0 n AY winter /Spring 82 ID Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 2-1-, Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: Mn" . Peak 2y Hour Approved Approach Existing Regional Projects Projected 1' of Projected Project Direction Peak 2y Hour Growth Peak 2y Hour Peak 2� Hour Peak 2; Hour Peak 2�, Hour Volume volume Volume Volume Volume Volume Northbound 119 - 119 1 - Southbound 207 — 207 2 — Eastbound 2932 34 926 3892 39 32 Westbound 5011 56 1025 6094 61 36 ID Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 2-1-, Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: Mn" . l% Traffic Volume Analysis Intersection COAST HIGHWAY @ BALBOA BOULEVARD SUPERIOR AVENUE (Existing Traffic Volumes based on Average Inter pring 19 _ ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2; Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: Peak 2y Hour Approved Approach Existing Regional Projects Projected 1' of Projected Project Direction Peak 2S Hour Growth Peak 2.1y Hour Peek 2+s Hour Peek 2y Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 1537 - 2 1539 15 - Southbound 2441 1 40 2481 25 - Eastbound 3330 38 t 415 3783 38 32 Westbound I 3538 41 995 4574 46 36 ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2; Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: 1% Traffic Volume Analysis Intersection COAST HIGHWAY @ RIVERSIDE AVENUE (Existing Traffic Volumes based on Average Winter /Spring 19112 ' Peak 211 Hour Approved Approach Existing Regional Projects Projected 1, of Projected Project Direction Peak 2k Hour Growth Peak 2k Hour Peak 2k Hour Peak 2k Hour Peak 2k Hour Volume Volume Volume Volume VotUlm Volume Northbound 15 _ 62 77 1 - Southbound 1066 - 4 1070 10 - Eastbound 3977 I 46 86o 4883 49 80 Westbound 4115 47 1318 5480 55 89 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected MX Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 I PROJECT: i:noww t 1% Traffic Volume Analysis Intersection COAST HIGHWAY@ DOVER DRIVE /BAYSHORE DRIVE (Existing Traffic Volumes based on Average Winter /Spring _ El Project Traffic is estimated to be less than 1% of Projected Peak 21, Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected xD Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -B3 PROJECT: cnoM. r Peak 2h Hour Approved Approach Existing Regional Projects Projected 1� of Projected j Project Direction Peak 2y Hour Growth Peak 2� Hour Peak 2y Hour Peak 21i Hour Peak 2; Hour I Volume Volume Volume Volume Volume Yolune Northbound 259 - 2 261 3 - Southbound 2190 - 28 2218 22 - i Eastbound 3302 38 586 3926 39 80 i, westbound 1 6402 43 1035 7480 75 8 El Project Traffic is estimated to be less than 1% of Projected Peak 21, Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected xD Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -B3 PROJECT: cnoM. r I 1% Traffic Volume Analysis Intersection COAST HWY. /BAYSIDE DR. (Existing Traffic Volumes based on Average Winter /Spring 8 i Peak 26s Hour Approved Approach Existing Regional Projects Projected 1' of Projected Project Direction Peak 211 Hour Growth Peak 2� Hour Peak 21% Hour Peak 21; Hour i Peak 2I Hour Volume Volume volume Volume volume volume Northbound 1700 — 1711 17 Southbound I30 - 2 132 t 256 Eastbound 5220 I 35 1 547 5802 58 94 Westbound 5294 36 1023 6353 64 )78 Project Traffic is estimated to be less than 1% of Projected Peak 2)* Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Ox Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DALE: 1-24-83 PROJECT: FORM T 9 1% Traffic Volume Analysis 9 Intersection COAST HIGHWAY @ JAMBOREE ROAD (Existing Traffic Volumes based on Average Winter /Spring _ Project Traffic is estimated to be less than 1% of Projected Peak 2)1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Qx Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24-83 PROJECT: Peak 2S hour Approved Approach Existing Regional Projects Projected 1 Projected Project Direction Peak 2+y hour Growth Peak 2y Hour Peak 2� Hour Peak 2� Hour i Peak 2y Hour Vo) ume Volume Volume Volume Volume Volume Northbound 846 - 24 920 9 - Southbound 3952 8 869 4829 48 180 �, Eastbound 4000 1 27 579 4606 46 200 westbound 3261 56 334 3651 37 32 Project Traffic is estimated to be less than 1% of Projected Peak 2)1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Qx Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24-83 PROJECT: 0 0 1% Traffic Volume Analysis Intersection COAST HIGHWAY @ NEWPORT CENTER DR. (Existing Traffic Volumes based on Average Winter /Spring 1992) Approach Direction Existing Peak 2y hour Vol unit Peak 21k hour Regional Growth Volume Approved Projects Peak 2y hour Volune Projected Peak 21% hour Volune l% of Projected Peak N hour Volume Project Peak 2�, Hour Volune hortnbound southbound 2421 - 102 2523 25 1 16 astbound 1 3273 57 214 3544 35 36 eschound 2595 45 26 2 66 0 16 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume ® Project Traffic is estimated to be greater than 1% of Projected Peak 2J2 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: FORM I 1% Traffic Volume Analysis Intersection COAST HIGHWAY @ AVOCADO AVENUE (Existing Traffic Volumes based on Average WinterlSpring 19 _ ® Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 �. PROJECT: rnnu r Peak 24 Hour Approved Approach Existing Regional Projects Projected 1� of Projected Project Direction Peak 24 Hour Growth Peak 24 Hour Peak 24 Hour Peak 24 Hour Peak 24 Hour Volume Volume Volume Volume Volume Volume Houthbound _ log 494 5 — Southbound 19 - - 19 .2 - Eastbound 3684 64 720 4468 45 36 westbound 2396 41 311 2748 27 16 ® Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 �. PROJECT: rnnu r 0 0 1% Traffic Volume Analysis Intersection COAST HIGHWAY @ MACARTHUR BOULEVARD (Existing Traffic Volumes basea on Average Winter /Spring 19 _U each Direction Existing Peak 2+s Hour Volume Peak 21S Hour Regional Growth Volume Approved Projects Peak 2� Hour Volume Projected Peak 2% Hour Volume �'�- 1'1 of Projected Project Peak 2y Hour Peak 2k Hour Volume Volume �I Northbound _ Southbound 2367 18 734 3119 31 i it Eastbound i 3481 + 60 732 4273 43 18 Westbound 2924 70 366 3360 34 16 ® Project Traffic is estimated to be less than 1% of Projected Peak 2.11 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2;§ Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: cnnu r 1% Traffic Volume Analysis Intersection COAST HWY. @ GOLDENROD AVENUE (Existing Traffic Volumes based on Average Winter /Spring 1982 Project Traffic is estimated to be less than 1% of Projected Q Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2�2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 i PROJECT: moM t Peak 2� Hour Approved Mach Existing Regional T Projects Projected 1�: of Projected Project Peak 2+s Hour Growth Peak 2y Hour Peak 2k Hour Peak 2k Hour Peak 24 Hour IDirection I I Volume Volume Volume Volume Volume Volume Northbound I j 232 2j2 2 SOuthb0uh d 166 22 188 I+ 2 _ 4365 88 ! 746 5199 52 18 ifEastbound i� Westbound i 2548 61 ! 406 3015 30 16 Project Traffic is estimated to be less than 1% of Projected Q Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2�2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 i PROJECT: moM t 1% Traffic Volume Analysis Intersection COAST HWY. @ MARGUERITE AVE. (Existing Traffic Volumes based on Average Winter /Spring 82 ® Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume a Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic,Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: rn n.. . Peek 2h Hour Approved �� Approach Existing Regional Projects Projected 1' -� of Projected Droject Direction Peak 2� Hour Growth Peak 2$ Hour Peak 2� Hour Peak 2y Hour Peak 2: Hour I� L Volume i Volume Volume Volume Volume Volume !� Northbound I 548 - - 548 5 Southbound I 727 - � 22 749 7 - 1 t � Eastbound 1 3647 88 746 4481 45 18 ij Westbound 2382 57 I 406 2845 28 16 ® Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume a Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic,Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: rn n.. . 1% Traffic Volume Analysis Intersection JAMBOREE ROAD @ SANTA BARBARA DRIVE (Existing Traffic Volumes based on Average Winter7Spring 19 _ ' Peak 2y Hour Approved Approach Existing Regional Projects Projected 1� of Projected Project Direction Peak 2� Hour Growth Peak 2y Hour Peak 2y Hour Peak 2� Hour Peak 2: Hour Volume volume Volume Volume Volume Volume Northbound 4 332 2311 23 214 Southbound 3402 7 620 1 4029 1 4o 191 Eastbound ---- Westbound 1524 948 2472 25 Project Traffic is estimated to be less than 1% of Projected Peak 2# Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected []x Peak 21-2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. i Newport Dunes DATE: 1 -24 -83 PROJECT: FORM I 1% Traffic Volume Analysis Intersection JAMBOREE ROAD @ SAN JOA UIN HILLS ROAD (Existing Traffic Volumes based on Average Winter pring 9 8 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ax Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. I Newport Dunes DATE: )-24 -83 PROJECT: Peak 24 Hour Approved I I Approach Existing Regional Projects Projected 1`: of Projected i Project Direction Peak 2y Hour Growth Peak 2� Hour Peak 2� Hour Peak 24 hour j Peak 2y Hcur Volume Volume volume volume Volume Volume Northbound j 2577 1 5 1042 3624 36 214 Southbound 8 864 4973 50 175 Eastbound 328 I - - 328 3 - Westbound 600 - 426 1026 10 16 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ax Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. I Newport Dunes DATE: )-24 -83 PROJECT: i 1% Traffic Volume Analysis Intersection 'JAMBOREE RD.@ EASTBLUFF DR. /.FORD RD. • =• (Existing Traffic Volumes based on Average Winter /Spring 19 82 " Peak 2� Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 25 Hour Growth Peak 21s Hour Peak 215 Hour Peak 2y Hour Peak 2� Hour Volume Volume Volume Volume Volume Volume Northbound 4489 9 1366 5864 59 196 Southbound 4096 8 902 5006 50 175 Eastbound 1029 - 10 1039 ! 10 Yestbouna 865 52 917 _ 9 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected []x Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24 -83 PROJECT: 1% Traffic Volume Analysis Intersection BRISTOL STREET @ JAMBOREE ROAD (Existing Traffic Volumes based on Average Winter /Spring 19 _ El Project Traffic is estimated to be less than 1% of Projected Peak 2;1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24-83 PROJECT: Peak 24 Hour Approved Approach Existing Regional Projects Projected Y of Projected Project Direction Peak 2y Hour Growth Peak 2k Hour Peak 211 Hour Peak 21, Hour Peak 2� Hour Volume I Volume Volume Volume Volume Volume Northbound 5201 10 2150 7361 74 196 Southbound 1799 3 406 1 2208 22 89 �j Eastbound 5454 94 I 928 6476 i 65 95 Westbound - - - - - El Project Traffic is estimated to be less than 1% of Projected Peak 2;1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24-83 PROJECT: 1% Traffic Volume Analysis n U Intersection BRISTOL STREET N. @ JAMBOREE ROAD (Existing Traffic Volumes based on Average Winter7Spring 19q.2 Project Traffic is estimated to be less than 1% of Projected Peak 211 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ® Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. l Newport Dunes DATE: 1 -24 -83 PROJECT; Peak 21s Hour Approved Approach Existing Regional Projects Projected 1. of Projected Project Direction Peak 25 Hour Growth Peak 2� Hour Peak 24 Hour Peak 2k Hour 'i Peak 24 Hour volume Volume Volume Volume Volume Volume Northbound 5743 11 2204 7958 80 196 Southbound 2922 6 612 3540 35 80 Eastbound - - - - - Westbound 1752 30 448 2230 22 - Project Traffic is estimated to be less than 1% of Projected Peak 211 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ® Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. l Newport Dunes DATE: 1 -24 -83 PROJECT; 1% Traffic Volume Analysis Intersection JAMBOREE ROAD @ MACARTHUR BOULEVARD (Existing Traffic Volumes based on Average Winter /Spring 19 _ Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected n Peak 2;1 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-63 PROJECT: Peek 2� Hour Approved Approach Existing Regional Projects Projected 1' of Projected Project Direction Peak 2� Hour Growth Peak 2y Hour Peak 2y Hour Peak 2y Hour Peak 2� Hour Volume Volume Volume Volume Volume Volume Northbound 2 734 2020 20 89 Southbound 2564 12 646 3222 32 64 Eastbound 2125 4 656 2785 j 28 16 Nerthound 2537 5 550 3092 31 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected n Peak 2;1 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-63 PROJECT: 1% Traffic Volume Analysis Intersection JAMBOREE ROAD @ CAMPUS DRIVE (Existing Traffic Volumes based on Average Winter /Spring gL Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected nx Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: Peak 2� Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2� Hour Growth Peak 2J Hour Peak 211 Hour Peak 2y Hour Peak 2� Hour Volume Volume Volume volume Volume Volume Northbound 3725 18 1186 4929 49 71 Southbound 2551 - 576 3127 31 64 Eastbound 1981 300 2281 23 Hestbound 2100 = 94 2194 22 = Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected nx Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: U 0 1% Traffic Volume Analysis Intersection BRISTOL STREET @ BIRCH STREET (Existing Traffic Volumes based on verage inter prin9 82 - Peak 2� Hour Approved Approach Existing Regional Projects Projected 1' of Projected Project Direction Peek 25 Hour Growth Peak 2k Hour Peak 2� Hour Peak 2y Hour Peak 2� Hour Volume Volume Volume Volume Volume Volume Northbound 332 - 66 398 4 - Southbound 1066 1 177 1243 12 - Eastbound 6276 108 973 7357 74 95 Westbound Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ® Peak 21� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. 1 I Newport Dunes DATE: 1 -24-83 i PROJECT: FORM T • 1% Traffic Volume Analysis Intersection BRISTOL STREET N. @ BIRCH STREET (Existing Traffic Volumes based on Average Winter /Spring 19 82 - Peak 2+ Hour Approved Approach Existing Regional Projects Projected 1: of Projected Project Direction Peak 2h Hour Growth Peak 2y Hour Peak 2� Hour Peak 2y Hour Peak 2� Hour Volume Volume Volume Volume Volume Volume Houthbound 1037 - 186 1223 12 - Southbound 2465 - 406 2871 29 - Eastbound Westbound 7263 126 -- 1882 9271 93 107 Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Q Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 I PROJECT: 1% Traffic Volume Analysis n Intersection BRISTOL STREET 0 IRVINE AVENUE (Existing Traffic Volumes based on Average WinterlSpring $.L ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 21� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: Peak 24 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2y Hour Growth Peak 2y Hour Peak 2k Hour Peak 2y Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 2072 70 210 2352 24 - Southbound 3218 62 146 3426 34 - Eastbound 9464 - 1392 10,856 109 95 I Westbound i --- — — — — — ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 21� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1 -24 -83 PROJECT: 1% Traffic Volume Analysis L.■ Intersection BIRSTOL STREET NORTH @ CAMPUS DRIVE (Existing Traffic Volumes based on verage inter pring g2 - Peak 24 Hour Approved Approach Existing Regional Projects Projected N of Projected Project Direction Peak 2+ Hour Growth Peak 2y Hour Peak 21% Hour Peak 2y Hour j Peak 25 Hour Volume Volume Volume Volume Volume Volume Northbound 2427 82 520 3029 30 - Southbound 3718 125 896 4739 1 47 - Eastbound Westbound 10,075 174 2416 12,665 127 107 O Project Traffic is estimated to be less than 1% of Projected Peak 2;1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 2�1 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: 1% Traffic Volume Analysis Intersection NEWPORT BOULEVARD @ HOSPITAL ROAD (Existing Traffic Volumes based on Average Winter /Spring 19,E IT Peak 2+s Hour Approved T� +III! Approach ( Existing Regional Projects Projected 11 of Projected Project II Direction Peak 2y Hour Growth Peak 2k Hour Peak 24 Hour Pak 2y Hour i Peak 2S Noun Volume Volume Volume Volume Volume Volume Northbound 3012 - 113 3125 31 53 Southbound i 3514 _ 99 3613 36 48 Eastbound I 1728 - 146 1874 19 - jHesibound i 789 4o 82q 8 Project Traffic is estimated to be less than 1% of Projected Peak 2> Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Ox Peak 2-1-2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Newport Dunes DATE: 1-24-83 PROJECT: FORM i . APPENDIX B INTERSECTION CAPACITY UTILIZATION ANALYSIS WORK SHEETS INTERSTION CAPACITY UTILIZATION ANAOIS Intersection COAST HWY. /RIVERSIDE AVE. ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) NorM4nt EXISTING PROPOSED EXIST. ►X.HR. EXIST. V/C REGIONAL GROWTH COMMITTED PROJECT V/C Ratio V/C 0. +tfo PROJECT PROJECT Lines U +ei C+D• Lanes GD Vol. Ratio Vol ane Volume w/o Project Vol re Volaoe V/C Ratio NL 3 .0063 .0063 .0063 NT 1600 4 _ NR 3 - - SL 91 36 - - ST I 0800 .0800 SR 1600 390 .2437* 2 .2450` .245o* EL 1600 299 .1869 1 9 .1925 •1925 ET 4 3200 1401 .4378 * 23 388 .5662* 40 .5787* ER 0 ' WL 1600 19 .0119* .0119* 0119 WT 1 4800 1746 .3638 24 636 .5012 45 .51o6 WR 1 1600 1 1 33 .0206 .0206 .0206 YELLOWTIME .1000* 1000* .1000- e e EXISTING INTERSECTION CAPACITY UTILIZATION .7934 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. . EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .q 56 i Estimated from previous year ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2 -1_63 PROJECT FORM 11 INTERSO ION CAPACITY UTILIZATION ANA* S Intersection COAST HIGHWAY @ DOVER DRIVE /BAYSHORE DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 1982) Noreaient PROPOSED EXIST. PR.NR. EXIST. V/C REGIONAL ~M COMMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT anesI ca Lanes lD. Lanes EiD• Vol. Ratio Vol we Vol we w/o Project Vol we Vol we V/C Ratio NL 1600 23 .0144 .0144 .0144 NT. 3200 40 .0231* .0231+ .0231* NR 34 1 I - - SL 4800 752 .1567* .1567* .1567 ST 1600 52 .0325 .0325 .0325 SR 1600 130 .0813 3 .0831 .0831 EL 3200 127 .0397* 6 o416* 0416* ET 4800 1198 .2544 19 286 .3179 4o .3262 ER 23 - - WL 1600 24 .0150 .0150 .0150 WT 4800 1809 * 22 493 .4841* 4 .4935* WR N.S. 1 25 - - YELLOWTIME 1000* .1000* 1 .1000` EXISTING INTERSECTION CAPACITY UTILIZATION ,6964 1 i EXISTING PLUS COlMITTED PLUS REGIONAL GROWTH Y /PROPOSED IMPROVEMENTS I.C.U. M075 055 EXISTING PLUS COIMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. I 6149 ® Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: i Newport Dunes DATE: 2 -1 -83 PROJECT FORM II INTERSEO ON CAPACITY UTILIZATION ANAL* Intersection COAST HIGHWAY / BAYSIDE DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) Movement EXISTING PROPOSED EXIST. P REGIONAL GR0111N COWITTED PROJECT PROJECTED Y/C R+tio RROJEC7 PROJECT lanes Gp. Lanes C+p. Vol. ol. Yolune Volans r/o ProSect Volans V/C R+tfo VolNL 3200 jEXIS1 5 .2159* .2159 NT 19 .011 .011 NR N. S. 22 - - SL 1600 15 .0094 1 0100 92 .06 ST 1600 5 * .0275* .0500' SR 39 6 EL 1600 56 .0350* .0350* 34 .0562* 4800 1544 .3217 18 267 .3790 8 .3827 1600 535 .3344 6 .3381 .3381 M 1600 42 02 3 .0263 .0263 4800 2369 .4979* 18 509 .6091* 9 .6266* 21 2 - 80 YEIIOWTIME 1000* .1000* i i .1000* e e EXISTING INTERSECTION CAPACITY UTILIZATION 1 .8748 j J EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. 865 J i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 1.0487 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2-1-83 ' PROJECT FORM II INTERSEOON CAPACITY UTILIZATION ANALY� Intersection COAST HIGHWAY / JAMBOREE ROAD i ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 8$ Movement EXISTING PROPOSED EXIST. PK.NR. EXIST. Y/C REGID14AL GROWTH COMMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lams AD Unea Cap. Vol. Ratio Volume Volume r/o ProjeCt Yolune Volume V/C Ratio NL 1600 48 .0300* .0300* -0300--z NT . 3200 274 .1019 12 .1056 .1056 NR 52 SL 1600 163 .1019 5 .1050 9 .1106 ST 3200 594 .1856 29 .1946 .1946 SR 3200 1046 .3269* 8 402 .4550* 80 .4800* EL 3200 581 .1816* 5 179 .2390* 91 .2675'° ET 3200 1095 .3422 8 1 110 .3790 9 .3818 ER 1600 27 .0169 1 .0175 .01 WL 3200 88 .0275 .0275 .027 WT 4800 1267 * 28 157 .3025* 8 .3041* WR N.S. 42 - --- 10 YELLOWTIME 1000* ; .1000* i i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION .9025 M I EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U.11,1265 I I EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Newport Dunes DATE: 2 -1 -83 PROJECT FORM II INTERSE4,ON CAPACITY UTILIZATION ANALY' Intersection COAST HIGHWAY @ NEWPORT CENTER DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 1982) Movement Ean5T1 KG PROPOSED EXIST. PK.RR. EXIST. REGIONAL COWITTED PROJECT PROJEETED V/C Ratio PROJEC7 PROJECT Lanes Cap. Lanes Cap. Vol. Ratio Ratio Vol Vol une Volume w/o Project Volume V/C Ratio Volume NL--- - - - - - - - NT- - - - - - - - - NR- -- - - - - - - - SL 3200 466 .1456*- 49 .1609' 16o9* ST SR N.S. 686 - -- 2 - 8 EL 3200 233 .0728 4 .0741 9 .0768 ET 3200 1157 .3616* 103 •3700* 9 1 .4050*- ER- -- - - - - - - WL- -- - - - - - - - - WT 1 3200 827 .2725 28 141 .3253 8 .3278 WR N.S. 106 22 - - - YELLOWTIME .1000* .1000* I i ,1000* i EXISTING INTERSECTION CAPACITY UTILIZATION .6072 EXISTING PLUS C"ITTED PLUS REGIONAL GROWTH W /PROPOSED INPROYEMENTS I.C.U. ,6309 i EXISTING PLUS COMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .6659 © Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2 -1 -83 PROJECT FORM II INTERSOON CAPACITY UTILIZATION ANAL' Intersection JAMBOREE ROAD @ SANTA BARBARA DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 1982) lbvena nt EXISTING PROPOSED EXIST . PK.MR. EAST. VIC REGIONAL WWH COMMITTED PROJECT PROJECTED VIC Ratio PROJECT PROJECT Lanes CAP. Lanes Cap. Vol. Ratio Volume Volume M/0 Project Volume VIC Ratio Volume NL NT , 4800 774 .1613 2 76 .1775 107 .1997 NR 1600 1 84 .0525 90 .1087 .1087 SL 3200 184 .0575 156 .1062 .1062 ST 3200 1297 .4053 * 3 154 .4543* 95 .4840- SR EL - ET - - ER 377 212 - - 4WL WT 6400 .1064* .2010* 2010* WR 304 394 1 - - YELLOUTIME 1000* .1000* i i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION i W EXISTING PLUS COMWITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEWNTS I.C.U. i EXISTING PLUS C"ITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 7850 ® Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2-1-63 PROJECT FORM II " INTERSE69N CAPACITY UTILIZATION ANALY(p Intersection JAMBOREE ROAD / SAN JOAQUIN HILLS ROAD ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19B2) Ibvement EXISTING PROPOSED EXIST. PK.HR. EXIST. V/C REGIONAL GROWTH COMIITTED PROJECT PROJECTED VIC Ratio PROJECT PROJECT lanes Cap. Lanes Cap. Vol. Ratio Volume Volume w/o Project Volume Volume V/C Ratio NL 1600 99 .0619* .0619* .0619* NT 4800 866 .1804 3 493 .2837 98 .3041 NR N.S. 76 - -- 28 1 - 9 - SL 3200 465 .1453 83 .1712 .1712 ST 3200 1057 .3303* 4 349 .4406- 95 .4703'° SR N.S. 193 --- - EL 1600 73 .0456* o4 6* o4 6' 3200 29 .0091 .0091 .0091 N.S. 31 - -- - - J 4800 158 49 8 0444* N. S. 40 164 YELLOWTIME 1000* � .1000* 1 '1 .1000` 1 I i EXISTING INTERSECTION CAPACITY UTILIZATION ,5822 1 1 I EXISTING PLUS COMMITTED PLUS REGIONAL GRDWTH W /PROPOSED IMPROVEMENTS I.C.U. .7026 1 i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .7340 ® Projected plus project traffic I.C.U. will be less than or equal, to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Newport Dunes DATE: 2-1-83 PROJECT FORM II 1NTEROION CAPACITY UTILIZATION ANA #S Intersection JAMBOREE ROAD @ FORD ROAD /EASTBLUFF DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19ja?) Movement EXISTING PROPOSED EXIST. PR.NR. EXIST. Vic REGIONAL GRONIN COIMITTED PROJECT PROJECTED VIC Ratio PROJECT PROJECT Lanes Cap. Lanes cap. Vol. Ratio Volone Vol une w/o Project Volume VIC Ratio Voluae NL 3200 387 .1209* 12 .1246* 1246` NT 4800 1342 .3033 4 6o4 .4439 98 .464 NR 114 6 SL 1600 94 .0588 40 .0837 .0837 ST 3200 1759 .5497* 4 411 .6793` 88 o68* SR 1600 52 .0325 .0325 EL 1600 12 .0075 .0075 .0075 ET 3200 118 .1156* 1 .1171* 1171* ER 252 5 - WL 4800 183 .0650* 11 o672* .0672* WT 129 WR 1600 17 .0106 1 .0200 .0200 YELLOWTIME .1000* x.1000* 1 1D00* EXISTING INTERSECTION CAPACITY UTILIZATION 9512 j t EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 1.11 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.L.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Newport Dunes DATE: 2-1 -83 PROJECT FORM II INTERS•ION CAPACITY UTILIZATION ANALO.i Intersection BRISTOL STREET /JAMBOREE ROAD ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 84 MoH,nt EXISTING PROPOSED EXIST. Pc. xR. EXIST. Y/C REGIONAL WtplfH COMMITTED PROJECT PROJECTED Y/C Ratio PROJECT PROJECT Lanes Cap. Lanes Cap. Vol. Ratio GROWTH YREe W/o Project me Val um Y/C Ratio Vol um NL- - -- - - - - - - - - NT 8000 2271 .2854* 5 1D71 .42D3* 98 .4326* NR 12 41 - SL ____ ST 4800 743 .1548 1 203 .1972 40 .2056 SR -_ -- EL 1600 201 .1256 41 .1512 .1512 ET 3200 818 .2556 47 122 .3084 .3084 ER 3200 1189 .3559* 296 .4640* 48 .4790* WL---- - - WT - --- - - WR - --- - - YELLOWTIME .1000* .1000* i i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION .7413 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. .974-3771 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 1.0116 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: i Newport Dunes DATE: 2 -1-83 PROJECT FORM II INTERS•ION CAPACITY UTILIZATION ANALO Intersection BRISTOL STREET N. /JAMBOREE ROAD ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19�2) EXIST. EXIST. REGIONAL COMMITTED PROJECTED Movement ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2-1-83 PROJECT FORM II EXISTING PROPOSED PK.NR. V/C GROWTH PROJECT V/C Ratio PROJECT PROJECT Lanes Cap. Lanes Cap. Vol. Ratio Volune Vol uae w/o Project Volume V/C Ratio Vol we NL 4800 1753 .3652* 721 .5154* 53 .5264-' NT 3200 804 .2513 6 420 .3843 45 .3984 NR- -- - - -- - - SL- -- - --- - ST 4800 843 .1756* 3 280 .23451 4o .2429* SR 1600 465 .2906 45 .3187 .3187 EL- --- - --- - - ET- - -- - - -- - - ER- - -- ---- - - WL 16 - WT 6400 684 .1139* 15 195 .1467* .1467* WR 29 - - YELLOWTIME 1000* i .1000* i i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION 7547 1 M EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. 66 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. t 1.0160 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2-1-83 PROJECT FORM II INTERS10 ON CAPACITY UTILIZATION ANAL* Intersection MACARTHUR BOULEVARD /JAMBOREE ROAD i ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 1SB2 ) No�anent EXISTING PROPOSED EXIST. pX,XR. EXIST. V/C REGIONAL GROWTH CONM1ttED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes Cap. Lanes Lap. Vol. Ratio Volume Vol we w/o Project Volume Y/C Ratio Volme NL 1600 58 .0363 .0363 .0363 NT 4800 347 .0917* 1 216 .1587' .1587` NR 93 105 - - SL 1600 190 ,1188* 5 .1218* .1218- ST 4800 650 .1354 6 278 .1945 .1945 SR N 409 146 - 8 - EL 3200 2 6 ,0706* 156 .11 .1221* ET 4800 622 1 .1296 2 160 .1633 36 1 .1708 ER N.S. 13 WL 3200 297 .0928 72 .1153 .1153 WT 4800 795 .1656* 6 201 .2087* 32 .2154` WR N.S. 1 29 YELLOWTI14E 1000* 1000* i i .1000` EXISTING INTERSECTION CAPACITY UTILIZATION ,5467 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH M /PROPOSED IMPROVEMENTS I.C.U. .70 5 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .7180 ® Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.L.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2 -1 -63 PROJECT FORM II INTERSO ON CAPACITY UTILIZATION ANAL*' Intersection JAMBOREE ROAD /CAMPUS DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 6t Moveaent EXISTING PROPOSED EXIST. EAST. REGIONAL CORIITTED PROJECT PROJECTED V/C Ratio PROJECT PRDJECT Lanes Cap. Lanes Cap. Vol. Yo1. Ratio Wtlo Volume Vol Yoiune w/o Project Vol uee Yolune V/C Ratio HL 1600 48 ,0300 .0300 .0300 NT A 4 1532 4 .3615* 9 466 .4693* 6 .4768* NR 203 43 - - SL 3200 332 .1037* .1037' .1D37* ST 4800 669 .1546 231 .2093 32 .2160 SR 73 J 32 - - EL 4800 474 .2031* 160 .2406' .2406-: ET 501 20 - - ER N.S. 16 - - WL 1600 129 .0806 11 .08 .06 WT 3200 350 .1093' 20 .1156` .1156* WR 1600 272 .1700 .1700 YELLOWTIME 000* .1000* i i .1000` t � � EXISTING INTERSECTION CAPACITY UTILIZATION .8776 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. 1,02 2 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.L.U. 1.0367 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Newport Dunes DATE: 2 -1 -83 PROJECT FORM 11 INTERSF6-ON CAPACITY UTILIZATION ANALY Intersection BRISTOL STREET /BIRCH STRE T ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 84 Ibraaent EXISTING PROPOSED [XIST. PX.NR. EXIST. V/C REGIONAL GRNTN COWITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes Cap. lefts Cap. Vol. Ratio Vol une Vol une w/o Project Volim Vic Ratio Volune NL - - -- NT 1600 106 33 .1006* 1oo6* NR 22 SL 1600 194 .1213* .1213* 1213* ST 3200 315 .0984 .1050 SR ---- 68 - - EL L 260 23 - - ET 6400 2336 .4159* 54 467 1 .5009` 48 1 .0584* ER 66 WL WT WR YELLOWTINE 1000* .1000* i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION 1 .7172 j t EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. 22 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. L73=3 M Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Newport Dunes DATE: 2 -1 -83 PROJECT FORM II INTERSFO.ON CAPACITY UTILIZATION ANAI)v Intersection BRISTOL STREET N. / BIRCH STREET ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) Movement EXISTING PROPOSED EXIST. PK.MR. EXIST. V/C REGIONAL GWK COMMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes Cap. Lents Cap. Vol. Ratio Volume Volume w/o Project Volume V/C Ratio Volume NL 1600 0381* .0400 0400 NT _ 3200 305 .0953 327 .1975 .1975 NR- SL ST 1600 401 .2506* 48 .2806 .2806 SR 3200 821 .2566 619 .4500* .45oo* EL - - ET I - - ER I I - I - WL ni 148 36 - - WT 6400 2893 .4828* 63 979 .6514* 53 .6596` WR 49 1 - - YELLOWTIME 1 J I 1 ad M .1000* .1000* EXISTING INTERSECTION CAPACITY UTILIZATION i I EXISTING PLUS COM ITTED PLUS REGIONAL GROWTH M /PROPOSED IMPROVEMENTS I.C.U. 1).2014 I i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 11 .2096 ❑ Projected plus project traffic I.L.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with Systems improvement will be less than or equal to 0.90 Description of system improvement: i Newport Dunes DATE: 2-1-83 i PROJECT FORM II INTERSEr7TON CAPACITY UTILIZATION ANALYS•C Intersetion NEWPORT BOULEVARD @ HOSPI* ROAD ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 1982) Ibreaient EXISTING PROPOSED EXIST. PK. NR. EXIST. Y/C REGIONAL CRpfiN COMMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT ❑ P Lanes GP. Lanes GD• Vol. Ratio Vol we Volaae Volume Project Volume Y/C Ratio NL 1600 160 .100D` 2 .10121 .10121 NT 4800 1031 .2262 70 .2408 27 .2464 NR 55 - - SL 1600 29 .0181 .0181 .0181 ST 4800 1276 .2966* 47 .30621 24 .3125` SR J 147 J - - EL 1600 183 .1144 * 75 .1612' 1612* ET 3200 152 .1609 .1609 1 .1609 ER 363 - - wL 45 zo - WT 3200 182 .1066* •1128` •11281 WR 14 - - YELLOWTIME 1 0* x.IDOD* .10001 EXISTING INTERSECTION CAPACITY UTILIZATION .7176 1 i XISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. .7814 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 7 !! ® P Projected p plus p project t traffic I.L.U. will be less than or equal to 0.90 ❑ P Projected p plus p project t traffic I.L.U. will be greater than 0.90 ❑ P Projected p plus p project t traffic I.C.U. with systems improvement will be less than o or equal to 0 0.90 Newport Dunes PROJECT 1 DATE: 2 -1 -83 FORM II APPENDIX C INTERSECTION CAPACITY UTILIZATION INTERSECTION IMPROVEMENTS INTE r -TION CAPACITY UTILIZATION AN�31S Intersection COAST HWY. /RIVERSIDE A (option 1) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) Ho repent Ell STING PROPOSED EXIST. ►R.HR. EXIST. VIC REGIONAL GROWTH COhITTED PROJECT PROJICTED Y/C Ratio PROJECT PROJECT Lane$ Cap. lanes Cap. Vol. Ratio Winne Volone r/o Project Yolue Vol one V/C Ratio L 3 .0063 .0063 .0063 j T P 1600 4 - NiF 3 - - , 36 - 1 7 .0800 .0800 P91 1600 3200 390 .24371 2 .2450* .12251 1600 299 .1869 9 1925 •1925'° ET 11 3200 1401 .4378 * 23 388 15662* 4o .5787 ER 0 - WL 1600 19 .0119* .01191 .0119 WT 4800 1746 .3638 24 636 .5012 45 .51061 WR 1600 33 .0206 .0206 .0206 YELL0I1TIME .1000* .10001 j .10001 t EXISTING INTERSECTION CAPACITY UTILIZATION .7934 j E EXISTING PLUS C"ITTED PLUS REGIONAL GMH W /PROPOSED IMPROVEMENTS I.C.U. .9 EXISTING PLUS [OMITTED PLUS REG104AL GROWTH PLUS PROJECT I.C.U. .925 Estimated from previous year ❑ Projected plus project traffic I.L.U. will be less than or equal to 0.90 ® Projected plus project traffic I.L.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Restripe to add a second southbound right lane. Newport Dunes DATE: 2 -1 -83 PROJECT '-- -- .-�_- - -- FpRt4 71 INTE TION CAPACITY UTILIZATION AN -)IS Intention COAST HWY. /RIVERSIDE AV (Option 2) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) Mo.Mrnt EX $T I MG PROPOS ED EXIST. PR.NR. EXIST. WE REGIONAL GRpI1N COMMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Uses GD Lanes Cap. Vol. Ratio Vol sane Vol sane •/o Project Vol sane Vol sane Vic Ratio 3 .0063 .0063 .0063 1 1600 4 - NR g - - SL 91 36 - - ST 1 .0800 .0800 SR 1600 390 .2437 2 .2450* .2450` EL 1600 299 .1869 9 .1925 .1925 ET 3200 4800 1401 .4378 * 23 388 .5662* 4o .42 7 ER 0 - - WL 1600 19 .0119* .0119* .0119* WT 4800 1746 .3638 24 636 .5012 45 1 .5106:': WR 1600 1 33 .0206 1 .0206 T .0206 YELLONTIME 1000* .1000* .1000` EXISTING INTERSECTION CAPACITY UTILIZATION .7934 j I EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH M /PROPOSED INPROVEWNTS I.C.U. .9231 i EXISTING PLUS [OMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 8 6 Estimated from previous year ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.C.U. will be greater than 0.90 Q Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: Add a third eastbound through lane right -of -way needed Add a third eastbound through lane, additional right -of -way needed. Newport Dunes DATE: 2 -1 -83 PROJECT FORM 11 INTERSF ION CAPACITY UTILIZATION ANAL'IS Inters ;tion COAST HIGHWAY / BAY51DE % VE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 82) Noremint EXISTING PROPOSED EXIST. PX.MR. EXIST. V/C RE GI ONAI GRMH COWITTID PROJECT PROJECTED Y/C Ratio PROJECT PROJECT Lanes Lao• Lents Cap. Vol. Ratio Vol same Volume •/o project Volume Vol une V/[ Ratio NL 3200 44* 5 -21591 .2159• NT 1600 19 .0119 .011 .011 NR N.S. 22 - - SL 1600 1600 15 .0094 1 .0100 92 .0706 ST 1600 0 5 * .0275* SR 1600 39 _ 36 o468 EL 1600 56 .0350* -0350* 34 .0562* ET 4800 1544 .3217 18 267 •3790 8 .3827 ER 1600 535 .3344 6 •3381 .3381 WL 1600 42 .0263 .0263 .0263 WT 4800 6400 2369 .4979* 18 509 .6091* 9 .4700 WR 21 2 - 80 1 - YELLOWTIME .1000* 1000* i 1000* 1 1 EXISTING INTERSECTION CAPACITY UTILIZATION ,8748 t I i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. r 9865 1 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. I BB89 ❑ Projected plus project traffic T.C.U. will be less than or equal to 0.90 n Projected plus project traffic I.C.U. will be greater than 0.90 ® Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Fourth westbound through lane condition of Marriott development. Restripe to provide one right lane and one southbound through left lane I Newport Dunes DATE: 2-1-83 PROJECT FORM 1I INTERS'ION CAPACITY UTILIZATION ANPO IS Intersection JAMBOREE ROAD R FORD ROAD /EASTBLUFF DRIVE ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19_a?) Movement EXISTING PROPOSED EXIST. PK.NR. EXIST, V/C REGIOM0.L GRDYTN C"ITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes CAP_ Lanes Cap. Vol. Ratio Voluoe Volta" w/o Project Volune Volwn V I C Ratio NL 3200 387 .1209* 12 .1246* 1246* NT 4800 1342 .3033 4 604 .4439 98 .464 NR 114 6 SL 1600 94 .0588 4o .0837 .0837 ST 3200 4800 1759 .5497* 4 411 .6793* 88 •4712-- SR 1600 52 .0325 .0325 2 EL 1600 12 .0075 .0075 .0075 ? ET 3200 118 .1156* .1171* .1171* ER 252 5 - - WL 4800 183 .0650* 11 .0672* .06721 WT 129 WR 1600 17 .0106 1 1 .0200 .0200 YELLOWTIME .1000* x,1000* i 1,1000* EXISTING INTERSECTION CAPACITY UTILIZATION .9512 I EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. t,88 01 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.L.U. will be greater than 0,90 ED Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 - -- - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - Description of system improvement: City to be widening road and providing soundwali along westerly side of Jamboree between Ford Road and Eastbluff north. Newport Dunes DATE: 2 -1-83 I. PROJECT FORM II INTERSEQ0 N CAPACITY UTILIZATION ANALY (p . Intersection JAMBOREE ROAD /CAMPUS DRIVE (Option 1) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19_g Movement EXISTING PROPOSED EXIST. PG.NR. EXIST. V/C REGIONAL GROWTH [OMITTED PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes Cap. lanes Cap. Vol. Ratio Votuae Vol we r/o Project Voluae Vol une V/C Ratio NL 1600 48 .0300 .0300 .0300 NT 4800 6400 1532 .3615* 9 466 .4693* 36 .3576' NR 203 43 - - SL 3200 332 .1037* .1037* 1037-` ST 4800 669 .1546 231 .2093 32 .2160 SR 73 32 - - EL 4800 474 .2031* 160 .2406* .24061 ET 501 20 - - ER N.S. 16 - - WL 1600 129 .0806 11 .08 .06 WT 3200 350 .1093` 20 .1156* .1156* WR 1600 272 .1700 1 .1700 i YELLOWTIME 1000* .1000* .1000* EXISTING INTERSECTION CAPACITY UTILIZATION .8776 t EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED IMPROVEMENTS I.C.U. 1.02 2 i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. •9175 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 - ----- -- ------ -- - - - - - - - - - - - -- - - - - - - - - Description of system improvement: Restripe to provide four northbound through lanes. Newport Dunes DATE: 2 -1 -83 PROJECT FORM 11 INTERS ION CAPACITY UTILIZATION ANA 'S Intersection JAMBOREE ROAD /CAMPUS OR* (option 2) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 8� Moremini EXISTING PROPOSED EXIST. PX.HR. EXIST. V/C REGIONAL GROWTH COMIITTEG PROJECT PROJECTED V/C Ratio PROJECT PROJECT Lanes Lap. lanes Cap• Vol. Ratio Vol Volume w/o Project Valle Vol me V/C Ratio NL 1600 48 .0300 .0300 .0300 NT 4800 6400 1532 .3615* 9 466 .4693* 36 .3576* NR 203 43 - - SL 3200 332 .1037` 1037* .1037 ST 4800 669 .1546 231 .2093 32 .2160 SR 73 32 - - EL 4800 3200 474 .2031* 160 .2406* .1981* ET 3200 501 20 - .191S ER N.S. 16 - WL 1600 129 .0806 It .06 08 WT 3200 350 .1093* 20 .1156* .1156* WR 1600 272 .1700 1700 YELLDWTIME 1000* .1000* i i .1000* EXISTING INTERSECTION CAPACITY UTILIZATION .8776 i E i EXISTING PLUS COMMITTED PLUS REGIONAL GRDWTH W /PROPOSED IMPROVEMENTS 1.C.U. 1.02 2 i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .6750 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ❑ Projected plus project traffic I.L.U. will be greater than 0.90 ® Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: 1 Restripe to provide 4 northbound through lanes 2 Convert free eastbound right lane to an eastbound through lane to provide for two eastbound through lanes. 3 The resultant off -set Campus Drive intersection may require additional right -of -way to accommodate eastbound through lanes. Newport Dunes DATE: 2 -1 -83 PROJECT FORM II „ - INTERS §r'ION CAPACITY UTILIZATION ANALYSTS Intersection COAST HIGHWAY / JAMBOREIROAD (option 1) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 8a Mo.emse °t EXISTING PROPOSED EXIST. PK. EXIST. REGIONAL VROInN COMMITTED PROJECT PROJECTED VIC Ratio PROJECT PROJECT Lanes LaD• Lanes Cap. vol. l. Ratio Vol umr volume w/o Project volume V/C Ratio Volume NL 1600 48 -0300 NT 3200 274 12 .1056 NR 52 SL 1600 109 3 9 ST 3200 594 29 .1946 SR 3200 1046 8 402 8o .4800* EL 3200 389 5 120 91 .1890 ET 3200 4800 1095 8 1 110 9 •2545 ER 1600 27 1 1 .01 WL 3200 88 .027 WT 4800 1267 28 157 8 .3041* WR N.S. 28 7 YELLOWTIME ,1000* a t EXISTING INTERSECTION CAPACITY UTILIZATION EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 9141 ❑ Projected plus project traffic I.C:U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 Description of system improvement: 1 City improvement of 3rd eastbound through lane 2 Eonstruction of Backbay /Coast Highway intersection with a diversion of 33 percent of Coast Highway /Jamboree's southbound lefts, eastbound lefts and westbound rights. Newport Dunes DATE: 2 -1 "83 PROJECT FORM 1I IN1 TERSErTION CAPACITY UTILIZATION ANALYgIS Inters1tion COAST HIGHWAY / JAMBORPROAD (Option 2) ( Existing Traffic Volumes Bases on Average Daily Traffic Winter /Spring 19 8?1 Movement EXISTING PROPOSED EXIST. pK.NR. EXIST. V/C REGIONAL GROVTX COMMITTED CT PROJECT PROJECTED V/C Ratio PROJECT PROJECT lanes Cap. lanes Cap. Vol. Ratio Yolune YR w/o Project Volune V/C Ratio Volune NL 1600 48 .03001 NT 3200 274 12 .1056 NR 52 SL 1600 log 3 9 .0756 ST 3200 594 29 .1946 SR 3200 1046 8 402 80 .48001 EL 3200 JB9 5 120 91 .18go ET 3200 4800 1095 8 1 110 9 •2545° ER 1600 27 1 .01 WL 3200 88 .0275- WT 4800 6400 1267 28 157 8 .2466 WR N.S. 28 7 YELLOWTIME I .1000* EXISTING INTERSECTION CAPACITY UTILIZATION l I ' i EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W /PROPOSED INPROVEMENTS I.C.U. EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. 8 20 ❑ Projected plus project traffic I.C.U. will be less than or equal to 0.90 ® Projected plus project traffic I.C.U. will be greater than 0.90 ❑ Projected plus project traffic I.C.U. with systems improvement will be less than or equal to 0.90 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Description of system improvement: 1 Same as Option 1 2 Same as Option 1 3 Add a fourth westbound through lanes (70% of capacity utilized). Newport Dunes DATE: 2 -1 -83 PROJECT F0RX, II APPENDIX D NEWPORT DUNES LAND USE ALTERNATIVES 0 0. CITE' OF NEWPORT BEACH January 12, 1983 P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 PLANNING DEPARTMENT (714) 640 -2197 Bill Kunzman Kunzman Associates 4664 Barranaca Prkwy. Irvine, CA 92714 SUBJECT: Traffic Phasing Ordinance - Newport Dunes Dear Bill: Pursuant to our phone conversation of January 12, 1983, please submit a proposal to a Traffic Study for the Newport Dunes project. The study must be prepared in accordance with the City's Traffic Phasing Ordinance and City Policy S -1. We have enclosed a copy of the statistical summary of each of three (3) alternatives the study must be accomplished on. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �, Le-a�- F*-.) Fred Talarico, Environmental Coordinator FT:tn 3300 Newport Boulevard, Newport Beach - xCOURTON 8 ASSOCIATES + 2967 BYSY1e53 Carter MM UM 203, tVMII, Wf=0 92715 0141 752.90M 201 S. lake AMU*, Sulfi ca fVrAa 911M (213) n51998 January 4, 1963 \>>l RFC JE f y DEPgfVING Mr. Robert Burnham, City Attorney ,Jq MENT City of Newport Beach 7 X98?. 3300 Newport Boulevard: =� Newport Beach, CA 92663 c'ACi "4cH i Dear Bob: Enclosed are statistical summaries of three Land Use Alternatives which should be considered for the Traffic Phasing Ordinance Study to be conducted for the Newport Dunes Project. It is the desire of the Newport Dunes that all three alternatives be evaluated to provide a knowledge of the types of improvements which may be required. It is our understanding that the product resulting from this study will be an identification of needed traffic improvements and an engineering cost estimate of those improvements. The three statistical summaries represent the proposals advanced by the County of Orange, Newport Dunes, Inc. and the City. As you can see in the summary on page 4, we are willing to meet most of the conditions outlined in your letter of November 23, 1982. The proposed Family Inn must be sized for at least 275 rooms for it to be economically feasible. The Newport Dunes has reduced the Family Inn size from the 350 rooms included in the Local Coastal Program. The Commercial and Office uses have also been reduced significantly. with your concurrence we will conduct the traffic study through the City of Newport Beach. If the improvements are reasonable and within our economic scope, we will settle with the City. Thank you very much for your cooperation. me if you have any questions. per truly yours, / awrence H. Buxton President I Concur: Robert Fisher Planning Director Orange County Environmental Management Agency Please feel free to contact kl(z "Z-- - ert Burnh m City Attorney City of Newport Beach EnwWwontal aeseartn • Gaft"a cal faaataWt • paw" ana ftur M 0 ALTERNATIVE I - COUNTY ADOPTED PLAN (12/3/80) AREA A EXISTING 0 Family Inn rooms 7000 sq. ft. commercial - Anthony's - Marina Dunes 0 sq. ft. office AREA B EXISTING 7000 sq. ft. commercial -Dunes headquarters - maintenance - storage areas -boat launch - family restaurant - nautical commercial -store -snack bars -RV center - restrooms - security 0 sq. ft. office EXISTING TOTALS AREA A PROPOSED 350 Family Inn rooms maximuml 25000 sq. ft. commercial - Anthony's - Marina Dunes - nautical commercial 10000 sq. ft. office AREA B PROPOSED 22000 sq. ft. commercial -Dunes headquarters - maintenance' - storage areas -boat launch - family restaurant - nautical commercial -store -snack bars -RV center - restrooms security - covered dry boat SYorage2 - quality restaurant .interpretive center 10000 sq. ft. office PROPOSED TOTALS 0 Family Inn rooms 350 Family Inn rooms 14000 sq. ft. commercial 47000 sq. ft. commercial 0 sq. ft. office 20000 sq. ft. office 1) Includes 3000 sq. ft. of meeting rooms and 4000 sq. ft. coffee shop. 2) Does not include covered dry boat storage, permitted but subject to separate agreement. 3) Includes 4000 square foot quality restaurant. ALTERNATIVE II - NEWPORT DUNES PROPOSAL (June 1982 Proposal) AREA A EXISTING 0 Family Inn rooms 7000 sq. ft. commercial - Anthony's - Marina Dunes 0 sq. ft. office AREA B EXISTING 7000 sq. ft. commercial -Dunes headquarters - maintenance - storage areas -boat launch - family restaurant - nautical commercial -store -snack bars -RV center - restrooms - security 0 sq. ft. office EXISTING TOTALS 0 Family Inn rooms 14000 sq. ft. commercial 0 sq. ft, office AREA A PROPOSED 275 Family Inn rooms maximuml 15000 sq. ft. commercial - Anthony's - Marina Dunes - nautical commercial 5000 sq. ft. office AREA B PROPOSED 12000 sq. ft. commercial -Dunes headquarters maintenance - storage areas -boat launch - family restaurant - nautical commercial -store -snack bars -RV center - restrooms - security - covered dry boat st5orage2 - quality restaurant - interpretive center 10000 sq. ft. office PROPOSED TOTALS 275 Family Inn rooms 27000 sq. ft. commercial 15000 sq. ft. office 1) Includes 3000 sq. ft. of meeting rooms and 4000 sq. ft. coffee shop. 2) Does not include covered dry boat storage, permitted but subject to separate agreement. 3) Includes 4000 square foot quality restaurant. ALTERNATIVE III - CITY SUGGESTED (Per Letter of 11/23/82) AREA A EXISTING, 0 Family Inn rooms 7000 sq. ft. commercial - Anthony's - Marina Dunes 0 sq. ft. office AREA B EXISTING 7000 sq. ft. commercial -Dunes headquarters - maintenance - storage areas -boat launch - family restaurant - nautical commercial -store -snack bars -RV center - restrooms - security 0 sq. ft. office EXISTING TOTALS 0 Family Inn rooms 14000 sq. ft. commercial 0 sq. ft. office AREA A PROPOSED 200 Family Inn rooms maximum 12000 sq. ft. commercial - Anthony's - Marina Dunes - nautical commercial 5000 sq. ft. office AREA B PROPOSED 12000 sq. ft. commercial -Dunes headquarters maintenance - storage areas -boat launch - nautical commercial -store -snack bars -RV center - restrooms - security - covered dry boat Storage 2 - quality restaurant - interpretive center 10000 sq. ft. office PROPOSED TOTALS 200 Family Inn rooms 24000 sq. ft. commercial 15000 sq. ft. office 1) Includes 3000 sq. ft. of meeting rooms and 4000 sq. ft. coffee shop. 2) Does not include covered dry boat storage, permitted but subject to separate agreement. 3) Includes 4000 square foot quality restaurant. ,1 a a a O 2 w a a a s 0 U u C H N d C O WI ry u c ry 4 d w w M t u A d m y U4 O N M v 0 N E O O l+ c C H T .y M E m r.. Ln r N N E O O sr c c i, M E �0 W Ln r- 0 O rr C C ►y >. M E A rL 0 0 N y � 04 A w M W w u N L d ice+ d L U A E A .+ u o aw N U N O 0 0 0 0 0 0 r u+ N In ai al .r v m W M u sv+ w 7 1 O' O o N u 1 O O C rn s+ a+ d A a W M W U N L d �U AE O' O CT W N U N W O 0 0 0 0 C 0 w In N I