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15 - Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street (PA2023-0040)
Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 13, 2024 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Lee, Senior Planner - 949-644-3225, dlee@newportbeachca.gov TITLE: Resolution No. 2024-10: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street (PA2023-0040) ABSTRACT: Pursuant to Section 4.3 of the 2008 John Wayne Airport Environs Land Use Plan (AELUP) and Section 21676(b) of the California Public Utilities Code, the City of Newport Beach is required to submit the Residences of 1401 Quail Street Project, a development of 67 for -sale condominium units atop a 146-space parking structure (Project), to the Orange County Airport Land Use Commission (ALUC) for a consistency determination with the AELUP. ALUC conducted a hearing on the matter on January 18, 2024, and found the Project to be inconsistent with the AELUP. For the City Council's consideration is a request to consider overriding the ALUC's finding of inconsistency. This action would authorize staff to formally provide notice, pursuant to Public Utilities Code Section 21676 (b), to the ALUC and the State Department of Transportation of Aeronautics Program of the City's intention to override ALUC's inconsistency finding. RECOMMENDATIONS: a) Conduct a public hearing; b) Find that the proposed overriding action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2024-10, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission and State Department of Transportation, Aeronautics Program of the City's Intention to Find that the Residences at 1401 Quail Project is Consistent with the Purpose of the State Aeronautics Act and Overrule the Orange County Airport Land Use Commission's Determination that the Project is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2023-0040). 15-1 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 2 DISCUSSION: The subject property is located at the northwest corner of Quail Street and Spruce Street (Figure 1, below) and currently improved with a 22,956-square-foot office building. The project site is one of the 62 new housing opportunity sites in the Airport Area Environs (Airport Area), per the certified 6t" Cycle Housing Element, and is located within the 60 dBA noise contour as a shown in the updated noise contour maps adopted as part of the Housing Element Implementation Noise -Related Amendments. The Property is also located adjacent to the proposed Residences at 1400 Bristol Street Project and across the street from the entitled Residences at 1300 Bristol Street Project. a 70 C N E 65 C N E L Project Location i o L 'IN is E Avg �� 60 Q oPo o�Q� is�o � NIX esa Birch -Park Figure 1: Project Location and Updated Noise Contours Proposed Project The applicant, Intracorp Homes, proposes to demolish the existing office building and associated surface parking and landscaping at the project site and construct 67 for -sale condominium units atop a 146-space parking structure. The parking structure is located on the podium level as well as a subterranean gated level underneath. 15-2 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 3 The Project consists of the following components: • General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed -Use Horizontal); • Planned Community Development Plan Amendment — An amendment to the Newport Place Planned Community (PC-11) to include the Property within the Residential Overlay; • Major Site Development Review - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; • Affordable Housing Implementation Plan - A program specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The Applicant seeks four development standard waivers related to park land dedication, building setbacks, and building height, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks two development concessions related to the mix of affordable units and a waiver of a portion of the required park in -lieu fees, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915; • Development Agreement —A Development Agreement, between the Applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the Applicant with vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project. The proposed Project is designed as a "podium style" structure that consists of five stories over one level of on -grade parking and one level of subterranean parking. The building height would be approximately 81 feet, including architectural elements, parapet, rooftop mechanical equipment, and roof access. The Project is designed with a contemporary modern architectural style, intended to be reflective of the surrounding office setting. It is designed with a darker grey stucco finish on the podium and first floor levels and a white stucco finish for the floors above. (Figure 2, below). 15-3 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 4 Figure 2: Rendering from Spruce Street The 67-condominium-unit project includes 27 two -bedroom units and 40 three -bedroom units. The two -bedroom units would range from 1,304 to 1,963 square feet with four differing layouts. The three -bedroom units would range from 2,097 to 3,174 square feet in size. Of the 67 units, eight units would be for sale and restricted to low and very low-income households. Of the eight affordable units, six would be for very low-income households and two would be for low-income households. The remaining 59 units would be market -rate. Plannina Commission Review and Recommendation On December 21, 2023, the Planning Commission conducted a public hearing to consider the proposed Project. Two members of the public addressed the Planning Commission regarding the Project. At the conclusion of the public hearing, the Planning Commission recommended the City Council approve the Project, by a majority vote (6-0 with one Commissioner absent). The December 21, 2023, Planning Commission Staff Report, Planning Commission minutes excerpts, and Planning Commission Resolution No. PC2023-047 are attached as Attachments B, C, and D respectively. Airport Land Use Commission Review Section 4.3 of the AELUP and Section 21676(b) of the Public Utilities Code require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on the matter at its January 18, 2024, meeting with city staff in attendance, and found the Project is inconsistent with the AELUP. The January 18, 2024, ALUC staff report is attached as Attachment E, and the ALUC inconsistency determination letter is attached as Attachment F. 15-4 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 5 ALUC Override Process As a final review authority on legislative acts, the City Council may choose to override ALUC's determination by following a two-step process, which is established in Public Utilities Code Section 21676. The first step in the process is to conduct a public hearing to adopt a resolution of intention to override, a copy of which would be sent to ALUC and the State Division of Aeronautics to provide formal notification of the City's intent. The second step in the process is that not less than 45-days after notification has been sent to ALUC and State Department of Transportation of Aeronautics Program, the City Council may conduct a second public hearing to consider adopting a resolution to override the ALUC. At this time, the Council may also consider the project entitlements and take final action on the application. The following points are important to consider: The Council's adoption of the attached notification resolution does not constitute the project's approval nor does it predispose the City Council's future action on either the project or the consistency determination; The attached resolution notifying ALUC and the State Department of Transportation of Aeronautics Program of the City's intent, and the resolution to overrule ALUC, which will be presented at a future hearing, must be adopted by a two-thirds vote. Since there are seven Council members, five affirmative votes are needed to pass the resolution. Public Utilities Code Section 21678 states that if the City overrides ALUC's action or recommendation, the operator of the airport shall be immune from liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision to overrule the ALUC determination. Importance of Project Toward Housing Needs As an alternative to overriding the ALUC findings, the City Council can direct the applicant to redesign the project in a manner that the ALUC would find consistent with the AELUP. In this case, staff believes there may not be an alternative given that the ALUC simply does not want residential uses within this proximity to John Wayne Airport, despite the project's apparent consistency with the AELUP. The project site is ideal for the development of a residential project as it is identified as a housing opportunity site. Figure B-3 of the certified 61" Cycle Housing Element (below) displays the capacity and opportunity within the Airport Area which can help accommodate a portion of the City's RHNA. Ultimately, the Project implements the certified 6t" Cycle Housing Element and aids the City in its goal to provide new housing opportunities. 15-5 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 6 Figure B-3: Airport Area Environs —Sites Inventory Site Inventory: Airport Area Environs LEGEND —� City Boundary 5th Cycle 51tes Pipeline Projects opportunity Sites Key Map Ni MEMENE—=1 Feet NO H 0 500 1.000 ENVIRONMENTAL REVIEW: Final action on the Project is not being considered at this time. A complete environmental analysis of the Project is contained in the attached December 21, 2023 Planning Commission Staff Report for which an addendum to an EIR is being proposed. The addendum concludes that the Project is no more impactful to the City than what was studied with the 2006 General Plan Program EIR and the 2013 Housing Element Update Initial Study/Negative Declaration. Nevertheless, the action that is currently before the City Council is consideration of adopting a resolution of intent to override the ALUC's finding that the project is not consistent with the AELUP. The City Council finds the adoption of this resolution is not subject to California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination and it does not authorize the development of the property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considered the Project. 15-6 Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for the Residences of 1401 Quail Street February 13, 2024 Page 7 FISCAL IMPACT: There is no fiscal impact related to this item. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Newport Beach Municipal Code. Additionally, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2024-10 Attachment B — December 21, 2023 Planning Commission Staff Report (no attachments) Attachment C — December 21, 2023 Planning Commission Minutes Excerpt Attachment D — Planning Commission Resolution No. PC2023-047 Attachment E — January 18, 2024 ALUC Staff Report Attachment F — January 23, 2024 ALUC Determination Letter 15- 7 ATTACHMENT A RESOLUTION NO. 2024- 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND STATE DEPARTMENT OF TRANSPORTATION, AERONAUTICS PROGRAM OF THE CITY'S INTENTION TO FIND THAT THE RESIDENCES AT 1401 QUAIL PROJECT IS CONSISTENT WITH THE PURPOSE OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROJECT IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2023-0040) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Intracorp Homes ("Applicant") with respect to the property located at 1401 Quail Street, and legally described as Parcel 1 of Resubdivision No. 341 ("Property"); WHEREAS, the Applicant is requesting approval to demolish an existing office building and develop 67 for -sale condominium units including a 146 space parking structure ("Project") which require the following approvals: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use designation of the Property from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-112); • Planned Community Development Plan Amendment ("PCDP Amendment") — An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") — A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC"), to construct the Project; 15-8 Resolution No. 2024- Page 2 of 9 • Tentative Vesting Tract Map ("VTM") — Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for the 67 condominium dwelling units; • Affordable Housing Implementation Plan ("AHIP") —A program specifying how the Project would meet the City's affordable housing requirements in exchange for a request of a 27.5% increase in density; and including a request for four development standard waivers related to park land dedication, building setbacks, and building height along with two development concessions related to the mix of affordable units and a partial payment of the park in -lieu fee pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq.; • Development Agreement ("DA") — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project while also providing negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports ("Addendum") — An Addendum to the 2006 General Plan Update Program Environmental Impact Report pursuant to the California Environmental Quality Act ("CEQA"), which addresses the reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Newport Place Planned Community— Industrial Site 3A (PC-11) Zoning District; WHEREAS, the Project is not located in the coastal zone; therefore, amending the Local Coastal Program or a coastal development permit is not required; WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") of the 6th Cycle Housing Element as one of the 62 new housing opportunity sites allocated in the certified 6th Cycle Housing Element to meet the City's Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new housing units; 15-9 Resolution No. 2024- Page 3 of 9 WHEREAS, on November 14, 2023, the City Council approved Resolution Nos. 2023-20 and 2023-21 and Ordinance Nos. 2023-20 and 2023-21 authorizing amendments to the Noise Element and Land Use Element of the General Plan, Title 20 (Planning and Zoning) ("Title 20") of the NBMC, Newport Place Planned Community Development Plan (PC-11), and Newport Airport Village Planned Community Development Plan (PC-60) to update the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 ("EIR No. 617"), allowing residential units identified by the certified 6th Cycle Newport Beach Housing Element to be located within the 65 decibel ("65 dBA") Community Noise Equivalent Level ("CNEL") noise contour maps analyzed in EIR No. 617, and incorporating additional noise attenuation measures for future housing units proximate to John Wayne Airport ("6th Cycle Housing Element Implementation Noise -Related Amendments"); WHEREAS, the Property is located within the 60 dBA noise contour as shown in the updated noise contour maps adopted as part of the 6th Cycle Housing Element Implementation Noise -Related Amendments; WHEREAS, a public hearing was held by the Planning Commission on December 21, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (Ralph M. Brown Act), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-047 by a majority vote (6 ayes, 0 nays, 1 absent) recommending that the City Council approve the Project; WHEREAS, California Public Utilities Code ("PUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); 15-10 Resolution No. 2024- Page 4 of 9 WHEREAS, on January 18, 2024, ALUC determined (6 ayes, 0 nays) the Project is inconsistent with the following provisions of the AELUP: a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport"; b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWK; and c. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP [if it] ... (1) [p]laces people so that they are affected adversely by aircraft noise [or] (2) concentrates people in areas susceptible to aircraft accidents..."; WHEREAS, pursuant to Sections 21670 and 21676 of the PUC, the City Council may, after a public hearing, propose to overrule ALUC by a two-thirds vote, if it makes specific findings that the Project is consistent with Section 21670 of the PUC's purpose of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with PUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. 15-11 Resolution No. 2024- Page 5 of 9 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds the Project consistent with the purposes of Section 21670 of the PUC and the AELUP of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Findings and Facts in Support of Findings A. The Project is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide forthe orderly development of John Wayne Airport ("JWA") and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards are intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure that no structures or activities adversely affect navigable airspace. Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4 of the AELUP defines the noise exposure in the 60 dBA to 65 dBA CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact" and in the 65 dBA to 70 dBA CNEL noise contour (Noise Impact Zone 1) as "High Impact." Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential use as "conditionally consistent" within the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent" within the 65 dBA to 70 dBA CNEL noise contour. However, residential uses are not outright prohibited. Instead, Section 3.2.3 of the AELUP requires the residential uses be developed with advanced insulation systems to bring the sound attenuation to no more than 45 dBA within the interior of the building. In addition, residential uses within the 65 dBA CNEL noise contour area are required to be "indoor -oriented" to preclude noise impingement on outdoor living areas. 15-12 Resolution No. 2024- Page 6 of 9 The Project is located within the updated 60 dBA CNEL contour, consistent with the approved 61" Cycle Housing Element Implementation Noise -Related Amendments. Additionally, the Project has been conditioned to provide an acoustical report which describes the best design features of the structure that will satisfy noise standards, be attenuated to provide a maximum interior noise level of 45 dBA and provide advanced air filtration systems to promote cleaner air without the opening of windows. These conditions of approval mitigate noise issues for the Project and are consistent with the 45 dBA interior noise standards of the AELUP. B. The proposed Amendments are consistent with the safety standards of the AELUP. Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which land uses are acceptable in various portions of JWA environs. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, excepting outdoor stadiums and similar uses with very high intensities. Uses that should be avoided include children's schools, large day-care centers, hospitals, and nursing homes. Risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence. The Project is located within Safety Zone 6 and residential uses are allowed in that zone. The City's General Plan Safety Element Policy S 8.6 demonstrates that the City acknowledges the importance of the JWA Safety Zones in providing, "S 8.6 John Wayne Airport Traffic Pattern Zone - Use the most currently available John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations." The Project complies with the policies and regulations within the JWA Airport Planning Area and follows the safety standards of the AELUP as it is located within Safety Zone 6 and is not within the JWA Clear Zone/Runway Protection Zone. 15-13 Resolution No. 2024- Page 7 of 9 C. The Project is consistent with the height standards of the AELUP. Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height restrictions. Section 2.1.3 provides that ALUC consider only one standard as provided in 14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal Aviation Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are the only definitive standard available and the standard most generally used. Section 2.1.3 identifies the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational aids or published flight paths and procedures along with reporting results of such studies and project analysis. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determinations of No Hazard to Air Navigation on August 21, 2023, thereby finding the development does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the proposed building height of the Project assuming an existing site of 51 feet, with a proposed building that is 81 feet above ground level, and 132 feet above mean sea level ("AMSL"). The FAA further found that marking and lighting of the Project are not necessary for aviation safety. Any increase in height of the structure above the proposed 81-foot building height would require a revised Determination of No Hazard to Air Navigation from the FAA. Additionally, there are other buildings in the vicinity of the Project that are taller than the Project including the building located at 1500 Quail Street that is approximately 144 feet AMSL. Section 2: Based on the foregoing findings, the City Council provides this notice of intention to overrule the ALUC's determination that the Project is inconsistent with the AELUP. Section 3: The City Council hereby directs City staff to provide ALUC and State Department of Transportation, Aeronautics Program, with notice of the City's intention to overrule ALUC's determination that the Project is inconsistent with the AELUP. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 15-14 Resolution No. 2024- Page 8 of 9 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination and it does not authorize the development of the Property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considers the Project. 15-15 Resolution No. 2024- Page 9 of 9 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 13th day of February, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 7A " Aaron . Harp City At rney 15-16 Attachment B Planning Commission Staff Report, dated December 21, 2023 (no attachments) 15-17 PO cgL'FOP- SUBJECT: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 21, 2023 Agenda Item No. 5 Residences at 1401 Quail Street (PA2023-0040) ■ General Plan Amendment ■ Planned Community Development Plan Amendment ■ Major Site Development Review ■ Vesting Tentative Tract Map ■ Affordable Housing Implementation Plan ■ Development Agreement ■ Environmental Impact Report Addendum SITE LOCATION: 1401 Quail Street APPLICANT: Intracorp Homes OWNER: Newport Place Investment Company PLANNER: David Lee, Senior Planner 949-644-3225 PROJECT SUMMARY The Residences at 1401 Quail Street includes 67 for -sale condominium units and a 146- space parking structure. The project is located in the Newport Place Planned Community, and at the northwest corner of Quail Street and Spruce Street in the Airport Area. Implementation of the proposed project would require demolition of the existing 22,956- square-foot office building and surface parking on the 1.71-acre site. RECOMMENDATION 1) Conduct a public hearing; 2) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and 3) Adopt Resolution No. PC2023-047 (Attachment No. PC 1) recommending the City Council adoption of an Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, 15-18 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 2 Major Site Development Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and Development Agreement, for the Residences at 1401 Quail Street Project located at 1401 Quail Street (PA2023-0040). VICINITY MAP LOCATION ON -SITE GENERAL PLAN General Commercial Office CO-G ZONING Newport Place Planned CommunityPC11 CURRENT USE Office NORTH CO-G 11 PC11 Office SOUTH EAST CO-G =1 Mixed -Use Horizontal 2 MU-H2 PC11 PC11 Office Office / Vehicle Storage WEST CO-G PC11 Office 15-19 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 3 INTRODUCTION Project Setting The subject property is located in the Newport Place Planned Community (PC-11) and approximately 1.71 acres in size. The project site is rectangular in shape, located at the northwest corner of Quail Street and Spruce Street, and adjacent to office buildings to the north, west, and south, as well as a surface parking lot utilized by Fletcher Jones Motorcars to the east. The property to the south at the east corner of Bristol and Spruce (1300 Bristol Street) has been entitled for residential use and the office building that once occupied the site has been demolished. The abutting property to the south at 1400 Bristol was considered for residential development (Residences at 1400 Bristol Street) by the Planning Commission on December 7, 2023. The subject property is currently improved with a 22,956-square-foot office building and a surface parking lot. Project Description The applicant, Intracorp Homes, proposes to demolish the existing office building and associated surface parking and landscaping at the project site and construct 67 for -sale condominium units atop a 146-space parking structure (Project). The parking structure is located on the podium level as well as a subterranean gated level underneath. The base density allotted to the property, if the requested General Plan amendment is approved, would be 52 units. This density is based on the conversion of existing 22,956 square feet of office use, consistent with the City's adopted land use conversion factors to maintain traffic trip neutrality (Attachment No. PC 4), consistent with Land Use Element Policy LU 6.15.5. The applicant also proposes a 27.5% increase in density (15 units), pursuant to Government Code Section 65915 (Density Bonus Law) for a total of 67 residential units. The applicant's full project description is provided as Attachment No. PC 2 and shown on the plans on Attachment No. PC 6. The application consists of the following components: • General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed -Use Horizontal); Planned Community Development Plan Amendment — An amendment to the Newport Place Planned Community (PC-11) to include the Property within the Residential Overlay; • Major Site Development Review - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.80 (Site 15-20 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 4 Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; • Affordable Housing Implementation Plan - A program specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The Applicant seeks four development standard waivers related to park land dedication, building setbacks, and building height, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks two development concessions related to the mix of affordable units and a waiver of a portion of the required park in -lieu fees, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915; • Development Agreement —A Development Agreement, between the Applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the Applicant with vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project. Project Components: Residential Development The proposed multi -unit residential building is designed as a "podium style" structure that consists of five stories over one level of on -grade parking and one level of subterranean parking. The building height would be approximately 81 feet, including architectural elements, parapet, rooftop mechanical equipment, and roof access. The 67 condominium units include 27 two -bedroom units and 40 three -bedroom units. The two -bedroom units would range from 1,304 to 1,963 square feet with four differing layouts. The three -bedroom units would range from 2,097 to 3,174 square feet in size. Of the 67 units, eight units would be for sale and restricted to low and very low-income households. Of the eight affordable units, six would be for very low-income households and two would be for low-income households. The remaining 59 units would be market - rate. While the overall unit mix would be 40% two -bedroom and 60% three -bedroom, all 15-21 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 5 the proposed affordable units are two -bedroom units. This does not meet the standards of Section 20.32.070 (Allowed Incentives or Concessions) of the NBMC that requires affordable units in a density bonus project to reflect the same range of unit types in the development as a whole. The applicant is requesting relief through a financial incentive from State Density Bonus Law, further discussed below. The proposed residential building is designed with a contemporary modern architectural style, intended to be reflective of the surrounding office setting. It is designed with a darker grey stucco finish on the podium and first floor levels and a white stucco finish for the floors above. The contrast in colors reduces the visual mass and bulk of the building and creates variations in the aesthetic design (Figure 1, below). Additionally, various units on each elevation are constructed with walkable decks with glass railings, adding additional aesthetic treatment to the building. The project's building mass is compatible with the surrounding office and residential developments. Figure 1: Rendering from Spruce Street Vehicular Access and Parking The project is designed with one vehicular access driveway in the approximate location of an existing entry on Spruce Avenue. The proposed driveway is 26 feet wide and connects to a roundabout at the end of the driveway to allow an adequate turning radius for emergency vehicles, as well as pick-up and drop-off for residents and visitors. The entry driveway also provides a direct access to six open-air parking spaces, which includes a van -accessible ADA space and two EV-charging spaces. Finally, the driveway leads to the project's two -level parking structure located on the first floor and has a gated ramp which accesses an additional subterranean parking level (Figure 2, below). 15-22 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 6 L -1 I GARAGE ENTRY r ■ � f"LOBBY < TV I. F' P'k ` . I. f r ■ CLUBROOMI a �V8 Figure 2: Vehicular Accessway from Spruce Avenue The parking structure contains a total of 141 spaces, which includes 44 resident spaces and 15 guest spaces on the first floor, and 82 resident spaces on the subterranean level. Overall, the project provides 146 parking spaces, which is 2.18 spaces per unit (Table 1, below). Table 1: Parkina Summary Level Resident Guest Total Resident Disabled EV Guest Disabled EV Ground Level 22 1 21 11 1 8 64 Subterranean Level 51 1 30 0 0 0 82 Total 73 2 51 11 1 8 146 Total Resident: 126 Total Guest: 20 EV=Electric Vehicle 15-23 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 7 Project Amenities The proposed project includes a variety of private on -site recreation and amenities for residents and guests including: • Clubroom (2,186 SF, First Floor) • Outdoor Seating Area (1,309 SF, First Floor) • Outdoor Seating Lounge (1,139 SF, First Floor) • Pool Deck (2,103 SF, Second Floor) • Swimming Pool (728 SF, Second Floor) • Spa (132 SF, Second Floor) Construction Phasing The demolition and construction activities for the proposed project will be done over an approximate 21-month period. Demolition and construction activities are assumed to commence in September 2024 and conclude in October 2026. The applicant has submitted a draft construction management plan, subject to staff approval that will be finalized prior to the issuance of a building permit. Off -Site Improvements The Sewer Capacity Study prepared by Adams -Streeter Civil Engineers, Inc., dated October 20, 2023, concludes that there is insufficient sewer capacity in a downstream segment of pipe to support the project along with other approved and planned residential development in the area. Figure 3 below shows the location of a 435-foot long segment of pipe near the intersection of Newport Place and Dove Street where an existing 10-inch vitrified clay pipe (VCP) pipe will need to be replaced by a 12-inch main. As conditioned, the applicant will either replace the existing segment of pipe and be reimbursed by future applicants and the City or the City will replace the line and applicants will pay their fair share of the costs, unless the City chooses a different method to finance the cost of the improvement. No other off -site improvements other than typical utility connections are proposed or required as part of the project. 15-24 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 8 Off -site Sewer Line Segment Subject Property Figure 3: Off -Site Sewer Improvements DISCUSSION General Plan Amendment The subject property is located in the Airport Area and is currently designated as General Commercial Office (CO-G) by the General Plan Land Use Element. The applicant is requesting to change the land use designation of subject property, from the CO-G to Mixed -Use Horizontal 2 (MU-H2), which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The MU-H2 designation applies to a majority of properties in the Airport Area and allows a maximum of 2,200 residential units with 1,650 units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200 allowance or the 50 dwelling units per acre standard. Of 2,200 units, a total of 550 units are identified as additive units meaning they are not replacement units that would replace existing development and these units have been entitled and are not available. Presently, there are a total of 353 dwelling units remaining and available in the Airport Area, sufficient to support the project when considering the adjacent Residences at 1400 Bristol project. If both projects are approved, there would be 212 dwelling units available for future projects. Residential units approved, proposed and remaining within the MU-H2 designation of the Airport Area are listed in the table below. 15-25 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 9 Airport Area Residential Units Residential Development Allocation Base Units Density Bonus Units Project Totals with Density Bonus Replacement Units Additive Units Transferred Units Total Units General Plan Unit Limit (MU-H2) 1,650 550 0 2,200 Approved Projects Uptown Newport 632 290 -77 845 322 1,167 Newport Crossings 259 0 0 259 91 350 Newport Airport Village 329 0 0 329 115 444 Residences at 4400 Von Karman 260 0 260 52 312 Residences at 1300 Bristol 77 0 +77 154 39 193 Projects Under Review Residences at 1401 Quail 52 0 0 52 15 67 Residences at 1400 Bristol 89 89 229* Remaining Development Allocation 212 0 212 The General Plan Amendment (GPA) and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the project would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual development of residential multifamily dwellings. Additionally, even with the conversion from CO-G to MU-112, the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area. Furthermore, the GPA does not eliminate existing or future land uses to the overall detriment of the community given the subject property's size, location, and surrounding uses. The existing office buildings on -site were built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The proposed change to allow residential uses would increase the City's housing stock including the provision of eight units that will be affordable to lower incomes. The General Plan contains a number of policies that provide for the orderly evolution of the Airport Area, from a business park, to a mixed -use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport -related businesses. Residential opportunities are to be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground level convenience retail uses and would be developed at a sufficient scale to achieve a complete neighborhood. The draft Planning Commission resolution (Attachment No. PC 1) includes facts in support of a finding of consistency of relevant 15-26 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 10 Airport Area policies. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan policies. The project, as proposed, is consistent with all relevant General Plan policies. Charter 423 Analysis Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. The property is within Statistical Area L4. There are no prior CPA's in Statistical Area L4 in the past 10 years. The GPA would change the land use designation only and not result in an increase in development. The 52 base dwelling units are already included in the MU-H2 development capacity of 2,200 units and no increase in allowed floor area is proposed. As a result, there is no increase in AM or PM peak hour trips and the amendment is not classified as a major amendment requiring a vote of the electorate should the City Council choose to approve the GPA. Should the pending General Plan Amendment request for 1400 Bristol Street be approved by the City Council before the subject application, there would be no requirement to require voter approval. Housing Element The Housing Element identifies adequate sites to accommodate its fair share allocation for the Sixth Cycle Housing Element to accommodate housing growth needs by income categories. The project site is ideal for the development of a residential project as it is identified as a housing inventory site. Figure B-3 of the Housing Element (below) displays the capacity and opportunity within the Airport Area which can help accommodate a portion of the City's RHNA. Ultimately, the project implements the certified Housing Element and aids the City in its goal to provide new housing opportunities. 15-27 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 11 Figure B-3: Airport Area Environs —Sites Inventory Site Inventory: Airport Area Environs LEGEND City 8oundary O 5th Cycle Sites Pipeline Projects Opportunity Sites Key Map Sf A Fee' 'WRTH 0 100 1 ON, Noise Element and Airport Environs Land Use Plan The Project is within the boundaries of the Airport Environs Land Use Plan (AELUP), therefore, the overseeing agency, Airport Land Use Commission (ALUC), must review the proposed GPA and PCDP Amendment pursuant to Government Code Section 65302.3 and Public Utilities Code Section 21676. The purpose of ALUC's review is to determine whether the Project is consistent with the AELUP prior to the City Council acting on the Project. Staff anticipates review of the project by the ALUC on January 18, 2024. The Project is consistent with the policies of the Noise Element and the safety standards of the AELUP. With respect to noise, the City adopted noise -related amendments to the General Plan Noise and Land Use Elements, the Newport Place Planned Community (PC-11) and Title 20 (Planning and Zoning) contours to implement the 6t" Cycle Housing Element. The Project is located within the updated 60 decibel (dBA) community noise equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) of the NBMC. The Project site is outside of any safety zones set forth in the AELUP. The AELUP includes noise contours from the 1985 Master Plan and the site is bisected by the 65 dBA CNEL noise contour. The AELUP indicates that housing within this noise contour would not be compatible, but it does not prohibit residential use. These outdated AELUP 15-28 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 12 noise contour maps do not reflect changes in aviation technology and current air traffic patterns. In other words, the noise contours do not reflect current and future noise contours and the site will not be subject to aircraft noise that exceeds 65 dBA CNEL under current approved conditions. The draft Planning Commission resolution (Attachment No. PC 1) includes facts in support of a finding of consistency of relevant Airport Area policies. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan policies. The project, as proposed, is consistent with all relevant General Plan policies. Tribal Consultation (SB-18) Pursuant to California Government Code Section 65352.3 (SB-18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The 12 tribal contacts were notified on March 15, 2023, and two tribes requested consultation within the 90-day period to request it. The City participated in consultations with the Gabrieleno Band of Mission Indians — Kizh Nation and the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes. Based on consultation with the participating Native American Tribes, conditions of approval have been included to ensure that a proper monitoring program is in place during the Project's construction. Newport Place Planned Community (Zoning Code) Amendment The property is currently located within Industrial Site 3A and not within the Residential Overlay of PC-11. A request to allow the subject property to be added to the Residential Overlay of PC-11 is proposed in order to accommodate the proposed residential development. The Residential Overlay applies to most sites in PC-11 not within the outdated 65 dBA CNEL noise contour that was recently changed by the City. The Overlay currently applies to the sites across Spruce Street approximately 85 feet away including the site at 1300 Bristol that has been approved but not yet constructed as a residential apartment project. The project would be consistent with the anticipated future development of 1300 Bristol as well other adjacent properties within the Overlay. The Overlay allows for multiple residential development as a stand-alone use provided that it includes a minimum of 15% of the base density for lower income households. The project provides this minimum number of affordable units by provide eight dwelling units as affordable for low income households (52 base units x 15% = 7.8 = 8 units). The Overlay also contains development standards for multi -residential development, including density, height, setbacks, parking, signage, airport noise compatibility, amenities, and landscaping. The Overlay requires the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 52 base units, resulting 15-29 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 13 in a base density of 30 dwelling units per acre, exclusive of the density bonus units. With density bonus, there is a total of 67 dwelling units, resulting in an overall density of 39 units per acre. Both the density with and without the density bonus units are consistent with the density requirement'. Additionally, the Overlay requires that residential dwellings are to be permitted as replacement of existing nonresidential uses, and the number of peak hour trips generated by the Project is not to exceed the number of trips of the underlying permitted nonresidential use. A detailed discussion of the proposed project and conversion of existing office space is provided in the prior sections. Although the Project includes waivers or reductions of the development standards specified in the Overlay pertaining building height and setbacks, the overall intent of providing residential opportunities in the proposed Residential Overlay are being met. Site Development Review Residential development pursuant to the Residential Overlay of PC-11 requires a site development review, consistent with NBMC Section 20.52.080 (Site Development Review). In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decision), the Planning Commission may approve or conditionally approve a site development review application, only after first finding that the proposed development is: 1. Allowed within the subject zoning district, 2. In compliance with all of the applicable criteria identified in 20.52.080(C)(2)(c) (Site Development Reviews — Application Review) below: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; V. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). 3. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, ' The total density of a project including density bonus units would not need to meet a local density standard. 15-30 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 14 interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. The project seeks to implement the proposed MU-H2 General Plan designation and Residential Overlay of PC-11 by providing 67 new residential units to an existing major employment center (the Airport Area and Irvine Business Complex), including setting aside eight residential units for low-income households. The project is also in furtherance of the certified Housing Element as the site is an identified housing opportunity site. The proposed project plans (Attachment No. PC 6) show the configuration of the proposed residential building, including a driveway and roundabout accessed from Spruce Street, location of open spaces, landscaping, and private amenities. The building is proposed to be six stories tall and approximately 81 feet in height including all architectural elements and rooftop mechanical equipment. As previously discussed, the project is designed with a darker grey stucco finish on the podium and first floor levels and a white stucco finish for the floors above. The contrast in colors reduces the visual mass and bulk of the building and creates variations in the aesthetic design. The project's building mass and scale are similar to the nearby existing office developments in the Airport Area and includes pedestrian connectivity to public sidewalks along Quail Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. The contemporary architectural style and scale of the project would be compatible with the surrounding office buildings and future development within the Newport Place planned community. The adjacent property at 1451 Quail Street is developed with an approximately 37-foot tall office building. The 1400 Quail Street property, located directly across Quail Street, is developed with an approximately 30-foot tall office building. This is consistent with the policy as there are lower structures surrounding the Project, which is taller. Furthermore, a 78-foot tall residential apartment building has been approved to be constructed at 1300 Bristol Street, which is located across Spruce Street. Finally, 1400 Bristol, which is the adjacent property, is proposing a 229-unit apartment project that is 85 feet in height. The project includes 146 onsite parking spaces located on a podium level parking structure which includes a subterranean gated parking structure underneath. The project includes adequate onsite parking exceeding the minimum required residential standard pursuant to Density Bonus Law. The excess parking is in recognition of current transit and market demands that necessitate additional parking. NBMC Section 20.40.040 (Off -Street Parking Spaces Required), identifies that multi- family developments with more than four dwelling units are required to provide two covered parking spaces per unit and 0.5 space per unit for guest parking. Based on these criteria, the proposed Project, if it were not a project requesting consideration pursuant to Density Bonus Laws, would be required to provide 134 resident parking spaces and 34 guest parking spaces for a total of 168 parking spaces. As provided for in Government Code Section 65915 Density Bonus Law and NBMC Section 20.32.040 (General 15-31 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 15 Requirements) Parking Requirements in Density Bonus Projects, the applicant is requesting a reduction in the number of required parking spaces for the project. NBMC Section 20.32.040 (General Requirements), reflects the language of Government Code Section 65915 provision of 1.5 parking spaces for units with two to three bedrooms. Parking for the project is based on application of regulatory standards for density bonus projects and under these regulatory standards, the proposed Project is be required to provide a minimum of 101 parking spaces. The project as presently designed includes 146 parking spaces. The parking ratio of the proposed project would be 2.18 parking spaces per dwelling unit inclusive of guest parking, which exceeds the minimum parking requirement specified by the Density Bonus parking requirements. The project site does not have the potential to obstruct public views from identified public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the ocean, bay, harbor, or other scenic or historical resources due to the location of the project site. The proposed building will be highly visible along the Bristol Street corridor and it will be seen from State Route 73, but these areas are not considered scenic. As discussed above, the project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. The proposed project is consistent with the General Plan as it would integrate residential uses into the existing surroundings, which are primarily nonresidential, as anticipated by the General Plan. Staff believes facts to support the required findings exist to approve the Site Development Review, and they are included in the attached draft resolution for approval (Attachment No. PC 1). Vesting Tentative Tract Map The applicant is requesting a vesting tentative tract map for condominium purposes. In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps (66412.3, 66473 et seq)) of the Newport Beach Municipal Code, and the following finding and facts in support of such findings are set forth: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code; 2. That the site is physically suitable for the type and density of development; 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, 15-32 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 16 social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report, 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision -making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision; 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land, 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area; 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act, 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources; 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board, and 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The tentative vested tract map is required for the separate sale of each condominium unit. The map does not physically divide the lot into individual parcels. The Public Works Department has reviewed the proposed vesting tentative tract map and determined it is consistent with the Title 19 and applicable requirements of the Subdivision Map Act. Additionally, all construction for the project has been conditioned to comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. 15-33 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 17 Affordable Housing Implementation Plan The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP), dated November 28, 2023 (Exhibit C of Attachment No. PC 1) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant Government Code Section 65915-65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus Code). Consistent with the affordable housing requirements of the Residential Overlay, 15% or eight units of the project's 52 base condominium units would be set aside as affordable units to low or very low-income households. Per Section 20.32.140 (Occupancy and Resale of Ownership Units) of the NBMC, if a low or very low-income unit is initially occupied by a low or very low-income household and offered at an affordable housing cost, the unit will be subject to an equity sharing agreement, unless sold to a nonprofit housing corporation. Upon resale, the seller of the unit retains the value of any improvements, the downpayment, and the seller's proportionate share of the appreciation and the City recaptures any initial subsidy and its proportionate share of the appreciation. The City's share is returned to be used to support affordable housing development in the future. Incentive/Concession Requests: In addition to the 15 density bonus units, the project is entitled to receive one incentive or concession that would result in identifiable, financially sufficient, and actual cost reductions. In this case, the applicant requests two of the following incentives: 1. Affordable Unit Mix: The applicant requests to the City Council to approve a development incentive for the proposed affordable unit mix that does not meet NBMC Section 20.32.070 (Allowed Incentives or Concessions). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. In this case, the Project provides all eight affordable units as two -bedroom units, whereas the overall unit mix includes 27 two -bedroom units (40%) and 40 three -bedroom units (60%). There are no affordable units that are three -bedroom units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions for the Project. This incentive has been requested and granted in all previous projects where density bonus has been requested. The granting of this incentive is mandatory. 15-34 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 18 Table 2: Affordable Unit Mix Unit Type Total Units Percent of Total Percent of Total Units Affordable Total Units Affordable Units 2 Bedroom 27 40% 8 100% 3 Bedroom 40 60% 0 0% Total 193 100% 24 100% 2. Waiver of a portion of park in -lieu fee: The applicant requests that the City Council approves a partial waiver of the in -lieu park dedication fee, which is required by the General Plan Land Use Element Policy 6.15.13. The policy requires residential development to provide a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, to be provided. Since the 1.71-acre project site is too small to feasibly accommodate the physical dedication of the park, the Policy requires an in -lieu fee paid to the City for the acquisition and improvement of a neighborhood park to serve the Airport Area. The applicant is requesting to use a second incentive to waive a portion of the fee in order to provide cost reductions and make the Project financially feasible. This incentive has been granted once previously with the 1300 Bristol Street project and it is not mandatory pursuant to State Density Bonus law. Financial contributions through direct payments, fee waivers, or the waiver of land dedications are not mandatory. The portion of the fee the applicant does pay will help off -set a portion of the recreational impact of the project. Development Standard Waiver Requests. - In addition to the density bonus units, parking reductions, and financial incentives and concessions, the project is entitled to receive unlimited waivers or reductions of development standards if they would physically prevent the project from being built at the permitted density. In this case, the Project applicant requests a waiver of the following development standards: 1. Park dedication requirements (two waivers): a. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the project is required to provide a half -acre public park. As noted, the 1.71-acre project site is too small to feasibly accommodate the required half -acre park and if it were dedicated, the resulting smaller site could not physically accommodate the proposed affordable housing development. The applicant is requesting to pay the in -lieu fee for the half -acre park, as required by the Policy if approved by the City. This land dedication waiver has been granted twice 15-35 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 19 previously with the approval of the Newport Airport Village and the Residences at 1300 Bristol Street projects. b. Section 19.52.040 (Parkland Standard) of the NBMC applicable only to subdivisions including condos requires park dedication at a ratio of five acres per thousand population due to the proposed vesting tentative tract for residential condominium purposes. Per the latest census data, the average persons per household is 2.2 persons, which results in 147.4 persons and a 0.74-acre park dedication requirement. The parkland dedication requirement does not permit the payment of in -lieu fees. The Property is 1.71 acres in size which is too small to feasibly accommodate a park of minimum one-half acre in size and it can be waived as a Density Bonus development standard. 2. Street setbacks: The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Quail Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with a 11-foot setback from Spruce Street and a 10-foot setback to Quail Street. Approving the setback reduction is mandatory and the area is sufficient to provide landscaping to soften the streetscape. 3. Building height: The Newport Place Planned Community (PC-11) Residential Overlay limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 67 residential units. The Project is designed with a height of approximately 81 feet from established grade and this requested waiver is mandatory. Fiscal Impact Analysis Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development dated November 30, 2023 (Attachment No. PC 5). The fiscal impact model used in the report calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes, and other taxes as well as a variety of user charges and fees. The report concludes that the proposed ownership residential use of the site would generate a positive fiscal benefit for the City, particularly as compared to the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of approximately $42,000 per year. Based on the fiscal model analysis, the proposed project would generate a revenue surplus of approximately $128,000 per year. 15-36 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 20 Development Agreement In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC, a development agreement is required as the proposed project includes an amendment to PC-11 and a General Plan Amendment to change the land use designation that include the development of fifty or more residential units. The applicant requests a 10-year term of agreement. Staff supports the 10-year term. The agreement provides assurance that the applicant may proceed with the Proposed Project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the agreement helps the applicant avoid a waste of resources and escalated costs of the proposed project while encouraging a commitment to private participation in comprehensive planning. The DA provides vested rights to develop the project and the City will finalize the payment of negotiated public benefit fees. The total fee will have three components: a public safety fee, a park in -lieu fee, and a general public benefit fee (Table 3, below). The public safety fee will assist the City with the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that will serve this area or other public safety needs. The park fee will be used consistent with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and development of a neighborhood park in the Airport Area. The public benefit fee will be used solely at the City Council's discretion. These fees are subject to annual adjustments, based on the CPI Index. Table 3: Proiected Public Benefit Fees (Subject to future CPI Adiustment) Category Fee Public Safety $141,600 Park In -Lieu $513,300 General Public Benefit $1,628,400 Total $2,283,300 Finally, the agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq. No changes to the public benefit fees are proposed. Environmental Review On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report (EIR) for the General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance with the CEQA set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy K-3. Additionally, in 15-37 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 21 accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (PEIR). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements. Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element Initial Study/Negative Declaration. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The City contracted with an environmental consultant (Placeworks) to prepare an Addendum to the PEIR. The entire Addendum and its technical appendixes are available 15-38 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 22 online at the City's website at: www.newportbeachca.gov/cega. The conclusion of the Addendum analysis supports the finding that no additional environmental document is required by CEQA. On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project. Summary Staff believes the findings for project approval can be made, with specific conditions of approval. The proposed project is consistent with the proposed MU-H2 General Plan Land Use designation and its land use policies related residential developments in the Airport Area. The project is consistent with the certified Housing Element and recently update Noise Element. The proposed inclusion into the Residential Overlay of the PC-11 is consistent as it allows multi -family uses subject to approval of a site development review and facts support approval of the application request. The site development review will ensure the project will be implemented consistent with the approved development standards and in substantial conformance with the design plans attached to this report. The applicant proposes to redevelop the underperforming office development with a for -sale multi -family development with affordable units consistent with the Overlay. The proposed development with on -site recreation amenities and adequate provisions of parking, allowed by the density bonus provisions, will create a suitable urban living environment integrated into the existing nonresidential area. AltPrnnfivPc The Planning Commission has the following alternatives- 1 . The Planning Commission may require or suggest specific design changes that are necessary to alleviate any areas of concern. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions; or 2. If the Planning Commission chooses to deny the project, findings must be made consistent with the Housing Accountability Act (Government Code Section 65589.5) and 15-39 Residences at 1401 Quail Street (PA2023-0040) Planning Commission, December 21, 2023 Page 23 Density Bonus Law (Government Code Section 65915). Therefore, if after consideration of all written and oral evidence presented, the Planning Commission desires to either disapprove or impose a condition that the project be developed at a lower density or with any other conditions that would adversely impact feasibility of the proposed project, the Planning Commission must articulate the factual basis for making the following findings and direct staff to return with a revised resolution incorporating the articulated findings and factual basis for the decision: a. The housing development project would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact without rendering the development unaffordable to affordable households financially infeasible. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: David Lee, Senior Planner ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant's Project Description PC 3 Addendum to the 2006 General Plan EIR PC 4 Airport Area Residential & Mixed -Use Adjustment Factors PC 5 Fiscal Impact Analysis PC 6 Project Plans 01 /18/23 15-40 Attachment C Planning Commission Minutes Excerpt dated December 21, 2023 15-41 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 21, 2023 REGULAR MEETING — 6:00 P.M. CALL TO ORDER — 6:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Salene III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: Commissioner Brady Barto Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 7, 2023 Recommended Action: Approve and file Motion made by Commissioner Landford and seconded by Vice Chair Rosene to approve the minutes of the December 7, 2023, as amended. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto VII. PUBLIC HEARING ITEMS ITEM NO. 2 1401 QUAIL STREET RESIDENCES (PA2023-0040) Site Location: 1401 Quail Street Summary: A demolition of an existing office building and construction of 67 for -sale residential condominium units atop a 146-space parking structure. The proposed podium -style residential building is approximately 87 feet tall and consists of six -stories above grade with a subterranean parking level below. The application consists of the following components: • General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed -Use Horizontal); Page 1 of 8 15-42 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 • Planned Community Development Plan Amendment — An amendment to the Newport Place Planned Community (PC11) to include the Property within the Residential Overlay; • Maior Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; • Affordable Housing Implementation Plan - A program specifying how the project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); • Development Agreement — A Development Agreement, between the applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the applicant with a vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the project. Recommended Actions: 1. Conduct a public hearing; Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and 3. Adopt Resolution No. PC2023-047 (Attachment No. PC 1) recommending the City Council adoption of an Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and Development Agreement, for the Residences at 1401 Quail Street Project located at 1401 Quail Street (PA2023-0040). Senior Planner Lee used a presentation to review the project location and description, entitlements requested, dwelling unit summary, site plan, rendering of the motor court and parking entry, Spruce Street rendering, Housing Element, development standard waivers, incentives and concessions, development agreement, CEQA review, Condition of Approval 81 revision, recommendation, and next steps. All Commissioners disclosed ex parte communications with the applicant. Chair Ellmore opened the public hearing. Rick Puffer, Vice President of Development at Intracorp Homes, used a presentation to review Intracorp background and the team and the project overview, entry, front elevation, site layout, podium deck level, penthouse level, side view of entry, entry inspiration, and pool deck layout. He outlined the development opportunity, public benefits, and "building the extraordinary" tagline and agreed to the conditions of approval. Jim Mosher discussed possible inconsistencies with multiple General Plan Policies, including Policy 6.15.4 (Priority Uses), 6.15.10 (Regulatory Plans), and 6.15.18 (Walkable Streets). Cort Ensign inquired about the setback to the adjacent property and courtyard dimensions, suggested reciprocal setbacks for the adjacent property, and noted the potential close proximity of the balconies. Page 2 of 8 15-43 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 Mr. Puffer noted the setback is 10 feet to the edge and the decks are within the setback providing for equal treatment to an adjacent property. Acting Deputy Community Development Director Murillo confirmed the project site is located outside the updated 65 CNEL noise contours and a correction to the resolution is needed. Chair Ellmore closed the public hearing. Commissioner Langford expressed excitement for a critical mass of housing projects, hoped others will follow, and supported the project. Vice Chair Rosene liked that a for -sale project is being brought to the market, thought the building is attractive and will fit in with the community and Intracorp is a quality builder, believed he can make the findings, and supported the project. Commissioner Lowrey concurred. Motion made by Vice Chair Rosene and seconded by Commissioner Langford to approve the item with the noise contour correction proposed by staff. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 3 SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008-199) Site Location: Citywide Summary: Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the City subject to specific limitations. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment, and it is not subject to CEQA; and 3. Adopt Resolution No. PC2023-044 recommending to the City Council to terminate Development Agreement NO. 2008-005, Zoning implementation and Public Benefit Agreement (PA2008-199). In response to Vice Chair Rosene's question, Assistant City Manager Jurjis stated that residential care facilities with six or less occupants can get a permit from the State, and while Sierra by the Sea has not expressed an interest in this, it is a possibility. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Page 3 of 8 15-44 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 Jim Mosher questioned why Sierra by the Sea offered the termination, stated they have no obligations remaining to the City, and suggested staff understand their motivation better. Chair Ellmore closed the public hearing. Motion made by Vice Chair Rosene and seconded by Secretary Harris to approve the item as recommended by staff. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 4 BALDWIN & SONS MEDICAL OFFICE (PA2022-158) Site Location: 20 Corporate Plaza Summary: A request to convert a portion of the existing subterranean private parking area beneath the general office building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the following approvals to implement: • General Plan Amendment - To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet. • Planned Community Development Plan Amendment - To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591 square feet and to add "medical office" as an allowed use for Building Site 20. • Conditional Use Permit - To allow an adjustment to the required off-street parking by waiving four spaces required for the new medical office. • Development Agreement -The consideration of development agreement providing development rights in exchange for public benefits in accordance with Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code. Recommended Actions: 1. Conduct a public hearing; 2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (New Construction or Conversions of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-045 recommending City Council approval of PA2022-0158, which includes the requested General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, for the Baldwin & Sons Medical Office, located at 20 Corporate Plaza. Associate Planner Perez used a presentation to review the project vicinity map, existing site development and surplus subterranean parking lot, proposed project design, and discussed in detail the required approvals including a General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, and concluded her presentation by providing recommendations and next steps. In response to Commission Langford's questions, Acting Deputy Community Development Director Murillo stated that the Irvine Comdpany transferred some unbuilt square footage left in the anomaly to a different area Page 4 of 8 15-45 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 of Newport Center. Associate Planner Perez noted that the 2015 transfer of development rights took square footage out of anomaly 34 and moved it into a different anomaly. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Omar Dandashi, applicant and project director, agreed to the conditions of approval and in response to Vice Chair Rosene's question stated that there is no specific user identified. Jim Mosher questioned if adding additional sites for medical office is compatible with the original intent of the planned community development plan and disagreed with the Charter Section 423 analysis on page 22 due to previous disagreements with the processing of the Newport Beach Tennis and Pickleball Club General Plan Amendment. Acting Deputy Community Development Director Murillo stated that the intent of the planned community was to allow for general office use and subsequent amendments allowed for medical offices. Medical office is consistent with the overall General Plan Land Use designation for the site. Furthermore, he noted that the amendment does not trigger a vote under Charter Section 423. Chair Ellmore closed the public hearing. Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as recommended. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089) Site Location: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) Summary: The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant requests to remove the current requirement for off -site employee parking at Hoag Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on -site within the existing LMV parking structure and waiving additional parking spaces. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal development permit to evaluate the change in intensity related to the parking reduction, PMP, and off -site parking. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and Page 5 of 8 15-46 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 3. Adopt Resolution No. PC2023-046 approving Conditional Use Permit and Coastal Development Permit filed as PA2021-089 and superseding Conditional Use Permit No. UP2017-019 (PA2017-153). Senior Planner Westmoreland used a presentation to review the project location, background, and proposal, required City approvals, parking demand analysis, proposed Parking Management Plan, revisions to the resolution, and recommendation. In response to Commissioner Salene's question, Senior Planner Westmoreland noted that the docks are private and are operated by DJM. In response to Vice Chair Rosene's question, Senior Planner Westmoreland confirmed that the parking analysis is based on the Applicant not using the offsite parking and making it better with valet parking. In response to Secretary Harris' question, Senior Planner Westmoreland stated that the 100 spaces were leased at Hoag for employees and two conditions of approval allow for changes to the parking management plan if issues arise. In response to Commssioner Langford's questions, Senior Planner Westmoreland indicated that Condition of Approval 18 provides for a public vertical walkway that connects the street to the waterfront boardwalk and there is no known history of special event permit requests. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Amber Wesley, DJM representative, relayed their intention to reduce the requirement for parking at Hoag because they think the need for off -site parking is no longer. She agreed to the conditions of approval. Ingrid Yankauskas noted the stress from the parking arrangement. Jim Mosher inquired about the potential return of a similar tenant as Electra and noted challenges finding parking during times of high occupancy and asked the Commission to consider the continued impact to the Finley Tract. Scott Simmers noted the challenges created from the parking arrangement and concerns for safety, and the original intent of the shuttle was to take the pressure of the neighborhood. Mr. Simmers referenced the prior effort to require resident parking permits in the Finley Tract. In response to Chair Ellmore's question, Ms. Wesley stated that the charter cruise slips are now being used for private leasing and the applicant does not plan on leasing to large charters in the future. In response to Commssioner Harris' question, Ms. Wesley relayed that there is no charge to the employees to park at Hoag or in the parking structure and noted signage indicating employee excluded parking areas, valet service for parking lot overflow, and a designated parking area for employees. In response to Commissioner Langford's questions, Ms. Wesley stated that the 2016/18 Parking Management Plan revisions addressed employee parking charges and there are no new changes to the Parking Management Plan. In response to Vice Chair Rosene's concern, Ms. Wesley indicated that they were not aware until now of any complaints from the Finley Tract since the implementation of the 2018 Parking Management Plan. Jonathan Maroney, representative for LAZ Parking, explained the free employee parking program called Pilot Program, reported no issues, and relayed that contact and vehicle information is collected upon registration. The Pilot Page 6 of 8 15-47 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 VIII. IX. Planning Commission Regular Meeting Minutes December 21, 2023 Program is optional and free of charge and the 100 off -site parking spots can be used for special events without an annual lease agreement with Hoag. Assistant City Manager Jurjis relayed that the City's permit parking program for Finley Tract residents was unsuccessful with the California Coastal Commission (CCC) pre-COVID and proposed trying again. He indicated that he has not received any reports from the Finley Tract residents since parking changed to no fee. Chair Ellmore closed the public hearing. Commissioner Lowrey suggested a new "A" in Condition of Approval 16 that includes language that notifies employees of the program or requests car registrations. Commissioner Harris expressed interest in a tracking mechanism for enforcement, like forced registration. He noted that there are other uses in the vicinity with employees. Commissioner Salene noted that Condition of Approval 15 includes language that requires each tenant and employee to register their car and use vehicle stickers. Vice Chair Rosene supported enforcement, the use of vehicular stickers, and staff returning to the Coastal Commission for a Finley Tract permit parking program. He recommended this matter be an actionable item and supported the proposal on this basis. Chair Ellmore noted that parking will always be a challenge in that area and the City will do the best it can with the challenge. Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve the item AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Deputy Community Development Director Murillo relayed one appeal matter on the January 4 Planning Commission agenda, announced the appeal to the CCC of the Dawson residence variance on December 11 and that City Hall will be closed between Christmas and New Years, and thanked the Planning Commission for their service over the past year. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:23 p.m. Page 7 of 8 15-48 DocuSign Envelope ID: E8AAF934-C6B0-4680-AA4E-3E1385FCEA50 Planning Commission Regular Meeting Minutes December 21, 2023 The agenda for the December 21, 2023, Planning Commission meeting was posted on Thursday, December 14, 2023, at 8:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, December 14, 2023, at 8:15 p.m. bofiS f"bVt, Curtis Ellmore, Chair fiViSfAAA, NMS Tristan Harris, Secretary Page 8 of 8 15-49 Attachment D Planning Commission Resolution No. PC2023-047 15-50 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 RESOLUTION NO. PC2023-047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, SITE DEVELOPMENT REVIEW, VESTING TENTATIVE TRACT MAP, AFFORDABLE HOUSING IMPLEMENTATION PLAN, DEVELOPMENT AGREEMENT AND AN ENVIRONMENTAL IMPACT REPORT ADDENDUM FOR THE RESIDENCES AT 1401 QUAIL PROJECT LOCATED AT 1401 QUAIL STREET (PA2023- 0040) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Intracorp Homes ("Applicant"), with respect to the property located at 1401 Quail Street, and legally described as Parcel 1 of Resubdivision No. 341 ("Property"). 2. The Applicant is requesting an approval for the demolition of an existing office building and the development of 67 for -sale condominium units, including a 146-space parking structure ("Project"). The following approvals are requested or required in order to implement the Project as proposed: • General Plan Amendment (GPA) — A request to amend the General Plan Land Use Designation of the Property from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2); • Planned Community Development Plan Amendment (PCDP Amendment) — An amendment to the Newport Place Planned Community (PC11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review (SDR) - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC"), for the construction of the Project; • Tentative Vesting Tract Map (VTM) — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for 67 condominium dwelling units; • Affordable Housing Implementation Plan (AHIP) - A program specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The Applicant seeks four development standard waivers including two waivers related to park land dedication required by 15-51 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 2 of 41 General Plan Land Use Policy LU 6.15.13 and Section 19.52.040 (Parkland Standard) of the NBMC, one waiver related to building setbacks, and one waiver related to building height, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks two development concessions related to the mix of affordable units and a partial payment of the park in -lieu fee, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915; • Development Agreement (DA) — A Development Agreement, between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports (Addendum) - Pursuant to the California Environmental Quality Act ("CEQA"), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project. 3. The Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area. 4. The Property is not located within the coastal zone. 5. A public hearing was held on December 21, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (Ralph M. Brown Act), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report ("EIR") for the General Plan Update (SCH No. 2006011119). The EIR was prepared in compliance with CEQA Guidelines set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (PEIR). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements. 2. Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element and Initial Study/Negative Declaration 15-52 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 3 of 41 under CEQA. The PEIR and Initial Study/Negative Declaration are collectively referred to herein as the PEIR. 3. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 4. An Addendum to the PEIR was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines. 5. The following environmental topics were analyzed for the Project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal and Cultural Resources, Utilities and Service Systems, and Wildfire. The Addendum includes analysis of new topics that were 15-53 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 4 of 41 not included in the previous EIRs; specifically, it includes a new energy section and a new wildfire section. These additional analyses are appropriate for inclusion in the Addendum, but none result in new or increased significant impacts that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines. 6. On the basis of the PEIR and entire environmental review record, the Project will not result in any new significant impacts that were not previously analyzed in the PEIR. The Addendum confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in either the PEIR, as reduced by applicable General Plan Policies in the PEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the PEIR, as augmented by the Addendum for this Project, are considered as part of the record. 7. The Addendum to the PEIR is hereby recommended for adoption by the City Council given its analysis and conclusions. The Addendum to the PEIR and related and referenced documentation, constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 8. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. General Plan Amendment An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments. Finding and Facts in Support of Findings: 1. The request is to amend the General Plan Land Use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2). The Mixed -Use Horizontal (MU-H2) designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily 15-54 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 5 of 41 residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. 2. The GPA and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan because the Project would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual development of residential multifamily dwellings. Additionally, even with the conversion from General Commercial Office (CO-G) to Mixed - Use Horizontal (MU-H2), the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area. 3. The requested GPA from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2) does not eliminate existing or future land uses to the overall detriment of the community given the Property's size, location, and surrounding uses. The existing office buildings were built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The proposed change to allow residential uses would increase the City's housing stock including the provision of eight units that will be affordable to lower incomes. 4. The Property is located in an area of the City that has sufficient utilities systems to serve the Project once the Applicant completes a necessary upgrade to an off -site sewer line. As conditioned, applicant shall be responsible for their fair share of replacing the existing 10-inch vitrified clay pipe (VCP) pipe with a 12-inch sewer main, which is located near the intersection of Newport Place and Dove Street. This off -site improvement would result in approximately 435 linear feet of sewer line replacement. No other off -site improvements other than typical utility connections are proposed or required as part of the project. 5. The Project is consistent with the following City of Newport Beach General Plan policies that establish fundamental criteria for the formation and implementation of new residential villages in the Airport Business Area (additional policy analysis is included in the EIR Addendum attached hereto as Exhibit "A"): a. Land Use Element Policy LU 1.1 (Unique Environment): Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. The Project enhances the distinct, urban character of the Airport Area by providing a means for replacing parking lots and an office building with attractive and functional residential development, in line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The Property is not in or near any of the City's areas featuring the harbor, unique topography, or view sheds. The proposed project would introduce residential units to the Property consistent with the uses and urbanized character of the Airport Area and the proposed Mixed -Use Horizontal (MU-H2) designation. 15-55 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 6 of 41 b. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. The Project establishes 67 multi -family residential units, including 8 affordable units for families of low and very -low income. The Project responds to market needs and diversifies the City's housing stock by adding additional dwelling units to the Airport Area. c. Land Use Element Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) - Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JW4 Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The Project is within the boundaries of the Airport Environs Land Use Plan (AELUP), therefore, the overseeing agency, ALUC, must review the proposed GPA and PCDP Amendment pursuant to Government Code Section 65302.3 and Public Utilities Code Section 21676. The purpose of ALUC's review is to determine whether the Project is consistent with the AELUP prior to the City Council taking action on the Project. The Project is consistent with the noise and safety standards of the AELUP. With respect to noise, the City adopted noise -related amendments to the General Plan Noise and Land Use Elements, the Newport Place Planned Community (PC- 11) and Title 20 (Planning and Zoning) contours to implement the 6th Cycle Housing Element. The Project is located partially within the updated 60 decibel (dBA) community noise equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Noise - Airport Environs Land Use Plan) of the NBMC. The Project sites outside of any safety zones set forth in the AELUP, therefore, is consistent with the noise standards of the AELUP. d. Land Use Element Policy 6.15.3 (Airport Compatibility). Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 d8A CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 d8A CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, 15-56 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 7 of 41 however, encouraged on parcels located wholly within the 65 d8A CNEL contour area. The Project is located at 1401 Quail Street and is approximately 81 feet in height. The Federal Aviation Administration (FAA) conducted an aeronautical study of the Project pursuant to applicable Federal regulations and has determined no hazard to air navigation for the Project. The Project is located partially within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Noise - Airport Environs Land Use Plan). e. Land Use Element Policy LU 6.15.5 (Residential and Supporting Uses). Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. General Plan Land Use Policy 6.15.5 established a development limit of 2,200 maximum dwelling units for the Airport Area. Of the 2,200 residential units allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to replace other units and they may be constructed as "in -fill" units to existing commercial or office development within the Conceptual Development Plan Area (CDPA) of the Airport Area. Any eligible density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC are not included in the 2,200-unit allowance. The 550 additive units have been previously allocated to the Uptown Newport and Residences at 4400 Von Karman projects. The Property is developed with an existing one-story commercial office building totaling 22,956 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential use (office), and the number of peak hour trips generated by cumulative development of the Property shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area is required. This results in a total of 52 dwelling units. With a 27.5% density bonus or 15 dwelling units request, a total of 67 (52+15) dwelling units are proposed for the Project. 15-57 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 8 of 41 Presently, there are a total of 353 remaining and available dwelling units in the Airport Area. Considering the dwelling unit sum of the previously approved projects and the proposed Project, the remaining development allocation within the Airport Area would be 301 (353-52) dwelling units (exclusive of density bonus units). A separate project, Residences at 1400 Bristol, is under review to allow 64 units (exclusive of any density bonus). Assuming the 1400 Bristol project is approved, the remaining development allocation would be reduced to 212 (301-89=212) dwelling units. Land Use Element Policy LU 6.15.6 (Size of Residential Villages). Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required. The Property is 1.71 acres in size. The Residential Overlay of PC-11 allows residential development on sites containing less than 10-acres if housing units affordable to lower income households are provided. The proposed project includes eight dwelling units that will be affordable for low and very low-income households. If the Planned Community Development Plan is amended to include the Project within the Residential Overlay, as requested by the Applicant, the Project will be exempt from General Plan Policy 6.15.6 (Size of Residential Villages). g. Land Use Policy LU 6.15.7 (Overall Density and Housing Types). Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights -of -way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. The Project has a base density of 30 units per acre (52 units on 1.71 acres) which is consistent with the 30 to 50 dwelling units per acre allowed range. The base density does not include the 27.5% density bonus of 15 units that is allowed by the State Bonus Density law which includes eight units set aside for affordable housing. Altogether, the Project has an overall density of 39 dwelling units per acre, which is exclusive of rights -of -ways, public pedestrian ways, and neighborhood parks. 15-58 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 9 of 41 The Project is a for -sale development with 67 condominium units, which provides residents with an ownership option that differs from surrounding apartment projects. There is a mixture of unit types, ranging from two -bedroom to three -bedroom units, accommodating a variety of household types and incomes. Of the 67 units, eight units will be affordable to low and very low-income households and 59 units will be market -rate housing. h. Land Use Policy LU 6.15.8 (First Phase Development Density). Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed -use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. The Project would be developed in one phase on an individual site with a density of 39 units per acre. The Project provides a mixture of residential unit types that include eight units of affordable housing to low and very low-income households. The proposed density is below the required minimum of 45 units per acre since the applicant is providing a lower density to accommodate larger individual units for residents. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and Density). Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. See finding LU 6.15.9 First Phase Development Density above. Land Use Policy LU 6.15.13 (Neighborhood Parks Standards). To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights -of -way) of the first phase development in each neighborhood, or acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. In every case, the neighborhood park shall be at least 8%of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of - way, development sites, or setback areas. A neighborhood park shall satisfy some 15-59 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 10 of 41 or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The Project includes a waiver from Land Use Policy LU 6.15.13, as is allowed by the policy, due to a 1.71-acre parcel size that is too small to feasibly accommodate a park. As a part of the Development Agreement, the Applicant is proposing to use an incentive or concession allowed under Government Code Section 65915-65918 (State Density Bonus Law) to waive a portion of the required in -lieu fee. k. Land Use Policy LU 6.15.14 (Location). Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. See finding LU 6.15.13 Neighborhood Park Standards above. Land Use Policy LU 6.15.16 (On -Site Recreation and Open Space Standards). Require developers of multi -family residential developments on parcels 8 acres or larger to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30% of the parkland dedication requirements. The Project is located on a 1.71-acre site and is not subject to Policy LU 6.15.16, as the policy only applies to properties consisting of 8-acres or larger. However, the Project exceeds the 2,948-square-foot (44 square feet x 67 units) on -site recreational amenities by providing a total of 7,597 square feet or approximately 113 square feet per unit which include a pool deck with swimming pool and spa, a clubroom, an outdoor seating area, and a lounge area. m. Land Use Policy LU 6.15.17 (Street and Pedestrian Grid). Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections 15-60 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 11 of 41 between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. The Project is a podium style development with an internal driveway for vehicular circulation to the lobby and garage entry, accessed from Spruce Street. Pedestrian connections are provided to public sidewalks along Spruce Street and Quail Street. The Project retains the curb -to -curb dimension of both Quail Street and Spruce Street. n. Land Use Policy 6.15.18 (Walkable Streets). Retain the curb -to -curb dimension of existing streets but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short term parking for visitors and shop customers. See finding Land Use Policy 6.15.17 Street and Pedestrian Grid above. o. Land Use Policy 6.15.19 (Connected Streets). Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. If traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. See finding Land Use Policy 6.15.17 Street and Pedestrian Grid above. p. Land Use Policy 6.15.20 (Pedestrian Improvements). Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the public at all times. The Project includes conditions of approval requiring the reconstruction of all broken and/or damaged curb, gutter, and sidewalk along Spruce and Quail Street frontages to preserve all existing sidewalks for pedestrian access. q. Land Use Policy LU 6.15.22 (Building Massing). Require that high-rise structures be surrounded with low- and mid -rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. The Project is approximately 81 feet in height and is compatible with nearby properties located in the Airport Area. The adjacent property at 1451 Quail Street is developed with an approximately 37-foot-tall office building. The 1400 Quail Street property, located directly across Quail Street, is developed with an approximately 30-foot-tall office building. This is consistent with the policy as there are lower structures surrounding the Project, which is taller. Furthermore, a 78-foot-tall 15-61 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 12 of 41 residential apartment building has been approved to be constructed at 1300 Bristol Street, which is located across Spruce Street. Finally, 1400 Bristol, which is the adjacent property, is proposing a 229-unit apartment project that is 85 feet in height. The Project includes pedestrian connectivity to public sidewalks along Bristol Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. r. Land Use Policy LU 6.15.23 (Sustainability Development Practices). Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs -generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss. The Project is required to comply with the provisions of the Building and Energy Efficiency Standards (CCR, Title 24, Parts 6 and 11) and the Green Building Standards Code (CCR, Title 24, Part 11 - CALGreen). Additionally, the Project would implement water -efficient landscaping, water quality best management practices to treat surface runoff from the Property, and low impact development practices. The Project is also adjacent to office developments in the Airport Area and would provide housing near employment opportunities. The Project includes pedestrian linkage to public sidewalks that would provide connections throughout the site and to adjacent and surrounding uses, thereby providing an alternative mode of public transportation for the residents and their visitors. The Project would also provide alternative forms of transportation to residents by locating close to the existing Orange County Transportation Authority (OCTA) bus routes provided along Bristol Street and Birch Street. Tribal Consultation (SB 18) 6. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on March 15, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on June 13, 2023. The City participated in consultations with two tribes: the Gabrieleno Band of Mission Indians — Kizh Nation and the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes. Based on consultation with the participating Native American Tribes, 15-62 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 13 of 41 conditions of approval have been included to ensure that a proper monitoring program is in place during the Project's construction. 423 Charter Analysis Finding: Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years. Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. Fact in Support of Findings: The Property is within Statistical Area L4. There are no prior CPAs in Statistical Area L4 in the past 10 years, besides the currently proposed 64 additional dwelling units resulting in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips for the Residences at 1400 Bristol Street. The GPA would change the land use designation only and not result in an increase in development. The 52 base dwelling units are already included in the Mixed -Use Horizontal (MU-H2) development capacity of 2,200 units and no increase in allowed floor area is proposed. Additionally, there is no increase in AM or PM peak hour trips pursuant to the Institute of Transportation Engineers (ITE) trip rates included as Exhibit B of Council Policy A- 18. As a result, the amendment is not classified as a major amendment requiring a vote of the electorate should the City Council choose to approve the GPA. Planned Community Development Plan Amendment An amendment to the Newport Place Planned Community Development Plan (PC-11), which is the zoning document of the Property, is a legislative act. Neither PC-11, Chapter 20.66 (Amendments), and 20.56 (Planned Community Development District Procedures) of Title 20 (Planning and Zoning) of the NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments to the NBMC. However, the proposed amendment complies with the intent of Part III Residential Overlay of PC-11 as follows: 15-63 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 14 of 41 The Project allocates 15% of the base units (eight dwelling units) as affordable units. Of the eight units, six are restricted to very -low-income households and two are restricted to low-income households. 2. Given the location of the Property in the Airport Area which includes a mixture of service uses, hotels, Airport and commercial support services, professional offices, and new residential developments that cumulatively contain the ingredients of a planned community, the proposed PC Amendment would not disrupt the existing uses within the Planned Community and would add to this diversity of uses, assisting the City in larger scale community planning and the provision of additional housing opportunities. 3. The Property is located within 85 feet of the Residential Overlay. The property nearest to the site within the Residential Overlay is 1300 Bristol Street, across Spruce Street. The property at 1300 Bristol has been approved but not yet constructed as a residential apartment project. The Project would be consistent with the anticipated future development of 1300 Bristol and the proposed Residences at 1400 Bristol Project as well other adjacent properties within the Residential Overlay of PC-11. 4. The Project would be subject to the appropriate site and project specific setbacks, density, and height limits for this urban location. All required parking is provided on -site. The Project complies with the development standards identified for the Residential Overlay, except as modified by the allowed development standard waivers identified in the Affordable Housing Implementation Plan. The Residential Overlay provides a density range for proposed projects and references the Section 20.32 (Density Bonus) of the NBMC that prescribes the maximum density bonus and incentives allowed. The Project includes a density bonus of 27.5%, where the PCDP Amendment references a maximum density bonus of 35%. Therefore, the proposed project is consistent with the intent of the density bonus assumptions in the Residential Overlay. 5. The PCDP Amendment requires a site development review in accordance with Section 20.52.080 (Site Development Reviews) of the NBMC. The Project includes a site development review, and all required findings are addressed below (Findings A through C below). 6. The PCDP Amendment requires the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 52 base units, not including density bonus units. Since the Property is 1.71 acres in size, there is a base density of 30 dwelling units per acre. With density bonus, there is a total of 67 dwelling units, which results in 39 units per acre. Both the density with and without the density bonus units are consistent with the PCDP Amendment density requirement. 7. The Property is located near existing office buildings within the Airport Area and is not negatively impacted by noise, dust, smoke, vibration, odor, toxic or noxious matter that may be generated by existing commercial or industrial uses nearby. 15-64 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 15 of 41 8. Residential dwellings are to be permitted as replacement of existing nonresidential uses, and the number of peak hour trips generated by the Project is not to exceed the number of trips of the underlying permitted nonresidential use. The Property is developed with an existing one-story commercial office building totaling 22,956 square feet. A standardized conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area, as provided by the City Traffic Engineer, is required. This results in a total of 52 dwelling units, which is the proposed based density of the Project. With a 27.50% density bonus or 15 dwelling units request, a total of 67 (52+15) dwelling units are proposed for the Project. 9. The Property is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures, conditions of approval, and the General Plan Policies identified in the 2006 General Plan EIR and summarized in Exhibit "A" (EIR Addendum). Manor Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The Property is located within Industrial Site 3 of Newport Place Planned Community (PC-11). The Project includes a request to amend Property's land use designation and inclusion as a part of the Residential Overlay of PC-11. The Residential Overlay allows for residential development consistent with the requested Mixed -Use Horizontal (MU-H2) land use designation and subject to site development review. Finding: B. The proposed development is in compliance with all of the following applicable criteria: Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; 15-65 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 16 of 41 iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protection). Facts in Support of Finding: Refer to Fact 5 under General Plan Amendment and Facts 1 through 9 under Planned Community Development Plan Amendment above, that discuss the Project's consistency with the proposed Mixed Use Horizontal 2 (MU-H2) General Plan land use designation and the PC-11 (Newport Place Planned Community Development Plan) Zoning District including the proposed inclusion in the Residential Overlay. 2. The proposed six -story residential building would be approximately 81 feet in height inclusive of architectural elements and screened rooftop mechanical equipment. The Project is designed with a darker grey stucco finish on the podium and first floor levels and a white stucco finish for the floors above. The contrast in colors reduces the visual mass and bulk of the building and creates variations in the aesthetic design. Additionally, various units on each elevation are constructed with walkable decks with glass railings, adding additional aesthetic treatment to the building. The Project's building mass is compatible with the surrounding office and residential developments. 3. The Project includes a variety of enhanced amenities such as private residential balconies, a large pool deck, an outdoor seating area, a clubroom, and enclosed lounge. 4. The Project includes 146 onsite parking spaces located on a podium level parking structure which includes a subterranean gated parking structure underneath. The Project includes adequate onsite parking exceeding the minimum required residential standard pursuant to Density Bonus Law. 5. The Property is generally flat and bordered by existing office buildings and developed roadways. The City's General Plan does not identify any scenic vistas or view points on or proximate to the Property. The nearest public view point to the Property identified in the City's General Plan is approximately 3,000 feet to the south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately 3,000 feet south of the site. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public 15-66 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 17 of 41 convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. 2. The proposed residential building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Refuse collection is accommodated via an on - site staging area along the private driveway to ensure safe maneuvering by refuse vehicles. Emergency vehicles will have access via Bristol Street and Spruce Street. 3. The Property is located approximately 0.57 mile east of the southernmost John Wayne Airport runway and is within the notification area of the AELUP for John Wayne Airport. However, the Project is below the maximum transitional imagery surface heights, and thus the Project is within the building height limits of the AELUP. The property is located partially within the updated 65dBA CNEL noise contours for John Wayne Airport and Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the residential overlay, the Project shall be required to comply with conditions specified in Section 20.30.080(F) (Noise - Airport Environs Land Use Plan), including provisions of noise study, sound attenuation design features, and notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations. 4. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Vesting Tentative Tract Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, and the following finding and facts in support of such findings are set forth: Finding: D. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 15-67 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 18 of 41 1. The Project is consistent with the proposed Mixed -Use Horizontal (MU-H2) General Plan designation of the Property, which provides for a horizontal intermixing of uses that include multi -family residential development. 2. The Public Works Department has reviewed the proposed vesting tentative tract map and determined it is consistent with the Title 19 and applicable requirements of the Subdivision Map Act. 3. Conditions of approval have been included to ensure compliance with Title 19. Finding: E. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property is entirely developed and does not support any environmental resources. 2. The Property is located in the John Wayne Airport area. The Property is currently improved with a 22,956-square-foot office building. Given its location, this site is ideal for the development of a residential project as it is identified as a housing inventory site of the City's adopted and certified Sixth Cycle Housing Element. Finding: F. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision -making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Fact in Support of Finding: An Addendum to the PEIR has been prepared and concludes that no significant environmental impacts will result with the Project development of the Property in accordance with the proposed subdivision map. Finding: G. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 15-68 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 19 of 41 The Vesting Tentative Tract Map is required for the subdivision of parcels for the separate sale of 67 condominium units. All construction for the Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the Applicant per Section 19.28.010 (General Improvements Requirements) of the NBMC and Section 66411 of the Subdivision Map Act. Compliance with all ordinances of the City and all Conditions of Approval for the Project will ensure that the Project will not cause any serious health problems. 2. All mitigation measures will be implemented as outlined in the Addendum to the PEIR to ensure the protection of the public health. 3. No evidence is known to exist that would indicate that the separate sale of condominiums will generate any serious public health problems. Finding: H. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision -making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: The design of the Project will not conflict with any easements acquired by the public at large for access through or use of property within the Property. 2. No other public easements for access through or use of the Property have been retained for use by the public at large. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Fact in Support of Finding: 15-69 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 20 of 41 The Property is not subject to the Williamson Act since the Property is not considered an agricultural preserve and is less than 100 acres. Finding: J. That, in the case of a `land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision -making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The Property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code. 2. The Property is not located within a specific plan area. Finding: K. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The VTM and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: L. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The proposed Vesting Tentative Tract Map is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need. The Project does not involve the elimination of residential rooms and therefore will not affect the City's ability to meet its share of housing needs. On the contrary, the Property is identified as a housing opportunity site by the adopted and certified Sixth Cycle Housing Element and proposes includes 67 dwelling units, eight of which are considered affordable housing for families that qualify as low income. 15-70 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 21 of 41 2. Public services are available to serve the Project and the Addendum to the PEIR prepared for the Project indicates that the project's potential environmental impacts are properly mitigated. Finding: M. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. Waste discharge into the existing sewer system will be not violate Regional Water Quality Control Board requirements. 2. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. Finding: N. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: The Property is not located in the Coastal Zone and is not subject to a coastal development permit. Affordable Housing Implementation Plan The proposed Affordable Housing Implementation Plan (AHIP) is consistent with the intent to implement affordable housing goals within the City pursuant to Government Code Sections 65915-65918 (State Density Bonus Law), and Title 20, Chapter 20.32 (Density Bonus) of the NBMC for the following reasons: 1. Consistent with the requested 27.5% density bonus, eight units of the Project's base units (52) would be set aside as affordable units. Of the eight units, six are restricted to very -low-income households and two are restricted to low-income households. Low- income households are defined as households 80% or less of the area median income, while very -low-income households are defined as households 50% or less of the area median income, both adjusted for family size. Since the Project is for -sale condominiums, the affordable units are subject to an equity sharing agreement without expiration, unless sold to a nonprofit housing corporation. 15-71 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 22 of 41 2. Government Code Section 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC provide for an increase in the number of units above General Plan and zoning limits for projects that include a minimum of 15%of the base units affordable to low and very low-income households. The Project's inclusion of 8 affordable units (6 very low-income units and 2 low-income), which is 15%of the base unit count of 52 units, makes the Project eligible for 15 density bonus units. The Project total is 67 units. 3. In addition to the 15 density bonus units and parking reductions, the Project is entitled to receive up to two incentives or concessions under California Government Code Section 65915(d) and Section 20.32.070 (Allowed Incentives or Concessions) of the NBMC that would result in identifiable, financially sufficient, and actual cost reductions. The Project includes the following concessions the first of which the Project is entitled to and the second, which is at the City Council's discretion: a. Affordable Unit Mix: Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. In this case, the Project provides all eight affordable units as two -bedroom units, whereas, the overall unit mix includes 27 two -bedroom units and 40 three -bedroom units. Granting an incentive from the unit -mix will result in identifiable, financially sufficient, and actual cost reductions for the Project. b. Partial Payment of In -Lieu Park Fee: General Plan Land Use Element Policy 6.15.13 requires residential development to provide a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, to be provided. Since the 1.71-acre Property is too small to feasibly accommodate the physical dedication of the park, the Policy requires an in -lieu fee paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. The Applicant is requesting to use a second incentive to waive a portion of the fee in order to provide cost reductions and make the Project financially feasible. 4. In addition to the density bonus units, parking reductions, and the financial concession, the Project is entitled to receive waivers or reductions of development standards under California Government Code Section 65915(e), Section 20.32.080 (Waivers or Reductions of Development Standards), and recent caselaw if the development standard would physically prevent the Project from being built at the permitted density. In this case, the Project is entitled to waivers of the following development standards: a. Park dedication requirements (two waivers): General Plan Land Use Policy LU 6.15.13 requires a public park equal to eight percent of the gross land area of the development, or a minimum one- half acre, whichever is greater, be provided. The Applicant proposes to waive the one-half acre requirement and a partial park in -lieu fee. Section 19.52.040 (Parkland Standard) of the NBMC requires the City's park dedication standard to be five acres per thousand population due to the proposed vesting tentative tract for residential condominium purposes. Per 15-72 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 23 of 41 the latest census data, the average persons per household is 2.2 persons, which results in 147.4 persons and a 0.74-acre park dedication requirement. Regardless of any requirements, the Property is 1.71 acres in size which is too small to feasibly accommodate a park of minimum one-half acre in size. b. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Quail Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with a 11-foot setback from Spruce Street and a 10-foot setback to Quail Street. C. Building height. The Newport Place Planned Community (PC-11) Residential Overlay limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 67 residential units. The Project is designed with a height of approximately 81 feet from established grade. Development Agreement In accordance with Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, a development agreement is required as the project requires an amendment to the General Plan and PC-11 that includes the development of more than 50 residential units, in this case the Project has a total of 67 residential units. The proposed DA satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC as follows: A DA is requested by the Applicant, as the Project would include a total of 67 residential units. The DA includes all the mandatory elements including a term of 10 years and public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, the NBMC, and Government Code Sections 65864 et seq. 2. Public benefits include the payment of a public safety fee to satisfy any obligation the Project could have to provide new emergency response services or Fire Department equipment to serve the Airport Area whether a Community Facilities District is formed or not. The Applicant has also agreed to pay a separate public benefit fee to be used by the City Council as it deems appropriate. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: a. Adopt Environmental Impact Report Addendum to the 2006 General Plan Update (SCH2006011119), which is attached hereto as Exhibit "A" and incorporated by reference; b. Approve a General Plan Amendment to change the General Plan Land Use Designation of the Property from General Commercial Office (CO-G) to Mixed -Use 15-73 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 24 of 41 Horizontal (MU-1-12) which is attached hereto as Exhibit "B" and incorporated by reference; C. Adopt a Planned Community Development Plan Amendment to include the Property in the Residential Overlay of PC-11 which is attached hereto as Exhibit "C" and incorporated by reference; d. Adopt a Development Agreement, which is attached hereto as Exhibit "D," and incorporated by reference; e. Approve Affordable Housing Implementation Plan, which is attached hereto as Exhibit "E," and incorporated by reference; f. Approve a Major Site Development Review, with conditions of approval which are attached hereto as Exhibit "F" and incorporated by reference; and g. Approve Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC) for 67 condominium dwelling units, with conditions of approval which are attached hereto as Exhibit "G," and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF DECEMBER, 2023. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None RECUSED: None ABSENT: Barto BY: Curtis Ellmore, Chairman BY: Tiisfxv' RA.v'v'iS Tristan Harris, Secretary Attachment(s): Exhibit A — Addendum to the 2006 General Plan Update (SCH NO. 2006011119) Exhibit B — General Plan Amendment Exhibit C — Planned Community Development Plan Amendment Exhibit D — Development Agreement Exhibit E — Affordable Housing Implementation Plan Exhibit F — Major Site Development Review Conditions of Approval Exhibit G — Vesting Tentative Tract Map No. 19261 15-74 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 25 of 41 1 *:/:1111 iti_VA ADDENDUM TO THE 2006 GENERAL PLAN UPDATE (SCH NO. 2006011119) Available separately due to bulk at: www.newportbeachca.gov/cega 15-75 ADDENDUM TO THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT Prepared by: City of Newport Beach Community Development Department 3300 Newport Boulevard Newport Beach, California 92658-8915 November 2007 Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE OF CONTENTS Section Paqe Section1.0 Introduction..........................................................................................................1-1 1.1 Purpose of Addendum............................................................................1-1 1.2 Previous Environmental Documentation and discretionary actions ........ 1-2 Section 2.0 Project Description..............................................................................................2-1 2.1 Project Location......................................................................................2-1 2.2 Project Characteristics............................................................................2-1 2.2.1 North Newport Center PC Text...................................................2-1 2.2.2 Transfer of Development Rights.................................................2-3 2.2.3 Phased Land Use Development and Circulation Improvement Plan (TPO Approval)...................................................................2-3 2.2.4 Affordable Housing Implementation Plan (AHIP)........................2-4 2.2.5 Development Agreement............................................................2-4 2.2.6 Discretionary Actions..................................................................2-4 Section 3.0 Environmental Analysis......................................................................................3-1 3.1 Aesthetics...............................................................................................3-1 3.2 Agricultural Resources............................................................................3-4 3.3 Air Quality...............................................................................................3-4 3.4 Biological Resources..............................................................................3-8 3.5 Cultural Resources...............................................................................3-10 3.6 Geology, Soils, and Mineral Resources................................................3-12 3.7 Hazards and Hazardous Materials.......................................................3-14 3.8 Hydrology and Water Quality................................................................3-17 3.9 Land Use and Planning........................................................................3-20 3.10 Noise....................................................................................................3-24 3.11 Population and Housing........................................................................3-27 3.12 Public Services.....................................................................................3-28 3.13 Recreation and Open Space................................................................3-31 3.14 Transportation/Traffic............................................................................3-33 3.15 Utilities and Service Systems...............................................................3-45 F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc i Table of C Addendum to City of Newport Beach General Plan 2006 Update EIR TABLES Table Page 1 Development Area Summary .........................................................................................2-3 2 Trip Generation Summary............................................................................................3-35 3 One Percent Analysis...................................................................................................3-36 4 ICU Summary...............................................................................................................3-40 5 Converted Uses...........................................................................................................3-42 EXHIBITS Exhibit Follows Page 1 Local Vicinity Map..........................................................................................................2-2 2 Fashion Island, Block 500, Block 600, San Joaquin Boundaries...................................2-2 3 Existing and Proposed Zoning Designations.................................................................2-2 F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc Table of C Addendum to Citv of Newport Beach General Plan 2006 Update EIR SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF ADDENDUM This document, prepared pursuant to the California Environmental Quality Act (CEQA), constitutes an Addendum to the City of Newport Beach General Plan 2006 Update Program Final Environmental Impact Report (EIR) Screencheck No. 2006011119 certified on July 25, 2006. This Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code §§21000, et seq., and the State CEQA Guidelines, California Code of Regulations §§15000, et seq. CEQA Guidelines §15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Pursuant to CEQA Guidelines §15162(a), a subsequent Environmental Impact Report (EIR) or Negative Declaration is only required when: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-1 Introductic Addendum to Citv of Newport Beach General Plan 2006 Update EIR The proposed North Newport Center Project includes the following City actions to implement the 2006 General Plan: 1. Approval of a zoning amendment to adopt the North Newport Center Planned Community Development Plan (herein referred to as the North Newport Center PC Text), including the reclassification of property to the Planned Community (PC) District and amendment to two existing Planned Community Development Plans; 2. Approval of a transfer of development rights, pursuant to General Plan policy, to convert unbuilt hotel entitlement to office entitlement and to relocate this entitlement and existing office and commercial development from Block 600 to Block 500; 3. Approval of a traffic study of the North Newport Center Phased Land Use Development and Circulation System Improvement Plan pursuant to the Traffic Phasing Ordinance (herein referred to as the TPO approval); 4. Approval of an Affordable Housing Implementation Plan (herein referred to as the AHIP) pursuant to the 2006 General Plan Housing Element; and 5. Approval of a Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company Concerning North Newport Center (herein referred to as the Development Agreement) pursuant to Newport Beach Municipal Code Section 15.45, Development Agreements The purpose of this Addendum is to analyze the potential differences between the impacts evaluated in the City of Newport Beach General Plan 2006 Update Final EIR, hereafter referred to as the General Plan EIR, and those that would be associated with the North Newport Center Project. As described in detail herein, there are no new significant impacts resulting from these changes nor is there any substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with these proposed changes would either be the same or less than the anticipated levels ascribed in the certified General Plan EIR. In addition, there are no substantial changes to the circumstances under which future development projects subject to the 2006 General Plan and PC Text would be undertaken. Therefore, in accordance with CEQA Guidelines §15164, this Addendum to the certified General Plan Final EIR is the appropriate environmental documentation for the North Newport Center PC Text. Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect upon the environment. Newport Beach has the authority for project approval and certification of the accompanying environmental documentation. In taking action on any of the approvals outlined in Section 2.0, Project Description, the City, as the lead agency and decision making body, must consider the whole of the data presented in the General Plan EIR and this Addendum to the General Plan EIR. 1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION AND DISCRETIONARY ACTIONS The General Plan EIR was certified adequately addressing the potential City of Newport Beach, inclusive of Plaza (North Newport Center). The actions being addressed as part i addressed in Section 2.0, Project by the Newport Beach City Council on July 25, 2006, as environmental impacts associated with the buildout of the Fashion Island, Block 500, Block 600, and San Joaquin ocation of North Newport Center, approvals granted, and )f this Addendum to the General Plan EIR are further )escription. The adopted 2006 General Plan placed the FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-2 Introductic Addendum to Citv of Newport Beach General Plan 2006 Update EIR following designations on the four sub -areas included in the Project and analyzed full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Fashion Island Regional Commercial (CR) Block 500 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) Block 600 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) San Joaquin Plaza Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) When a project is large and complex, such as a General Plan update, and will be implemented over a multi -year period, a Program EIR enables the lead agency to approve the overall program. When individual activities within the program are proposed, the agency is then required to examine the individual activities to determine if their effects were adequately analyzed in the Program EIR. Consistent with CEQA Guidelines §15162, the lead agency can approve the activities as being within the scope of the project covered by the Program EIR. The State CEQA Guidelines §15168(a) defines a Program EIR as: ...an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) A logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. The State CEQA Guidelines §15168(c)(2) states: (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. As previously noted, CEQA Guidelines §15162(a) states that a subsequent EIR is not necessary in the absence of the following: (1) substantial changes to the project, (2) substantial changes to the project circumstances, or (3) new information of substantial importance. Use of a Program EIR for the update of the General Plan afforded the City many advantages that would not be realized if projects had been evaluated on an action -by -action basis. These advantages are outlined in CEQA Guidelines §15168(b), which states: "The Program EIR can: (1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case - by -case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-3 Introductic Addendum to Citv of Newport Beach General Plan 2006 Update EIR (4) Allow the Lead Agency to consider broad policy alternatives and program - wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and (5) Allow reduction in paperwork." Page 1-1 of the General Plan EIR states: "This EIR has been prepared as a Program EIR pursuant to Section 15168 of the CEQA Guidelines... This EIR will review the existing conditions of the City of Newport Beach and the Planning Area, analyze potential environmental impacts from implementation of the proposed General Plan Update, identify policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identify additional mitigation measures, if necessary, to reduce potentially significant impacts of the General Plan Update." Page 1-4 of the General Plan EIR states: "This EIR has been prepared to analyze potentially significant environmental impacts associated with future development resulting from implementation of the proposed General Plan Update, and also addresses appropriate and feasible mitigation measures or project alternatives that would minimize or eliminate these impacts." Page 1-5 states: "The proposed General Plan Update will serve as a comprehensive document that will guide future potential growth and development within the City ... The EIR will analyze all aspects of the proposed General Plan Update to determine whether any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment with regards to the environmental issues [identified in the EIR]." As such, the General Plan Final EIR assessed potential impacts associated with the implementation of land uses set forth in the General Plan, including land use changes due to full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza under the General Plan Update. Page 3-15 of the General Plan EIR states: "The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional housing units." The Draft EIR for the City of Newport Beach General Plan Update analyzed 600 housing units in Newport Center, which includes Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Through Planning Commission and City Council hearings the 600 housing units were reduced to a maximum of 450 units. This reduction is reflected in Volume IA -Final Environmental Impact Report (Draft EIR Changes and Responses to Comments). The 2006 General Plan also documented the approval of these 450 residential units for Newport Center.a Of the 450 units permitted in Newport Center by the adopted 2006 General Plan, 430 units are incorporated into this proposed PC Text Amendment. Previous Discretionary Actions The following City of Newport Beach Ordinances and Resolutions related to development of the four sub -areas are listed below and incorporated herein by reference and made a part hereof: Fashion Island Planned Community Development Plan (adopted November 23, 1987) Amendment No. 632, Ordinance No. 87-45, November 23, 1987 Amendment No. 699; Resolution No. 90-7, February 12, 1990 Amendment No. 701, Resolution No. 91-22, March 11, 1991 Amendment No. 811, Resolution No. 94-102, November 14, 1994 City of Newport Beach, General Plan, July 25, 2006, Table LU-2, pages 3-18 to 3-20. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-4 Introductic Addendum to Citv of Newport Beach General Plan 2006 Update EIR Amendment No. 825, Resolution No. 95-115, October 9, 1995 Amendment No. 889, Ordinance No. 99-27, November 8, 1999 PD 2002-002, Ordinance No. 2003-001, January 28, 2003 Block 500 Amendment No. 827, Ordinance No. 95-32, August 28, 1995 San Joaquin Plaza Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975 (Amendment No. 455) Amendment No. 1: March 12, 1979, P.C. Amendment No. 527; Resolution No. 9517 Amendment No. 2: November 23, 1987, P.C. Amendment No. 653; Resolution No. 87-164 Amendment No. 3: January 13, 1992, P.C. Amendment No. 729; Resolution No. 92-5 Amendment No. 4: April 27, 1992, P.C. Amendment No. 755; Resolution No. 92-33 Amendment No. 5: October 9, 1995, P.C. Amendment No. 825, Resolution No. 95-115 Amendment No. 6: March 22, 2005, Code Amendment No. 2004-013; Resolution No. 1656, Ordinance 2005-3 Block 600 Ordinance No. 1719, adopted by the City of Newport Beach on March 28, 1977 (Amendment No. 483) Ordinance No. 92-45, adopted by the City of Newport Beach on November 9, 1992 (Amendment No. 771) GPA 97-3 (D), adopted by the City of Newport Beach on June 22, 1998 (Resolution No. 98- 48) F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-5 Introductic Addendum to Citv of Newport Beach General Plan 2006 Update EIR SECTION 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located in Newport Center in the City of Newport Beach, California. As depicted in Exhibit 1, Newport Center is generally bound by San Joaquin Hills Road to the northeast, MacArthur Boulevard to the southeast, Jamboree Road to the northwest, and Coast Highway to the southwest. Fashion Island is an approximate 75-acre regional shopping center located in the center of Newport Center; Newport Center Drive is a ring road that connects to a roadway system providing access to the various blocks that form Newport Center. Block 500 (approximately 15 acres) is generally bound by San Joaquin Hills Road to the northeast, an internal access road and Avocado Avenue to the south, Newport Center Drive to the southwest, and Santa Rosa Drive to the west. Block 600 (approximately 25 acres) is generally bound by San Joaquin Hills Road to the northeast, Santa Rosa Drive to the southeast, Newport Center Drive to the southwest, and Santa Cruz Drive to the west. San Joaquin Plaza (approximately 23 acres) is generally bound by San Joaquin Hills Road to the northwest, San Clemente Drive to the south, Santa Cruz Drive to the east, and Santa Barbara Drive and internal access roads to the west. The four sites are depicted on Exhibit 2. The areas surrounding Fashion Island, Block 500, Block 600, and San Joaquin Plaza are developed. To the north of Block 500, Block 600, and San Joaquin Plaza across San Joaquin Hills Road, land uses include residential and a golf course within The Big Canyon Planned Community (PC 8). Uses to the south of Fashion Island are predominately commercial. To the south of Block 500 are medical and commercial office uses. To the south of San Joaquin Plaza are multi -family residential and commercial office uses. To the west are commercial uses, residential uses, the Marriott Hotel, and the Newport Beach Country Club. To the east, across MacArthur Boulevard are residential uses. 2.2 PROJECT CHARACTERISTICS 2.2.1 NORTH NEWPORT CENTER PC TEXT The City of Newport Beach Municipal Code allows a "Planned Community District" to address land use designation and regulations in Planned Communities. The proposed project is the adoption of the North Newport Center PC Text, which incorporates Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) into a single Planned Community District. Concurrently, the existing Block 500 PC Text and the San Joaquin Plaza PC Text would be amended to remove identified portions of Block 500 and San Joaquin Plaza from their respective Planned Community Districts, and the Newport Beach Zoning Code would be amended to remove Block 600 from the Administrative Professional Financial zoning district. The purposes of a Planned Community District, as stated in the Municipal Code are as follows: 20.35.10 Specific Purposes The PC district is intended to: A. To provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 2-1 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR superior environment which can result from large-scale community planning; B. To allow diversification of land uses as they relate to each other in a physical and environmental arrangement while insuring substantial compliance with the spirit, intent and provisions of this Code; C. To include various types of land uses, consistent with the General Plan, through the adoption of a development plan and text materials which set forth land use relationships and development standards. The PC Text has been prepared to implement and be consistent with the adopted 2006 City of Newport Beach General Plan (General Plan) and City of Newport Beach General Plan 2006 Update Final EIR (General Plan EIR). The proposed PC Text reflects the uses and designations permitted under the 2006 General Plan. No changes to the existing 2006 General Plan land use designations are required. The existing General Plan land uses designations for the four sub- areas are as follows: Fashion Island Regional Commercial (CR) Block 500 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) Block 600 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) San Joaquin Plaza Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) The existing zoning designations for the four sub -areas are as follows. Adoption of the North Newport Center PC Text would incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) to create the North Newport Center PC Text. The existing and proposed zoning designations are shown on Exhibit 3. Fashion Island Planned Community (PC-35 Fashion Island) Block 500 Planned Community (PC-46 Block 500) Block 600 Administrative, Professional, Financial (APF); Open Space (OS) San Joaquin Plaza Planned Community (PC-19 San Joaquin Plaza) As identified on Table 1, the proposed amendment to the PC Text would incorporate the intensities set forth in the adopted 2006 General Plan. Future implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza would not allow for any increase in development intensities beyond that permitted by the General Plan for these sub -areas. The PC Text identifies the permitted land uses and development standards that will be used to guide future development. As previously noted, Fashion Island is a regional shopping center located in the center of the larger Newport Center area. The proposed PC Text envisions Fashion Island to incorporate uses including retail, restaurants, bars, theater/nightclubs and services. The proposed PC Text provides that Blocks 500 and 600 and San Joaquin Plaza may be developed as a regional mixed use center incorporating administrative, professional, and financial uses together with hotel and residential uses and retail and other commercial uses. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 2-2 Environma V, y 1 k 'aia hb 5- �- x :+• 4Y _:, ti- lock - u "fir -. - '''. Z. - ti - � r' �•� � � �r San Joaquin y}���`.:�rr..�•: -,._r �'��- - +��,: �, �'" ;9� are � - x i `•� �','-�°}� r. 3 • • - _ Fashion Island _ �Block;500. ..{ . ri:3IL .�., , ter '?r�Y•4J •'4. i ,.Y'' rr, ::. v"xy.ry.i - T'.t r��# Aika � p�IM '" Newport Bay - _ � �:'�� '� �`` -� ,' ;� - •��� -%'. 4 ' � 6'.] i� ' '•'� ' "� � - k���,,�•�s-s• L',^�� 9S.y, :+� j'4. .. }•. �� �tj4h..�k 'i Project Location ME Local Vicinity Exhibit 1 North Newport Center Addendum N `"-<�e 1,500 750 0 1,500 s Feet R:/Projects/Newport/J011 /Gmphics/Ex1 _LV_110907.pdf '� PC-56 PC-56 �SANTACRUZ DR. IDS- PC-56 a CL � 9pG PC-5fi { �s PC-5fi SANTA ROSA DR- J PC-56 PC-56 PC-56 } G .,PC-56 N �^ a a nw x u ap' AqC' �NO a z TQ� a gsr��c� � �q o� v ❑S - Open Space AP -Administrative, Professional, Financiai PC-56 - Fashion Island Planned Community text- Proposed Zoning text - Current Zoning 4ex4- Proposed to be changed Source: CAA Planning 2007 Existing and Proposed Zoning Designations Exhibit 3 North Newport Center Addendum R:/Projects/Newport/J011/Graphics/Ex3 Zone 110907.pdf Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 1 DEVELOPMENT AREA SUMMARY San Joaquin Fashion Island Block 500 Block 600 Plaza Land Use (75 acres) (15.29 acres) (25 acres) (23.2 acres) Total Regional Commercial 1,619,525 sf 0 0 0 1,619,525 sf Movie Theatre 1,700 seats 1,700 seats (27,500 sf) (27,500 sf) Hotel (a) (b) 425 rooms (b) (b) 490 rooms Residential 0 (c) (c) (c) 430 du Office/Commercial 0 285,142 sf 1,001,634 sf 1 337,261 sf 1 1,746,979 sf sf: square feet du: dwelling unit a Hotel rooms are permitted in Fashion Island through the transfer of available square footage. b 65 hotel rooms may be relocated in either Block 500, Block 600, or San Joaquin Plaza. In no case shall the total number of hotel rooms in the Fashion Island/Block 500/Block 600/San Joaquin Plaza Planned Community exceed 490. c. Residential units are permitted in Block 500, Block 600, and San Joaquin Plaza. In no case shall the total number of dwelling units exceed 430. 2.2.2 TRANSFER OF DEVELOPMENT RIGHTS The 2006 General Plan also allows a transfer of development rights within Newport Center in accordance with the following Land Use Element policy: LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the General Plan and that the transfer will not result in any adverse traffic impacts. As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to transfer a portion of the existing development rights from Block 600 to Block 500. The transfer includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this entitlement to Block 500. It also includes the removal of the following existing uses from Block 600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444 sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights could be used for a new City Hall in Block 500. 2.2.3 PHASED LAND USE DEVELOPMENT AND CIRCULATION IMPROVEMENT PLAN (TPO APPROVAL) The Project is not expected to be completed within 60 months of approval, and it includes a circulation improvement plan, explained in detail in the Development Agreement. The Project therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early in the development phasing (i.e., before issuance of a certificate of occupancy for the first building [other than a parking structure]) constructed as part of the Project, but in no event later than 60 months from the operative date of the Development Agreement. In addition, the Applicant will work with the City on design and development of circulation enhancements in the FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 2-3 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR North Newport Center area, consistent with the General Plan Circulation Element, including widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of public right-of-way and enhancement of San Miguel Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic signals on Newport Center Drive. 2.2.4 AFFORDABLE HOUSING IMPLEMENTATION PLAN (AHIP) The 2006 General Plan Housing Element requires an Affordable Housing Implementation Plan (AHIP) for any development including more than 50 dwelling units. The North Newport Center AHIP describes how the Applicant would provide affordable housing to meet the Housing Element goal of 15 percent. The Applicant may build new affordable units, restrict income and rent levels for existing apartments in the vicinity of North Newport Center, or a combination of these methods. The exact number of units may vary, depending on the income levels served, and all units must be affordable for a period of 30 years. 2.2.5 DEVELOPMENT AGREEMENT As a part of the project, a Development Agreement is proposed between the City of Newport Beach and The Irvine Company. Key provisions of the proposed Development Agreement are as follows. • Cancellation of Circulation Improvement and Open Space Agreement and Bonita Canyon Annexation and Development Agreement • Vesting of North Newport Center development rights for 20 years • Payment of in -lieu park fees for 430 residential units, including early payment of a portion of fees as matching grant for OASIS Senior Center • Payment of public benefit fee to fund construction of new City Hall building or other municipal purpose • Circulation enhancements in the North Newport Center area • Four-year option for the City to purchase a site in Block 500 for City Hall as well as the use of 375 parking spaces. • Dedication of the site north of San Miguel Drive, west of MacArthur Boulevard, south of San Joaquin Hills Road and east of Avocado Avenue for open space, if a new City Hall is constructed on a site in Newport Center other than Block 500 • Limit on future increases in development fees • Limit on future amendments to Municipal Code pertaining to development of the North Newport Center property 2.2.6 DISCRETIONARY ACTIONS The City of Newport Beach, as the lead agency for the Project, would rely on the City of Newport Beach General Plan 2006 Update Program Final EIR and this Addendum as the primary environmental documentation for the approval of the discretionary actions discussed below. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 2-4 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Approval of the Addendum to the City of Newport Beach General Plan 2006 Update Final Program EIR: The North Newport Center Project requires the acceptance of the environmental document as having been prepared in compliance with CEQA and the State and City CEQA Guidelines, as well as certification that the information contained in the City of Newport Beach General Plan 2006 Update Final Program EIR and this Addendum was considered in the final decisions on the Project. Approval of the Planned Community Development Plan and Design Regulations Amendment No. PD2007-003 as the North Newport Center Planned Community Development Plan and Design Regulations: The Project includes the adoption of the North Newport Center Planned Community Development Plan to incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company into one PC District, and to provide consistency between the 2006 General Plan and the zoning designation for the four sub -areas of North Newport Center. Additionally, the Block 500 and San Joaquin Plaza PC Texts would be modified to remove areas to be included in the North Newport Center PC Text. • Code Amendment CA2007-007: An amendment to Municipal Code is required to change the zoning classification of Block 600 from Administrative Financial Professional (APF) to Planned Community (PC) District and the open space corner lots in Block 500 and Block 600 from the Open Space (OS) District to the Planned Community (PC) District. • Approval of Transfer of Development Rights: The project includes the transfer of development rights from Block 600 to Block 500 pursuant to General Plan policy. The transfer of development rights requires approval of the City Council. • Traffic Study No. TS2007-001: In accordance with Municipal Code Title 15, Chapter 15.40, the project is a Comprehensive Phased Land Use Development and Circulation System Improvement Plan as all phases of construction are not anticipated to be completed within 60 months of approval and the project is subject to a Development Agreement. As such, a Traffic Phasing Ordinance study has been prepared. • North Newport Center Planned Community Affordable Housing Implementation Plan: An Affordable Housing Implementation Plan is required by the 2006 General Plan Housing Element, and is included in the Project. • Development Agreement No. DA2007-002: The Development Agreement between the City and Applicant would vest development rights and establish public benefits to the City. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 2-5 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR SECTION 3.0 ENVIRONMENTAL ANALYSIS The analysis in this document will evaluate if the potential impacts associated with the subsequent approvals outlined in Section 2.0, Project Description, are substantially the same as those addressed in City of Newport Beach General Plan 2006 Update Final Program EIR. This evaluation includes a determination as to whether Project implementation would result in any new significant impacts or a substantial increase in a previously identified significant impact. If the comparative analysis identifies that there would be no change in impact from that identified in the General Plan EIR, a determination of "No Substantial Change from Previous Analysis" has been made. This analysis provides the City of Newport Beach with the factual basis for determining whether any changes in the project, any changes in circumstances, or any new information since the General Plan EIR was certified require additional environmental review or preparation of a subsequent or supplemental EIR. 3.1 AESTHETICS The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on aesthetic/visual quality if it would result in any of the following: • Have a substantial adverse effect a scenic vista • Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway • Substantially degrade the existing visual character or quality of the site and its surroundings • Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area" No Substantial Change from Previous Analysis. Aesthetic and visual impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Have a Substantial Adverse Effect a Scenic Vista Page 4.1-6 of the City of Newport Beach General Plan 2006 Update Final Program EIR (General Plan EIR) identifies that there are no officially designated scenic highways within the City. As such, Fashion Island, Block 500, Block 600, and San Joaquin Plaza are not designated as scenic vistas or located within a scenic preservation zone. Page 4.1-9 of the General Plan EIR identifies a public coastal view is located along Newport Center Drive from Newport Center Drive east to west extending to Farallon Drive/Granville Drive, the beginning of which is located approximately 0.45 miles south of Block 600 and at the southern edge of Fashion Island. The General Plan EIR states that "...existing and future development would be regulated by the FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-1 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR proposed General Plan Update policies, and scenic vistas would not be adversely affected. Therefore, impacts to scenic vistas would be less than significant." Substantially Damage Scenic Resources, Including, but not Limited to, Trees, Rock Outcroppings, and Historic Buildings within a State Scenic Highway The General Plan EIR identifies that there are no officially designated scenic highways in the City. State Route 1 (Coast Highway) is eligible for State Scenic Highway designation. Coast Highway is not contiguous to the Project. The General Plan EIR further states "Consequently, because no scenic highways are currently designated within the City, implementation of the proposed General Plan Update would have no impact." Substantially Degrade the Existing Visual Character or Quality of the Site and Its Surroundings The General Plan EIR identifies Newport Center/Fashion Island as an area of high overall visual quality (see page 4.1-18). It further states "In these areas, new development allowed under the proposed General Plan Update would be done in such a way as to fit into the existing visual setting. Policy LU 1.1 requires that new development `maintain and enhance' existing development." Policy LU 1.1 states: Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds (See page 4.1-24) Fashion Island, Block 500, Block 600, and San Joaquin Plaza are within the City's high-rise height limitation zone. Fashion Island height limits range from 40 feet to 125 feet as detailed in Section 5d. Development within Block 500 and Block 600 is permitted up to 375 feet high. The height limit for San Joaquin Plaza is 65 feet. Fashion Island is currently developed with retail, entertainment, services and supporting uses that serve local and regional residents. Block 500 is developed with general office and medical uses. Block 600 is currently developed with high- rise office and hotel buildings. San Joaquin Plaza contains business and professional office uses. Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza would be required to comply with the City's high-rise height limitations, compliment the height of existing buildings in Newport Center, and not create a significant shadow, or shading, impact. Shading describes the effect of shadows cast on adjacent areas by proposed structures. The proposed PC Text requires a that shade and shadow study be prepared for any structure over 200 feet in height that has the potential to affect the residential area located north of San Joaquin Hills Road (Big Canyon). The purpose of the study is to ensure that new development will not result in added shade and shadow to the residential area beyond existing conditions for more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time. The General Plan EIR notes that the 2006 General Plan includes policies associated with aesthetic improvements such as landscaping, pedestrian amenities, and design standards for architecture and lighting. Future development projects in North Newport Center would be required to conform to these General Plan standards as well as standards set forth in the PC Text and its Design Regulations. The General Plan EIR states "Thus, the visual character would change as development intensity increased, but the impacts would not be considered FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-2 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR significantly adverse.... Therefore, the proposed General Plan Update would have a less -than - significant impact on the visual character of developed urban areas." (See page 4.1-19) Create a New Source of Substantial Light or Glare, Which Would Adversely Affect Day or Nighttime Views in the Area The General Plan EIR notes that the city is primarily built out and currently has significant amounts of ambient light. It further notes that new development could create new sources of light and glare from uses such as exterior building lighting, parking lots and structures, reflective building surfaces, and vehicular headlines. Sources of light and glare could affect adjacent sensitive land uses generally considered to be undeveloped land and residential uses adjacent to commercial or industrial uses. The 2006 General Plan includes policies to address potential nighttime lighting impacts. These include policies to prevent lighting spillage onto adjacent properties while other policies allow the integration of land uses with requirements for addressing lighting for land use compatibility. The General Plan EIR states "Therefore, with implementation of the above -mentioned policies, nighttime lighting impacts and potential spillover would be les than significant." (See page 4.1-22) The proposed Planned Community Development Plan and Design Regulations also contain lighting provisions to implement these General Plan policies. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following condition is included in the North Newport Center PC Text relating shade and shadow: Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the Applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Planning Director and the Planning Director shall determine conformance with the standards identified herein as part of the plan review process. Level of Sianificance After Mitiaation Consistent with the findings of the General Plan EIR, the General Plan EIR states "...all other project impacts associates with aesthetics and visual resources would be less than significant under the proposed Newport Beach General Plan Update."2 Finding of Consistency With General Plan EIR 3.2 PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES, THE CITY OF NEWPORT BEACH HAS DETERMINED, ON THE BASIS OF SUBSTANTIAL EVIDENCE IN THE LIGHT OF THE WHOLE RECORD, THAT THE NORTH NEWPORT CENTER PROJECT DOES NOT PROPOSE SUBSTANTIAL CHANGES TO THE 2 Visual impacts associated with Banning Ranch were found to be unavoidable. Banning Ranch is not a part of the North Newport Center Project. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-3 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR PROJECT; NO SUBSTANTIAL CHANGES WOULD OCCUR WHICH WOULD REQUIRE MAJOR REVISIONS TO THE GENERAL PLAN EIR DUE TO THE INVOLVEMENT OF NEW SIGNIFICANT ENVIRONMENTAL EFFECTS OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF PREVIOUSLY IDENTIFIED SIGNIFICANT EFFECTS; AND NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE HAS BEEN REVEALED SINCE THE CERTIFICATION OF THE GENERAL PLAN EIR.AGRICULTURAL RESOURCES The General Plan EIR identifies that the topic of Agricultural Resources was focused out because the City of Newport Beach contains no designated farmland by the California Department of Conservation, Farmland Mapping Program, s no land designated Farmland would be converted to non-agricultural use as a result of implementation of the 2006 General Plan, no sites in the City are zoned for agricultural use, and no sites would be affected by a Williamson Act contract. (See page 6-4) 3.3 AIR QUALITY The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on air quality if it would result in any of the following: • Conflict with or obstruct implementation of the applicable air quality plan • Violate any air quality standard or contribute substantially to an existing or projected air quality violation • Result in a cumulatively considerable net increase of any criteria pollutant for which the project is in non -attainment under an applicable federal or State ambient air quality standard • Expose sensitive receptors to substantial pollutant concentrations • Create objectionable odors affecting a substantial number of people" No Substantial Change from Previous Analysis. Air quality impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Conflict With or Obstruct Implementation of the Applicable Air Quality Plan Result in a Cumulatively Considerable Net Increase of any Criteria Pollutant for Which the Project Is In Non -Attainment Under An Applicable Federal Or State Ambient Air Quality Standard The General Plan EIR identifies that projects that are consistent with the South Coast Air Quality Management District (SCAQMD) 2003 Air Quality Management Plan (AQMP) are those whose use and activities are consistent with the applicable assumptions used in the 3 California Department of Conservation, Farmland Mapping Program, Important Farmland in California 2004 Map (2004) FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-4 Environmf Addendum to Citv of Newport Beach General Plan 2006 Update EIR development of the AQMP. Because the growth projections assumed for buildout of the 2006 General Plan are higher than what would have been assumed in the AQMP, the "...proposed General Plan Update would not be consistent with the AQMP attainment forecasts and attainment of the standards could be delayed.... this impact would be significant." This was identified as a project and cumulative unavoidable impact. As previously identified in Table 1 of this Addendum, total development (existing and future) for Fashion Island is 1,619,525 sf of regional commercial uses and 1,000 movie theatre seats; hotel uses are permitted through a transfer of development rights. Total development (existing and future) for Block 600 is 1,001,634 sf of office/commercial and 425 hotel rooms. Total office/commercial development is 285,142 sf for Block 500 and 337,261 sf for San Joaquin Plaza. In addition, 430 residential units and 65 hotel rooms may be developed in Blocks 500 or 600 or San Joaquin Plaza. Through the transfer of development rights included in the Project, the entitlement for 165 new hotel rooms and 42,036 sf of office/commercial use allocated to Block 600 is to be transferred to Block 500 for the development of 205,161 sf of office/commercial use in Block 500.The Project does not propose any new land uses, nor any additional intensity of development, not previously permitted and contemplated in the 2006 General Plan for the four sub -areas. As such, the Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Violate Any Air Quality Standard or Contribute Substantially to an Existing or Projected Air Quality Violation The General Plan EIR identifies that construction related emissions could be mitigated but would be expected to remain significant and unavoidable. Future development in North Newport Center consistent with the assumptions of the 2006 General Plan may involve excavation, grading operations, building construction, and demolition of existing structures and pavement. All development will be required to comply with standard construction practices as set forth in the SCAQMD Handbook, including best management practices (BMPs) for the control of emissions. BMPs include control of fugitive dust through watering exposed surfaces, covering exposed ground, and sweeping streets. Additional measures involve construction traffic emission control including ensuring all vehicles and equipment are operating efficiently. It is anticipated that standard control measures would reduce potential impacts of air emissions and odors. Page 4.2-13 of the General Plan EIR states: "Implementation of the proposed General Plan Update would result in construction emissions that would contribute substantially to an existing or projected air quality violation." The General Plan EIR evaluated the effects of full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza on air quality and accounted for construction impacts. The General Plan EIR concluded that despite implementation of General Plan Policies NR 8.1 through NR 8.5, which would help to reduce construction -related air quality impacts, the development contemplated in the General Plan would result in a significant and unavoidable air quality impact. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Expose Sensitive Receptors to Substantial Pollutant Concentrations FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-5 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR The General Plan notes that the implementation of General Plan land uses is not expected to expose existing or future sensitive uses within the City to substantial carbon monoxide (CO) concentrations. This impact was determined to be less than significant for all uses in the City. As such, this conclusion would also be applicable to the North Newport Center Project. Create Objectionable Odors Affecting a Substantial Number of People Odors can occur from construction activities related to the operation of construction vehicles and the application of architectural coatings. Odors can also occur from operation of uses such as restaurants, manufacturing facilities, etc. The General Plan EIR notes uses such as restaurants are typically required to have ventilation systems; trash receptacles are required by City and Health Department regulations. The General Plan EIR states that "Consequently, implementation of the proposed General Plan Update would not create objectionable odors affecting a substantial number of people within the City and potential impacts would be less than significant." (See page 4.2-17). No land uses or activities would be permitted in the North Newport Center District that would result in changes in the conclusions set forth in the General Plan EIR. Climate Change The proposed North Newport Center Project serves to implement the principal goals of the 2006 General Plan. These goals and policies include the following:4 • A successful mixed -use district that integrates an economic and commercial center serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian -friendly environment. • Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. • Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. • Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Encourage that new development in Fashion equivalent or higher design quality than existing promenades by encouraging retail expansion visibility to the promenades and provides an experience. 4 Ibid., pages 3-97 to 3-98. Island complement and be of buildings. Reinforce the existing that enhances the storefront enjoyable retail and pedestrian F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-6 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza consistent with the 2006 General Plan will assist the City in achieving its General Plan goals. Regarding long- term air quality impacts, the General Plan EIR states that the nature of Newport Center has the capacity to contribute to decreases in vehicle miles traveled because the project area promotes a mixed -use, pedestrian -friendly district.5 The Project is not expected to result in any climate change impacts due to greenhouse gas emissions beyond the impacts of the development set forth in the General Plan EIR. The General Plan EIR analyzed air quality impacts associated with buildout of future development in the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The analysis included carbon dioxide (COZ) and other greenhouse gas emissions. As discussed above, the Project would not generate any new air quality impacts not already identified in the General Plan EIR. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. With respect to global climate change resulting from greenhouse gas emissions, no "new information of substantial importance" on climate change is now available that was not known and could not have been known when the City approved the General Plan EIR in 2006. For example, in 1979, the National Research Council published "Carbon Dioxide and Climate: A Scientific Assessment," which concluded that climate change was an accelerating phenomenon partly due to human activity. Numerous studies conducted before and after the National Research Council report reached similar conclusions. The State of California adopted legislation in 2002 requiring the California Air Resources Board to develop regulations limiting greenhouse gas emissions from automobiles. Consideration of strategies to control emissions of greenhouse gases which may contribute in some manner to global climate change is under consideration at all regulatory levels; however, there is no one agency responsible for regulating greenhouse gases, and there are no established standards to evaluate the significance of greenhouse gas emissions. However, the most common greenhouse gas emissions are from vehicle emissions (both construction and operational) and operational emissions from energy consumption. These issues have been addressed in General Plan EIR. Analyses prepared for or by California State Agencies on climate change issues do not provide for the provision of specific measures to incorporate into particular projects to reduce greenhouse gas emissions, except for generalized recommendations about such matters as encouraging jobs/housing proximity. The California Energy Commission recently explained that accessibility and mixed use are two factors that reduce vehicles trips, which are a major source of greenhouse gas emissions in California.6 The Project's incremental contribution to any cumulative global climate change impact is mitigated by various characteristics of the Project that serve to render its contribution less than cumulatively considerable. One of the main concerns raised by those concerned about the effect of greenhouse gases on climate change is that "leap frog" -type development would serve to potentially increase the number of vehicle miles traveled and consequently increase those vehicular emissions (i.e., COZ that contribute to greenhouse gases). The Project would allow for City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse No. 2006011119), July 26, 2006, page 4.2-12. s California Energy Commission, The Role of Land Use in Meeting California's Energy and Climate Change Goals, Draft, June 26, 2007, pages 7, 17-19. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-7 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR in -fill, mixed use development in an urbanized setting thereby providing opportunities to reduce vehicle trips. Mitiaation Proaram Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that there are no feasible mitigation measures to reduce the impact of increased population on implementation of the AQMP; to reduce cumulative impacts associated with construction emissions; or to reduce operational activities. These impacts would be significant and unavoidable. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.4 BIOLOGICAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on biological resources if it would result in any of the following: • Have a substantial adverse effect, either directly or indirectly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or the CDFG or USFWS • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-8 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan" No Substantial Change from Previous Analysis. Biological resources impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Have a Substantial Adverse Effect, Either Directly or Indirectly Through Habitat Modifications, On Any Species Identified as a Candidate, Sensitive, or Special Status Species in Local or Regional Plans, Policies, or the CDFG or USFWS Have a Substantial Adverse Effect on Any Riparian Habitat or Other Sensitive Natural Community Identified in Local or Regional Plans, Policies, Regulations or By the CDFG or USFWS Have a Substantial Adverse Effect on Federally Protected Wetlands as Defined By Section 404 Of The Clean Water Act (Including, But Not Limited To, Marsh, Vernal Pool, Coastal, Etc.) Through Direct Removal, Filling, Hydrological Interruption, or Other Means Interfere Substantially With the Movement of Any Native Resident or Migratory Fish or Wildlife Species or With Established Native Resident or Migratory Wildlife Corridors, or Impede the Use of Native Wildlife Nursery Sites Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such As a Tree Preservation Policy or Ordinance Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located within Newport Center, a built urban environment. Landscaped areas within Fashion Island, Block 500, Block 600, and San Joaquin Plaza include non-native landscape materials including turf, trees, and plants. No wetlands or riparian habitat community exist in the sub -areas. The project would not have a substantial adverse effect on any species identified by the California Department of Fish and Game and the U.S. Fish and Wildlife Service as a species for concern because the site has been developed for the past 40 years and contains no habitat suitable for wildlife. Landscaping may be removed as a result of future development. The General Plan EIR notes that development could result in the removal of mature trees that may be used as perching and nesting sites for migratory birds and raptors. The General Plan EIR identifies mitigation associated with this potential impact and states "With compliance with these policies, impacts would be less than significant...." The County of Orange Natural Community Conservation Plan (NCCP) and the Habitat Conservation Plan (HCP) surveyed and mapped habitat vegetation and species throughout the County, including the four sub -areas. No candidate, sensitive or special status species were F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-9 Environmf Addendum to Citv of Newport Beach General Plan 2006 Update EIR identified in the vicinity of the site.' Additionally, North Newport Center is identified as having no conservation value and is not included in the NCCP or HCP. The General Plan EIR analyzes the potential biological effects associated with buildout of the 2006 General Plan, including Fashion Island, Block 500, Block 600, and San Joaquin Plaza. These sites would be required to comply with applicable 2006 General Plan policies regarding biological resources. Pages 4.3-22, 4.3-24, and 4.3-27 of the Biological Resources Analysis in the General Plan EIR address development in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Page 4.3-27 identifies that that the 2006 General Plan policies ensure that build -out consistent with the General Plan would not impact native, resident, or migratory wildlife species or corridors. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that compliance with existing federal, State, and local regulations would mitigate biological resources impacts to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.5 CULTURAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on cultural resources if it would result in any of the following: • Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 • Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 • Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature • Disturb any human remains, including those interred outside of formal cemeteries" 7 U.S. Department of Interior Fish and Wildlife Service, Natural Community Conservation Plan, Habitat Conservation Plan, EIR, and EIS -County of Orange Central and Coastal Subregion, May 1996. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-10 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR No Substantial Change from Previous Analysis. Cultural resources impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Cause a Substantial Adverse Change in the Significance of a Historical Resource as Defined In Section 15064.5 The four sub -areas of the North Newport Center PC District are not identified as a historic area or an area containing historical resources by the City of Newport Beach General Plan. The Project would not result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance. As such, no historic resources would be impacted by the Project. Cause a Substantial Adverse Change in the Significance of an Archaeological Resource Pursuant To Section 15064.5 Disturb Any Human Remains, Including Those Interred Outside of Formal Cemeteries The General Plan EIR notes that ground -disturbing activities can damage or destroy archaeological and/or Native American cultural resources. The 2006 General Plan contains policies to ensure the protection of such resources. The General Plan EIR states that "...implementation of the proposed General Plan Update policies would ensure that impacts to archaeological and Native American cultural resources would be less than significant...." (See page 4.4-16) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Directly or Indirectly Destroy a Unique Paleontological Resource or Site or Unique Geologic Feature Paleontological resources may be present in fossil -bearing soils and rock formations below the ground surface. Ground -disturbing activities in these soils and formations have the potential to damage or destroy these resources. The General Plan EIR states that compliance with General Plan policies "...would reduce this impact to a less -than -significant level by ensuring that paleontological resources would be subject to scientific recovery and evaluation..." (See page 4.4-17) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-11 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to archaeological and paleontological resources, and human remains could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.6 GEOLOGY. SOILS. AND MINERAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed General Plan Update would result in a significant impact if the project would: • Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving - Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault - Strong seismic ground shaking - Seismic -related ground failure, including liquefaction - Landslides • Result in substantial soil erosion or the loss of top soil • Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse • Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property • Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State • Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan" No Substantial Change from Previous Analysis. Geology, soils, and mineral resources impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-12 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Summary Analvsis Expose People or Structures to Potential Substantial Adverse Effects, Including the Risk of Loss, Injury, or Death Involving the Rupture of a Known Earthquake Fault, Strong Ground Shaking, Seismic -Related Ground Failure, or Landslides The General Plan EIR notes that there are no Alquist-Priolo zones in the City; no impact would result. Policies are provided in the 2006 General Plan to ensure that adverse effects caused by seismic and geologic hazards are minimized. Moderate to large earthquakes would cause ground shaking in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Compliance with regulations and policies of the General Plan EIR would "...ensure that impacts related to strong seismic ground shaking remain at a less -than - significant level." With respect to seismic -related ground failure, none of Newport Center is in an identified liquefaction area. Result In Substantial Soil Erosion or the Loss of Top Soil With respect to top soil, the General Plan EIR notes that most of the City is built out and top soil is not an issue. With respect to soil erosion, shoreline areas and coastal bluffs are highly susceptible to erosion from wave action and stream erosion. The four sub -areas are not located near the coast or bluff areas. All demolition and construction activities are required to comply with the California Building Code and other regional and local regulations (e.g., State Water Resources Control Board provisions) that require the implementation of measures to reduce soil erosion. The General Plan EIR identifies that potential impacts would be mitigated to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Be Located on Expansive Soil, as Defined In Table 18 1 B of the Uniform Building Code (1994), Creating Substantial Risks to Life or Property The General Plan EIR considered buildout of the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza in its geology analysis. Page 4.5-13 of the General Plan EIR discusses the General Plan Update's concentration of development in areas including Fashion Island, Block 500, Block 600, and San Joaquin Plaza, and notes that the impact is considered less than significant. All four sub -areas have been subject to development which has required the analysis of soil conditions. With respect to soil characteristics, the certified Final EIR for the Island Hotel (formerly Four Seasons), dated October 21, 1983, discussed geology and soils in Newport Center. The Final EIR states that Newport Center is: ...part of an uplifted marine terrace of Pleistocene age. The marine terrace soils are composed essentially of weakly cemented to loose sands and silty sands which in parts of Newport Center reach a depth of as much as 50 feet. The upper one to two feet of this material have weathered to form a moderately expansive, clayey soil. The Pleistocene sediments are underlain by clay shales, clay siltstones, and sandstones of Miocene age, Monterey Formation. Because policies of the General Plan require that development not be located on unstable soils or geologic units, the General Plan EIR found that the potential impact was less than significant. The Uniform Building Code and California Building Code include regulations governing FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-13 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR seismically resistant construction and construction to protect people and property from construction and building hazards. Result in the Loss of Availability of a Known Mineral Resource That Would Be Of Value to the Region and the Residents of the State Result in the Loss of Availability of a Locally Important Mineral Resource Recovery Site Delineated on a Local General Plan, Specific Plan, or Other Land Use Plan The General Plan EIR notes that implementation of the 2006 General Plan would not result in the loss of availability of known mineral resources of value to the region or the State. No impacts would occur. Mitiaation Proaram Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to geology and soils could be mitigated to a level considered less than significant. No mineral resources were identified. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.7 HAZARDS AND HAZARDOUS MATERIALS The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact to the public or the environment through hazards and hazardous materials if it would result in any of the following: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment • Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-14 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR • Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5, and as a result, would create a significant hazard to the public or the environment • For a project located within an airport land use plan, or where such a plan has not been developed, within two miles of a public airport or public use airport, result in a safety hazard for people residing or working in the project area • Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan • Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands" No Substantial Change from Previous Analysis. Hazards and hazardous material -related impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Create a Significant Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials, Substances, or Waste within One -Quarter Mile of an Existing or Proposed School Be Located on a Site Which Is Included On A List Of Hazardous Materials Site Compiled Pursuant To Government Code Section 65962.5, and as a Result, Would Create a Significant Hazard To The Public Or The Environment Impair Implementation Of or Physically Interfere With an Adopted Emergency Response Plan or Emergency Evacuation Plan The General Plan EIR acknowledges that implementation of the 2006 General Plan land uses would result in an increase in commercial development that could increase the routine transport, use, storage, and disposal of hazardous materials. The General Plan also notes that construction activities can result in the exposure of hazardous materials (e.g., lead -based paint and asbestos). The City contains sites that have been identified as being contaminated by the release of hazardous substances into the soil; sites containing leaking underground storage tanks; and large and small generators of hazardous materials. The General Plan EIR notes that projects are required to comply with existing regulations and General Plan policies to protect construction workers and the public. Potential impacts were determined to be less than significant. Future development in North Newport Center could require the demolition of structures. Demolition and construction activities on the four sub -areas would also be subject to compliance with these regulations and policies. The Island Hotel (formerly Four Seasons) in Block 600 is listed as having a leaking underground storage tank (LUST).$ A remediation plan has been submitted to the Orange County Local Ibid., Table 4.6-5. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-15 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Oversight Program (Local Lead Agency) and to the Santa Ana Regional Water Quality Control Board. The conclusion of this effort is pending. The contaminant identified is diesel fuel. None of the leaks that have been reported in the City have impacted a drinking source of groundwater. As with all development in the City, the Project must comply with existing regulations and General Plan policies regarding hazardous materials. General Plan Policy S 7.3 educates residents and businesses about reducing or eliminating their use of hazardous materials. Policy S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes clearly identify the materials and comply with applicable law. The General Plan EIR notes that increased population and development could result in congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and ensures that emergency service personnel are knowledgeable of the relevant response plans for the City. Such information is also distributed through the community. General Plan policies for handling emergencies would reduce hazardous materials impacts due to growth to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Expose People or Structures to a Significant Risk of Loss, Injury or Death Involving Wildland Fires, Including Where Wildlands Are Adjacent To Urbanized Areas or Where Residences Are Intermixed With Wildlands North Newport Center is not susceptible to wildland fires; the four sub -areas are completely surrounded by existing urban development. For a Project Located Within an Airport Land Use Plan, or Where Such a Plan has Not Been Developed, Within Two Miles Of a Public Airport Or Public Use Airport, Result In a Safety Hazard For People Residing Or Working In The Project Area The four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public hearings before the City's Planning Commission and City Council. Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction or alteration to any building more than 200 feet above ground level. Prior to construction or alteration of a building more than 200 feet above ground level a Determination of No Hazard must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any structure above 200 feet will be forwarded to the FAA for their independent analysis. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following conditions are included in the North Newport Center PC Text relating the adherence to the AELUP and FAA restrictions: FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-16 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of a project, the project must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the Fashion Island/Block 500/Block 600/San Joaquin Plaza Planned Community area should penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. Level of Sianificance After Mitiaation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to hazards and hazardous materials relevant to the Project could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.8 HYDROLOGY AND WATER QUALITY The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact on hydrology and water quality, as well as the City's storm drain system, if it would result in any of the following: • Violate any water quality standards or waste discharge requirements • Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site • Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff • Require or result in the construction and/or expansion of new storm drain infrastructure that would cause significant environmental effects FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-17 Environma Addendum to Citv of Newport Beach General Plan 2006 EIR • Otherwise substantially degrade water quality • Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or flood Insurance Rate Map or other flood hazard delineation map • Place within a 100-year flood hazard area structures which would impede or redirect flows • Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of a levee or dam • Expose people or structures to significant risk or loss, injury or death involving inundation by seiche, tsunami, or mudflow" No Substantial Change from Previous Analysis. Hydrology and water quality impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Violate Any Water Quality Standards or Waste Discharge Requirements Create or Contribute Runoff Water Which Would Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of Polluted Runoff Otherwise Substantially Degrade Water Quality The General Plan EIR notes that the implementation of development set forth in the 2006 General Plan could result in an increase in pollutants in storm water and wastewater. However, water quality standards and waste discharge requirements would not be violated with compliance with regulations including but not limited to the State Water Resources Control Board Construction General Permit and preparation and implementation of Stormwater Pollution Prevention Plans required for compliance with the NPDES General Construction Stormwater Activity Permit. Permit and regulation compliance would be required for future development projects within Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The City of Newport Beach Municipal Code ensures compliance with federal water quality standards. The Municipal Code also regulates grading, fill, drainage, and erosion control. All construction and development must comply with applicable federal, State, and City laws. Also, General Plan Update policies "would reduce the risk of water degradation from the operation of new developments to the maximum extent practicable."9 The impact of development under the General Plan Update would be less than significant. As identified in the General Plan EIR, Policy NR 3.16 Street Drainage Systems states "Require all street drainage systems and other physical improvements created by the City, or developers of new subdivisions, to be designed, constructed, and maintained to minimize adverse impacts on water quality. Investigate the possibility of treating or diverting street drainage to minimize 9 Ibid., page 4.7-32. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-18 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR impacts to water bodies."10 General Plan Policy LU 2.8, Adequate Infrastructure, states "Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on)." The General Plan EIR concludes that impacts are less than significant. General Plan Update Policies "would ensure that new development can be adequately supported by utilities such as storm drainage infrastructure.02 Impacts are less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Substantially Deplete Groundwater Supplies or Interfere Substantially With Groundwater Recharge Such That There Would Be A Net Deficit in Aquifer Volume or a Lowering of the Local Groundwater Table The General Plan EIR notes that implementation of the General Plan could create additional impervious surfaces which could interfere with groundwater recharge. The General Plan EIR goes on to note that, however, intensification of development would not affect groundwater recharge. As the four sub -areas are currently developed, there would be no substantive change in the amount of impervious surfaces. The EIR finds that "new development would not substantially affect groundwater recharge. Potential impacts to groundwater recharge would be less than significant." 13 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Require or Result In the Construction and/or Expansion of New Storm Drain Infrastructure That Would Cause Significant Environmental Effects On a citywide basis, the General Plan EIR notes that buildout may require the expansion of storm drains or the construction of new storm drain infrastructure. The existing site drainage has been designed to handle run off from existing structures on the four sub -areas. As future site - specific development is proposed, drainage plans will be developed. The General Plan EIR contains policies that ensure that new development can be adequately supported by utilities such as storm drain infrastructure. The General Plan EIR states "It is not anticipated that this construction of necessary storm drainage upgrades in and of itself would result in impacts separate from the General Plan Update." (See page 4.7-37) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Substantially Alter The Existing Drainage Pattern Of The Site Or Area, Including Through The Alteration of The Course Of A Stream Or River, Or Substantially Increase The Rate Or Amount Of Surface Runoff In A Manner Which Would Result In Flooding On- Or Off -Site Place Housing within a 100-Year Flood Hazard Area as Mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or Other Flood Hazard Delineation Map 10 Ibid., page 4.14-45. 11 Ibid., page 4.14-34. 12 Ibid., page 4.7-36. 13 Ibid., page 4.7-33. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-19 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Place Within a 100-Year Flood Hazard Area Structures Which Would Impede or Redirect Flows Expose People or Structures to A Significant Risk or Loss, Injury or Death Involving Flooding, Including Flooding As A Result Of A Levee or Dam Expose People or Structures to Significant Risk or Loss, Injury or Death Involving Inundation by Seiche, Tsunami, or Mudflow While the General Plan EIR identifies areas of the City that would be vulnerable to flooding and coastal wave systems, the Project is not located in a flood hazard zone14 nor is it proximate to the Pacific Ocean. No impacts are anticipated. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to hydrology and water quality could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.9 LAND USE AND PLANNING The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact on land use and planning if it would result in any of the following: • Intensify development within the Planning Area that creates incompatibilities with adjacent land uses Physically divides an established community • Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect 14 Ibid., Figure 4.7-3 Flood Zones. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-20 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Conflict with any applicable habitat conservation plan or natural community conservation plan" No Substantial Change from Previous Analysis. Land use impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Intensify Development within the Planning Area that Creates Incompatibilities with Adjacent Land Uses Conflict with any Applicable Land Use Plan, Policy, Or Regulation Of An Agency With Jurisdiction Over The Project (Including, But Not Limited To The General Plan, Specific Plan, Local Coastal Program, Or Zoning Ordinance) Adopted For The Purpose Of Avoiding Or Mitigating An Environmental Effect The General Plan EIR notes that buildout of the 2006 General Plan land uses may result in new uses and structures at an increased intensity that creates incompatibilities with adjacent land uses. These incompatibilities can result from factors including differences in scale of development, noise and traffic levels, and hours of operation. Conflicts can also occur where mixed use development occurs. Newport Center/Fashion Island is a location in the City identified for mixed use development. The General Plan EIR describes this area as: Newport Center/Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, hotel, and residential uses in a master planned mixed use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. New land uses in this subarea include additional commercial uses (approximately 430,000 square feet), approximately 600 multi -family residential units [reduced to 450 units in Final Program EIR] and approximately 250 additional hotel rooms. Residential units have existed in this area since the 1970's, and increased through the 1990s. No conflicts of use between the residential and commercial uses have existed previously in this area, as evidenced by the lack of complaints by area residents. Goals and policies contained in the proposed General Plan Update would serve to promote a mixed use, pedestrian -friendly district for this subarea that would continue commercial and residential uses. Policy LU 6.14.5 encourages improved pedestrian connections and streetscape amenities connecting the area's diverse districts. Goals contained in the proposed General Plan Update related to mixed use development (Goal 5.3) specifically articulate that such development should promote compatibility among uses. General Plan Policy LU 5.3.1 calls for the consideration of compatibility issues in project design of mixed use development. Thus, mixed use development under the proposed General Plan Update would be, by design, compatible with adjacent non-residential uses.15 As previously noted in this Addendum, Fashion Island is a regional commercial center with retail uses, restaurants, bars, and theater/nightclubs. Block 500 includes office, administrative, professional, and financial uses. Block 600 includes hotel, office, administrative, professional and financial uses, and accessory uses. San Joaquin Plaza includes business and professional 15 Ibid., page 4.8-11. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-21 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR office uses. In addition to these four sub -areas, Newport Center includes the following sub- areas and land uses: Block Land Use 100 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 200 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 300 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 400 medical -related offices, short-term convalescent and long-term care services, professional offices, retail and other similar uses. 700 regional commercial office and multi -family residential 800 regional commercial office and multi -family residential 900 multi -family housing, visitor serving land uses Land uses outside of Newport Center include single-family and multi -family residences and a golf course in Big Canyon located north of Block 500, Block 600, and San Joaquin Plaza and across San Joaquin Hills Road. Single-family and multi -family residences and general commercial land uses are located east of Newport Center across MacArthur Boulevard. Parks/recreational land uses and single-family residences are located south of Newport Center, across Coast Highway. Open space, single-family residences, visitor -serving commercial and parks/recreational land uses are located west of Newport Center, across Jamboree Road. The General Plan land use designation for Fashion Island is Regional Commercial (CR). Page 3-13 of the 2006 General Plan states that the CR designation "...is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents." The land use designations for Block 500, Block 600, and San Joaquin Plaza are Mixed Use Horizontal 3 (MU-H3) and Open Space (OS). As identified in the 2006 General Plan, "The MU-H3 designation applies to properties located in Newport Center. It provides for the horizontal intermixing of regional commercial office hotel, multi -family residential and ancillary commercial uses."16 Page 3-16 of the 2006 General Plan states that the OS designation "...is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources." As a part of the proposed project, Block 600 would be rezoned from Administrative, Professional, and Financial (APF) and Open Space (OS) to Planned Community (PC). The North Newport Center PC Text would be adopted to incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by the Applicant into a single Planned Community District. The PC Text would reflect the land uses permitted for these sub -areas under the 2006 General Plan. The General Plan EIR states the following with respect to changes in land use for Newport Center and Fashion Island under the General Plan Update: The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional housing units [reduced to 450 in Final 16 City of Newport Beach, General Plan, July 25, 2006, page 3-15. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-22 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Program EIR]... Plan policies encourage improved pedestrian connections and streetscape amenities connecting the area's diverse districts.17 Areas where mixed use development is currently located (e.g., Balboa Peninsula, Mariners' Mile and Newport Center/Fashion Island), would be allowed to develop with more mixed use ... In many locations, the addition of uses similar to existing uses would occur. For instance, additional retail facilities would be permitted in the Fashion Island/Newport Center Area... Where additional development that is the same as or similar to existing development could occur, these uses would be compatible.18 As previously addressed, the four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public hearings before the City's Planning Commission and City Council. As noted, the General Plan EIR does not identify land use incompatibilities for Newport Center, inclusive of the four sub -areas of the Project. The Project is proposed to provide for zoning consistent with the 2006 General Plan land use designations for the four sub -areas. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Physically Divides an Established Community The General Plan EIR notes that the 2006 General Plan allows for "...limited infill development in select subareas within the City ... These types of proposed development would not divide established communities. Impacts would be less than significant." (See 4.8-16) With respect to the Project, future development in the four sub -areas would not require the extension of roadways or other development features through developed areas that could physically divide the established community. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Conflict with Any Applicable Habitat Conservation Plan or Natural Community Conservation Plan As previously addressed, North Newport Center is identified as having no conservation value and is not included in the NCCP or HCP. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. 17 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 3-15. 18 Ibid., page 4.8-9. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-23 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Level of Sianificance After Mitiaation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to land use impacts pertaining to the Project could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.10 NOISE The following thresholds of significance are as set forth in the General Plan EIR. It states "...implementation of the proposed project may have a significant adverse noise impact if it would result in any of the following: • Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies • Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels • A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project • A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project • For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, exposure of people residing or working in the project area to excessive noise levels" No Substantial Change from Previous Analysis. Noise impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-24 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Summary Analvsis Exposure of Persons to or Generation of Noise Levels In Excess Of Standards Established In the Local General Plan or Noise Ordinance, or Applicable Standards of Other Agencies A Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without The Project The General Plan EIR identifies that locations throughout the City would experience changes in noise levels as a result of increased motor vehicles and development. Where existing land uses would be exposed to noise levels exceeding the City's noise standards as a result of future growth, the General Plan EIR identifies this as a significant impact. (See 4.9-22) Figure 4.9-5 of the General Plan EIR identifies that the four sub -areas would be located within 60 CNEL to 65 CNEL future noise contours. These noise contours do not account for any intervening structures or other noise -attenuating features. Additionally, measures for noise attenuation where needed to comply with the City's noise standards are available and include the use of walls, berms, building insulation, double paned windows, etc. Traffic -related noise in the project vicinity has the potential to impact the four sub -areas. The General Plan EIR accounts for noise impacts due to new development under the General Plan Update. The EIR states that new development, "...would result from adoption of the proposed General Plan and regional growth would create noise that would affect new and existing receptors. Most of this noise would be produced by increased traffic on local roads. Many of the proposed General Plan policies, especially those associated with Goal N-2 (Transportation Noise) would reduce this impact."19 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exposure of Persons to or Generation of Excessive Groundborne Vibration or Groundborne Noise Levels The General Plan EIR notes that vibration levels during construction that would exceed 72 vibration decibels (VdB) are considered significant. Such an impact would be specific to a construction site and would be dependent on the types of construction equipment in use and proximity to sensitive receptors and uses. Where construction activities that generate high levels of vibration could not be buffered from sensitive receptors and/or uses by approximately 150 feet, the General Plan EIR identifies that a significant impact would occur. With respect to the four sub -areas, there is a potential for such construction activities to occur under these conditions. As such, consistent with the findings of the General Plan EIR, such an impact would be significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. A Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project Vicinity above Levels Existing Without the Project Potential noise impacts are commonly divided into two groups: temporary and long term. Temporary impacts are usually associated with noise generated by construction activities. 19 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse No. 2006011119), July 26, 2006, page 4.9-42. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-25 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Generally, construction noise represents a short-term impact on ambient noise levels. Noise generated by construction equipment (including trucks, graders, bulldozers, concrete mixers, and portable generators) and construction activities can reach high levels. The greatest construction noise levels are typically generated by heavy construction equipment. The City's Noise Ordinance exempts construction activities from the noise level limits during specific hours of the day. Noise -generating construction activities are permitted during the hours between 7:00 AM and 6:30 PM Monday through Friday, between 8:00 AM to 6:00 PM on Saturdays, and at no time on Sundays or federal holidays. Compliance with the City's Noise Ordinance is considered to result in no significant short-term noise impacts. For A Project Within An Airport Land Use Plan, Or Where Such A Plan Has Not Been Adopted, Within Two Miles Of A Public Airport Or Public Use Airport, Exposure Of People Residing Or Working In The Project Area To Excessive Noise Levels As previously noted, Newport Center, inclusive of the four sub -areas, is located within the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the site is not within the either the AELUP 60 or 65 CNEL Noise Contour, and flight operations would not contribute significantly to the overall existing noise exposure on the site. No significant impacts on persons residing or working in the project area are anticipated as a result of project implementation because land use within the planning area boundaries of the AELUP must conform to noise standards, safety, and height restriction standards. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to noise impacts related to John Wayne Airport and construction activities could be mitigated to a level considered less than significant. Groundborne construction vibrations and long-term exposure to increased noise levels were identified to remain significant and unavoidable. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-26 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR 3.11 POPULATION AND HOUSING The following thresholds of significance are as set forth in the General Plan EIR. It states "...implementation of the proposed project may have a significant adverse impact on population and housing if it would result in any of the following: Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure) • Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere • Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere" No Substantial Change from Previous Analysis. Population and housing impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Induce Substantial Population Growth in Proposing New Homes and Businesses) Extension of Roads or Other Infrastructure) an Area, Either Directly (For Example, By or Indirectly (For Example, Through the The General Plan EIR finds that implementation of the 2006 General Plan would induce substantial growth either directly or indirectly. On a citywide basis, residential development would increase the number of units by 9,549 units (24 percent) over 2002 residential unit counts with a related population increase of 20,912 residents. These increases would exceed the Southern California Association of Governments (SCAG) projections. On a citywide basis, the City's projected population growth was considered significant. On a cumulative basis (countywide), the General Plan EIR noted that "...the proposed project would not result in substantial population growth beyond projections, and would not induce substantial population growth in an area, either directly or indirectly." (See pages 4.10-5 and -6) Buildout of the 2006 General Plan was found to have a less than significant cumulative contribution to growth in the County. (See pages 4.10-6 and -7) The General Plan EIR analysis was based on a project with 600 units in Newport Center. The adopted 2006 General Plan allows for the development of 450 residential units within the MU- H3 designation.20 Of the 450 units, 430 units are proposed for the North Newport PC District. Residential uses are permitted in Block 500, Block 600, and San Joaquin Plaza. The Project does not include a request for site -specific development, including any residential development. As such, the Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. 20 City of Newport Beach, General Plan, July 25, 2006, page 3-97. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-27 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Displace Substantial Numbers of Existing Housing, Necessitating the Construction of Replacement Housing Elsewhere Displace Substantial Numbers of People, Necessitating the Construction of Replacement Housing Elsewhere The General Plan EIR states that the 2006 General Plan would not displace a substantial number of existing homes or residents and that no impact would occur. Development on the four sub -areas would not require the displacement of any existing homes or residents. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program No policies were identified in the 2006 General Plan to reduce the substantial increase in growth in the City. Measures were adopted as a mitigation program that minimized impacts associated with resource impacts with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to population and housing would remain significant and unavoidable. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.12 PUBLIC SERVICES The following thresholds of significance are as set forth in the General Plan EIR. It identifies that implementation of the proposed General Plan Update may have a significant adverse impact on public services if it would result in any of the following: • Result in substantial adverse environmental impacts associated with the provision of new or physically altered fire or police protection facilities, or schools or libraries; the need for new or physically altered fire or police protection facilities, or schools or libraries; the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, and other performance objectives No Substantial Change from Previous Analysis. Public service impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-28 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Summary Analysis Result in Substantial Adverse Environmental Impacts Associated with the Provision of New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; the Need For New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; The Construction of Which Could Cause Significant Environmental Impacts, in Order to Maintain Acceptable Service Ratios, Response Times, And Other Performance Objectives Fire Protection Fire stations are located throughout the City to provide prompt assistance to area residents. Each fire station operates within a specific district that comprises the immediate geographical area around the station. As identified on page 4.11-3 of the General Plan EIR, Station 3 serves Newport Center. Station 3 has the following equipment and manpower: one Fire Chief; one fire engine with one Captain, one Engineer, and one Firefighter; one ladder truck with one Captain, one Engineer, and one Firefighter; and one paramedic van with two Firefighter Paramedics. The General Plan EIR states that in 2004, "eight fire stations serving the City of Newport Beach responded to a total of 8,863 incidents, which results in an average of about 1,107 incidents per station... These numbers are well within the number of calls recommended by the Insurance Service Office (ISO) when rating a community for fire insurance rates. Specifically, the ISO recommends that a second company be put in service in a fire station if that station receives more than 2,500 calls per year." The General Plan EIR identifies that implementation of the 2006 General Plan could increase the demand for fire protection services which could result in the need for additional fire facilities. Policies of the General Plan require that adequate infrastructure be provided with new development. As such, the General Plan EIR found that compliance with applicable regulations and policies of the 2006 General Plan would ensure that project -specific and cumulative impacts would be less than significant. All new development that would occur under the 2006 General Plan would be required to comply with all applicable federal, State, and local regulations governing the provision of fire protection services, including adequate fire access, fire flows, and number of hydrants. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Police Protection The General Plan EIR identifies that implementation of the 2006 General Plan could increase the demand for police protection services which could result in the need for additional police facilities. The General Plan EIR states that, "The NBPD provides local police services to the City of Newport Beach. Centrally located at 870 Santa Barbara Drive, the NBPD provides services in crime prevention and investigation, community awareness programs, and other services such as traffic control ."21 The EIR also states that the City of Newport Beach currently maintains an acceptable level of service and there are currently no immediate or near -future plans for expansion of police facilities, staff, or equipment inventory. Impacts to police services as a result of General Plan build -out would be less than significant because the "General Plan Update contains policies to ensure that adequate law enforcement is provided as the City experiences future development. For example, Policy LU 2.8 ensures that only land uses that can be adequately supported by the City's Public Services should be accommodated. Compliance with 21 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 4.11-13. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-29 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR this policy would ensure that adequate service ratios are maintained."22 Therefore, adequate service ratios are currently being provided and would be maintained as a result of General Plan policies. As such, the General Plan EIR found that compliance with applicable regulations and policies of the 2006 General Plan would ensure that project -specific and cumulative impacts would be less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Schools The Newport -Mesa Unified School District (NMUSD) provides educational services to the City of Newport Beach. The General Plan EIR identifies that the School District serves the majority of the City and has 32 public schools including 22 elementary schools, 2 junior high schools, 5 high schools, 2 alternative education centers, and 1 adult school. There are also several private schools in the City or local area that are available to the City's residents for educational services. According to NMUSD administrators, current school capacity is adequate. NMUSD does not currently identify any projected needs. The General Plan EIR states: In the City, implementation of the proposed General Plan Update would result in the construction of approximately 14,215 dwelling units over existing conditions within the City. The increase in dwelling units would increase enrollment in the local schools serving Newport Beach. Using California Department of Finance population projections, and assuming that approximately 20 percent of the potential increase in population would represent children attending grades K through 12, implementation of the proposed General Plan Update would result in an enrollment increase of approximately 6,230 students (3,115 elementary school students, 1,557 students for middle schools, and 1,558 high school students).23 The General Plan EIR identifies that implementation of the 2006 General Plan would likely result in the construction of new school facilities for NMUSD; these impacts would be less than significant on a project and cumulative basis.24 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Library Facilities The Newport Beach Public Library provides library services and resources to the City of Newport Beach. The Central Library, which occupies four acres on Avocado Avenue near Newport Center, is a 15,305 square foot building that serves as a school library as well as a public library. As stated in the General Plan EIR, Upon full build -out of the proposed General Plan Update, the population in the Planning Area would increase by 31,131. This increase in residents would increase the demand for library services and facilities. Policy LU 2.8 of the proposed General Plan Update would help ensure that adequate library facilities 22 Ibid., page 4.11-16. 23 Ibid., page 4.11-23. 24 Ibid., page 4.11-24. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-30 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR are provided to the City's residents and that public services can adequately support new development... Due to the growing need for electronic resources, former service standards (e.g., a certain number of volumes per thousand residents) are no longer appropriate when assessing the needs of the NBPL. Therefore, increased development in the City does not necessarily immediately equate to an increase in total volumes or square feet of library space.25 The General Plan EIR identifies that the increase in population associated with the 2006 General Plan, inclusive of uses in Fashion Island, Block 500, Block 600, and San Joaquin Plaza, would not result in a significant impact to library services. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to public services would be less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.13 RECREATION AND OPEN SPACE The following thresholds of significance are as set forth in the General Plan EIR. It states that"... implementation of the proposed project may have a significant adverse impact on parks and recreational facilities if it would result in any of the following: • Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated • Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment • Result in substantial adverse physical impacts associated with the provision of new or physically altered government services, need for new or physically altered government facilities, the construction of which could cause significant 25 Ibid., page 4.11-28. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-31 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR environmental impacts, in order to maintain acceptable service ratios or other performance objectives for parks No Substantial Change from Previous Analysis. Park and recreational facility impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Increase the Use of Existing Neighborhood and Regional Parks or Other Recreational Facilities Such That Substantial Physical Deterioration of the Facility Would Occur or Be Accelerated Include Recreational Facilities or Require the Construction or Expansion of Recreational Facilities That Might Have an Adverse Physical Effect on the Environment Result in Substantial Adverse Physical Impacts Associated With the Provision of New or Physically Altered Government Services, Need for New or Physically Altered Government Facilities, the Construction of Which Could Cause Significant Environmental Impacts, in Order to Maintain Acceptable Service Ratios or Other Performance Objectives for Parks The General Plan EIR identifies that the City has a deficiency of approximately 38.8 acres of park acreage, with 7 of 12 service areas experiencing a deficit of recreational acreage. Newport Center is in Service Area 9 and has 19 acres of existing parks, an excess of 8.1 acres of parks over the City standard of 5 acres per 1,000 persons. Page 4.12-3 of the General Plan EIR identifies that a planned park in Newport Center "would help alleviate the citywide park deficit" although Newport Center has a park surplus. The Back Bay View Park was completed in 2005, and a new passive park, Newport Center Park, is planned for development. The General Plan EIR states that "the construction and enhancement of park and recreational facilities and implementation of the goals and policies proposed in the General Plan would ensure that increased demand and use resulting from an increase in citywide population would not significantly accelerate the deterioration of existing recreational facilities."Z6 The General Plan EIR notes the open space benefits that the Applicant has provided through the Circulation and Improvement and Open Space Agreement (CIOSA). Page 4.12-4 states: Some of the City's parks and open space areas consist of dedicated lands through the Circulation and Improvement and Open Space Agreement (CIOSA). This agreement is between the City of Newport Beach and The Irvine Company, and has allowed building entitlements for The Irvine Company in exchange for payments for circulation projects, an interest free loan, and land for open space and potential senior housing sites for the City. The amount of open space land dedication was substantially more than what would have been required under the City's Park Dedication Ordinance. Six sites have been dedicated under CIOSA in Newport Beach, and include: Back Bay View Park, Newport Center Park (formerly Newport Village), Newporter Knoll, Freeway Reservation, Upper Castaways, and Harbor Cove. Another site, located at Jamboree Road and MacArthur Boulevard, has been offered for 26 Ibid., page 4.12-15. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-32 Environmf Addendum to Citv of Newport Beach General Plan 2006 Update EIR dedication and will be dedicated upon issuance of a Certificate of Occupancy for final CIOSA project. The Applicant did not implement all of the development that was allowed pursuant to CIOSA, and provided more park and open space dedication than required for the development that was completed. Through the Development Agreement, the Project includes cancellation of CIOSA. The demand for park facilities that would have resulted from unbuilt entitlement in CIOSA would not be realized. As with new development projects throughout the City, future development in the four sub -areas would be required to comply with the 2006 General Plan Update policies on open space. Through the Development Agreement, the Project includes the payment of park in -lieu fees for 430 residential units, with half the total amount ($5,600,000) to be paid earlier than required. The General Plan EIR finds that compliance with General Plan Update would result in less than significant impacts to parks and recreational facilities. These policies include the requirement that future development dedicate land or pay in -lieu fees at a minimum of 5 acres of parkland per 1,000 persons, and require the use of funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities (General Plan Update Policies R1.1 and R2.1).27 General Plan Policy R 1.10 includes three planned parks in West Newport, Newport Center, and Newport Coast. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to parks and recreation facilities would be less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.14 TRANSPORTATION/TRAFFIC The following thresholds of significance are as set forth in the General Plan EIR. It states that"... implementation of the proposed project may have a significant adverse impact on transportation or circulation if it would result in any of the following: 27 Ibid., page 4.12-17. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-33 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR • Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) • Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways • Result in a change in air traffic patterns, including either an increase in traffic levels or a change in locations that results in substantial safety risks • Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) • Result in inadequate emergency access • Result in inadequate parking capacity • Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)" No Substantial Change from Previous Analysis. Transportation impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Cause an Increase in Traffic Which is Substantial in Relation to the Existing Traffic Load and Capacity of The Street System (i.e., Result In A Substantial Increase in Either the Number of Vehicle Trips, the Volume to Capacity Ratio on Roads, or Congestion at Intersections) The General Plan EIR identifies that implementation of the 2006 General Plan could result in a substantial increase in the number of vehicle trips, volume to capacity on roadways, and congestion at intersections when compared to existing conditions in the City. Deficiencies could also occur at freeway segments and ramps. Volume 1A of the General Plan Final EIR identifies that the traffic study accounts for use of currently unused development entitlements. On page 4.13-1 of the General Plan EIR, the traffic analysis assumes buildout of the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza, consistent with the 2006 General Plan. However, improvements are identified in the General Plan Circulation Element to mitigate citywide impacts to a level that is considered less than significant. However, the City's roadway system must also accommodate regional cumulative vehicular traffic. With improvements identified in the Circulation Element, cumulative impacts to intersection operations can be mitigated to a less than significant level. However, the City's contribution to cumulative impacts associated with freeway segments and ramps would remain significant and unavoidable. The Project is not expected to be completed within 60 months of approval, and it includes a circulation improvement plan, explained in detail in the Development Agreement. The Project therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-34 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent with the 2006 General Plan Circulation Element) is part of the Project. The following provides a summary of the North Newport Center Traffic Phasing Ordinance Study prepared by Austin -Foust Associates, Inc. in November 2007. The study is included in its entirety as Appendix A. The Traffic Phasing Ordinance (TPO) traffic study included the analysis of 40 intersections in the City including 5 intersections on Newport Center Drive using the City's required TPO procedure. This procedure includes both a one percent test and, where necessary, an intersection capacity utilization (ICU) analysis. Consistent with the City's TPO analysis guidelines, the Project is analyzed under short-range conditions (existing volumes plus a regional growth factor and approved projects) without and with cumulative projects (i.e., projects reasonably expected to be complete within one year after project completion which are located within the City of Newport Beach or its Sphere of Influence). Trip Generation Distribution and Analysis. The applicable trip rates and incremental trip generation for the Project is presented in Table 2. The increase in traffic includes a credit for the removal of existing uses. The Project is forecast to generate a net increase over existing of 348 trips in the AM peak hour, 311 trips in the PM peak hour, and 2,399 daily trips. TABLE 2 TRIP GENERATION SUMMARY Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total TRIP RATES (ITE) Residential DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Quality Restaurant TSF 0.66 0.15 0.81 5.02 2.47 7.49 89.95 Shopping Center TSF 0.19 0.12 0.31 0.77 0.84 1.61 16.79 Office (Regression Eq)a TSF 0.95 0.13 1.08 0.19 0.93 1.12 7.07 Health Club TSF 0.51 0.70 1.21 2.07 1.98 4.05 32.93 TRIP GENERATION Existing Uses to be Removed Block 600 Quality Restaurant 16.4 TSF 11 2 13 83 41 123 1,479 Office 8.3 TSF 8 1 9 2 8 10 59 Health Club 17.3 TSF 9 12 21 36 34 70 570 Total Credit -28 -15 -43 -121 -83 -203 -2,108 Proposed Uses Block 500 Office 205.2 TSF 195 27 222 39 191 230 1,451 Block 600 Residential 430 DU 26 120 146 103 60 163 1,797 Fashion Island Shopping Center 75.0 TSF 14 9 23 58 63 121 1,259 Total Proposed Trips 235 156 391 200 314 514 4,507 NET INCREASE 207 141 348 79 231 311 2,399 Trip rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rates based on the square footage increment (206 TSF). F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-35 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Source: Austin -Foust Associates, Inc. 2007 For trip distribution, an internal capture rate of 10 percent was used for residential and retail uses. This rate was determined based on ITE's recommended procedure and is consistent with the City's General Plan EIR traffic study, which used a 10 percent capture rate for mixed use areas. For the office space, a five percent internal capture rate was used. A separate trip assignment was prepared for each of the three separate uses (retail/shopping center, residential, and office) in the Project. These assignments, shown by individual uses in Figures A-1 through A-3 in Appendix A, are as follows: 1. North on MacArthur Boulevard 20-40 percent 2. North on Jamboree Road 15-30 percent 3. West on Coast Highway 15-30 percent 4. East on Coast Highway 10 percent One Percent Analysis. The results of the TPO One Percent Analysis are presented in Table 3. This analysis identifies the intersections where the Project adds one percent or more to the background peak hour volume, in which case a more vigorous capacity analysis is performed. Opening year for the Project is assumed to be 2009; therefore, the project year for this analysis is 2010. Table 3 identifies that 39 traffic study area intersections have increases of one percent or greater of existing -plus -approved or existing -plus -approved -plus -cumulative volumes during the AM or PM peak hour. As a result, further analysis is required and a peak hour ICU analysis was conducted for the 39 locations. TABLE 3 ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 1. MacArthur & Campus 8 20 0 0 No No 2. MacArthur & Birch 8 20 20 0 No No 3. MacArthur & Von Karman 8 20 0 0 No No 4. Jamboree & Campus 8 20 0 0 Yes Yes 5. Jamboree & Birch 8 20 0 0 Yes Yes 6. MacArthur & Jamboree 8 20 8 20 No No 7. Bayview & Bristol South (EB) 0 0 32 0 No No 8. Jamboree & Bristol North (WB) 29 20 0 0 No No 9. Jamboree & Bristol South (EB) 26 20 31 0 No No 10. Jamboree & Bayview 30 52 0 0 No No 11. Jamboree & Eastbluff/University 35 52 0 0 No No 12. Jamboree & Bison 42 53 0 1 No No 13. Jamboree & Eastbluff/Ford 42 54 0 0 No No 14. Jamboree & San Joaquin Hills 0 54 0 42 No No 15. Jamboree & Santa Barbara 1 0 0 17 No No 16. Jamboree & Coast Highway 0 17 30 15 No No 17. MacArthur & Bison 33 61 6 21 No No 18. MacArthur & Ford/Bonita Canyon 39 80 0 0 No No 19. MacArthur & San Joaquin Hills 1 0 1 82 1 40 0 1 No No FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-36 Environmf Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 3 (Continued) ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 20. MacArthur & San Miguel 1 0 11 7 No No 21. MacArthur & Coast Highway 0 11 2 19 No No 22. Santa Cruz & San Joaquin Hills 35 0 54 7 No No 23. Santa Rosa & San Joaquin Hills 36 0 49 4 No No 24. San Miguel & San Joaquin Hills 0 9 0 0 No No 25. Avocado & San Miguel 49 8 10 9 No No 26. Balboa/Superior & Coast Highway 0 0 11 18 No No 27. Newport & Coast Highway 0 10 11 18 No No 28. Riverside & Coast Highway 0 0 22 26 No No 29. Tustin & Coast Highway 0 0 22 26 No No 30. Dover/Bayshore & Coast Highway 0 9 22 32 No No 31. Bayside & Coast Highway 0 0 31 32 No No 32. Newport Center & Coast Highway 0 9 29 1 No No 33. Avocado & Coast Highway 0 7 28 18 No No 34. Goldenrod & Coast Highway 0 0 14 19 No No 35. Marguerite & Coast Highway 0 0 14 19 No No 36. Newport Center & Santa Barbara 0 0 2 1 No No 37. Santa Cruz & Newport Center 1 2 0 0 No No 38. Newport Center & Santa Rosa 6 30 0 0 No No 39. Newport Center & San Miguel 3 17 2 0 No No 40. Fashion Island & Newport Center 0 1 0 10 No No Intersection PM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 1. MacArthur & Campus 21 6 0 0 No No 2. MacArthur & Birch 21 6 0 0 No No 3. MacArthur & Von Karman 21 6 0 0 No No 4. Jamboree & Campus 21 6 0 0 Yes Yes 5. Jamboree & Birch 21 6 0 0 No No 6. MacArthur & Jamboree 21 6 21 6 No No 7. Bayview & Bristol South (EB) 0 0 18 0 Yes Yes 8. Jamboree & Bristol North (WB) 58 6 0 0 No No 9. Jamboree & Bristol South (EB) 28 6 15 0 No No 10. Jamboree & Bayview 57 25 0 0 No No 11. Jamboree & Eastbluff/University 59 25 0 2 No No 12. Jamboree & Bison 62 27 0 5 No No 13. Jamboree & Eastbluff/Ford 62 32 0 0 No No 14. Jamboree & San Joaquin Hills 0 32 0 62 No No 15. Jamboree & Santa Barbara 6 0 0 5 Yes Yes 16. Jamboree & Coast Highway 0 5 13 31 No No 17. MacArthur & Bison 84 21 3 11 No No 18. MacArthur & Ford/Bonita Canyon 86 28 0 2 No No 19. MacArthur & San Joaquin Hills 0 30 87 0 No No 20. MacArthur & San Miguel 4 0 9 0 Yes Yes FAUSERS\PLN\Shared\PA's\PAs-2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-37 Environmf Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 3 (Continued) ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 21. MacArthur & Coast Highway 0 3 15 2 Yes Yes 22. Santa Cruz & San Joaquin Hills 14 0 32 48 No No 23. Santa Rosa & San Joaquin Hills 59 0 10 14 No No 24. San Miguel & San Joaquin Hills 6 0 0 0 Yes Yes 25. Avocado & San Miguel 10 58 1 0 No No 26. Balboa/Superior & Coast Highway 0 0 8 15 Yes Yes 27. Newport & Coast Highway 0 4 8 15 Yes Yes 28. Riverside & Coast Highway 0 0 13 27 Yes Yes 29. Tustin & Coast Highway 0 0 13 27 No Yes 30. Dover/Bayshore & Coast Highway 0 1 13 37 No Yes 31. Bayside & Coast Highway 0 0 13 37 No No 32. Newport Center & Coast Highway 0 0 7 17 Yes Yes 33. Avocado & Coast Highway 0 48 2 0 No No 34. Goldenrod & Coast Highway 0 0 18 2 Yes Yes 35. Marguerite & Coast Highway 0 0 18 2 No Yes 36. Newport Center & Santa Barbara 0 0 9 9 No No 37. Santa Cruz & Newport Center 9 9 0 0 No No 38. Newport Center & Santa Rosa 26 15 0 0 No No 39. Newport Center & San Miguel 10 0 16 0 No No 40. Fashion Island & Newport Center 1 9 0 0 No No Source: Austin -Foust Associates, Inc., 2007 ICU Analysis. The results of the ICU analysis are presented in Table 4. A significant project impact is defined as an increase of 0.01 or more in the ICU value at an intersection that reaches LOS E or F. Examination of the results shows that the Project would result in a significant impact at three locations under existing -plus -approved -plus -cumulative conditions. These three locations with their respective with -project ICU values are: Intersection AM Project Increment PM Project Increment 19. MacArthur Boulevard and San Joaquin Hills Road 0.73 0.040 0.93 0.027 34. Goldenrod Avenue and Coast Highway 0.91 0.006 0.85 0.005 34. Marguerite Avenue and Coast Highway 1 0.98 1 0.006 1 0.92 1 0.006 In summary, the Project would cause three traffic study area locations to exceed the TPO standard of LOS D. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. The Project would also allow for the transfer of some existing and entitled uses in Block 600 and replace it with office uses in Block 500. As part of the proposed transfer of uses, the Applicant and the City wish to reserve 72,000 sf of the office use for a possible new City Hall in Block 500. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-38 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR The transfer of development rights within Newport Center is allowed in accordance with the City of Newport Beach General Plan Policy LU 6.14.3 provided the transfer will not result in any adverse traffic impacts. A Trip Transfer Study was prepared by Austin -Foust Associates, Inc. in November 2007 to examine the conversion and transfer of the entitled uses into equivalent office uses on the basis of a PM peak hour trip generation equivalency basis. The study is summarized below and included in Appendix A. The transfer would allow for existing uses including a health club, restaurant, and office as well as remaining, but as yet unused entitlement for hotel uses in Block 600, with office use in Block 500. Existing uses in Block 600 equal 42,036 sf of office, restaurant and, health club uses. The unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 could be replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall. The analysis is based upon use of the worst -case PM peak hour trip rates. Rates for the analysis were taken from the ITE 7t" Edition Trip Generation publication. The trips generated by the uses proposed to be eliminated are presented in Table 5. As indicated, the uses included as the basis of the proposed transfer are projected to generate 339 PM peak hour trips. A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of 1.5 trips per 1,000 square feet [TSF]) leaving 231 trips, which can be allocated toward other uses. These 231 PM peak hour trips equate to 206,000± sf of office use based on a trip rate of 1.12 trips/TSF. The Project consists of 205,161 sf of office space in Block 500. Therefore, the total PM peak hour trip generation associated with the converted uses proposed for Block 500 would be 338 trips. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-39 Environma Addendum to City of Newport Beach General Plan 2006 Update EIR TABLE 4 ICU SUMMARY Location Existing Existing + Growth + Approved Existing + Growth + Approved + Project Existing + Growth + Approved + Cumulative Existing + Growth + Approved + Cumulative + Project AM PM AM PM AM PM AM PM AM PM 1. MacArthur & Campus .50 .74 .51 .74 .51 .74 .53 .74 1 .53 .74 2. MacArthur & Birch .62 .75 .64 .77 .64 .77 .67 .79 .67 .79 3. MacArthur & Von Karman .32 .74 .33 .76 .33 .76 .38 .80 .38 .81 5. Jamboree & Birch .56 .64 .58 .67 .58 .67 .60 .70 .60 .71 6. MacArthur & Jamboree .68 .76 .71 .79 .71 .80 .78 .85 .78 .86 7. Bayview & Bristol South (EB) .57 .66 .59 .67 .59 .67 .59 .67 .59 .67 8. Jamboree & Bristol North (WB) .57 .53 .58 .56 .59 .56 .59 .59 .60 .59 9. Jamboree & Bristol South (EB) .66 .67 .68 .70 .68 .71 .70 .74 .70 .75 10. Jamboree & Bayview .36 .51 .38 .54 .39 .54 .40 .56 .41 .57 11. Jamboree & University .57 .59 .60 .63 .61 .63 .64 .69 .64 .69 12. Jamboree & Bison .50 .56 .52 .60 .53 .61 .57 .64 .58 .65 13. Jamboree & Ford .65 .69 .68 .73 .69 .74 .72 .80 .73 .81 14. Jamboree & San Joaquin Hills .57 .58 .60 .63 .61 .64 .64 .67 .65 .68 15. Jamboree & Santa Barbara .49 .70 .51 .73 .52 .73 .55 .77 .56 .77 16. Jamboree & Coast Hwy .66 .69 .69 .74 .69 .75 .77 .89 .77 .89 17. MacArthur & Bison .60 .66 .61 .67 .62 .68 .64 .71 .65 .71 18. MacArthur & Ford/Bonita Cyn .72 .78 .73 .79 .74 .81 .78 .86 .78 .87 19. MacArthur & San Joaquin Hills .65 .82 .67 .85 .69 .87 .71 .90 .73 .93* 20. MacArthur & San Miguel .44 .71 .44 .73 .45 .73 .47 .77 .47 .77 21. MacArthur & Coast Hwy .71 .64 .73 .66 .74 .66 .84 .79 .85 .79 22. Santa Cruz & San Joaquin Hills .29 .28 .29 .28 .31 .29 .29 .28 .32 .30 23. Santa Rosa & San Joaquin Hills .31 .44 .32 .46 .34 .47 .35 .50 .37 .51 24. San Miguel & San Joaquin Hills .38 .61 .38 .62 .38 .62 .40 .65 .40 .65 25. Avocado & San Miguel .48 .76 .48 .77 .51 .78 .48 .78 .52 .79 26. Superior/Balboa & Coast Hwy .70 .72 .73 .79 .73 .79 .75 .86 .75 .86 27. Newport & Coast Hwy .77 .68 .80 .73 .80 .73 .82 .77 .83 .77 28. Riverside & Coast Hwy .73 .79 .79 .84 .79 .85 .82 .88 .82 .89 FAUSERS\PLN\Shared\PXs\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-40 Environmental Analysis Addendum to City of Newport Beach General Plan 2006 Update EIR TABLE 4 (Continued) ICU SUMMARY Existing + Growth + Existing + Growth + Existing + Growth Existing + Growth + Approved + Approved + Existing + Approved Approved + Project Cumulative Cumulative + Project Location AM PM AM PM AM PM AM PM AM PM 29. Tustin & Coast Hwy .73 .59 .79 .63 .80 .63 .82 .69 1 .83 .70 30. Dover & Coast Hwy .67 .74 .70 .79 .71 .79 .73 .84 .74 .85 31. Bayside & Coast Hwy .73 .64 .79 .72 .79 .73 .81 .76 .82 .77 32. Newport Center & Coast Hwy .36 .53 .37 .55 .37 .55 .46 .62 .46 .62 33. Avocado & Coast Hwy .49 .60 .50 .62 .53 .62 .60 .72 .62 .73 34. Goldenrod & Coast Hwy .73 .68 .75 .70 .76 .71 .91 .87 .92* .87 35. Marguerite & Coast Hwy .79 .73 .81 .75 .82 .76 .97 .91 .98 .92* 36. Newport Center & Santa Barbara .14 .23 .14 .23 .14 .23 .14 .23 .14 .23 37. Santa Cruz & Newport Center .12 .21 .12 .21 .12 .22 .12 .21 .12 .22 38. Newport Center & Santa Rosa .15 .25 .15 .25 .16 .24 .16 .26 .16 .26 39. Newport Center & San Miguel .22 .41 .22 .41 .22 .41 .22 .42 .23 .42 40. Fashion Island & Newport Center .22 .43 .22 .43 .22 .43 .22 .43 .22 .43 * Indicates significant project impact Level of service ranges: .00 - .60 A .61 - .70 B .71 - .80 C .81 - .90 D 91 - 1.00 E Above 1.00 F Source: Austin -Foust Associates, Inc. 2007. FAUSERS\PLN\Shared\PXs\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-41 Environmental Analysis Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 5 CONVERTED USES PM PM Use (Entitled in Block 600) Peak Hour Rate Peak Trips Hotel (195 Rooms) — Unbuilt Entitlement 0.70 (ITE 310)a 136 Family Fitness (17,300b sf) — Existing 4.05 (ITE 492)c 70 Palm Gardens (16,447b sf) — Existing 7.49 (ITE 931)d 123 Eliminated Office (6,789b sf) — Existing 1.12 (ITE 710)e 8 Eliminated Office (1,500 sf) — Existing 1.12 (ITE 710)e 2 Total 339 Use (Proposed in Block 500) Office (205,161 sf) 1.12 (ITE 710)e 230 City Hall (72,000 sf) 1.50 (ITE 750)f 108 Total 338 a Hotel (rates applied for each occupied room) b Per building permit information c Health Club (rates per TSF) d Quality Restaurant (rates per TSF) e Trip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rate based on the square footage increment (206 TSF) f Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip generation. Source: Austin -Foust Associates, Inc. 2007 In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips projected to be generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the proposed transfer of development rights would not result in any adverse traffic impacts. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By the County Congestion Management Agency for Designated Roads or Highways The General Plan EIR identifies that all Congestion Management Plan arterials in the City would continue to operate at acceptable levels of service (LOS E or better) with implementation of the 2006 General Plan. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels Or A Change In Locations That Results In Substantial Safety Risks As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction or alteration to any building more than 200 feet above ground level. Prior to construction or alteration of a building more than 200 feet above ground level a Determination of No Hazard FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-42 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any structure above 200 feet will be forwarded to the FAA for their independent analysis. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. As set forth in the General Plan EIR, impacts to John Wayne Airport operations with implementation of the 2006 General Plan are less than significant. Substantially Increase Hazards Due To A Design Feature (e.g., Sharp Curves Or Dangerous Intersections) Or Incompatible Uses (e.g., Farm Equipment) The General Plan EIR notes that site -specific projects are not addressed in the 2006 General Plan. As such, it would speculative to determine if any particular project would be designed in a manner to cause safety hazards. The General Plan EIR does identify that none of the circulation improvements identified in the EIR would introduce safety hazards and would not result in significant impacts. With respect to the four sub -areas, as currently developed areas, it is expected that future development consistent with the 2006 General Plan would use the existing roadway system and as such would not cause safety hazards. Any traffic improvements for the Project are consistent with the assumptions set forth in the General Plan EIR, and as noted above, would not result in significant impacts. . The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result in Inadequate Emergency Access As previously addressed in this Addendum, the General Plan EIR notes that increased population and development could result in congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and ensures that emergency service personnel are knowledgeable of the relevant response plans for the City. Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to emergency access would be less than significant with mitigation. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result In Inadequate Parking Capacity The General Plan EIR does not identify Newport Center as an area of the City with limited parking availability. The North Newport Center Project, as with other projects in the City, would be required to comply with parking requirements identified in the City's Municipal Code. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Conflict with Adopted Policies, Plans, Or Programs Supporting Alternative Transportation (e.g., Bus Turnouts, Bicycle Racks) The 2006 General Plan Circulation Element includes policies related to transportation systems management, transportation demand management, etc. These policies encourage alternative modes of transportation. The General Plan EIR notes that implementation of the 2006 General Plan will not result in significant impacts. The Project is in conformance with the assumptions F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-43 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following mitigation would also be required for the Project: At MacArthur Boulevard and San Joaquin Hills Road, the Applicant shall construct a third eastbound left -turn lane. The intersection would operate at LOS D with the recommended improvement. This improvement is consistent with the General Plan. Consistent with the TPO, this improvement will be completed early in the development phasing (i.e., before issuance of a certificate of occupancy for the first building [other than a parking structure]) constructed as part of the Project, but in no event later than 60 months from the operative date of the Development Agreement. 2. The Applicant shall work with the City on design and development of circulation enhancements in the North Newport Center area, consistent with the General Plan Circulation Element, including widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of public right-of-way and enhancement of San Miguel Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic signals on Newport Center Drive. Level of Significance After Mitigation At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite Avenue at Coast Highway), there are no feasible improvements available, a fact which has been recognized and accepted in the 2006 General Plan and General Plan EIR which accepts LOS E at these two intersections. Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to intersections, Congestion Management Plan arterials, air traffic patterns, design hazards, emergency access, and parking would be less than significant with mitigation. No feasible mitigation has been identified in the General Plan EIR to reduce impacts to freeway mainlines and ramps; this impact remains significant and unavoidable. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-44 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR 3.15 UTILITIES AND SERVICE SYSTEMS The following thresholds of significance are as set forth in the General Plan EIR. It identifies that implementation of the proposed General Plan Update may have a significant adverse impact on utilities and service systems if it would result in any of the following: • Require or result in the construction and/or expansion of water supply or wastewater facilities, or new energy or natural gas production or transmission facilities, the construction of which could cause significant environmental impacts • Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed • Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board • Would the project be served by a landfill with insufficient permitted capacity to accommodate the project's solid waste disposal needs • Would the project fail to comply with applicable federal, State, and local statutes and regulations related to solid waste No Substantial Change from Previous Analysis. Utility and service system impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Require or Result in the Construction and/or Expansion of Water Supply or Wastewater Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the Construction of Which Could Cause Significant Environmental Impacts Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements and Resources, or Are New and Expanded Entitlements Needed Water Supply and Treatment The General Plan EIR notes that buildout of the 2006 General Plan could require the construction of new and/or expanded water treatment plants or water conveyance systems, and that water demand may exceed existing water entitlements. Three sources provide water service to the City of Newport Beach: the City, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District (MCWD). Water supplied by the City is purchased from two sources. Groundwater is purchased from the Orange County Water District (OCWD) and imported water is purchased from the Metropolitan Water District of Orange County (MWDOC). The water supply assessment conducted for the General Plan EIR assumed full buildout of the 2006 General Plan land uses, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Page 4.14-20 of the General Plan EIR states: MWDOC, the City's provider of imported water, IRWD, and Mesa have each indicated they can accommodate the additional demand from the proposed General Plan Update in addition to future growth assumed in the respective FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-45 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR UWMPs [Urban Water Management Plans]. In addition, the implementation of conservation measures would be required on a project -specific basis and water shortage contingency plans would further reduce additional water demand. Finally, future development is required to adhere to Section 10910 of the California Water Code. Therefore, the cumulative impact to water supply would be less than significant. In addition to MWDOC, IRWD and Mesa, OCWD projects that there would be sufficient groundwater supplies to meet any future demand requirements in Newport Beach.28 The General Plan EIR concluded that there is sufficient water supply to meet the needs of the City. The General Plan EIR also addressed potential affects of new development on groundwater supplies and concluded that impacts will be less than significant due to conservation policies in the 2006 General Plan. The City's Water Supply Plan accounted for the demand associated with buildout of the 2006 General Plan land uses. The 2006 General Plan includes policies to conserve water and reduce potential impacts to groundwater supply. Citywide, projects inclusive of development in the four sub -areas are required to comply with the City's fair share requirements and with General Plan Update policies on water conservation. Compliance makes impacts less than significant. The General Plan EIR states: "...any request for service resulting from new development would be subject to a site -specific evaluation of the existing water system's capacity to service the development. If improvements to the existing water system are required or additional facilities are needed, the property developer would be required to pay its fair share of the cost of all or portions of the needed improvements."29 General Plan Update goals and policies promote water conservation and limit water consumption. As such, impacts were found to be less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. The General Plan EIR states that Additional development accommodated under the proposed General Plan Update would increase water use within the City, thus increasing the need for water treatment services... [the Metropolitan Water District] MWD can meet 100 percent of the City's imported water needs until the year 2030... any request for service resulting from new development would be subject to a site -specific evaluation of the existing water system's capacity to service the development. If improvements to the existing water system are required or additional facilities are needed, the property developer would be required to pay its fair share of the cost of all or portions of the needed improvements.so Impacts of the proposed project would be less than significant because General Plan Update Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by infrastructure, including water treatment and conveyance facilities. As such, adequate water infrastructure would be provided for all development assumed in the 2006 General Plan, inclusive of the four sub -areas. The General Plan EIR finds that "...because future development under the proposed General Plan Update would be required to adhere to existing regulations and the proposed policies identified above, no impact would result." (See 4.14-30) The Project 28 Ibid., page 4.14-8. 29 Ibid., page 4.14-17. 30 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 4.14-17. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-46 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Natural Gas Southern California Gas Company (SCGC) provides natural gas service for the City of Newport Beach. The General Plan EIR states: Any expansion of service necessitated by implementation of the proposed General Plan Update would be in accordance with SCGC's policies and extension rules on file with the California Public Utilities Commission at the time contractual agreements are made. Because the natural gas demand projected for the proposed General Plan Update would not exceed available or planned supply, new infrastructure would not be required to serve the proposed project. Therefore, no impact would result.31 The Project is expected not to have a significant impact on natural gas supplies because natural gas demand projected for General Plan buildout, inclusive of the four sub -areas, would not exceed available or planned supply and because new infrastructure would not be needed to serve the four sub -areas. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exceed Wastewater Treatment Requirements of the Applicable Regional Water Quality Control Board Require or Result in the Construction and/or Expansion of Water Supply or Wastewater Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the Construction of Which Could Cause Significant Environmental Impacts Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements and Resources, or Are New and Expanded Entitlements Needed Sewer Systems Wastewater from the City's sewer system is treated by the Orange County Sanitation District (OCSD). The General Plan EIR identifies that a majority of the City's sewage flow is pumped to the OCSD Plant No. 2; flows from the portion of the City north of the Corona del Mar Freeway (State Rout 73) are pumped to Plant No. 1. The General Plan EIR states: ...policies under the proposed General Plan Update require the renovation of all older sewer pump stations and the installation of new plumbing according to most recent standards, and implementation of the Sewer System Management Plan and Sewer Master Plan. Implementation of the proposed General Plan Update policies requires adequate wastewater facilities and conveyance systems to be available to the City residents. Therefore, impacts to the wastewater treatment facilities associated with increased growth in the City would be less than significant.32 31 Ibid., page 4.14-50. 32 Ibid., page 4.14-32. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-47 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Impacts from implementation of the 2006 General Plan, inclusive of the Project, are expected to have a less than significant impact to sewer systems because implementation of the Sewer System Management Plan and Sewer Master Plan, in conjunction with General Plan policies relating to sewer systems, would reduce impacts to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Would the Project be Served by a Landfill with Insufficient Permitted Capacity to Accommodate the Project's Solid Waste Disposal Needs Would the Project Fail to Comply With Applicable Federal, State, and Local Statutes and Regulations Related to Solid Waste Solid Waste Disposal As noted in the General Plan EIR, the Frank R. Bowerman Sanitary Landfill serves the City, and states: The increase in solid waste generated by the development under the proposed General Plan Update would not exceed capacity of the landfill. In addition, AB 939 mandates the reduction of solid waste disposal in landfills. Consequently, this analysis assumes a worst -case scenario, as it is anticipated that at least approximately 50 percent of the estimated increase in solid waste generation could be diverted (or approximately 10,830 tons/year). Therefore, the Frank R. Bowerman Sanitary Landfill would have sufficient capacity to serve the increased development within the City under the proposed General Plan Update.ss Citywide buildout under the 2006 General Plan assumptions would not have an impact on solid waste generation or disposal at the Bowerman Landfill. However, on a cumulative basis, the General Plan EIR "without approved specific plans for substantial expansion of the landfill facilities that serve the County, solid waste generation from approved and foreseeable cumulative projects in the project area vicinity would exacerbate regional landfill capacity issues in the future."34 Cumulative impacts are considered significant and unavoidable. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that all utility and service system impacts can be mitigated to a level of less than significant with the exception of cumulative impacts to landfill capacity; this impact remains significant and unavoidable. 33 Ibid., page 4.14-44. 34 Ibid., page 4.14-45. FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-48 Environma Addendum to Citv of Newport Beach General Plan 2006 Update EIR Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 3-49 Environma APPENDIX A TRAFFIC STUDIES FINAL City of Newport Beach NORTH NEWPORT CENTER TRAFFIC PHASING ORDINANCE TRAFFIC STUDY Prepared by: Austin -Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701-3161 (714) 667-0496 November 6, 2007 NORTH NEWPORT CENTER TRAFFIC PHASING ORDINANCE TRAFFIC STUDY A project comprised of 430 residential dwelling units in Block 600, 205,161 square feet (sf) of office space in Block 500, and 75,000 sf of retail shopping center space in Fashion Island is proposed within Newport Center. In addition, a total of 42,036 sf of existing office, restaurant, and health club uses will be removed from Block 600. ANALYSIS A Traffic Phasing Ordinance (TPO) traffic study was conducted for the proposed project. A total of 40 intersections within the City including five intersections on Newport Center Drive (the interior ring road around Fashion Island) were examined using the City's required TPO procedure. This procedure includes both a one percent test and, where necessary, an intersection capacity utilization (ICU) analysis. Consistent with the City's TPO analysis guidelines, the project is analyzed under short-range conditions (existing volumes plus a regional growth factor and approved projects) without and with cumulative projects (i.e., projects reasonably expected to be complete within one year after project completion which are located within the City of Newport Beach or its sphere of influence). Trip Generation Distribution and Analysis The applicable trip rates and incremental trip generation for the proposed project is presented in Table 1. The increase in traffic includes a credit for the proposed removals of existing uses. The proposed project is forecast to generate a net increase over existing of 348 trips in the AM peak hour, 311 trips in the PM peak hour, and 2,399 trips daily. For trip distribution, an internal capture rate of 10 percent was utilized for the residential and retail uses. This rate was determined based on ITE's recommended procedure (see calculations in Appendix) and is consistent with the City's General Plan traffic study, which also utilizes 10 percent for mixed use areas. For the office space, a five percent internal capture rate was utilized. North Newport Center 1 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Table 1 TRIP GENERATION SUMMARY Land Use Amount AM Peak Hour PM Peak Hour ADT In Out I Total In Out Total TRIP RATES (ITE) Residential DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Quality Restaurant TSF 0.66 0.15 0.81 5.02 2.47 7.49 89.95 Shopping Center TSF 0.19 0.12 0.31 0.77 0.84 1.61 16.79 Office (Regression E )* TSF 0.95 0.13 1.08 0.19 0.93 1.12 7.07 Health Club TSF 0.51 0.70 1.21 2.07 1.98 4.05 32.93 TRIP GENERATION Existing Uses to be Removed Block 600 Quality Restaurant 16.4 TSF 11 2 13 83 41 123 1,479 Office 8.3 TSF 8 1 9 2 8 10 59 Health Club 17.3 TSF 9 12 21 36 34 70 570 Total Credit -28 -15 -43 -121 -83 -203 -2,108 Proposed Uses Block 500 Office 205.2 TSF 195 27 222 39 191 230 1,451 Block 600 Residential 430 DU 26 120 146 103 60 163 1,797 Fashion Island Shopping Ctr 75.0 TSF 14 9 23 58 63 121 1,259 Total Proposed Trips 235 156 391 200 314 514 4,507 NET INCREASE 207 141 348 79 231 311 2,399 * Trip rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rates based on the square footage increment (206 TSF). North Newport Center 2 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc A separate trip assignment was prepared for each of the three separate uses (retail/shopping center, residential, and office) in the proposed project. These assignments, shown by individual uses in Figures A-1 through A-3 in the Appendix, are basically as follows: 1. North on MacArthur Boulevard 20-40 percent 2. North on Jamboree Road 15-30 percent 3. West on Coast Highway 15-30 percent 4. East on Coast Highway 10 percent One Percent Analysis The results of the TPO One Percent Analysis are listed in Table 2. This analysis identifies the intersections where the project adds one percent or more to the background peak hour volume, in which case a more vigorous capacity analysis is performed. Opening year for the project is assumed to be 2009; therefore, the project year for this analysis is 2010. Examination of Table 2 reveals that 39 study intersections showed increases of one percent or greater of existing -plus -approved or existing -plus - approved -plus -cumulative volumes during the AM or PM peak hour. As a result, further analysis is required and a peak hour ICU analysis was conducted for the 39 locations. ICU Analysis The results of the ICU analysis are presented in Table 3. A significant project impact is defined as an increase of .01 or more in the ICU value at an intersection that reaches LOS "E" or "F". Examination of the results shows that the project causes a significant impact at three locations under existing -plus -approved -plus -cumulative conditions. These three locations with their respective with - project ICU values are: Intersection AM Project Increment PM Project Increment 19. MacArthur Boulevard and San Joaquin Hills Road .73 .040 .93 .027 34. Goldenrod Avenue and Coast Highway .91 .006 .85 .005 34. Marguerite Avenue and Coast Highway .98 .006 .92 .006 North Newport Center 3 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Table 2 SUMMARY OF ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 1. MacArthur & Campus 8 20 0 0 No No 2. MacArthur & Birch 8 20 20 0 No No 3. MacArthur & Von Karman 8 20 0 0 No No 4. Jamboree & Campus 8 20 0 0 Yes Yes 5. Jamboree & Birch 8 20 0 0 Yes Yes 6. MacArthur & Jamboree 8 20 8 20 No No 7. Bayview & Bristol South (EB) 0 0 32 0 No No 8. Jamboree & Bristol North (WB) 29 20 0 0 No No 9. Jamboree & Bristol South (EB) 26 20 31 0 No No 10. Jamboree & Bayview 30 52 0 0 No No 11. Jamboree & Eastbluff/Universi 35 52 0 0 No No 12. Jamboree & Bison 42 53 0 1 No No 13. Jamboree & Eastbluff/Ford 42 54 0 0 No No 14. Jamboree & San Joaquin Hills 0 54 0 42 No No 15. Jamboree & Santa Barbara 1 0 0 17 No No 16. Jamboree & Coast Highway 0 17 30 15 No No 17. MacArthur & Bison 33 61 6 21 No No 18. MacArthur & Ford/Bonita Canyon 39 80 0 0 No No 19. MacArthur & San Joaquin Hills 0 82 40 0 No No 20. MacArthur & San Miguel 1 0 11 7 No No 21. MacArthur & Coast Highway 0 11 2 19 No No 22. Santa Cruz & San Joaquin Hills 35 0 54 7 No No 23. Santa Rosa & San Joaquin Hills 36 0 49 4 No No 24. San Miguel & San Joaquin Hills 0 9 0 0 No No 25. Avocado & San Miguel 49 8 10 9 No No 26. Balboa/Superior & Coast Highway 0 0 11 18 No No 27. Newport & Coast Highway 0 10 11 18 No No 28. Riverside & Coast Highway 0 0 22 26 No No 29. Tustin & Coast Highway 0 0 22 26 No No 30. Dover/Ba shore & Coast Highway 0 9 22 32 No No 31. Ba side & Coast Highway 0 0 31 32 No No 32. Newport Center & Coast Highway 0 9 29 1 No No 33. Avocado & Coast Highway 0 7 28 18 No No 34. Goldenrod & Coast Highway 0 0 14 19 No No 35. Marguerite & Coast Highway 0 0 14 19 No No 36. Newport Center & Santa Barbara 0 0 2 1 No No 37. Santa Cruz & Newport Center 1 2 0 0 No No 38. Newport Center & Santa Rosa 6 30 0 0 No No 39. Newport Center & San Miguel 3 17 2 0 No No 40. Fashion Island & Newport Center 0 1 0 10 No No Cont. North Newport Center 4 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Table 2 (Cont.) SUMMARY OF ONE PERCENT ANALYSIS Intersection PM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes NB SB EB WB w/o Cumulative w/Cumulative 1. MacArthur & Campus 21 6 0 0 No No 2. MacArthur & Birch 21 6 0 0 No No 3. MacArthur & Von Karman 21 6 0 0 No No 4. Jamboree & Campus 21 6 0 0 Yes Yes 5. Jamboree & Birch 21 6 0 0 No No 6. MacArthur & Jamboree 21 6 21 6 No No 7. Bayview & Bristol South EB 0 0 18 0 Yes Yes 8. Jamboree & Bristol North WB 58 6 0 0 No No 9. Jamboree & Bristol South EB 28 6 15 0 No No 10. Jamboree & Bayview 57 25 0 0 No No 11. Jamboree & Eastbluff/Universi 59 25 0 2 No No 12. Jamboree & Bison 62 27 0 5 No No 13. Jamboree & Eastbluff/Ford 62 32 0 0 No No 14. Jamboree & San Joaquin Hills 0 32 0 62 No No 15. Jamboree & Santa Barbara 6 0 0 5 Yes Yes 16. Jamboree & Coast Highway 0 5 13 31 No No 17. MacArthur & Bison 84 21 3 11 No No 18. MacArthur & Ford/Bonita Canyon 86 28 0 2 No No 19. MacArthur & San Joaquin Hills 0 30 87 0 No No 20. MacArthur & San Miguel 4 0 9 0 Yes Yes 21. MacArthur & Coast Highway 0 3 15 2 Yes Yes 22. Santa Cruz & San Joaquin Hills 14 0 32 48 No No 23. Santa Rosa & San Joaquin Hills 59 0 10 14 No No 24. San Miguel & San Joaquin Hills 6 0 0 0 Yes Yes 25. Avocado & San Miguel 10 58 1 0 No No 26. Balboa/Superior & Coast Highway 0 0 8 15 Yes Yes 27. Newport & Coast Highway 0 4 8 15 Yes Yes 28. Riverside & Coast Highway 0 0 13 27 Yes Yes 29. Tustin & Coast Highway 0 0 13 27 No Yes 30. Dover/Ba shore & Coast Highway 0 1 13 37 No Yes 31. Ba side & Coast Highway 0 0 13 37 No No 32. Newport Center & Coast Highway 0 0 7 17 Yes Yes 33. Avocado & Coast Highway 0 48 2 0 No No 34. Goldenrod & Coast Highway 0 0 18 2 Yes Yes 35. Marguerite & Coast Highway 0 0 18 2 No Yes 36. Newport Center & Santa Barbara 0 0 9 9 No No 37. Santa Cruz & Newport Center 9 9 0 0 No No 38. Newport Center & Santa Rosa 26 15 0 0 No No 39. Newport Center & San Miguel 10 0 16 0 No No 40. Fashion Island & Newport Center 1 9 0 0 No No North Newport Center 5 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Location 1. MacArthur & Campus 2. MacArthur & Birch 3. MacArthur & Von Karman 5. Jamboree & Birch 6. MacArthur & Jamboree 7. Bayview & Bristol South (EB) 8. Jamboree & Bristol North (WB) 9. Jamboree & Bristol South (EB) 10. Jamboree & Bayview 11. Jamboree & University 12. Jamboree & Bison 13. Jamboree & Ford 14. Jamboree & San Joaquin Hills 15. Jamboree & Santa Barbara 16. Jamboree & Coast Hwy 17. MacArthur & Bison 18. MacArthur & Ford/Bonita Cyn 19. MacArthur & San Joaquin Hills 20. MacArthur & San Miguel 21. MacArthur & Coast Hwy 22. Santa Cruz & San Joaquin Hills 23. Santa Rosa & San Joaquin Hills 24. San Miguel & San Joaquin Hills 25. Avocado & San Miguel 26. Superior/Balboa & Coast Hwy 27. Newport & Coast Hwy 28. Riverside & Coast Hwy 29. Tustin & Coast Hwy AM .50 .62 .32 .56 .68 .57 .57 .66 .36 .57 .50 .65 .57 .49 .66 .60 .72 .65 .44 .71 .29 .31 .38 .48 .70 .77 .73 .73 PM .74 .75 .74 .64 .76 .66 .53 .67 .51 .59 .56 .69 .58 .70 .69 .66 .78 .82 .71 .64 .28 .44 .61 .76 .72 .68 .79 .59 Table 3 ICU SUMMARY Existing + Growth + Annroved AM PM .51 .74 .64 .77 .33 .76 .58 .67 .71 .79 .59 .67 .58 .56 .68 .70 .38 .54 .60 .63 .52 .60 .68 .73 .60 .63 .51 .73 .69 .74 .61 .67 .73 .79 .67 .85 .44 .73 .73 .66 .29 .28 .32 .46 .38 .62 .48 .77 .73 .79 .80 .73 .79 .84 .79 .63 Existing + Growth + Annroved + Proiect AM PM .51 .74 .64 .77 .33 .76 .58 .67 .71 .80 .59 .67 .59 .56 .68 .71 .39 .54 .61 .63 .53 .61 .69 .74 .61 .64 .52 .73 .69 .75 .62 .68 .74 .81 .69 .87 .45 .73 .74 .66 .31 .29 .34 .47 .38 .62 .51 .78 .73 .79 .80 .73 .79 .85 .80 .63 Existing + Growth + Approved + Cumulative AM PM .53 .74 .67 .79 .38 .80 .60 .70 .78 .85 .59 .67 .59 .59 .70 .74 .40 .56 .64 .69 .57 .64 .72 .80 .64 .67 .55 .77 .77 .89 .64 .71 .78 .86 .71 .90 .47 .77 .84 .79 .29 .28 .35 .50 .40 .65 .48 .78 .75 .86 .82 .77 .82 .88 .82 .69 Existing + Growth + Approved + Cumulative + Pro'eci AM PM .53 .74 .67 .79 .38 .81 .60 .71 .78 .86 .59 .67 .60 .59 .70 .75 .41 .57 .64 .69 .58 .65 .73 .81 .65 .68 .56 .77 .77 .89 .65 .71 .78 .87 .73 .93 * .47 .77 .85 .79 .32 .30 .37 .51 .40 .65 .52 .79 .75 .86 .83 .77 .82 .89 .83 .70 Cont. North Newport Center 6 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Table 3 (cont) ICU SUMMARY Location AM PM 30. Dover & Coast H .67 .74 31. Ba side & Coast Hwy .73 .64 32. Newport Center & Coast Hwy .36 .53 33. Avocado & Coast H .49 .60 34. Goldenrod & Coast Hwy .73 .68 35. Marguerite & Coast H .79 .73 36. Newport Center & Santa Barbara .14 .23 37. Santa Cruz & Newport Center .12 .21 38. Newport Center & Santa Rosa .15 .25 39. Newport Center & San Miguel .22 .41 40. Fashion Island & Newport Center .22 .43 * Indicates significant project impact Level of service ranges: .00 - .60 A .61 - .70 B .71 - .80 C .81 - .90 D .91 - 1.00 E Above 1.00 F Existing + Growth + Aunroved AM PM .70 .79 .79 .72 .37 .55 .50 .62 .75 .70 .81 .75 .14 .23 .12 .21 .15 .25 .22 .41 .22 .43 Existing + Growth + Aunroved + Proiect AM PM .71 .79 .79 .73 .37 .55 .53 .62 .76 .71 .82 .76 .14 .23 .12 .22 .16 .24 .22 .41 .22 .43 Existing + Growth + Approved + Cumulative AM PM .73 .84 .81 .76 .46 .62 .60 .72 .91 .87 .97 .91 .14 .23 .12 .21 .16 .26 .22 .42 .22 .43 Existing + Growth + Approved + Cumulative + Pro'eci AM PM .74 .85 .82 .77 .46 .62 .62 .73 .92* .87 .98 .92* .14 .23 .12 .22 .16 .26 .23 .42 .22 .43 North Newport Center 7 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc CONCLUSION In summary, it is concluded that the project causes three study locations to exceed the TPO standard of LOS "D". At MacArthur Boulevard and San Joaquin Hills Road, the addition of a third eastbound left -turn lane is recommended as mitigation. The intersection will operate at LOS "D" with the recommended improvement. This improvement is consistent with the General Plan. At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite Avenue at Coast Highway), there are no feasible improvements available, a fact which has been recognized and accepted in the General Plan which accepts LOS "E" at these two intersections. The intersections along Newport Center Drive currently operate at LOS "A" during the AM and PM peak hours. With the addition of project traffic, these intersections will continue to operate at LOS "A" North Newport Center 8 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc APPENDIX A North Newport Center A-1 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Table A-1 APPROVED AND CUMULATIVE PROJECTS SUMMARY Approved Projects Fashion Island Expansion Newport Lexus Tem lebat Yahm Expansion Birch Medical Office Complex Ford Redevelopment Saafar Fine Indian Cuisine CIOSA — Irvine Project St. Mark Presbyterian Church Newport Dunes St. Andrews Presbyterian Church 1401 Dove Street Corporate Plaza West 494/496 Old Newport Boulevard Mariner's Mile Gateway 401 Old Newport Boulevard Land Rover NB Service Center Newport Technology Center OL A Church Expansion 1901 Westcliff Surgical Center 2300 Newport Boulevard Hoag Hospital Phase III Cumulative Projects Mariners Church Newport Ridge Exodus Community Center and Tarbut V'Torah Expansion Hoag Health Center Newport Coast North Newport Center A-2 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpo.doc Cq�A� a S BIRCH ti no scale W 2 SR' 73 BRISTOL pAUFpRN A O� o Q.) m MESA SJHTG m m Li9 Cy 22ND 25% S' 30% z SAN JOAQUIN HILLS — BLOCK 600 BLOCK 500 FASHION 19TH 'ISLAND� /yp0 T GHQ Internal 10% 17TH S� HIGHWAY P o 10% A 25% gA`(S1UE Figure A-1 GENERAL PROJECT DISTRIBUTION RESIDENTIAL Newport Center Development A-3 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpoFigA-l.dwg Cq�A� a S BIRCH ti no scale W 2 SR' 73 BRISTOL pAUFpRN A O� o Q.) m MESA SJHTG m m Li9 Cy FORD �Ty�'�i' 22ND 20% w c� 15% z SAN JOAQUIN — BLOCK 600 HILLS BLOCK 500 1 5% FASHION 19TH 'ISLAND� /yp0 T GHQ Internal 10% 17TH S� HIGHWAY P o G� 10% A 30% gAY51DE Figure A-2 GENERAL PROJECT DISTRIBUTION RETAIL Newport Center Development A-4 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpoFigA-2.dwg Cq�A� a S BIRCH ti no scale W 2 SR' 73 BRISTOL pAUFpRN A O� o Q.) m MESA SJHTG m m Li9 Cy �Ty�'�i' FORD 22ND 40% c� 25% z SAN JOAQUIN HILLS — BLOCK 600 BLOCK 500 5% FASHION 19TH 'ISLAND� /yp0 T GHQ Internal 5% 17TH S� HIGHWAY P o 10% A 15% gAY51DE Figure A-3 GENERAL PROJECT DISTRIBUTION OFFICE Newport Center Development A-5 Austin -Foust Associates, Inc. Traffic Phasing Ordinance Traffic Study 017080tpoFigA-3.dwg 1 % Traffic Volume Analysis Intersection: 1. MacArthur & Campus Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1000 40 16 0 1056 11 8 Southbound 1478 59 25 0 1562 16 20 Eastbound 1323 0 10 0 1333 13 0 Westbound 368 0 2 0 370 4 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1361 54 30 0 1445 14 21 Southbound 1905 76 26 0 2007 20 6 Eastbound 993 0 5 0 998 10 0 Westbound 1367 0 6 0 1373 14 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-6 1 % Traffic Volume Analysis Intersection: 2. MacArthur & Birch Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1892 57 11 0 1960 20 8 Southbound 1094 33 26 0 1153 12 20 Eastbound 554 0 7 0 561 6 0 Westbound 232 0 0 0 232 2 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1318 40 17 0 1375 14 21 Southbound 2306 69 28 0 2403 24 6 Eastbound 525 0 14 0 539 5 0 Westbound 937 0 2 0 939 9 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-7 1 % Traffic Volume Analysis Intersection: 3. MacArthur & Von Karman Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1903 76 9 0 1988 20 8 Southbound 627 25 14 0 666 7 20 Eastbound 155 0 5 0 160 2 0 Westbound 302 0 3 0 305 3 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1014 41 16 0 1071 11 21 Southbound 1097 44 18 0 1159 12 6 Eastbound 640 0 15 0 655 7 0 Westbound 899 0 8 0 907 9 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-8 1 % Traffic Volume Analysis Intersection: 4. Jamboree & Campus Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1520 61 26 0 1607 16 8 Southbound 2134 85 46 0 2265 23 20 Eastbound 290 0 4 0 294 3 0 Westbound 845 0 3 0 848 8 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2025 81 45 0 2151 22 21 Southbound 2413 97 42 0 2552 26 6 Eastbound 1086 0 2 0 1088 11 0 Westbound 769 0 5 0 774 8 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-9 1 % Traffic Volume Analysis Intersection: 5. Jamboree & Birch Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1648 66 28 0 1742 17 8 Southbound 2051 82 57 0 2190 22 20 Eastbound 194 0 0 0 194 2 0 Westbound 7 0 0 0 7 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1844 74 52 0 1970 20 21 Southbound 2346 94 45 0 2485 25 6 Eastbound 509 0 1 0 510 5 0 Westbound 14 0 0 0 14 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-10 1 % Traffic Volume Analysis Intersection: 6. MacArthur & Jamboree Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1648 49 28 0 1725 17 8 Southbound 2051 62 42 0 2155 22 20 Eastbound 194 6 35 0 235 2 8 Westbound 7 0 56 0 63 1 20 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1844 55 36 0 1935 19 21 Southbound 2346 70 77 0 2493 25 6 Eastbound 509 15 47 0 571 6 21 Westbound 14 0 45 0 59 1 6 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 1 % Traffic Volume Analysis Intersection: 7. Bayview & Bristol South (EB) Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 480 0 0 0 480 5 0 Southbound 0 0 0 0 0 0 0 Eastbound 3107 0 78 0 3185 32 32 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 641 0 0 0 641 6 0 Southbound 0 0 0 0 0 0 0 Eastbound 3057 0 80 0 3137 31 18 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-12 1 % Traffic Volume Analysis Intersection: 8. Jamboree & Bristol North (WB) Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 3370 135 52 0 3557 36 29 Southbound 1050 42 51 0 1143 11 20 Eastbound 0 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2849 114 70 0 3033 30 58 Southbound 1971 79 54 0 2104 21 6 Eastbound 0 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-13 1 % Traffic Volume Analysis Intersection: 9. Jamboree & Bristol South (EB) Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2187 87 75 0 2349 23 26 Southbound 675 27 51 0 753 8 20 Eastbound 2831 0 78 0 2909 29 31 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1958 78 118 0 2154 22 28 Southbound 1241 50 52 0 1343 13 6 Eastbound 3273 0 80 0 3353 34 15 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-14 1 % Traffic Volume Analysis Intersection: 10. Jamboree & Bayview Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1935 58 75 0 2068 21 30 Southbound 2006 60 51 0 2117 21 52 Eastbound 88 0 0 0 88 1 0 Westbound 100 0 0 0 100 1 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1758 53 118 0 1929 19 57 Southbound 2383 71 52 0 2506 25 25 Eastbound 399 0 0 0 399 4 0 Westbound 170 0 0 0 170 2 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-15 1 % Traffic Volume Analysis Intersection: 11. Jamboree & Eastbluff/University Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1718 52 70 0 1840 18 35 Southbound 1669 50 113 0 1832 18 52 Eastbound 534 0 1 0 535 5 0 Westbound 618 0 5 0 623 6 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1678 50 123 0 1851 19 59 Southbound 2477 74 109 0 2660 27 25 Eastbound 351 0 0 0 351 4 0 Westbound 438 0 10 0 448 4 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-16 1 % Traffic Volume Analysis Intersection: 12. Jamboree & Bison Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1547 46 60 0 1653 17 42 Southbound 1993 60 105 0 2158 22 53 Eastbound 187 0 0 0 187 2 0 Westbound 319 0 5 0 324 3 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1807 54 108 0 1969 20 62 Southbound 2302 69 107 0 2478 25 27 Eastbound 102 0 1 0 103 1 0 Westbound 464 0 6 0 470 5 5 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-17 1 % Traffic Volume Analysis Intersection: 13. Jamboree & Eastbluff/Ford Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1762 53 70 0 1885 19 42 Southbound 1769 53 105 0 1927 19 54 Eastbound 742 0 9 0 751 8 0 Westbound 522 0 12 0 534 5 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2355 71 125 0 2551 26 62 Southbound 2225 67 94 0 2386 24 32 Eastbound 533 0 4 0 537 5 0 Westbound 373 0 4 0 377 4 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-18 1 % Traffic Volume Analysis Intersection: 14. Jamboree & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1313 39 163 0 1515 15 0 Southbound 1929 58 275 0 2262 23 54 Eastbound 350 0 0 0 350 4 0 Westbound 182 0 38 0 220 2 42 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1800 54 243 0 2097 21 0 Southbound 2415 72 255 0 2742 27 32 Eastbound 253 0 12 0 265 3 0 Westbound 295 0 98 0 393 4 62 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-19 1 % Traffic Volume Analysis Intersection: 15. Jamboree & Santa Barbara Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1554 47 53 0 1654 17 1 Southbound 1392 42 123 0 1557 16 0 Eastbound 73 0 6 0 79 1 0 Westbound 146 0 6 0 152 2 17 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1246 37 91 0 1374 14 6 Southbound 2100 63 88 0 2251 23 0 Eastbound 38 0 3 0 41 0 0 Westbound 974 0 8 0 982 10 5 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-20 1 % Traffic Volume Analysis Intersection: 16. Jamboree & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 488 15 1 0 504 5 0 Southbound 1101 33 106 0 1240 12 17 Eastbound 3049 91 89 0 3229 32 30 Westbound 1252 38 33 0 1323 13 15 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 398 12 3 0 413 4 0 Southbound 2060 62 85 0 2207 22 5 Eastbound 2438 73 121 0 2632 26 13 Westbound 2323 70 63 0 2456 25 31 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-21 1 % Traffic Volume Analysis Intersection: 17. MacArthur & Bison Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2817 85 2 0 2904 29 33 Southbound 2357 71 5 0 2433 24 61 Eastbound 604 0 7 0 611 6 6 Westbound 694 0 2 0 696 7 21 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2829 85 19 0 2933 29 84 Southbound 3252 98 28 0 3378 34 21 Eastbound 597 0 8 0 605 6 3 Westbound 770 0 1 0 771 8 11 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-22 1 % Traffic Volume Analysis Intersection: 18. MacArthur & Ford/Bonita Canyon Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2108 63 8 0 2179 22 39 Southbound 2465 74 11 0 2550 26 80 Eastbound 426 0 4 0 430 4 0 Westbound 1775 0 10 0 1785 18 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2877 86 33 0 2996 30 86 Southbound 3151 95 23 0 3269 33 28 Eastbound 387 0 2 0 389 4 0 Westbound 992 0 12 0 1004 10 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-23 1 % Traffic Volume Analysis Intersection: 19. MacArthur & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1652 50 19 0 1721 17 0 Southbound 2520 76 43 0 2639 26 82 Eastbound 591 0 8 0 599 6 40 Westbound 750 0 8 0 758 8 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2016 60 46 0 2122 21 0 Southbound 2628 79 54 0 2761 28 30 Eastbound 1062 0 55 0 1117 11 87 Westbound 878 0 8 0 886 9 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-24 1 % Traffic Volume Analysis Intersection: 20. MacArthur & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1883 56 8 0 1947 19 1 Southbound 1765 53 7 0 1825 18 0 Eastbound 190 0 5 0 195 2 11 Westbound 426 0 1 0 427 4 7 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1376 41 11 0 1428 14 4 Southbound 2017 61 11 0 2089 21 0 Eastbound 1535 0 29 0 1564 16 9 Westbound 478 0 12 0 490 5 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-25 1 % Traffic Volume Analysis Intersection: 21. MacArthur & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 908 27 3 0 938 9 11 Eastbound 1842 55 10 0 1907 19 2 Westbound 1986 60 12 0 2058 21 19 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 1832 55 4 0 1891 19 3 Eastbound 1864 56 13 0 1933 19 15 Westbound 1929 58 10 0 1997 20 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-26 1 % Traffic Volume Analysis Intersection: 22. Santa Cruz & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 72 0 4 0 76 1 35 Southbound 55 0 2 0 57 1 0 Eastbound 748 0 2 0 750 8 54 Westbound 495 0 2 0 497 5 7 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 469 0 0 0 469 5 14 Southbound 72 0 2 0 74 1 0 Eastbound 578 0 2 0 580 6 32 Westbound 586 0 2 0 588 6 48 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-27 1 % Traffic Volume Analysis Intersection: 23. Santa Rosa & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 108 0 26 0 134 1 36 Southbound 115 0 0 0 115 1 0 Eastbound 428 0 20 0 448 4 49 Westbound 1032 0 26 0 1058 11 4 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 567 0 67 0 634 6 59 Southbound 98 0 0 0 98 1 0 Eastbound 729 0 26 0 755 8 10 Westbound 580 0 64 0 644 6 14 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-28 1 % Traffic Volume Analysis Intersection: 24. San Miguel & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 322 0 0 0 322 3 0 Southbound 485 0 0 0 485 5 9 Eastbound 729 0 2 0 731 7 0 Westbound 936 0 4 0 940 9 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 720 0 28 0 748 7 6 Southbound 423 0 15 0 438 4 0 Eastbound 959 0 0 0 959 10 0 Westbound 1115 0 16 0 1131 11 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-29 1 % Traffic Volume Analysis Intersection: 25. Avocado & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2003 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 392 0 0 0 392 4 49 Southbound 118 0 0 0 118 1 8 Eastbound 208 0 0 0 208 2 10 Westbound 1089 0 0 0 1089 11 9 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 891 0 0 0 891 9 10 Southbound 372 0 0 0 372 4 58 Eastbound 724 0 22 0 746 7 1 Westbound 742 0 16 0 758 8 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-30 1 % Traffic Volume Analysis Intersection: 26. Balboa/Superior & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 618 0 31 0 649 6 0 Southbound 479 0 26 0 505 5 0 Eastbound 3468 139 168 0 3775 38 11 Westbound 849 34 28 0 911 9 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 535 0 10 0 545 5 0 Southbound 1138 0 162 0 1300 13 0 Eastbound 1649 66 73 0 1788 18 8 Westbound 2446 98 62 0 2606 26 15 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-31 1 % Traffic Volume Analysis Intersection: 27. Newport & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 653 20 49 0 722 7 10 Eastbound 2562 77 7 0 2646 26 11 Westbound 1098 33 27 0 1158 12 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 1087 33 118 0 1238 12 4 Eastbound 1534 46 77 0 1657 17 8 Westbound 2411 72 14 0 2497 25 15 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-32 1 % Traffic Volume Analysis Intersection: 28. Riverside & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 8 0 0 0 8 0 0 Southbound 401 0 2 0 403 4 0 Eastbound 2392 96 94 0 2582 26 22 Westbound 1309 52 130 0 1491 15 26 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 47 0 0 0 47 0 0 Southbound 524 0 2 0 526 5 0 Eastbound 1817 73 181 0 2071 21 13 Westbound 2523 101 134 0 2758 28 27 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-33 1 % Traffic Volume Analysis Intersection: 29. Tustin & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 52 0 0 0 52 1 0 Eastbound 2268 91 86 0 2445 24 22 Westbound 1276 51 55 0 1382 14 26 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 7 0 0 0 7 0 0 Southbound 85 0 0 0 85 1 0 Eastbound 1587 63 91 0 1741 17 13 Westbound 2509 100 103 0 2712 27 27 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-34 1 % Traffic Volume Analysis Intersection: 30. Dover/Bayshore & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 74 0 0 0 74 1 0 Southbound 976 0 24 0 1000 10 9 Eastbound 2421 73 81 0 2575 26 22 Westbound 1720 52 61 0 1833 18 32 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 119 0 0 0 119 1 0 Southbound 1310 0 41 0 1351 14 1 Eastbound 1630 49 118 0 1797 18 13 Westbound 3341 100 92 0 3533 35 37 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-35 1 % Traffic Volume Analysis Intersection: 31. Bayside & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 446 0 4 0 450 5 0 Southbound 46 0 62 0 108 1 0 Eastbound 3170 127 71 0 3368 34 31 Westbound 1483 59 39 0 1581 16 32 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 523 0 5 0 528 5 0 Southbound 68 0 100 0 168 2 0 Eastbound 2419 97 91 0 2607 26 13 Westbound 3129 125 56 0 3310 33 37 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-36 1 % Traffic Volume Analysis Intersection: 32. Newport Center & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 128 0 9 0 137 1 9 Eastbound 1905 57 10 0 1972 20 29 Westbound 1447 43 16 0 1506 15 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 680 0 34 0 714 7 0 Eastbound 1874 56 26 0 1956 20 7 Westbound 2041 61 13 0 2115 21 17 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-37 1 % Traffic Volume Analysis Intersection: 33. Avocado & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 305 0 0 0 305 3 0 Southbound 143 0 0 0 143 1 7 Eastbound 1480 59 6 0 1545 15 28 Westbound 1398 56 15 0 1469 15 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 362 0 0 0 362 4 0 Southbound 705 0 1 0 706 7 48 Eastbound 1684 67 11 0 1762 18 2 Westbound 1603 64 7 0 1674 17 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-38 1 % Traffic Volume Analysis Intersection: 34. Goldenrod & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 133 0 0 0 133 1 0 Southbound 59 0 1 0 60 1 0 Eastbound 1187 47 6 0 1240 12 14 Westbound 1990 80 10 0 2080 21 19 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 135 0 0 0 135 1 0 Southbound 75 0 0 0 75 1 0 Eastbound 1782 71 8 0 1861 19 18 Westbound 1742 70 7 0 1819 18 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-39 1 % Traffic Volume Analysis Intersection: 35. Marguerite & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 249 0 0 0 249 2 0 Southbound 243 0 0 0 243 2 0 Eastbound 1233 49 5 0 1287 13 18 Westbound 1821 73 10 0 1904 19 2 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 241 0 0 0 241 2 0 Southbound 254 0 0 0 254 3 0 Eastbound 1799 72 7 0 1878 19 14 Westbound 1460 58 7 0 1525 15 19 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-40 1 % Traffic Volume Analysis Intersection: 36. Newport Center & Santa Barbara Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 223 0 0 0 223 2 0 Southbound 126 0 0 0 126 1 0 Eastbound 227 0 0 0 227 2 2 Westbound 13 0 0 0 13 0 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 291 0 0 0 291 3 0 Southbound 289 0 0 0 289 3 0 Eastbound 267 0 0 0 267 3 9 Westbound 91 0 0 0 91 1 9 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-41 1 % Traffic Volume Analysis Intersection: 37. Santa Cruz & Newport Center Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 69 0 0 0 69 1 1 Southbound 166 0 0 0 166 2 2 Eastbound 117 0 0 0 117 1 0 Westbound 181 0 0 0 181 2 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 274 0 0 0 274 3 9 Southbound 255 0 0 0 255 3 9 Eastbound 235 0 0 0 235 2 0 Westbound 299 0 0 0 299 3 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-42 1 % Traffic Volume Analysis Intersection: 38. Newport Center & Santa Rosa Existing Traffic Volumes Based on Average Winter/Spring 2003 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 122 0 0 0 122 1 6 Southbound 313 0 0 0 313 3 30 Eastbound 85 0 0 0 85 1 0 Westbound 274 0 0 0 274 3 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 278 0 0 0 278 3 26 Southbound 392 0 0 0 392 4 15 Eastbound 214 0 0 0 214 2 0 Westbound 298 0 0 0 298 3 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-43 1 % Traffic Volume Analysis Intersection: 39. Newport Center & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 322 0 0 0 322 3 3 Southbound 130 0 0 0 130 1 17 Eastbound 69 0 0 0 69 1 2 Westbound 377 0 0 0 377 4 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 376 0 0 0 376 4 10 Southbound 388 0 0 0 388 4 0 Eastbound 390 0 0 0 390 4 16 Westbound 685 0 0 0 685 7 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-44 1 % Traffic Volume Analysis Intersection: 40. Newport Center/Fashion Island & Newport Center Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 501 0 0 0 501 5 0 Southbound 15 0 0 0 15 0 1 Eastbound 229 0 0 0 229 2 0 Westbound 121 0 0 0 121 1 10 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 431 0 0 0 431 4 1 Southbound 156 0 0 0 156 2 9 Eastbound 342 0 0 0 342 3 0 Westbound 511 0 0 0 511 5 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-45 1 % Traffic Volume Analysis Intersection: 1. MacArthur & Campus Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1000 40 16 150 1206 12 8 Southbound 1478 59 25 58 1620 16 20 Eastbound 1323 0 10 0 1333 13 0 Westbound 368 0 2 0 370 4 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1361 54 30 101 1546 15 21 Southbound 1905 76 26 155 2162 22 6 Eastbound 993 0 5 0 998 10 0 Westbound 1367 0 6 0 1373 14 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-46 1 % Traffic Volume Analysis Intersection: 2. MacArthur & Birch Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1892 57 11 150 2110 21 8 Southbound 1094 33 26 58 1211 12 20 Eastbound 554 0 7 0 561 6 0 Westbound 232 0 0 0 232 2 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1318 40 17 101 1476 15 21 Southbound 2306 69 28 155 2558 26 6 Eastbound 525 0 14 0 539 5 0 Westbound 937 0 2 0 939 9 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-47 1 % Traffic Volume Analysis Intersection: 3. MacArthur & Von Karman Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1903 76 9 168 2156 22 8 Southbound 627 25 14 58 724 7 20 Eastbound 155 0 5 0 160 2 0 Westbound 302 0 3 25 330 3 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1014 41 16 125 1196 12 21 Southbound 1097 44 18 155 1314 13 6 Eastbound 640 0 15 0 655 7 0 Westbound 899 0 8 21 928 9 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-48 1 % Traffic Volume Analysis Intersection: 4. Jamboree & Campus Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1520 61 26 173 1780 18 8 Southbound 2134 85 46 71 2336 23 20 Eastbound 290 0 4 0 294 3 0 Westbound 845 0 3 0 848 8 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2025 81 45 119 2270 23 21 Southbound 2413 97 42 179 2731 27 6 Eastbound 1086 0 2 0 1088 11 0 Westbound 769 0 5 0 774 8 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-49 1 % Traffic Volume Analysis Intersection: 5. Jamboree & Birch Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1648 66 28 173 1915 19 8 Southbound 2051 82 57 71 2261 23 20 Eastbound 194 0 0 0 194 2 0 Westbound 7 0 0 0 7 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1844 74 52 119 2089 21 21 Southbound 2346 94 45 179 2664 27 6 Eastbound 509 0 1 0 510 5 0 Westbound 14 0 0 0 14 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-50 1 % Traffic Volume Analysis Intersection: 6. MacArthur & Jamboree Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1648 49 28 166 1891 19 8 Southbound 2051 62 42 82 2237 22 20 Eastbound 194 6 35 174 409 4 8 Westbound 7 0 56 71 134 1 20 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1844 55 36 138 2073 21 21 Southbound 2346 70 77 176 2669 27 6 Eastbound 509 15 47 106 677 7 21 Westbound 14 0 45 179 238 2 6 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-51 1 % Traffic Volume Analysis Intersection: 7. Bayview & Bristol South (EB) Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 480 0 0 0 480 5 0 Southbound 0 0 0 0 0 0 0 Eastbound 3107 0 78 0 3185 32 32 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 641 0 0 0 641 6 0 Southbound 0 0 0 0 0 0 0 Eastbound 3057 0 80 0 3137 31 18 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-52 1 % Traffic Volume Analysis Intersection: 8. Jamboree & Bristol North (WB) Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 3370 135 52 173 3730 37 29 Southbound 1050 42 51 51 1194 12 20 Eastbound 0 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2849 114 70 107 3140 31 58 Southbound 1971 79 54 177 2281 23 6 Eastbound 0 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-53 1 % Traffic Volume Analysis Intersection: 9. Jamboree & Bristol South (EB) Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2187 87 75 173 2522 25 26 Southbound 675 27 51 51 804 8 20 Eastbound 2831 0 78 0 2909 29 31 Westbound 0 0 0 0 0 0 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1958 78 118 107 2261 23 28 Southbound 1241 50 52 177 1520 15 6 Eastbound 3273 0 80 0 3353 34 15 Westbound 0 0 0 0 0 0 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-54 1 % Traffic Volume Analysis Intersection: 10. Jamboree & Bayview Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1935 58 75 173 2241 22 30 Southbound 2006 60 51 51 2168 22 52 Eastbound 88 0 0 0 88 1 0 Westbound 100 0 0 0 100 1 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1758 53 118 107 2036 20 57 Southbound 2383 71 52 177 2683 27 25 Eastbound 399 0 0 0 399 4 0 Westbound 170 0 0 0 170 2 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-55 1 % Traffic Volume Analysis Intersection: 11. Jamboree & Eastbluff/University Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1718 52 70 248 2088 21 35 Southbound 1669 50 113 51 1883 19 52 Eastbound 534 0 1 0 535 5 0 Westbound 618 0 5 22 645 6 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1678 50 123 155 2006 20 59 Southbound 2477 74 109 177 2837 28 25 Eastbound 351 0 0 0 351 4 0 Westbound 438 0 10 80 528 5 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-56 1 % Traffic Volume Analysis Intersection: 12. Jamboree & Bison Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1547 46 60 2112 3765 38 42 Southbound 1993 60 105 73 2231 22 53 Eastbound 187 0 0 0 187 2 0 Westbound 319 0 5 37 361 4 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1807 54 108 132 2101 21 62 Southbound 2302 69 107 257 2735 27 27 Eastbound 102 0 1 0 103 1 0 Westbound 464 0 6 23 493 5 5 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-57 1 % Traffic Volume Analysis Intersection: 13. Jamboree & Eastbluff/Ford Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1762 53 70 212 2097 21 42 Southbound 1769 53 105 62 1989 20 54 Eastbound 742 0 9 18 769 8 0 Westbound 522 0 12 117 651 7 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2355 71 125 168 2719 27 62 Southbound 2225 67 94 220 2606 26 32 Eastbound 533 0 4 63 600 6 0 Westbound 373 0 4 71 448 4 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-58 1 % Traffic Volume Analysis Intersection: 14. Jamboree & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1313 39 163 178 1693 17 0 Southbound 1929 58 275 103 2365 24 54 Eastbound 350 0 0 0 350 4 0 Westbound 182 0 38 34 254 3 42 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1800 54 243 148 2245 22 0 Southbound 2415 72 255 232 2974 30 32 Eastbound 253 0 12 0 265 3 0 Westbound 295 0 98 20 413 4 62 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-59 1 % Traffic Volume Analysis Intersection: 15. Jamboree & Santa Barbara Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1554 47 53 178 1832 18 1 Southbound 1392 42 123 94 1651 17 0 Eastbound 73 0 6 0 79 1 0 Westbound 146 0 6 0 152 2 17 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1246 37 91 148 1522 15 6 Southbound 2100 63 88 194 2445 24 0 Eastbound 38 0 3 0 41 0 0 Westbound 974 0 8 0 982 10 5 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-60 1 % Traffic Volume Analysis Intersection: 16. Jamboree & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 488 15 1 0 504 5 0 Southbound 1101 33 106 94 1334 13 17 Eastbound 3049 91 89 120 3349 33 30 Westbound 1252 38 33 471 1794 18 15 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 398 12 3 0 413 4 0 Southbound 2060 62 85 194 2401 24 5 Eastbound 2438 73 121 390 3022 30 13 Westbound 2323 70 63 317 2773 28 31 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-61 1 % Traffic Volume Analysis Intersection: 17. MacArthur & Bison Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2817 85 2 151 3055 31 33 Southbound 2357 71 5 49 2482 25 61 Eastbound 604 0 7 11 622 6 6 Westbound 694 0 2 52 748 7 21 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2829 85 19 93 3026 30 84 Southbound 3252 98 28 170 3548 35 21 Eastbound 597 0 8 37 642 6 3 Westbound 770 0 1 32 803 8 11 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-62 1 % Traffic Volume Analysis Intersection: 18. MacArthur & Ford/Bonita Canyon Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 2108 63 8 183 2362 24 39 Southbound 2465 74 11 45 2595 26 80 Eastbound 426 0 4 15 445 4 0 Westbound 1775 0 10 222 2007 20 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2877 86 33 145 3141 31 86 Southbound 3151 95 23 155 3424 34 28 Eastbound 387 0 2 54 443 4 0 Westbound 992 0 12 169 1173 12 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-63 1 % Traffic Volume Analysis Intersection: 19. MacArthur & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1652 50 19 145 1866 19 0 Southbound 2520 76 43 99 2738 27 82 Eastbound 591 0 8 46 645 6 40 Westbound 750 0 8 191 949 9 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 2016 60 46 183 2305 23 0 Southbound 2628 79 54 190 2951 30 30 Eastbound 1062 0 55 100 1217 12 87 Westbound 878 0 8 139 1025 10 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-64 1 % Traffic Volume Analysis Intersection: 20. MacArthur & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 1883 56 8 182 2129 21 1 Southbound 1765 53 7 142 1967 20 0 Eastbound 190 0 5 12 207 2 11 Westbound 426 0 1 0 427 4 7 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 1376 41 11 205 1633 16 4 Southbound 2017 61 11 182 2271 23 0 Eastbound 1535 0 29 37 1601 16 9 Westbound 478 0 12 0 490 5 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-65 1 % Traffic Volume Analysis Intersection: 21. MacArthur & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 908 27 3 152 1090 11 11 Eastbound 1842 55 10 145 2052 21 2 Westbound 1986 60 12 474 2532 25 19 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 1832 55 4 220 2111 21 3 Eastbound 1864 56 13 456 2389 24 15 Westbound 1929 58 10 286 2283 23 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-66 1 % Traffic Volume Analysis Intersection: 22. Santa Cruz & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 72 0 4 0 76 1 35 Southbound 55 0 2 10 67 1 0 Eastbound 748 0 2 9 759 8 54 Westbound 495 0 2 41 538 5 7 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 469 0 0 0 469 5 14 Southbound 72 0 2 9 83 1 0 Eastbound 578 0 2 38 618 6 32 Westbound 586 0 2 30 618 6 48 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-67 1 % Traffic Volume Analysis Intersection: 23. Santa Rosa & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 108 0 26 11 145 1 36 Southbound 115 0 0 15 130 1 0 Eastbound 428 0 20 19 467 5 49 Westbound 1032 0 26 91 1149 11 4 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 567 0 67 42 676 7 59 Southbound 98 0 0 12 110 1 0 Eastbound 729 0 26 47 802 8 10 Westbound 580 0 64 69 713 7 14 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-68 1 % Traffic Volume Analysis Intersection: 24. San Miguel & San Joaquin Hills Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 322 0 0 0 322 3 0 Southbound 485 0 0 0 485 5 9 Eastbound 729 0 2 63 794 8 0 Westbound 936 0 4 191 1131 11 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 720 0 28 0 748 7 6 Southbound 423 0 15 0 438 4 0 Eastbound 959 0 0 216 1175 12 0 Westbound 1115 0 16 137 1268 13 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-69 1 % Traffic Volume Analysis Intersection: 25. Avocado & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2003 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 392 0 0 0 392 4 49 Southbound 118 0 0 0 118 1 8 Eastbound 208 0 0 12 220 2 10 Westbound 1089 0 0 37 1126 11 9 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 891 0 0 0 891 9 10 Southbound 372 0 0 0 372 4 58 Eastbound 724 0 22 37 783 8 1 Westbound 742 0 16 22 780 8 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-70 1 % Traffic Volume Analysis Intersection: 26. Balboa/Superior & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 618 0 31 14 663 7 0 Southbound 479 0 26 52 557 6 0 Eastbound 3468 139 168 102 3877 39 11 Westbound 849 34 28 231 1142 11 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 535 0 10 15 560 6 0 Southbound 1138 0 162 221 1521 15 0 Eastbound 1649 66 73 219 2007 20 8 Westbound 2446 98 62 142 2748 27 15 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-71 1 % Traffic Volume Analysis Intersection: 27. Newport & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 653 20 49 17 739 7 10 Eastbound 2562 77 7 67 2713 27 11 Westbound 1098 33 27 235 1393 14 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 1087 33 118 85 1323 13 4 Eastbound 1534 46 77 238 1895 19 8 Westbound 2411 72 14 145 2642 26 15 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-72 1 % Traffic Volume Analysis Intersection: 28. Riverside & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 8 0 0 0 8 0 0 Southbound 401 0 2 5 408 4 0 Eastbound 2392 96 94 89 2671 27 22 Westbound 1309 52 130 281 1772 18 26 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 47 0 0 0 47 0 0 Southbound 524 0 2 4 530 5 0 Eastbound 1817 73 181 327 2398 24 13 Westbound 2523 101 134 195 2953 30 27 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-73 1 % Traffic Volume Analysis Intersection: 29. Tustin & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 52 0 0 0 52 1 0 Eastbound 2268 91 86 94 2539 25 22 Westbound 1276 51 55 280 1662 17 26 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 7 0 0 0 7 0 0 Southbound 85 0 0 0 85 1 0 Eastbound 1587 63 91 332 2073 21 13 Westbound 2509 100 103 197 2909 29 27 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-74 1 % Traffic Volume Analysis Intersection: 30. Dover/Bayshore & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 74 0 0 0 74 1 0 Southbound 976 0 24 28 1028 10 9 Eastbound 2421 73 81 94 2669 27 22 Westbound 1720 52 61 360 2193 22 32 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 119 0 0 0 119 1 0 Southbound 1310 0 41 83 1434 14 1 Eastbound 1630 49 118 332 2129 21 13 Westbound 3341 100 92 248 3781 38 37 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-75 1 % Traffic Volume Analysis Intersection: 31. Bayside & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 446 0 4 0 450 5 0 Southbound 46 0 62 5 113 1 0 Eastbound 3170 127 71 116 3484 35 31 Westbound 1483 59 39 351 1932 19 32 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 523 0 5 0 528 5 0 Southbound 68 0 100 4 172 2 0 Eastbound 2419 97 91 385 2992 30 13 Westbound 3129 125 56 238 3548 35 37 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-76 1 % Traffic Volume Analysis Intersection: 32. Newport Center & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 128 0 9 0 137 1 9 Eastbound 1905 57 10 156 2128 21 29 Westbound 1447 43 16 469 1975 20 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 0 0 0 0 0 0 0 Southbound 680 0 34 0 714 7 0 Eastbound 1874 56 26 513 2469 25 7 Westbound 2041 61 13 317 2432 24 17 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-77 1 % Traffic Volume Analysis Intersection: 33. Avocado & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 305 0 0 0 305 3 0 Southbound 143 0 0 0 143 1 7 Eastbound 1480 59 6 156 1701 17 28 Westbound 1398 56 15 469 1938 19 18 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 362 0 0 0 362 4 0 Southbound 705 0 1 0 706 7 48 Eastbound 1684 67 11 513 2275 23 2 Westbound 1603 64 7 317 1991 20 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-78 1 % Traffic Volume Analysis Intersection: 34. Goldenrod & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 133 0 0 0 133 1 0 Southbound 59 0 1 0 60 1 0 Eastbound 1187 47 6 159 1399 14 14 Westbound 1990 80 10 502 2582 26 19 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 135 0 0 0 135 1 0 Southbound 75 0 0 0 75 1 0 Eastbound 1782 71 8 527 2388 24 18 Westbound 1742 70 7 317 2136 21 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-79 1 % Traffic Volume Analysis Intersection: 35. Marguerite & Coast Hwy Existing Traffic Volumes Based on Average Winter/Spring 2006 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 249 0 0 0 249 2 0 Southbound 243 0 0 3 246 2 0 Eastbound 1233 49 5 159 1446 14 14 Westbound 1821 73 10 515 2419 24 19 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 241 0 0 0 241 2 0 Southbound 254 0 0 13 267 3 0 Eastbound 1799 72 7 527 2405 24 18 Westbound 1460 58 7 324 1849 18 2 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-80 1 % Traffic Volume Analysis Intersection: 36. Newport Center & Santa Barbara Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 223 0 0 0 223 2 0 Southbound 126 0 0 0 126 1 0 Eastbound 227 0 0 0 227 2 2 Westbound 13 0 0 0 13 0 1 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 291 0 0 0 291 3 0 Southbound 289 0 0 0 289 3 0 Eastbound 267 0 0 0 267 3 9 Westbound 91 0 0 0 91 1 9 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-81 1 % Traffic Volume Analysis Intersection: 37. Santa Cruz & Newport Center Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 69 0 0 0 69 1 1 Southbound 166 0 0 0 166 2 2 Eastbound 117 0 0 0 117 1 0 Westbound 181 0 0 0 181 2 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 274 0 0 0 274 3 9 Southbound 255 0 0 0 255 3 9 Eastbound 235 0 0 0 235 2 0 Westbound 299 0 0 0 299 3 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-82 1 % Traffic Volume Analysis Intersection: 38. Newport Center & Santa Rosa Existing Traffic Volumes Based on Average Winter/Spring 2003 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 122 0 0 0 122 1 6 Southbound 313 0 0 0 313 3 30 Eastbound 85 0 0 0 85 1 0 Westbound 274 0 0 0 274 3 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 278 0 0 0 278 3 26 Southbound 392 0 0 0 392 4 15 Eastbound 214 0 0 0 214 2 0 Westbound 298 0 0 0 298 3 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-83 1 % Traffic Volume Analysis Intersection: 39. Newport Center & San Miguel Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 322 0 0 0 322 3 3 Southbound 130 0 0 0 130 1 17 Eastbound 69 0 0 0 69 1 2 Westbound 377 0 0 0 377 4 0 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 376 0 0 0 376 4 10 Southbound 388 0 0 0 388 4 0 Eastbound 390 0 0 0 390 4 16 Westbound 685 0 0 0 685 7 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-84 1 % Traffic Volume Analysis Intersection: 40. Newport Center/Fashion Island & Newport Center Existing Traffic Volumes Based on Average Winter/Spring 2007 Peak 1 Hour Approved Cumulative Existing Regional Projects Projects Projected 1 % of Projected Project Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Peak 1 Hour Direction Volume Volume Volume Volume Volume Volume Volume AM PEAK PERIOD Northbound 501 0 0 0 501 5 0 Southbound 15 0 0 0 15 0 1 Eastbound 229 0 0 0 229 2 0 Westbound 121 0 0 0 121 1 10 Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume. Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PM PEAK PERIOD Northbound 431 0 0 0 431 4 1 Southbound 156 0 0 0 156 2 9 Eastbound 342 0 0 0 342 3 0 Westbound 511 0 0 0 511 5 0 Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume. Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume. Intersection Capacity Utilization (ICU) Analysis is required. PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010 A-85 1. MacArthur & Campus Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 53 .033 155 . M* NBT 4 6400 897 .140* 1171 .183 NBR 1 1600 50 .031 35 .022 SBL 1 1600 261 .163* 131 .082 SBT 4 6400 918 .143 1108 .173* SBR 1 1600 299 .187 666 .416 EBL 2 3200 458 .143 336 .105* EBT 3 4800 778 .180* 455 .137 EBR 0 0 87 202 WBL 2 3200 43 .013* 132 .041 WBT 3 4800 225 .047 1080 .225* WBR f 100 155 Right Turn Adjustment SBR .164* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 55 .034 157 .098* NBT 4 6400 947 .148* 1244 .194 NBR 1 1600 50 .031 37 .023 SBL 1 1600 261 .163* 131 .082 SBT 4 6400 978 .153 1175 .184* SBR 1 1600 301 .188 669 .418 EBL 2 3200 461 .144 338 .106* EBT 3 4800 782 .181* 475 .141 EBR 0 0 89 204 WBL 2 3200 44 .014* 135 .042 WBT 3 4800 227 .047 1082 .225* WBR f 100 156 Right Turn Adjustment SBR .154* TOTAL CAPACITY UTILIZATION .496 .764 TOTAL CAPACITY UTILIZATION .506 .767 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 55 .034 157 .098* NBT 4 6400 955 .149* 1265 .198 NBR 1 1600 50 .031 37 .023 SBL 1 1600 261 .163* 131 .082 SBT 4 6400 998 .156 1181 .185* SBR 1 1600 301 .188 669 .418 EBL 2 3200 461 .144 338 .106* EBT 3 4800 782 .181* 475 .141 EBR 0 0 89 204 WBL 2 3200 44 .014* 135 .042 WBT 3 4800 227 .047 1082 .225* WBR f 100 156 Right Turn Adjustment SBR .153* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 55 .034 157 .098* NBT 4 6400 1097 .171* 1345 .210 NBR 1 1600 50 .031 37 .023 SBL 1 1600 261 .163* 131 .082 SBT 4 6400 1036 .162 1330 .208* SBR 1 1600 301 .188 669 .418 EBL 2 3200 461 .144 338 .106* EBT 3 4800 782 .181* 475 .141 EBR 0 0 89 204 WBL 2 3200 44 .014* 135 .042 WBT 3 4800 227 .047 1082 .225* WBR f 100 156 Right Turn Adjustment SBR .130* TOTAL CAPACITY UTILIZATION .507 .767 TOTAL CAPACITY UTILIZATION .529 767 A-86 1. MacArthur & Campus Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 55 .034 157 .098* NBT 4 6400 1105 .M* 1366 .213 NBR 1 1600 50 .031 37 .023 SBL 1 1600 261 .163* 131 .082 SBT 4 6400 1056 .165 1336 .209* SBR 1 1600 301 .188 669 .418 EBL 2 3200 461 .144 338 .106* EBT 3 4800 782 .181* 475 .141 EBR 0 0 89 204 WBL 2 3200 44 .014* 135 .042 WBT 3 4800 227 .047 1082 .225* WBR f 100 156 Right Turn Adjustment SBR .129* TOTAL CAPACITY UTILIZATION .531 .767 A-87 2. MacArthur & Birch Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 47 .029 113 .071* NBT 3 4800 1741 .363* 1183 .246 NBR f 104 22 SBL 1 1600 146 .091* 69 .043 SBT 4 6400 771 .148 2067 .350* SBR 0 0 177 170 EBL 0 0 123 294 EBT 3 4800 372 .115* 207 .109* EBR 0 0 59 24 WBL 1 1600 21 .013 103 .064 WBT 2 3200 164 .051* 694 .217* WBR f 47 140 Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 113 .071* NBT 3 4800 1803 .376* 1235 .257 NBR f 104 22 SBL 1 1600 146 .091* 69 .043 SBT 4 6400 815 .156 2150 .364* SBR 0 0 182 177 EBL 0 0 128 306 EBT 3 4800 372 .117* 208 .113* EBR 0 0 61 26 WBL 1 1600 21 .013 103 .064 WBT 2 3200 164 .051* 696 .218* WBR f 47 140 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .620 .747 TOTAL CAPACITY UTILIZATION .635 .766 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 113 .071* NBT 3 4800 1811 .377* 1256 .262 NBR f 104 22 SBL 1 1600 146 .091* 69 .043 SBT 4 6400 835 .159 2156 .363* SBR 0 0 182 177 EBL 0 0 128 306 EBT 3 4800 372 .117* 208 .113* EBR 0 0 61 26 WBL 1 1600 21 .013 103 .064 WBT 2 3200 164 .051* 696 .218* WBR f 47 140 Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 113 .071* NBT 3 4800 1953 .407* 1336 .278 NBR f 104 22 SBL 1 1600 146 .091* 69 .043 SBT 4 6400 873 .165 2305 .388* SBR 0 0 182 177 EBL 0 0 128 306 EBT 3 4800 372 .117* 208 .113* EBR 0 0 61 26 WBL 1 1600 21 .013 103 .064 WBT 2 3200 164 .051* 696 .218* WBR f 47 140 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .636 .767 TOTAL CAPACITY UTILIZATION .666 790 A-88 2. MacArthur & Birch Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 113 .071* NBT 3 4800 1961 .409* 1357 .283 NBR f 104 22 SBL 1 1600 146 .091* 69 .043 SBT 4 6400 893 .168 2311 .389* SBR 0 0 182 177 EBL 0 0 128 306 EBT 3 4800 372 .117* 208 .113* EBR 0 0 61 26 WBL 1 1600 21 .013 103 .064 WBT 2 3200 164 .051* 696 .218* WBR f 47 140 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .668 .791 A-89 3. MacArthur & Von Karman Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 129 .081 71 .044* NBT 3 4800 974 .203* 788 .164 NBR f 800 155 SBL 1 1600 36 .023* 34 .021 SBT 3 4800 394 .082 962 .200* SBR f 197 101 EBL 1 1600 35 .022 137 .086 EBT 2 3200 84 .026* 222 .069* EBR f 36 281 WBL 1 1600 102 .064* 682 .426* WBT 2 3200 184 .058 152 .048 WBR f 16 65 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 130 .081 75 . W* NBT 3 4800 1021 .213* 832 .173 NBR f 801 155 SBL 1 1600 36 .023* 34 .021 SBT 3 4800 421 .088 1014 .211* SBR f 199 105 EBL 1 1600 38 .024 144 .090 EBT 2 3200 86 .027* 228 .071* EBR f 36 283 WBL 1 1600 104 .065* 686 .429* WBT 2 3200 185 .058 156 .049 WBR f 16 65 TOTAL CAPACITY UTILIZATION .316 .739 TOTAL CAPACITY UTILIZATION .328 .758 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 130 .081 75 .047* NBT 3 4800 1029 .214* 853 .178 NBR f 801 155 SBL 1 1600 36 .023* 34 .021 SBT 3 4800 441 .092 1020 .213* SBR f 199 105 EBL 1 1600 38 .024 144 .090 EBT 2 3200 86 .027* 228 .071* EBR f 36 283 WBL 1 1600 104 .065* 686 .429* WBT 2 3200 185 .058 156 .049 WBR f 16 65 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 130 .081 75 .047* NBT 3 4800 1171 .244* 933 .194 NBR f 819 179 SBL 1 1600 36 .023* 34 .021 SBT 3 4800 479 .100 1169 .244* SBR f 199 105 EBL 1 1600 38 .024 144 .090 EBT 2 3200 86 .027* 228 .071* EBR f 36 283 WBL 1 1600 129 .081* 707 .442* WBT 2 3200 185 .058 156 .049 WBR f 16 65 TOTAL CAPACITY UTILIZATION .329 .760 TOTAL CAPACITY UTILIZATION .375 804 A-90 3. MacArthur & Von Karman Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 130 .081 75 . W* NBT 3 4800 1179 .246* 954 .199 NBR f 819 179 SBL 1 1600 36 .023* 34 .021 SBT 3 4800 499 .104 1175 .245* SBR f 199 105 EBL 1 1600 38 .024 144 .090 EBT 2 3200 86 .027* 228 .071* EBR f 36 283 WBL 1 1600 129 .081* 707 .442* WBT 2 3200 185 .058 156 .049 WBR f 16 65 TOTAL CAPACITY UTILIZATION .377 .805 A-91 5. Jamboree & Birch Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 275 .172* 216 .135* NBT 3 4800 1372 .286 1625 .339 NBR 0 0 1 3 SBL 1 1600 4 .003 6 .004 SBT 3 4800 1589 .331* 1857 .387* SBR f 458 483 EBL 0 0 148 349 EBT 2 3200 5 .048* 6 .111* EBR f 41 154 WBL 0 0 1 0 WBT 1 1600 2 .004* 14 .009* WBR 0 0 4 0 Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 275 .M* 216 .135* NBT 3 4800 1455 .303 1742 .364 NBR 0 0 1 3 SBL 1 1600 4 .003 6 .004 SBT 3 4800 1709 .356* 1976 .412* SBR f 459 483 EBL 0 0 148 349 EBT 2 3200 5 .048* 6 .111* EBR f 41 155 WBL 0 0 1 0 WBT 1 1600 2 .004* 14 .009* WBR 0 0 4 0 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .555 .642 TOTAL CAPACITY UTILIZATION .580 .667 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 275 .172* 216 .135* NBT 3 4800 1463 .305 1763 .368 NBR 0 0 1 3 SBL 1 1600 4 .003 6 .004 SBT 3 4800 1729 .360* 1982 .413* SBR f 459 483 EBL 0 0 148 349 EBT 2 3200 5 .048* 6 .111* EBR f 41 155 WBL 0 0 1 0 WBT 1 1600 2 .004* 14 .009* WBR 0 0 4 0 Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 275 .172* 216 .135* NBT 3 4800 1628 .339 1861 .388 NBR 0 0 1 3 SBL 1 1600 4 .003 6 .004 SBT 3 4800 1780 .371* 2155 .449* SBR f 459 483 EBL 0 0 148 349 EBT 2 3200 5 .048* 6 .111* EBR f 41 155 WBL 0 0 1 0 WBT 1 1600 2 .004* 14 .009* WBR 0 0 4 0 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .584 .668 TOTAL CAPACITY UTILIZATION .595 704 A-92 5. Jamboree & Birch Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 275 .172* 216 .135* NBT 3 4800 1636 .341 1882 .393 NBR 0 0 1 3 SBL 1 1600 4 .003 6 .004 SBT 3 4800 1800 .375* 2161 .450* SBR f 459 483 EBL 0 0 148 349 EBT 2 3200 5 .048* 6 .111* EBR f 41 155 WBL 0 0 1 0 WBT 1 1600 2 .004* 14 .009* WBR 0 0 4 0 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .599 .705 A-93 6. MacArthur & Jamboree Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 214 .067 250 .078* NBT 3 4800 1689 .352* 539 .112 NBR 1 1600 482 .301 333 .208 SBL 2 3200 85 .027* 208 .065 SBT 3 4800 304 .063 1479 .308* SBR f 97 256 EBL 2 3200 432 .135 199 .062 EBT 3 4800 989 .206* 864 .180* EBR f 215 51 WBL 2 3200 313 .098* 612 .191* WBT 3 4800 632 .132 1026 .214 WBR f 183 103 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 222 .069 262 .082* NBT 3 4800 1759 .366* 579 .121 NBR 1 1600 483 .302 333 .208 SBL 2 3200 93 .029* 230 .072 SBT 3 4800 334 .070 1557 .324* SBR f 110 276 EBL 2 3200 446 .139 216 .068 EBT 3 4800 1039 .216* 920 .192* EBR f 215 51 WBL 2 3200 313 .098* 613 .192* WBT 3 4800 693 .144 1092 .228 WBR f 197 113 TOTAL CAPACITY UTILIZATION .683 .757 TOTAL CAPACITY UTILIZATION .709 .790 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 222 .069 262 .082* NBT 3 4800 1767 .368* 600 .125 NBR 1 1600 483 .302 333 .208 SBL 2 3200 93 .029* 230 .072 SBT 3 4800 354 .074 1563 .326* SBR f 110 276 EBL 2 3200 446 .139 216 .068 EBT 3 4800 1047 .218* 941 .196* EBR f 215 51 WBL 2 3200 313 .098* 613 .192* WBT 3 4800 713 .149 1098 .229 WBR f 197 113 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 222 .069 262 .082* NBT 3 4800 1907 .397* 693 .144 NBR 1 1600 501 .313 357 .223 SBL 2 3200 93 .029* 230 .072 SBT 3 4800 410 .085 1715 .357* SBR f 116 294 EBL 2 3200 465 .145 227 .071 EBT 3 4800 1194 .249* 1015 .211* EBR f 215 51 WBL 2 3200 338 .106* 634 .198* WBT 3 4800 739 .154 1250 .260 WBR f 197 113 TOTAL CAPACITY UTILIZATION .713 .796 TOTAL CAPACITY UTILIZATION .781 848 A-94 6. MacArthur & Jamboree Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 222 .069 262 .082* NBT 3 4800 1915 .399* 714 .149 NBR 1 1600 501 .313 357 .223 SBL 2 3200 93 .029* 230 .072 SBT 3 4800 430 .090 1721 .359* SBR f 116 294 EBL 2 3200 465 .145 227 .071 EBT 3 4800 1202 .250* 1036 .216* EBR f 215 51 WBL 2 3200 338 .106* 634 .198* WBT 3 4800 759 .158 1256 .262 WBR f 197 113 TOTAL CAPACITY UTILIZATION .784 .855 A-95 7. Bayview & Bristol South (EB) Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 2 3200 480 .150 641 .200 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 0 0 0 0 EBT 4 6400 2709 .423* 2913 .455* EBR 1 1600 398 .249 144 .090 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment NBR .150* NBR .200* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 2 3200 480 .150 641 .200 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 0 0 0 0 EBT 4 6400 2787 .435* 2994 .468* EBR 1 1600 398 .249 144 .090 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment NBR .150* NBR .200* TOTAL CAPACITY UTILIZATION .573 .655 TOTAL CAPACITY UTILIZATION .585 .668 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 2 3200 480 .150 641 .200 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 0 0 0 0 EBT 4 6400 2819 .440* 3012 .471* EBR 1 1600 398 .249 144 .090 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment NBR .150* NBR .200* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 2 3200 480 .150 641 .200 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 0 0 0 0 EBT 4 6400 2787 .435* 2994 .468* EBR 1 1600 398 .249 144 .090 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment NBR .150* NBR .200* TOTAL CAPACITY UTILIZATION .590 .671 TOTAL CAPACITY UTILIZATION .585 668 A-96 7. Bayview & Bristol South (EB) Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 2 3200 480 .150 641 .200 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 0 0 0 0 EBT 4 6400 2819 .440* 3012 .471* EBR 1 1600 398 .249 144 .090 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment NBR .150* NBR .200* TOTAL CAPACITY UTILIZATION .590 .671 A-97 8. Jamboree & Bristol North (WB) Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 1287 .402* 723 .226* NBT 2 3200 1391 .435 1293 .404 NBR f 692 833 SBL 0 0 0 0 SBT 2.5 6400 645 .164* 1216 .308* SBR 1.5 405 755 EBL 0 0 0 0 EBT 0 0 0 0 EBR 0 0 0 0 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 1304 .408* 745 .233* NBT 2 3200 1483 .463 1393 .435 NBR f 692 833 SBL 0 0 0 0 SBT 2.5 6400 721 .176* 1317 .324* SBR 1.5 406 757 EBL 0 0 0 0 EBT 0 0 0 0 EBR 0 0 0 0 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 TOTAL CAPACITY UTILIZATION .566 .534 TOTAL CAPACITY UTILIZATION .584 .557 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 1304 .408* 745 .233* NBT 2 3200 1491 .466 1414 .442 NBR f 713 870 SBL 0 0 0 0 SBT 2.5 6400 741 .M* 1323 .325* SBR 1.5 406 757 EBL 0 0 0 0 EBT 0 0 0 0 EBR 0 0 0 0 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 1304 .408* 745 .233* NBT 2 3200 1656 .518 1500 .469 NBR f 692 833 SBL 0 0 0 0 SBT 2.5 6400 772 .184* 1494 .352* SBR 1.5 406 757 EBL 0 0 0 0 EBT 0 0 0 0 EBR 0 0 0 0 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 TOTAL CAPACITY UTILIZATION .587 .558 TOTAL CAPACITY UTILIZATION .592 585 A-98 8. Jamboree & Bristol North (WB) Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 1304 .408* 745 .233* NBT 2 3200 1664 .520 1521 .475 NBR f 713 870 SBL 0 0 0 0 SBT 2.5 6400 792 .187* 1500 .353* SBR 1.5 406 757 EBL 0 0 0 0 EBT 0 0 0 0 EBR 0 0 0 0 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 TOTAL CAPACITY UTILIZATION .595 .586 A-99 9. Jamboree & Bristol South (EB) Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 5 8000 2127 .273* 1843 .245 NBR 0 0 60 115 SBL 0 0 0 0 SBT 3 4800 675 .141 1241 .259* SBR 0 0 0 0 EBL 1.5 1229 .384* 973 {.414}* EBT 1.5 4800 434 .M 1015 .414 EBR 2 3200 1168 .365 1285 .402 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 TOTAL CAPACITY UTILIZATION .657 .673 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 5 8000 2313 .297* 2063 .272 NBR 0 0 60 115 SBL 0 0 0 0 SBT 3 4800 773 .161 1349 .281* SBR 0 0 0 0 EBL 1.5 1232 .385* 981 {.417}* EBT 1.5 4800 443 .277 1020 .417 EBR 2 3200 1265 .395 1368 .428 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment EBR .011* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 5 8000 2287 .293* 2035 .269 NBR 0 0 60 115 SBL 0 0 0 0 SBT 3 4800 753 .157 1343 .280* SBR 0 0 0 0 EBL 1.5 1232 .385* 981 EBT 1.5 4800 444 .278 1023 .418* EBR 2 3200 1233 .385 1350 .422 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment EBR .004* TOTAL CAPACITY UTILIZATION .678 .702 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 5 8000 2460 .315* 2142 .282 NBR 0 0 60 115 SBL 0 0 0 0 SBT 3 4800 804 .168 1520 .317* SBR 0 0 0 0 EBL 1.5 1232 .385* 981 EBT 1.5 4800 444 .278 1023 .418* EBR 2 3200 1233 .385 1350 .422 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment EBR .004* TOTAL CAPACITY UTILIZATION .682 .709 TOTAL CAPACITY UTILIZATION .700 739 A-100 9. Jamboree & Bristol South (EB) Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 5 8000 2486 .318* 2170 .286 NBR 0 0 60 115 SBL 0 0 0 0 SBT 3 4800 824 .172 1526 .318* SBR 0 0 0 0 EBL 1.5 1232 .385* 981 {.417}* EBT 1.5 4800 443 .277 1020 .417 EBR 2 3200 1265 .395 1368 .428 WBL 0 0 0 0 WBT 0 0 0 0 WBR 0 0 0 0 Right Turn Adjustment EBR .011* TOTAL CAPACITY UTILIZATION .703 .746 A-101 10. Jamboree & Bayview Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 119 .074 57 .036 NBT 4 6400 1760 .284* 1650 .266* NBR 0 0 56 51 SBL 1 1600 79 .049* 191 .119* SBT 4 6400 1658 .259 2111 .330 SBR 1 1600 269 .168 81 .051 EBL 2 3200 34 .011 162 .051* EBT 1 1600 12 .008* 11 AV EBR 1 1600 42 .026 226 .141 WBL 1 1600 17 .011* 37 .023 WBT 1 1600 4 .003 3 .002* WBR 1 1600 79 .049 130 .081 Right Turn Adjustment WBR .004* EBR .070* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 119 .V4* 57 .036 NBT 4 6400 1888 .304 1818 .292* NBR 0 0 56 51 SBL 1 1600 79 .049 191 .119* SBT 4 6400 1824 .285* 2291 .358 SBR 1 1600 269 .168 81 .051 EBL 2 3200 34 .011 162 .051* EBT 1 1600 12 .008* 11 AV EBR 1 1600 42 .026 226 .141 WBL 1 1600 17 .011* 37 .023 WBT 1 1600 4 .003 3 .002* WBR 1 1600 79 .049 130 .081 Right Turn Adjustment EBR .071* TOTAL CAPACITY UTILIZATION .356 .508 TOTAL CAPACITY UTILIZATION .378 .535 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 119 .074* 57 .036 NBT 4 6400 1918 .308 1875 .301* NBR 0 0 56 51 SBL 1 1600 79 .049 191 .119* SBT 4 6400 1876 .293* 2316 .362 SBR 1 1600 269 .168 81 .051 EBL 2 3200 34 .011 162 .051* EBT 1 1600 12 .008* 11 .007 EBR 1 1600 42 .026 226 .141 WBL 1 1600 17 .011* 37 .023 WBT 1 1600 4 .003 3 .002* WBR 1 1600 79 .049 130 .081 Right Turn Adjustment EBR .067* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 119 .074 57 .036 NBT 4 6400 2061 .331* 1925 .309* NBR 0 0 56 51 SBL 1 1600 79 .049* 191 .119* SBT 4 6400 1875 .293 2468 .386 SBR 1 1600 269 .168 81 .051 EBL 2 3200 34 .011 162 .051* EBT 1 1600 12 .008* 11 .007 EBR 1 1600 42 .026 226 .141 WBL 1 1600 17 .011* 37 .023 WBT 1 1600 4 .003 3 .002* WBR 1 1600 79 .049 130 .081 Right Turn Adjustment WBR .004* EBR .079* TOTAL CAPACITY UTILIZATION .386 .540 TOTAL CAPACITY UTILIZATION .403 560 A-102 10. Jamboree & Bayview Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 119 .074 57 .036 NBT 4 6400 2091 .335* 1982 .318* NBR 0 0 56 51 SBL 1 1600 79 .049* 191 .119* SBT 4 6400 1927 .301 2493 .390 SBR 1 1600 269 .168 81 .051 EBL 2 3200 34 .011 162 .051* EBT 1 1600 12 .008* 11 AV EBR 1 1600 42 .026 226 .141 WBL 1 1600 17 .011* 37 .023 WBT 1 1600 4 .003 3 .002* WBR 1 1600 79 .049 130 .081 Right Turn Adjustment WBR .004* EBR .076* TOTAL CAPACITY UTILIZATION .407 .566 A-103 11. Jamboree & University Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 71 .044 38 .024* NBT 3 4800 1457 .304* 1386 .289 NBR 1 1600 190 .119 254 .159 SBL 2 3200 61 .019* 155 .048 SBT 3 4800 1295 .270 1896 .395* SBR 1 1600 313 .196 426 .266 EBL 1.5 393 223 EBT 0.5 3200 108 .157* 102 .102* EBR f 33 26 WBL 1.5 295 216 WBT 1.5 4800 158 .094* 129 .072* WBR f 165 93 Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 71 .044 38 .024* NBT 3 4800 1570 .327* 1544 .322 NBR 1 1600 191 .119 261 .163 SBL 2 3200 61 .019* 157 .049 SBT 3 4800 1447 .301 2060 .429* SBR 1 1600 313 .196 426 .266 EBL 1.5 393 223 EBT 0.5 3200 109 .157* 102 .102* EBR f 33 26 WBL 1.5 296 224 WBT 1.5 4800 159 .095* 129 .074* WBR f 169 95 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .574 .593 TOTAL CAPACITY UTILIZATION .598 .629 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 71 .044* 38 .024* NBT 3 4800 1600 .333 1601 .334 NBR 1 1600 196 .123 263 .164 SBL 2 3200 61 .019 157 .049 SBT 3 4800 1499 .312* 2085 .434* SBR 1 1600 313 .196 426 .266 EBL 1.5 393 223 EBT 0.5 3200 109 .157* 102 .102* EBR f 33 26 WBL 1.5 296 226 WBT 1.5 4800 159 .095* 129 .074* WBR f 169 95 Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 71 .044 38 .024* NBT 3 4800 1743 .363* 1651 .344 NBR 1 1600 266 .166 309 .193 SBL 2 3200 61 .019* 157 .049 SBT 3 4800 1498 .312 2237 .466* SBR 1 1600 313 .196 426 .266 EBL 1.5 393 223 EBT 0.5 3200 109 .157* 102 .102* EBR f 33 26 WBL 1.5 318 .099 304 .095* WBT 1.5 4800 159 .099* 129 .081 WBR f 169 95 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .608 .634 TOTAL CAPACITY UTILIZATION .638 687 A-104 11. Jamboree & University Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 71 .044 38 .024* NBT 3 4800 1773 .369* 1708 .356 NBR 1 1600 271 .169 311 .194 SBL 2 3200 61 .019* 157 .049 SBT 3 4800 1550 .323 2262 .471* SBR 1 1600 313 .196 426 .266 EBL 1.5 393 223 EBT 0.5 3200 109 .157* 102 .102* EBR f 33 26 WBL 1.5 318 .099 306 .096* WBT 1.5 4800 159 .099* 129 .081 WBR f 169 95 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .644 .693 A-105 12. Jamboree & Bison Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 3 4800 1346 .322* 1669 .376* NBR 0 0 201 138 SBL 2 3200 196 .061* 181 .057* SBT 3 4800 1601 .334 2003 .417 SBR 1 1600 196 .123 118 .074 EBL 1 1600 116 .073* 67 .042 EBT 0 0 0 0 EBR f 71 35 WBL 2 3200 144 .045 273 .085* WBT 0 0 0 0 WBR 2 3200 175 .055 191 .060 Right Turn Adjustment WBR .009* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 3 4800 1444 .343* 1824 .409* NBR 0 0 202 141 SBL 2 3200 200 .063* 196 .061* SBT 3 4800 1750 .365 2155 .449 SBR 1 1600 196 .123 118 .074 EBL 1 1600 116 .073* 67 .042 EBT 0 0 0 1 EBR f 71 35 WBL 2 3200 145 .045 276 .086* WBT 0 0 0 0 WBR 2 3200 179 .056 194 .061 Right Turn Adjustment WBR .009* TOTAL CAPACITY UTILIZATION .465 .518 TOTAL CAPACITY UTILIZATION .488 .556 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 3 4800 1480 .352* 1883 .422* NBR 0 0 208 144 SBL 2 3200 200 .063* 196 .061* SBT 3 4800 1803 .376 2182 .455 SBR 1 1600 196 .123 118 .074 EBL 1 1600 116 .073* 67 .042 EBT 0 0 0 1 EBR f 71 35 WBL 2 3200 146 .046 281 .088* WBT 0 0 0 0 WBR 2 3200 179 .056 194 .061 Right Turn Adjustment WBR .009* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 3 4800 1656 .387* 1956 .437� NBR 0 0 202 141 SBL 2 3200 211 .066* 233 .073* SBT 3 4800 1812 .378 2375 .495 SBR 1 1600 196 .123 118 .074 EBL 1 1600 116 .073* 67 .042 EBT 0 0 0 1 EBR f 71 35 WBL 2 3200 145 .045 276 .086* WBT 0 0 0 0 WBR 2 3200 216 .068 217 .068 Right Turn Adjustment WBR .018* TOTAL CAPACITY UTILIZATION .497 .571 TOTAL CAPACITY UTILIZATION .544 596 A-106 12. Jamboree & Bison Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 3 4800 1692 .396* 2015 .450* NBR 0 0 208 144 SBL 2 3200 211 .066* 233 .073* SBT 3 4800 1865 .389 2402 .500 SBR 1 1600 196 .123 118 .074 EBL 1 1600 116 . M* 67 .042 EBT 0 0 0 1 EBR f 71 35 WBL 2 3200 146 .046 281 .088* WBT 0 0 0 0 WBR 2 3200 216 .068 217 .068 Right Turn Adjustment WBR .018* TOTAL CAPACITY UTILIZATION .553 .611 A-107 13. Jamboree & Ford Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 364 .114* 362 .113* NBT 3 4800 1300 .291 1785 .415 NBR 0 0 98 208 SBL 1 1600 61 .038 44 .028 SBT 3 4800 1541 .321* 2132 .444* SBR 1 1600 167 .104 49 .031 EBL 1.5 232 66 .041 EBT 1.5 4800 239 .098* 212 .066* EBR f 271 255 WBL 1.5 131 .082 181 WBT 1.5 4800 358 .112* 157 .070* WBR 1 1600 33 .021 35 .022 Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 367 .115* 366 .114* NBT 3 4800 1405 .313 1955 .452 NBR 0 0 99 213 SBL 1 1600 61 .038 45 .028 SBT 3 4800 1691 .352* 2289 .477* SBR 1 1600 168 .105 49 .031 EBL 1.5 233 66 .041 EBT 1.5 4800 244 .099* 212 .066* EBR f 274 259 WBL 1.5 133 .083 185 WBT 1.5 4800 368 .115* 157 .071* WBR 1 1600 34 .021 35 .022 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .645 .693 TOTAL CAPACITY UTILIZATION .681 .728 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 367 .115* 366 .114* NBT 3 4800 1447 .322 2017 .465 NBR 0 0 99 213 SBL 1 1600 61 .038 45 .028 SBT 3 4800 1745 .364* 2321 .484* SBR 1 1600 168 .105 49 .031 EBL 1.5 233 66 .041 EBT 1.5 4800 244 .099* 212 .066* EBR f 274 239 WBL 1.5 133 .083 185 WBT 1.5 4800 368 .115* 157 .071* WBR 1 1600 34 .021 35 .022 Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 376 .118* 371 .116* NBT 3 4800 1595 .356 2074 .486 NBR 0 0 112 257 SBL 1 1600 67 .042 67 .042 SBT 3 4800 1747 .364* 2487 .518* SBR 1 1600 168 .105 49 .031 EBL 1.5 233 66 .041 EBT 1.5 4800 259 .103* 266 .083* EBR f 277 268 WBL 1.5 177 .111 210 WBT 1.5 4800 419 .131* 190 .083* WBR 1 1600 56 .035 48 .030 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .693 .735 TOTAL CAPACITY UTILIZATION .716 800 A-108 13. Jamboree & Ford Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 376 .118* 371 .116* NBT 3 4800 1637 .364 2136 .499 NBR 0 0 112 257 SBL 1 1600 67 .042 67 .042 SBT 3 4800 1801 .375* 2519 .525* SBR 1 1600 168 .105 49 .031 EBL 1.5 233 66 .041 EBT 1.5 4800 259 .103* 266 .083* EBR f 277 268 WBL 1.5 177 .111 210 WBT 1.5 4800 419 .131* 190 .083* WBR 1 1600 56 .035 48 .030 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .727 .807 A-109 14. Jamboree & San Joaquin Hills Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 41 .026 67 .042 NBT 3 4800 1143 .238* 1598 .333* NBR f 129 135 SBL 2 3200 665 .208* 443 .138* SBT 3 4800 1227 .256 1855 .386 SBR f 37 117 EBL 1.5 258 .081* 162 .051* EBT 1.5 4800 33 .021 34 .021 EBR f 59 57 WBL 1.5 128 .040* 189 .059* WBT 1.5 4800 12 .008 39 .024 WBR 1 1600 42 .026 67 .042 Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 41 .026 68 .043 NBT 3 4800 1253 .261* 1760 .367* NBR f 134 145 SBL 2 3200 670 .209* 472 .148* SBT 3 4800 1407 .293 2012 .419 SBR f 37 117 EBL 1.5 258 .081* 163 .051* EBT 1.5 4800 33 .021 39 .024 EBR f 59 57 WBL 1.5 144 .045* 205 .064* WBT 1.5 4800 12 .008 39 .024 WBR 1 1600 54 .034 112 .070 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .567 .581 TOTAL CAPACITY UTILIZATION .596 .630 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 41 .026 68 .043 NBT 3 4800 1253 .261* 1760 .367* NBR f 134 145 SBL 2 3200 724 .226* 504 .158* SBT 3 4800 1407 .293 2012 .419 SBR f 37 117 EBL 1.5 258 .081* 163 .051* EBT 1.5 4800 33 .021 39 .024 EBR f 59 57 WBL 1.5 144 .045* 205 .064* WBT 1.5 4800 12 .008 39 .024 WBR 1 1600 96 .060 174 .109 Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 41 .026 68 .043 NBT 3 4800 1431 .298* 1908 .398* NBR f 134 145 SBL 2 3200 679 .212* 510 .159* SBT 3 4800 1501 .313 2206 .460 SBR f 37 117 EBL 1.5 258 .081* 163 .051* EBT 1.5 4800 33 .021 39 .024 EBR f 59 57 WBL 1.5 144 .045* 205 .064* WBT 1.5 4800 12 .008 39 .024 WBR 1 1600 88 .055 132 .083 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .613 .640 TOTAL CAPACITY UTILIZATION .636 672 A-110 14. Jamboree & San Joaquin Hills Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 41 .026 68 .043 NBT 3 4800 1431 .298* 1908 .398* NBR f 134 145 SBL 2 3200 733 .229* 542 .169* SBT 3 4800 1501 .313 2206 .460 SBR f 37 117 EBL 1.5 258 .081* 163 .051* EBT 1.5 4800 33 .021 39 .024 EBR f 59 57 WBL 1.5 144 .045* 205 .064* WBT 1.5 4800 12 .008 39 .024 WBR 1 1600 130 .081 194 .121 Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .653 .682 A-111 15. Jamboree & Santa Barbara Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 6 .004 9 .006* NBT 3 4800 1225 .255* 1118 .233 NBR 1 1600 323 .202 119 .074 SBL 2 3200 560 . M* 291 .091 SBT 3 4800 809 .169 1781 .371* SBR 1 1600 23 .014 28 .018 EBL 1 1600 62 .039* 26 .016* EBT 1 1600 3 .007 8 .008 EBR 0 0 8 4 WBL 1.5 51 307 WBT 0.5 3200 2 .017* 5 .098* WBR 1 1600 93 .058 662 .414 Right Turn Adjustment WBR .208* Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 6 .004 9 .006* NBT 3 4800 1315 .274* 1242 .259 NBR 1 1600 323 .202 120 .075 SBL 2 3200 574 .M* 295 .092 SBT 3 4800 941 .196 1911 .398* SBR 1 1600 24 .015 34 .021 EBL 1 1600 68 .043* 28 .018* EBT 1 1600 3 .007 9 .008 EBR 0 0 8 4 WBL 1.5 52 308 WBT 0.5 3200 2 .017* 6 .098* WBR 1 1600 98 .061 669 .418 Right Turn Adjustment WBR .211* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .486 .699 TOTAL CAPACITY UTILIZATION .513 .731 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 6 .004 9 .006* NBT 3 4800 1315 .274* 1242 .259 NBR 1 1600 324 .203 126 .079 SBL 2 3200 574 .179* 295 .092 SBT 3 4800 941 .196 1911 .398* SBR 1 1600 24 .015 34 .021 EBL 1 1600 68 .043* 28 .018* EBT 1 1600 3 .007 9 .008 EBR 0 0 8 4 WBL 1.5 69 313 WBT 0.5 3200 2 .022* 6 .100* WBR 1 1600 98 .061 669 .418 Right Turn Adjustment WBR .209* Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 6 .004 9 .006* NBT 3 4800 1493 .311* 1390 .290 NBR 1 1600 323 .202 120 .075 SBL 2 3200 574 .179* 295 .092 SBT 3 4800 1035 .216 2105 .439* SBR 1 1600 24 .015 34 .021 EBL 1 1600 68 .043* 28 .018* EBT 1 1600 3 .007 9 .008 EBR 0 0 8 4 WBL 1.5 52 308 WBT 0.5 3200 2 .017* 6 .098* WBR 1 1600 98 .061 669 .418 Right Turn Adjustment WBR .204* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .518 .731 TOTAL CAPACITY UTILIZATION .550 765 A-112 15. Jamboree & Santa Barbara Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 6 .004 9 .006* NBT 3 4800 1493 .311* 1390 .290 NBR 1 1600 324 .203 126 .079 SBL 2 3200 574 .M* 295 .092 SBT 3 4800 1035 .216 2105 .439* SBR 1 1600 24 .015 34 .021 EBL 1 1600 68 .043* 28 .018* EBT 1 1600 3 .007 9 .008 EBR 0 0 8 4 WBL 1.5 69 313 WBT 0.5 3200 2 .022* 6 .100* WBR 1 1600 98 .061 669 .418 Right Turn Adjustment WBR .202* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .555 .765 A-113 16. Jamboree & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 20 .013 37 .023 NBT 2 3200 374 .146* 265 .113* NBR 0 0 94 96 SBL 1 1600 137 .086* 176 .110* SBT 2 3200 206 .064 431 .135 SBR f 758 1453 EBL 3 4800 1228 .256* 778 .162* EBT 4 6400 1808 .285 1635 .259 EBR 0 0 13 25 WBL 2 3200 94 .029 202 .063 WBT 4 6400 1069 .167* 1952 .305* WBR f 89 169 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 20 .013 38 .024 NBT 2 3200 375 .147* 266 .114* NBR 0 0 94 98 SBL 1 1600 147 .092* 189 .118* SBT 2 3200 207 .065 434 .136 SBR f 880 1571 EBL 3 4800 1314 .274* 887 .185* EBT 4 6400 1900 .299 1719 .273 EBR 0 0 14 25 WBL 2 3200 94 .029 205 .064 WBT 4 6400 1134 .177* 2068 .323* WBR f 89 173 TOTAL CAPACITY UTILIZATION .655 .690 TOTAL CAPACITY UTILIZATION .690 .740 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 20 .013 38 .024 NBT 2 3200 375 .147* 266 .114* NBR 0 0 94 98 SBL 1 1600 147 .092* 189 .118* SBT 2 3200 207 .065 434 .136 SBR f 897 1576 EBL 3 4800 1315 .274* 893 .186* EBT 4 6400 1929 .304 1726 .274 EBR 0 0 14 25 WBL 2 3200 94 .029 205 .064 WBT 4 6400 1149 .180* 2099 .328* WBR f 89 173 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 20 .013 38 .024 NBT 2 3200 375 .147* 266 .114* NBR 0 0 94 98 SBL 1 1600 197 .123* 358 .224* SBT 2 3200 207 .065 434 .136 SBR f 924 1596 EBL 3 4800 1327 .276* 931 .194* EBT 4 6400 2007 .316 2065 .327 EBR 0 0 14 25 WBL 2 3200 94 .029 205 .064 WBT 4 6400 1440 .225* 2281 .356* WBR f 254 277 TOTAL CAPACITY UTILIZATION .693 .746 TOTAL CAPACITY UTILIZATION .771 888 A-114 16. Jamboree & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 20 .013 38 .024 NBT 2 3200 375 .147* 266 .114* NBR 0 0 94 98 SBL 1 1600 197 .123* 358 .224* SBT 2 3200 207 .065 434 .136 SBR f 941 1601 EBL 3 4800 1328 .277* 937 .195* EBT 4 6400 2036 .320 2072 .328 EBR 0 0 14 25 WBL 2 3200 94 .029 205 .064 WBT 4 6400 1455 .227* 2312 .361* WBR f 254 277 TOTAL CAPACITY UTILIZATION .774 .894 A-115 17. MacArthur & Bison Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 197 .062 192 .060* NBT 4 6400 2466 .385* 2454 .383 NBR f 154 183 SBL 2 3200 76 .024* 224 .070 SBT 4 6400 2018 .315 2707 .423* SBR 1 1600 263 .164 321 .201 EBL 2 3200 224 .070 192 .060 EBT 2 3200 218 .068* 191 .060* EBR f 162 214 WBL 2 3200 383 .120* 363 .113* WBT 2 3200 217 .068 266 .083 WBR 1 1600 94 .059 141 .088 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 198 .062 196 .061* NBT 4 6400 2542 .397* 2542 .397 NBR f 154 184 SBL 2 3200 76 .024* 224 .070 SBT 4 6400 2081 .325 2802 .438* SBR 1 1600 266 .166 335 .209 EBL 2 3200 229 .072 198 .062 EBT 2 3200 219 .068* 191 .060* EBR f 163 216 WBL 2 3200 384 .120* 363 .113* WBT 2 3200 218 .068 267 .083 WBR 1 1600 95 .059 141 .088 TOTAL CAPACITY UTILIZATION .597 .656 TOTAL CAPACITY UTILIZATION .609 .672 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 198 .062 196 .061* NBT 4 6400 2567 .401* 2605 .407 NBR f 162 205 SBL 2 3200 76 .024* 224 .070 SBT 4 6400 2142 .335 2823 .441* SBR 1 1600 266 .166 335 .209 EBL 2 3200 229 .072 198 .062 EBT 2 3200 225 .070* 194 .061* EBR f 163 216 WBL 2 3200 404 .126* 369 .115* WBT 2 3200 219 .068 272 .085 WBR 1 1600 95 .059 141 .088 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 198 .062 196 .061* NBT 4 6400 2693 .421* 2635 .412 NBR f 154 184 SBL 2 3200 80 .025* 239 .075 SBT 4 6400 2126 .332 2957 .462* SBR 1 1600 266 .166 335 .209 EBL 2 3200 229 .072 198 .062 EBT 2 3200 230 .072* 228 .071* EBR f 163 216 WBL 2 3200 384 .120* 363 .113* WBT 2 3200 255 .080 290 .091 WBR 1 1600 110 .069 150 .094 TOTAL CAPACITY UTILIZATION .621 .678 TOTAL CAPACITY UTILIZATION .638 707 A-116 17. MacArthur & Bison Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 198 .062 196 .061* NBT 4 6400 2718 .425* 2698 .422 NBR f 162 205 SBL 2 3200 80 .025* 239 .075 SBT 4 6400 2187 .342 2978 .465* SBR 1 1600 266 .166 335 .209 EBL 2 3200 229 . M 198 .062 EBT 2 3200 236 .074* 231 .072* EBR f 163 216 WBL 2 3200 404 .126* 369 .115* WBT 2 3200 256 .080 295 .092 WBR 1 1600 110 .069 150 .094 TOTAL CAPACITY UTILIZATION .650 .713 A-117 18. MacArthur & Ford/Bonita Canyon Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 107 .033 61 .019 NBT 4 6400 1918 .300* 2348 .367* NBR f 83 468 SBL 2 3200 529 .165* 774 .242* SBT 4 6400 1923 .300 2328 .364 SBR f 13 49 EBL 2 3200 39 .012 27 .008 EBT 2 3200 266 .083* 299 .093* EBR 1 1600 121 .076 61 .038 WBL 2 3200 552 .173* 232 .073* WBT 2 3200 323 .101 280 .088 WBR f 900 480 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 108 .034 63 .020 NBT 4 6400 1979 .309* 2436 .381* NBR f 87 481 SBL 2 3200 529 .165* 775 .242* SBT 4 6400 1992 .311 2420 .378 SBR f 13 50 EBL 2 3200 40 .013 27 .008 EBT 2 3200 267 .083* 300 .094* EBR 1 1600 123 .077 62 .039 WBL 2 3200 561 .175* 243 .076* WBT 2 3200 323 .101 281 .088 WBR f 901 480 TOTAL CAPACITY UTILIZATION .721 .775 TOTAL CAPACITY UTILIZATION .732 .793 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 108 .034 63 .020 NBT 4 6400 2013 .315* 2520 .394* NBR f 92 483 SBL 2 3200 529 .165* 775 .242* SBT 4 6400 2072 .324 2448 .383 SBR f 13 50 EBL 2 3200 40 .013 27 .008 EBT 2 3200 267 .083* 300 .094* EBR 1 1600 123 .077 62 .039 WBL 2 3200 561 .175* 245 .077* WBT 2 3200 323 .101 281 .088 WBR f 901 480 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 108 .034 63 .020 NBT 4 6400 2090 .327* 2506 .392* NBR f 159 556 SBL 2 3200 540 .169* 815 .255* SBT 4 6400 2026 .317 2535 .396 SBR f 13 50 EBL 2 3200 40 .013 27 .008 EBT 2 3200 282 .088* 354 .111* EBR 1 1600 123 .077 62 .039 WBL 2 3200 625 .195* 318 .099* WBT 2 3200 441 .138 352 .110 WBR f 941 503 TOTAL CAPACITY UTILIZATION .738 .807 TOTAL CAPACITY UTILIZATION .779 857 A-118 18. MacArthur & Ford/Bonita Canyon Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 108 .034 63 .020 NBT 4 6400 2124 .332* 2590 .405* NBR f 164 558 SBL 2 3200 540 .169* 815 .255* SBT 4 6400 2106 .329 2563 .400 SBR f 13 50 EBL 2 3200 40 .013 27 .008 EBT 2 3200 282 .088* 354 .111* EBR 1 1600 123 .077 62 .039 WBL 2 3200 625 .195* 320 .100* WBT 2 3200 441 .138 352 .110 WBR f 941 503 TOTAL CAPACITY UTILIZATION .784 .871 A-119 19. MacArthur & San Joaquin Hills Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 133 .042* 111 .035 NBT 3 4800 1327 .276 1879 .391* NBR 1 1600 192 .120 26 .016 SBL 2 3200 272 .085 498 .156* SBT 3 4800 1761 .367* 1882 .392 SBR f 487 248 EBL 2 3200 449 .140* 551 .172* EBT 3 4800 105 .030 348 .106 EBR 0 0 37 163 WBL 1 1600 9 .006 47 .029 WBT 2 3200 322 .101* 306 .096* WBR f 419 525 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 143 .045* 122 .038 NBT 3 4800 1376 .287 1965 .409* NBR 1 1600 192 .120 26 .016 SBL 2 3200 275 .086 503 .157* SBT 3 4800 1843 .384* 1954 .407 SBR f 494 263 EBL 2 3200 453 .142* 579 .181* EBT 3 4800 108 .030 350 .107 EBR 0 0 37 163 WBL 1 1600 9 .006 47 .029 WBT 2 3200 329 .103* 313 .098* WBR f 419 525 TOTAL CAPACITY UTILIZATION .650 .815 TOTAL CAPACITY UTILIZATION .674 .845 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 143 .045* 122 .038 NBT 3 4800 1376 .287 1965 .409* NBR 1 1600 192 .120 26 .016 SBL 2 3200 275 .086 503 .157* SBT 3 4800 1843 .384* 1954 .407 SBR f 576 293 EBL 2 3200 493 .154* 666 .208* EBT 3 4800 108 .030 350 .107 EBR 0 0 37 163 WBL 1 1600 9 .006 47 .029 WBT 2 3200 329 .103* 313 .098* WBR f 419 525 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 143 .045* 122 .038 NBT 3 4800 1492 .311 2046 .426* NBR 1 1600 221 .138 128 .080 SBL 2 3200 291 .091 549 .172* SBT 3 4800 1897 .395* 2068 .431 SBR f 523 293 EBL 2 3200 481 .150* 611 .191* EBT 3 4800 126 .034 418 .121 EBR 0 0 37 163 WBL 1 1600 97 .061 115 .072 WBT 2 3200 392 .123* 353 .110* WBR f 459 556 TOTAL CAPACITY UTILIZATION .686 .872 TOTAL CAPACITY UTILIZATION .713 899 A-120 19. MacArthur & San Joaquin Hills Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 143 .045* 122 .038 NBT 3 4800 1492 .311 2046 .426* NBR 1 1600 221 .138 128 .080 SBL 2 3200 291 .091 549 .172* SBT 3 4800 1897 .395* 2068 .431 SBR f 605 323 EBL 2 3200 521 .163* 698 .218* EBT 3 4800 126 .034 418 .121 EBR 0 0 37 163 WBL 1 1600 97 .061 115 .072 WBT 2 3200 392 .123* 353 .110* WBR f 459 556 Exist + Growth + Appr + Cumul + Project w/Mitigation AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 143 .045* 122 .038 NBT 3 4800 1492 .311 2046 .426* NBR 1 1600 221 .138 128 .080 SBL 2 3200 291 .091 549 .172* SBT 3 4800 1897 .395* 2068 .431 SBR f 605 323 EBL 3 4800 521 .109* 698 .145* EBT 3 4800 126 .034 418 .121 EBR 0 0 37 163 WBL 1 1600 97 .061 115 .072 WBT 2 3200 392 .123* 353 .110* WBR f 459 556 TOTAL CAPACITY UTILIZATION .726 .926 TOTAL CAPACITY UTILIZATION .672 .853 A-121 20. MacArthur & San Miguel Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 87 .027 98 .031* NBT 3 4800 1514 .315* 1000 .208 NBR 1 1600 282 .176 278 .174 SBL 2 3200 7 .002* 9 .003 SBT 3 4800 1209 .252 1500 .313* SBR 1 1600 549 .343 508 .318 EBL 2 3200 86 .027 909 .284* EBT 2 3200 73 .033* 472 .196 EBR 0 0 31 154 WBL 2 3200 224 .070* 217 .068 WBT 2 3200 164 .063 232 .082* WBR 0 0 38 29 Right Turn Adjustment SBR .023* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 87 .027 100 .031* NBT 3 4800 1567 .326* 1039 .216 NBR 1 1600 282 .176 278 .174 SBL 2 3200 9 .003* 13 .004 SBT 3 4800 1247 .260 1549 .323* SBR 1 1600 551 .344 511 .319 EBL 2 3200 88 .028 916 .286* EBT 2 3200 75 .033* 484 .203 EBR 0 0 31 164 WBL 2 3200 224 .070* 217 .068 WBT 2 3200 165 .063 244 .085* WBR 0 0 38 29 Right Turn Adjustment SBR .012* TOTAL CAPACITY UTILIZATION .443 .710 TOTAL CAPACITY UTILIZATION .444 .725 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 88 .028 104 .033* NBT 3 4800 1567 .326* 1039 .216 NBR 1 1600 282 .176 278 .174 SBL 2 3200 9 .003* 13 .004 SBT 3 4800 1247 .260 1549 .323* SBR 1 1600 551 .344 511 .319 EBL 2 3200 88 .028 916 .286* EBT 2 3200 75 .037* 490 .205 EBR 0 0 42 167 WBL 2 3200 224 .070* 217 .068 WBT 2 3200 172 .066 237 .083* WBR 0 0 38 29 Right Turn Adjustment SBR .012* TOTAL CAPACITY UTILIZATION .448 .725 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 124 .039 122 .038* NBT 3 4800 1712 .357* 1222 .255 NBR 1 1600 282 .176 278 .174 SBL 2 3200 9 .003* 13 .004 SBT 3 4800 1389 .289 1731 .361* SBR 1 1600 551 .344 511 .319 EBL 2 3200 88 .028 916 .286* EBT 2 3200 75 .037* 484 .214 EBR 0 0 43 201 WBL 2 3200 224 .070* 217 .068 WBT 2 3200 165 .063 244 .085* WBR 0 0 38 29 TOTAL CAPACITY UTILIZATION .467 .770 A-122 20. MacArthur & San Miguel Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 125 .039 126 .039* NBT 3 4800 1712 .357* 1222 .255 NBR 1 1600 282 .176 278 .174 SBL 2 3200 9 .003* 13 .004 SBT 3 4800 1389 .289 1731 .361* SBR 1 1600 551 .344 511 .319 EBL 2 3200 88 .028 916 .286* EBT 2 3200 75 .040* 490 .217 EBR 0 0 54 204 WBL 2 3200 224 .070* 217 .068 WBT 2 3200 172 .066 237 .083* WBR 0 0 38 29 TOTAL CAPACITY UTILIZATION .470 .769 A-123 21. MacArthur & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 571 .178* 829 .259* SBT 0 0 0 0 SBR f 337 1003 EBL 2 3200 954 .298* 515 .161* EBT 3 4800 888 .185 1349 .281 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1099 .229* 1058 .220* WBR f 887 871 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 590 .184* 858 .268* SBT 0 0 0 0 SBR f 348 1033 EBL 2 3200 988 .309* 535 .167* EBT 3 4800 921 .192 1397 .291 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1141 .238* 1096 .228* WBR f 917 900 TOTAL CAPACITY UTILIZATION .705 .640 TOTAL CAPACITY UTILIZATION .731 .663 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 601 .188* 861 .269* SBT 0 0 0 0 SBR f 348 1033 EBL 2 3200 988 .309* 535 .167* EBT 3 4800 923 .192 1412 .294 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1159 .241* 1094 .228* WBR f 918 904 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 640 .200* 992 .310* SBT 0 0 0 0 SBR f 450 1119 EBL 2 3200 1036 .324* 654 .204* EBT 3 4800 1029 .214 1791 .373 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1508 .314* 1327 .276* WBR f 1052 986 TOTAL CAPACITY UTILIZATION .738 .664 TOTAL CAPACITY UTILIZATION .838 790 A-124 21. MacArthur & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 651 .203* 995 .311* SBT 0 0 0 0 SBR f 450 1119 EBL 2 3200 1036 .324* 654 .204* EBT 3 4800 1031 .215 1806 .376 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1526 .318* 1325 .276* WBR f 1053 990 TOTAL CAPACITY UTILIZATION .845 .791 A-125 22. Santa Cruz & San Joaquin Hills Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 60 .019* 413 .129* NBT 1 1600 2 .008 12 .035 NBR 0 0 10 44 SBL 1 1600 21 .013 22 .014 SBT 2 3200 11 .007* 5 .003* SBR 0 0 23 .014 45 .028 EBL 1 1600 30 .019 55 .034* EBT 3 4800 494 .150* 324 .101 EBR 0 0 224 199 .124 WBL 1 1600 181 .113* 54 .034 WBT 3 4800 286 .065 495 .111* WBR 0 0 28 37 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 61 .019* 413 .129* NBT 1 1600 2 .008 12 .035 NBR 0 0 11 44 SBL 1 1600 21 .013 23 .014 SBT 2 3200 12 .008* 5 .003* SBR 0 0 23 .014 45 .028 EBL 1 1600 30 .019 55 .034* EBT 3 4800 495 .150* 324 .101 EBR 0 0 224 200 .125 WBL 1 1600 182 .114* 54 .034 WBT 3 4800 286 .065 496 .111* WBR 0 0 28 37 TOTAL CAPACITY UTILIZATION .289 .277 TOTAL CAPACITY UTILIZATION .291 .277 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 96 .030* 427 .133* NBT 1 1600 2 .008 12 .035 NBR 0 0 11 44 SBL 1 1600 21 .013 23 .014 SBT 2 3200 12 .008* 5 .003* SBR 0 0 23 .014 45 .028 EBL 1 1600 30 .019 55 .034* EBT 3 4800 544 .161* 334 .104 EBR 0 0 229 222 .139 WBL 1 1600 182 .114* 54 .034 WBT 3 4800 293 .067 544 .121* WBR 0 0 28 37 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 61 .019* 413 .129* NBT 1 1600 2 .008 12 .035 NBR 0 0 11 44 SBL 1 1600 31 .019 32 .020 SBT 2 3200 12 .008* 5 .003* SBR 0 0 23 .014 45 .028 EBL 1 1600 30 .019 55 .034* EBT 3 4800 504 .152* 362 .113 EBR 0 0 224 200 .125 WBL 1 1600 182 .114* 54 .034 WBT 3 4800 320 .074 516 .117* WBR 0 0 35 47 TOTAL CAPACITY UTILIZATION .313 .291 TOTAL CAPACITY UTILIZATION .293 283 A-126 22. Santa Cruz & San Joaquin Hills Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 2 3200 96 .030* 427 .133* NBT 1 1600 2 .008 12 .035 NBR 0 0 11 44 SBL 1 1600 31 .019 32 .020 SBT 2 3200 12 .008* 5 .003* SBR 0 0 23 .014 45 .028 EBL 1 1600 30 .019 55 .034* EBT 3 4800 553 .163* 372 .116 EBR 0 0 229 222 .139 WBL 1 1600 182 .114* 54 .034 WBT 3 4800 327 .V5 564 .M* WBR 0 0 35 47 TOTAL CAPACITY UTILIZATION .315 .297 A-127 23. Santa Rosa & San Joaquin Hills Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 35 .022 167 .104* NBT 1 1600 6 .004* 28 .018 NBR 1 1600 67 .042 372 .233 SBL 1 1600 66 .041* 67 .042 SBT 1 1600 13 .008 7 .004* SBR 1 1600 36 .023 24 .015 EBL 1 1600 33 .021 36 .023 EBT 3 4800 253 .079* 597 .144* EBR 0 0 142 .089 96 WBL 2 3200 531 .166* 250 .078* WBT 3 4800 445 .104 244 .069 WBR 0 0 56 86 Right Turn Adjustment NBR .108* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 46 .029 175 .109* NBT 1 1600 6 .004* 28 .018 NBR 1 1600 70 .044 398 .249 SBL 1 1600 66 .041* 67 .042 SBT 1 1600 13 .008 7 .004* SBR 1 1600 36 .023 24 .015 EBL 1 1600 34 .021 36 .023 EBT 3 4800 258 .081* 602 .148* EBR 0 0 149 .093 106 WBL 2 3200 538 .168* 274 .086* WBT 3 4800 463 .108 269 .074 WBR 0 0 56 86 Right Turn Adjustment NBR .113* TOTAL CAPACITY UTILIZATION .290 .438 TOTAL CAPACITY UTILIZATION .294 .460 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 53 .033 223 .139* NBT 1 1600 6 .004* 28 .018 NBR 1 1600 99 .062 409 .256 SBL 1 1600 66 .041* 67 .042 SBT 1 1600 13 .008 7 .004* SBR 1 1600 36 .023 24 .015 EBL 1 1600 34 .021 36 .023 EBT 3 4800 258 .081* 602 .150* EBR 0 0 198 .124 116 WBL 2 3200 542 .169* 288 .090* WBT 3 4800 463 .108 269 .074 WBR 0 0 56 86 Right Turn Adjustment EBR .015* NBR .087* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 46 .029 175 .109* NBT 1 1600 6 .004* 28 .018 NBR 1 1600 81 .051 440 .275 SBL 1 1600 81 .051* 79 .049 SBT 1 1600 13 .008 7 .004* SBR 1 1600 36 .023 24 .015 EBL 1 1600 34 .021 36 .023 EBT 3 4800 277 .087* 649 .157* EBR 0 0 149 .093 106 WBL 2 3200 577 .180* 299 .093* WBT 3 4800 504 .119 299 .083 WBR 0 0 67 100 Right Turn Adjustment NBR .141* TOTAL CAPACITY UTILIZATION .310 .470 TOTAL CAPACITY UTILIZATION .322 504 A-128 23. Santa Rosa & San Joaquin Hills Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 53 .033 223 .139* NBT 1 1600 6 .004* 28 .018 NBR 1 1600 110 .069 451 .282 SBL 1 1600 81 .051* 79 .049 SBT 1 1600 13 .008 7 .004* SBR 1 1600 36 .023 24 .015 EBL 1 1600 34 .021 36 .023 EBT 3 4800 277 .087* 649 .159* EBR 0 0 198 .124 116 WBL 2 3200 581 .182* 313 .098* WBT 3 4800 504 .119 299 .083 WBR 0 0 67 100 Right Turn Adjustment EBR .002* NBR .114* TOTAL CAPACITY UTILIZATION .326 .514 A-129 24. San Miguel & San Joaquin Hills Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 2 .001 11 .007 NBT 2 3200 229 .100* 499 .222* NBR 0 0 91 210 SBL 1 1600 67 .042* 85 .053* SBT 2 3200 316 .131 241 .106 SBR 0 0 102 97 EBL 2 3200 214 .067 514 .161* EBT 3 4800 492 .107* 431 .093 EBR 0 0 23 14 WBL 1 1600 213 .133* 264 .165 WBT 3 4800 663 .151 784 .177* WBR 0 0 60 67 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 2 .001 11 AV NBT 2 3200 229 .100* 505 .226* NBR 0 0 91 218 SBL 1 1600 67 .042* 85 .053* SBT 2 3200 316 .131 249 .108 SBR 0 0 102 97 EBL 2 3200 214 .067 514 .161* EBT 3 4800 493 .108* 431 .093 EBR 0 0 23 14 WBL 1 1600 215 .134* 272 .170 WBT 3 4800 663 .151 784 .177* WBR 0 0 60 67 TOTAL CAPACITY UTILIZATION .382 .613 TOTAL CAPACITY UTILIZATION .384 .617 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 2 .001 11 .007 NBT 2 3200 229 .100* 514 .228* NBR 0 0 90 215 SBL 1 1600 67 .042* 85 .053* SBT 2 3200 325 .133 248 .108 SBR 0 0 102 97 EBL 2 3200 214 .067 514 .161* EBT 3 4800 493 .108* 431 .093 EBR 0 0 23 14 WBL 1 1600 213 .133* 266 .166 WBT 3 4800 663 .151 784 .177* WBR 0 0 60 67 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 2 .001 11 .007 NBT 2 3200 229 .100* 505 .226* NBR 0 0 91 218 SBL 1 1600 67 .042* 85 .053* SBT 2 3200 316 .131 249 .108 SBR 0 0 102 97 EBL 2 3200 214 .067* 514 .161* EBT 3 4800 556 .121 647 .138 EBR 0 0 23 14 WBL 1 1600 215 .134 272 .170 WBT 3 4800 854 .190* 921 .206* WBR 0 0 60 67 TOTAL CAPACITY UTILIZATION .383 .619 TOTAL CAPACITY UTILIZATION .399 646 A-130 24. San Miguel & San Joaquin Hills Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 2 .001 11 .007 NBT 2 3200 229 .100* 514 .228* NBR 0 0 90 215 SBL 1 1600 67 .042* 85 .053* SBT 2 3200 325 .133 248 .108 SBR 0 0 102 97 EBL 2 3200 214 .067* 514 .161* EBT 3 4800 556 .121 647 .138 EBR 0 0 23 14 WBL 1 1600 213 .133 266 .166 WBT 3 4800 854 .190* 921 .206* WBR 0 0 60 67 TOTAL CAPACITY UTILIZATION .399 .648 A-131 25. Avocado & San Miguel Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 123 .077 176 .110* NBT 1 1600 148 .093* 60 .038 NBR 1 1600 121 .076 655 .409 SBL 1 1600 51 .032* 222 .139 SBT 1 1600 51 .032 129 .081* SBR 1 1600 16 .010 21 .013 EBL 1 1600 7 .004 182 .114* EBT 2 3200 148 .063* 444 .169 EBR 0 0 53 98 WBL 1 1600 467 .292* 174 .109 WBT 2 3200 435 .194 492 .178* WBR 0 0 187 76 Right Turn Adjustment NBR .265* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 123 .077 176 .110* NBT 1 1600 148 .093* 60 .038 NBR 1 1600 121 .076 655 .409 SBL 1 1600 51 .032* 222 .139 SBT 1 1600 51 .032 129 .081* SBR 1 1600 16 .010 21 .013 EBL 1 1600 7 .004 182 .114* EBT 2 3200 148 .063* 466 .176 EBR 0 0 53 98 WBL 1 1600 467 .292* 174 .109 WBT 2 3200 435 .194 508 .183* WBR 0 0 187 76 Right Turn Adjustment NBR .266* TOTAL CAPACITY UTILIZATION .480 .748 TOTAL CAPACITY UTILIZATION .480 .754 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 123 .077 176 .110* NBT 1 1600 197 .123* 70 .044 NBR 1 1600 121 .076 655 .409 SBL 1 1600 52 .033* 232 .145 SBT 1 1600 58 .036 177 .111* SBR 1 1600 16 .010 21 .013 EBL 1 1600 7 .004 182 .114* EBT 2 3200 158 .066* 467 .177 EBR 0 0 53 98 WBL 1 1600 467 .292* 174 .109 WBT 2 3200 434 .197 502 .181* WBR 0 0 197 78 Right Turn Adjustment NBR .244* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 123 .077 176 .110* NBT 1 1600 148 .093* 60 .038 NBR 1 1600 121 .076 655 .409 SBL 1 1600 51 .032* 222 .139 SBT 1 1600 51 .032 129 .081* SBR 1 1600 16 .010 21 .013 EBL 1 1600 7 .004 182 .114* EBT 2 3200 160 .067* 503 .188 EBR 0 0 53 98 WBL 1 1600 467 .292* 174 .109 WBT 2 3200 472 .206 530 .189* WBR 0 0 187 76 Right Turn Adjustment NBR .271* TOTAL CAPACITY UTILIZATION .514 .760 TOTAL CAPACITY UTILIZATION .484 765 A-132 25. Avocado & San Miguel Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 123 .077 176 .110* NBT 1 1600 197 .123* 70 .044 NBR 1 1600 121 .076 655 .409 SBL 1 1600 52 .033* 232 .145 SBT 1 1600 58 .036 177 .111* SBR 1 1600 16 .010 21 .013 EBL 1 1600 7 .004 182 .114* EBT 2 3200 170 .070* 504 .188 EBR 0 0 53 98 WBL 1 1600 467 .292* 174 .109 WBT 2 3200 471 .209 524 .188* WBR 0 0 197 78 Right Turn Adjustment NBR .247* TOTAL CAPACITY UTILIZATION .518 .770 A-133 26. Superior/Balboa & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1.5 202 261 NBT 1.5 4800 327 .129* 209 .111* NBR 0 89 65 SBL 1.5 170 163 SBT 1.5 4800 122 .061* 237 .083* SBR 2 3200 187 .058 738 .231 EBL 2 3200 988 .309 255 .080* EBT 3 4800 2242 .467* 1169 .244 EBR 1 1600 238 .149 225 .141 WBL 1 1600 61 .038* 147 .092 WBT 4 6400 582 .121 2165 .359* WBR 0 0 206 .129 134 Right Turn Adjustment SBR .088* Note: Assumes N/S Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1.5 203 261 NBT 1.5 4800 357 .135* 218 .114* NBR 0 89 66 SBL 1.5 170 163 SBT 1.5 4800 128 .062* 269 .090* SBR 2 3200 207 .065 868 .271 EBL 2 3200 1111 .347 293 .092* EBT 3 4800 2377 .495* 1248 .260 EBR 1 1600 238 .149 228 .143 WBL 1 1600 61 .038* 147 .092 WBT 4 6400 633 .131 2314 .383* WBR 0 0 206 134 Right Turn Adjustment SBR .112* Note: Assumes N/S Split Phasing TOTAL CAPACITY UTILIZATION .695 .721 TOTAL CAPACITY UTILIZATION .730 .791 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1.5 203 261 NBT 1.5 4800 357 .135* 218 .114* NBR 0 89 66 SBL 1.5 170 163 SBT 1.5 4800 128 .062* 269 .090* SBR 2 3200 207 .065 868 .271 EBL 2 3200 1111 .347 293 .092* EBT 3 4800 2388 .498* 1256 .262 EBR 1 1600 238 .149 228 .143 WBL 1 1600 61 .038* 147 .092 WBT 4 6400 651 .134 2329 .385* WBR 0 0 206 134 Right Turn Adjustment SBR .112* Note: Assumes N/S Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1.5 203 261 NBT 1.5 4800 371 .138* 233 .117* NBR 0 89 66 SBL 1.5 193 242 SBT 1.5 4800 134 .068* 297 .112* SBR 2 3200 230 .072 982 .307 EBL 2 3200 1167 .365 354 .111* EBT 3 4800 2423 .505* 1406 .293 EBR 1 1600 238 .149 228 .143 WBL 1 1600 61 .038* 147 .092 WBT 4 6400 788 .164 2409 .405* WBR 0 0 282 .176 181 Right Turn Adjustment SBR .112* Note: Assumes N/S Split Phasing TOTAL CAPACITY UTILIZATION .733 .793 TOTAL CAPACITY UTILIZATION .749 857 A-134 26. Superior/Balboa & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1.5 203 261 NBT 1.5 4800 371 .138* 233 .117* NBR 0 89 66 SBL 1.5 193 242 SBT 1.5 4800 134 .068* 297 .112* SBR 2 3200 230 .072 982 .307 EBL 2 3200 1167 .365 354 .111* EBT 3 4800 2434 .507* 1414 .295 EBR 1 1600 238 .149 228 .143 WBL 1 1600 61 .038* 147 .092 WBT 4 6400 806 .168 2424 .407* WBR 0 0 282 .176 181 Right Turn Adjustment SBR .112* Note: Assumes N/S Split Phasing TOTAL CAPACITY UTILIZATION .751 .859 A-135 27. Newport & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 384 .120* 617 .193* SBT 0 0 0 0 SBR 1 1600 269 .168 470 .294 EBL 0 0 0 0 EBT 2 3200 2075 .648* 1267 .396* EBR f 487 267 WBL 0 0 0 0 WBT 3 4800 979 .204 1848 .385 WBR f 370 563 Right Turn Adjustment SBR .093* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 409 .128* 728 .228* SBT 0 0 0 0 SBR 1 1600 313 .196 510 .319 EBL 0 0 0 0 EBT 2 3200 2140 .669* 1375 .430* EBR f 506 282 WBL 0 0 0 0 WBT 3 4800 1035 .216 1917 .399 WBR f 381 580 Right Turn Adjustment SBR .068* TOTAL CAPACITY UTILIZATION .768 .682 TOTAL CAPACITY UTILIZATION .797 .726 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 419 .131* 732 .229* SBT 0 0 0 0 SBR 1 1600 313 .196 510 .319 EBL 0 0 0 0 EBT 2 3200 2151 .672* 1383 .432* EBR f 506 282 WBL 0 0 0 0 WBT 3 4800 1053 .219 1932 .403 WBR f 381 580 Right Turn Adjustment SBR .068* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 426 .133* 813 .254* SBT 0 0 0 0 SBR 1 1600 313 .196 510 .319 EBL 0 0 0 0 EBT 2 3200 2207 .690* 1613 .504* EBR f 506 282 WBL 0 0 0 0 WBT 3 4800 1266 .264 2058 .429 WBR f 385 584 Right Turn Adjustment SBR .009* TOTAL CAPACITY UTILIZATION .803 .729 TOTAL CAPACITY UTILIZATION .823 767 A-136 27. Newport & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 436 .136* 817 .255* SBT 0 0 0 0 SBR 1 1600 313 .196 510 .319 EBL 0 0 0 0 EBT 2 3200 2218 .693* 1621 .507* EBR f 506 282 WBL 0 0 0 0 WBT 3 4800 1284 .268 2073 .432 WBR f 385 584 Right Turn Adjustment SBR .008* TOTAL CAPACITY UTILIZATION .829 .770 A-137 28. Riverside & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 2 1.0011* 26 NBT 1 1600 6 .005 7 .029* NBR 0 0 0 14 SBL 0 0 85 84 1.0521* SBT 1 1600 15 .063* 7 .057 SBR 1 1600 301 .188 433 .271 EBL 1 1600 280 .175 268 .168* EBT 2 3200 2094 .660* 1528 .484 EBR 0 0 18 21 WBL 1 1600 9 .006* 28 .018 WBT 3 4800 1232 .257 2430 .506* WBR 1 1600 68 .043 65 .041 Right Turn Adjustment SBR .038* Note: Assumes Right -Turn Overlap for SBR Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 2 1.0011* 26 NBT 1 1600 6 .005 7 .029* NBR 0 0 0 14 SBL 0 0 87 86 1.0541* SBT 1 1600 15 .064* 7 .058 SBR 1 1600 301 .188 433 .271 EBL 1 1600 280 .175 268 .168* EBT 2 3200 2272 .716* 1770 .560 EBR 0 0 18 21 WBL 1 1600 9 .006* 28 .018 WBT 3 4800 1410 .294 2658 .554* WBR 1 1600 69 .043 68 .043 Right Turn Adjustment SBR .036* Note: Assumes Right -Turn Overlap for SBR TOTAL CAPACITY UTILIZATION .730 .793 TOTAL CAPACITY UTILIZATION .787 .841 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 2 1.0011* 26 NBT 1 1600 6 .005 7 .029* NBR 0 0 0 14 SBL 0 0 87 86 1.0541* SBT 1 1600 15 .064* 7 .058 SBR 1 1600 301 .188 433 .271 EBL 1 1600 280 .175 268 .168* EBT 2 3200 2294 .723* 1783 .564 EBR 0 0 18 21 WBL 1 1600 9 .006* 28 .018 WBT 3 4800 1436 .299 2685 .559* WBR 1 1600 69 .043 68 .043 Right Turn Adjustment SBR .036* Note: Assumes Right -Turn Overlap for SBR Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 2 1.0011* 26 NBT 1 1600 6 .005 7 .029* NBR 0 0 0 14 SBL 0 0 92 90 1.0561* SBT 1 1600 15 .067* 7 .061 SBR 1 1600 301 .188 433 .271 EBL 1 1600 280 . M 268 .168* EBT 2 3200 2361 .743* 2097 .662 EBR 0 0 18 21 WBL 1 1600 9 .006* 28 .018 WBT 3 4800 1687 .351 2849 .594* WBR 1 1600 73 .046 72 .045 Right Turn Adjustment SBR .034* Note: Assumes Right -Turn Overlap for SBR TOTAL CAPACITY UTILIZATION .794 .846 TOTAL CAPACITY UTILIZATION .817 881 A-138 28. Riverside & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 2 1.0011* 26 NBT 1 1600 6 .005 7 .029* NBR 0 0 0 14 SBL 0 0 92 90 1.0561* SBT 1 1600 15 .067* 7 .061 SBR 1 1600 301 .188 433 .271 EBL 1 1600 280 .175 268 .168* EBT 2 3200 2383 .750* 2110 .666 EBR 0 0 18 21 WBL 1 1600 9 .006* 28 .018 WBT 3 4800 1713 .357 2876 .599* WBR 1 1600 73 .046 72 .045 Right Turn Adjustment SBR .034* Note: Assumes Right -Turn Overlap for SBR TOTAL CAPACITY UTILIZATION .824 .886 A-139 29. Tustin & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 1 1.0011* NBT 1 1600 0 .000 0 .004 NBR 0 0 0 6 SBL 0 0 36 45 SBT 1 1600 0 .033* 0 .053* SBR 0 0 16 40 EBL 1 1600 27 .017 32 .020* EBT 2 3200 2241 .700* 1548 .486 EBR 0 0 0 7 WBL 1 1600 1 .001* 0 .000 WBT 3 4800 1236 .258 2462 .513* WBR 1 1600 39 .024 47 .029 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 1 1.0011* NBT 1 1600 0 .000 0 .004 NBR 0 0 0 6 SBL 0 0 36 45 SBT 1 1600 0 .033* 0 .053* SBR 0 0 16 40 EBL 1 1600 27 .017 32 .020* EBT 2 3200 2417 .755* 1701 .534 EBR 0 0 0 7 WBL 1 1600 1 .001* 0 .000 WBT 3 4800 1340 .279 2663 .555* WBR 1 1600 39 .024 47 .029 TOTAL CAPACITY UTILIZATION .734 .587 TOTAL CAPACITY UTILIZATION .789 .629 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 1 1.0011* NBT 1 1600 0 .000 0 .004 NBR 0 0 0 6 SBL 0 0 36 45 SBT 1 1600 0 .033* 0 .053* SBR 0 0 16 40 EBL 1 1600 27 .017 32 .020* EBT 2 3200 2439 .762* 1714 .538 EBR 0 0 0 7 WBL 1 1600 1 .001* 0 .000 WBT 3 4800 1366 .285 2690 .560* WBR 1 1600 39 .024 47 .029 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 1 1.0011* NBT 1 1600 0 .000 0 .004 NBR 0 0 0 6 SBL 0 0 36 45 SBT 1 1600 0 .033* 0 .053* SBR 0 0 16 40 EBL 1 1600 27 .017 32 .020 EBT 2 3200 2511 .785* 2033 .638* EBR 0 0 0 7 WBL 1 1600 1 .001* 0 .000 WBT 3 4800 1620 .338 2860 .596 WBR 1 1600 39 .024 47 .029 TOTAL CAPACITY UTILIZATION .796 .634 TOTAL CAPACITY UTILIZATION .819 692 A-140 29. Tustin & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 1 1.0011* NBT 1 1600 0 .000 0 .004 NBR 0 0 0 6 SBL 0 0 36 45 SBT 1 1600 0 .033* 0 .053* SBR 0 0 16 40 EBL 1 1600 27 .017 32 .020 EBT 2 3200 2533 .792* 2046 .642* EBR 0 0 0 7 WBL 1 1600 1 .001* 0 .000 WBT 3 4800 1646 .343 2887 .601 WBR 1 1600 39 .024 47 .029 TOTAL CAPACITY UTILIZATION .826 .696 A-141 30. Dover & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 15 .009 36 .023 NBT 2 3200 38 .018* 49 .026* NBR 0 0 21 34 SBL 3 4800 821 .171* 1058 .220* SBT 1 1600 31 .019 77 .048 SBR 1 1600 124 .078 175 .109 EBL 2 3200 143 .045 133 .042* EBT 3 4800 2251 .475* 1457 .312 EBR 0 0 27 40 WBL 1 1600 16 .010* 55 .034 WBT 3 4800 1207 .251 2178 .454* WBR f 497 1108 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 15 .009 36 .023 NBT 2 3200 38 .018* 49 .026* NBR 0 0 21 34 SBL 3 4800 826 .172* 1071 .223* SBT 1 1600 31 .019 77 .048 SBR 1 1600 142 .089 203 . M EBL 2 3200 157 .049 170 .053* EBT 3 4800 2386 .503* 1582 .338 EBR 0 0 27 40 WBL 1 1600 16 .010* 55 .034 WBT 3 4800 1295 .270 2325 .484* WBR f 506 1118 TOTAL CAPACITY UTILIZATION .674 .742 TOTAL CAPACITY UTILIZATION .703 .786 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 15 .009 36 .023 NBT 2 3200 38 .018* 49 .026* NBR 0 0 21 34 SBL 3 4800 835 .174* 1072 .223* SBT 1 1600 31 .019 77 .048 SBR 1 1600 142 .089 203 .127 EBL 2 3200 157 .049 170 .053* EBT 3 4800 2408 .507* 1595 .341 EBR 0 0 27 40 WBL 1 1600 16 .010* 55 .034 WBT 3 4800 1321 .275 2352 .490* WBR f 512 1128 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 15 .009 36 .023 NBT 2 3200 38 .018* 49 .026* NBR 0 0 21 34 SBL 3 4800 854 .178* 1154 .240* SBT 1 1600 31 .019 77 .048 SBR 1 1600 142 .089 203 .127 EBL 2 3200 157 .049 170 .053* EBT 3 4800 2480 .522* 1914 .407 EBR 0 0 27 40 WBL 1 1600 16 .010* 55 .034 WBT 3 4800 1575 .328 2522 .525* WBR f 586 1169 TOTAL CAPACITY UTILIZATION .709 .792 TOTAL CAPACITY UTILIZATION .728 844 A-142 30. Dover & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 15 .009 36 .023 NBT 2 3200 38 .018* 49 .026* NBR 0 0 21 34 SBL 3 4800 863 .180* 1155 .241* SBT 1 1600 31 .019 77 .048 SBR 1 1600 142 .089 203 .127 EBL 2 3200 157 .049 170 .053* EBT 3 4800 2502 .527* 1927 .410 EBR 0 0 27 40 WBL 1 1600 16 .010* 55 .034 WBT 3 4800 1601 .334 2549 .531* WBR f 592 1179 TOTAL CAPACITY UTILIZATION .735 .851 A-143 31. Bayside & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 2.5 394 477 NBT 0.5 4800 17 .093* 17 .109* NBR 0 35 29 SBL 1 1600 19 .012 27 .017 SBT 1 1600 9 .017* 11 .026* SBR 0 0 18 30 EBL 1 1600 26 .016 48 .030* EBT 3 4800 2800 .583* 1947 .406 EBR 1 1600 344 .215 424 .265 WBL 1 1600 62 .039* 74 .046 WBT 4 6400 1407 .222 3026 .477* WBR 0 0 14 29 Note: Assumes NIS Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 2.5 397 482 NBT 0.5 4800 17 .094* 17 .110* NBR 0 36 29 SBL 1 1600 63 .039* 98 .061* SBT 1 1600 9 .028 11 .044 SBR 0 0 36 59 EBL 1 1600 61 .038 74 .046* EBT 3 4800 2946 .614* 2083 .434 EBR 1 1600 346 .216 431 .269 WBL 1 1600 62 .039* 74 .046 WBT 4 6400 1502 .237 3203 .505* WBR 0 0 14 29 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .732 .642 TOTAL CAPACITY UTILIZATION .786 .722 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 2.5 397 482 NBT 0.5 4800 17 .094* 17 .110* NBR 0 36 29 SBL 1 1600 63 .039* 98 .061* SBT 1 1600 9 .028 11 .044 SBR 0 0 36 59 EBL 1 1600 61 .038 74 .046* EBT 3 4800 2977 .620* 2096 .437 EBR 1 1600 346 .216 431 .269 WBL 1 1600 62 .039* 74 .046 WBT 4 6400 1534 .242 3240 .511* WBR 0 0 14 29 Note: Assumes NIS Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 2.5 397 482 NBT 0.5 4800 17 .094* 17 .110* NBR 0 36 29 SBL 1 1600 68 .043* 102 .064* SBT 1 1600 9 .028 11 .044 SBR 0 0 36 59 EBL 1 1600 61 .038 74 .046* EBT 3 4800 3062 .638* 2468 .514 EBR 1 1600 346 .216 431 .269 WBL 1 1600 62 .039* 74 .046 WBT 4 6400 1849 .292 3437 .542* WBR 0 0 18 33 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .792 .728 TOTAL CAPACITY UTILIZATION .814 762 A-144 31. Bayside & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 2.5 397 482 NBT 0.5 4800 17 .094* 17 .110* NBR 0 36 29 SBL 1 1600 68 .043* 102 .064* SBT 1 1600 9 .028 11 .044 SBR 0 0 36 59 EBL 1 1600 61 .038 74 .046* EBT 3 4800 3093 .644* 2481 .517 EBR 1 1600 346 .216 431 .269 WBL 1 1600 62 .039* 74 .046 WBT 4 6400 1881 .297 3474 .548* WBR 0 0 18 33 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .820 .768 A-145 32. Newport Center & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 46 .014* 141 .044* SBT 0 0 0 0 SBR f 82 539 EBL 2 3200 263 .082 307 .096* EBT 3 4800 1642 .342* 1567 .326 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1222 .255 1881 .392* WBR f 225 160 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 46 .014* 144 .045* SBT 0 0 0 0 SBR f 91 570 EBL 2 3200 268 .084 320 .100* EBT 3 4800 1697 .354* 1627 .339 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1274 .265 1944 .405* WBR f 226 166 TOTAL CAPACITY UTILIZATION .356 .532 TOTAL CAPACITY UTILIZATION .368 .550 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 44 .014* 135 .042* SBT 0 0 0 0 SBR f 102 572 EBL 2 3200 268 .084 321 .100* EBT 3 4800 1726 .360* 1633 .340 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1278 .266 1973 .411* WBR f 223 154 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 46 .014* 144 .045* SBT 0 0 0 0 SBR f 91 570 EBL 2 3200 268 .084* 320 .100* EBT 3 4800 1853 .386 2140 .446 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1743 .363* 2261 .471* WBR f 226 166 TOTAL CAPACITY UTILIZATION .374 .553 TOTAL CAPACITY UTILIZATION .461 616 A-146 32. Newport Center & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 0 0 NBT 0 0 0 0 NBR 0 0 0 0 SBL 2 3200 44 .014* 135 .042* SBT 0 0 0 0 SBR f 102 572 EBL 2 3200 268 .084* 321 .100* EBT 3 4800 1882 .392 2146 .447 EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 4800 1747 .364* 2290 .477* WBR f 223 154 TOTAL CAPACITY UTILIZATION .462 .619 A-147 33. Avocado & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 1 1600 78 .049 109 .068* NBT 1 1600 106 .066* 90 .056 NBR 1 1600 121 .076 163 .102 SBL 1.5 50 300 SBT 0.5 3200 43 .029* 130 .134* SBR f 50 275 EBL 1 1600 199 .124* 120 .075 EBT 3 4800 1233 .267 1494 .326* EBR 0 0 48 70 WBL 1 1600 95 .059 119 .074* WBT 3 4800 1126 .M* 1365 .309 WBR 0 0 177 119 Note: Assumes NIS Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 1 1600 78 .049 109 .068* NBT 1 1600 106 .066* 90 .056 NBR 1 1600 121 .076 163 .102 SBL 1.5 50 300 SBT 0.5 3200 43 .029* 130 .134* SBR f 50 276 EBL 1 1600 199 .124* 120 .075 EBT 3 4800 1288 .278 1564 .341* EBR 0 0 48 71 WBL 1 1600 95 .059 119 .074* WBT 3 4800 1186 .284* 1427 .322 WBR 0 0 177 119 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .490 .602 TOTAL CAPACITY UTILIZATION .503 .617 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 1 1600 78 .049 109 .068* NBT 1 1600 106 .066* 90 .056 NBR 1 1600 121 .076 163 .102 SBL 1.5 53 319 SBT 0.5 3200 43 .030* 130 .140* SBR f 54 305 EBL 1 1600 228 .143* 126 .079 EBT 3 4800 1287 .278 1560 .340* EBR 0 0 48 71 WBL 1 1600 95 .059 119 .074* WBT 3 4800 1184 .288* 1421 .322 WBR 0 0 197 123 Note: Assumes NIS Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 1 1600 78 .049 109 .068* NBT 1 1600 106 .066* 90 .056 NBR 1 1600 121 .076 163 .102 SBL 1.5 50 300 SBT 0.5 3200 43 .029* 130 .134* SBR f 50 276 EBL 1 1600 199 .124* 120 .075 EBT 3 4800 1444 .311 2077 .448* EBR 0 0 48 71 WBL 1 1600 95 .059 119 .074* WBT 3 4800 1655 .382* 1744 .388 WBR 0 0 177 119 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .527 .622 TOTAL CAPACITY UTILIZATION .601 724 A-148 33. Avocado & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL VIC VOL VIC NBL 1 1600 78 .049 109 .068* NBT 1 1600 106 .066* 90 .056 NBR 1 1600 121 .076 163 .102 SBL 1.5 53 319 SBT 0.5 3200 43 .030* 130 .140* SBR f 54 305 EBL 1 1600 228 .143* 126 .079 EBT 3 4800 1443 .311 2073 .447* EBR 0 0 48 71 WBL 1 1600 95 .059 119 .074* WBT 3 4800 1653 .385* 1738 .388 WBR 0 0 197 123 Note: Assumes NIS Split Phasing TOTAL CAPACITY UTILIZATION .624 .729 A-149 34. Goldenrod & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 106 110 1.0691* NBT 1 1600 0 .083* 0 .084 NBR 0 0 27 25 SBL 0 0 40 1.0251* 47 SBT 1 1600 5 .037 5 .047* SBR 0 0 14 23 EBL 1 1600 16 .010* 39 .024 EBT 2 3200 1132 .366 1717 .545* EBR 0 0 39 26 WBL 1 1600 44 .028 26 .016* WBT 2 3200 1935 .608* 1703 .536 WBR 0 0 11 13 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 106 110 1.0691* NBT 1 1600 0 .083* 0 .084 NBR 0 0 27 25 SBL 0 0 41 1.0261* 47 SBT 1 1600 5 .038 5 .047* SBR 0 0 14 23 EBL 1 1600 16 .010* 39 .024 EBT 2 3200 1183 .382 1794 .569* EBR 0 0 39 26 WBL 1 1600 44 .028 26 .016* WBT 2 3200 2022 .635* 1778 .560 WBR 0 0 11 13 TOTAL CAPACITY UTILIZATION .726 .677 TOTAL CAPACITY UTILIZATION .754 .701 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 106 110 1.0691* NBT 1 1600 0 .083* 0 .084 NBR 0 0 27 25 SBL 0 0 41 1.0261* 47 SBT 1 1600 5 .038 5 .047* SBR 0 0 14 23 EBL 1 1600 16 .010* 39 .024 EBT 2 3200 1197 .386 1812 .574* EBR 0 0 39 26 WBL 1 1600 44 .028 26 .016* WBT 2 3200 2041 .641* 1780 .560 WBR 0 0 11 13 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 106 110 1.0691* NBT 1 1600 0 .083* 0 .084 NBR 0 0 27 25 SBL 0 0 41 1.0261* 47 SBT 1 1600 5 .038 5 .047* SBR 0 0 14 23 EBL 1 1600 16 .010* 39 .024 EBT 2 3200 1342 .432 2321 .733* EBR 0 0 39 26 WBL 1 1600 44 .028 26 .016* WBT 2 3200 2524 .792* 2095 .659 WBR 0 0 11 13 TOTAL CAPACITY UTILIZATION .760 .706 TOTAL CAPACITY UTILIZATION .911 865 A-150 34. Goldenrod & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 106 110 1.0691* NBT 1 1600 0 .083* 0 .084 NBR 0 0 27 25 SBL 0 0 41 1.0261* 47 SBT 1 1600 5 .038 5 .047* SBR 0 0 14 23 EBL 1 1600 16 .010* 39 .024 EBT 2 3200 1356 .436 2339 .739* EBR 0 0 39 26 WBL 1 1600 44 .028 26 .016* WBT 2 3200 2543 .798* 2097 .659 WBR 0 0 11 13 TOTAL CAPACITY UTILIZATION .917 .871 A-151 35. Marguerite & Coast Hwy Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 120 .075* 94 .059* NBT 1 1600 73 .081 71 .092 NBR 0 0 56 76 SBL 1 1600 49 .031 92 .058 SBT 1 1600 67 .121* 84 .101* SBR 0 0 127 78 EBL 1 1600 48 .030* 55 .034 EBT 2 3200 1104 .345 1687 .527* EBR 1 1600 81 .051 57 .036 WBL 1 1600 24 .015 63 .039* WBT 2 3200 1764 .562* 1366 .437 WBR 0 0 33 31 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 120 .075* 94 .059* NBT 1 1600 73 .081 71 .092 NBR 0 0 56 76 SBL 1 1600 49 .031 92 .058 SBT 1 1600 67 .121* 84 .101* SBR 0 0 127 78 EBL 1 1600 48 .030* 55 .034 EBT 2 3200 1153 .360 1761 .550* EBR 1 1600 81 .051 57 .036 WBL 1 1600 24 .015 63 .039* WBT 2 3200 1845 .587* 1428 .456 WBR 0 0 33 31 TOTAL CAPACITY UTILIZATION .788 .726 TOTAL CAPACITY UTILIZATION .813 .749 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 120 .075* 94 .059* NBT 1 1600 73 .081 71 .092 NBR 0 0 56 76 SBL 1 1600 49 .031 92 .058 SBT 1 1600 67 .121* 84 .101* SBR 0 0 127 78 EBL 1 1600 48 .030* 55 .034 EBT 2 3200 1167 .365 1779 .556* EBR 1 1600 81 .051 57 .036 WBL 1 1600 24 .015 63 .039* WBT 2 3200 1864 .593* 1430 .457 WBR 0 0 33 31 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 120 .075* 94 .059* NBT 1 1600 73 .081 71 .092 NBR 0 0 56 76 SBL 1 1600 52 .033 105 .066 SBT 1 1600 67 .121* 84 .101* SBR 0 0 127 78 EBL 1 1600 48 .030* 55 .034 EBT 2 3200 1312 .410 2288 .715* EBR 1 1600 81 .051 57 .036 WBL 1 1600 24 .015 63 .039* WBT 2 3200 2347 .748* 1745 .557 WBR 0 0 46 38 TOTAL CAPACITY UTILIZATION .819 .755 TOTAL CAPACITY UTILIZATION .974 914 A-152 35. Marguerite & Coast Hwy Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 120 .075* 94 .059* NBT 1 1600 73 .081 71 .092 NBR 0 0 56 76 SBL 1 1600 52 .033 105 .066 SBT 1 1600 67 .121* 84 .101* SBR 0 0 127 78 EBL 1 1600 48 .030* 55 .034 EBT 2 3200 1326 .414 2306 . M* EBR 1 1600 81 .051 57 .036 WBL 1 1600 24 .015 63 .039* WBT 2 3200 2366 .754* 1747 .558 WBR 0 0 46 38 TOTAL CAPACITY UTILIZATION .980 .920 A-153 36. Newport Center & Santa Barbara Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 75 .047* 155 .097* NBT 2 3200 134 .042 102 .032 NBR 1 1600 14 .009 34 .021 SBL 1 1600 11 .007 42 .026 SBT 2 3200 76 .024* 180 .056* SBR 1 1600 39 .024 67 .042 EBL 1 1600 34 .021* 38 .024 EBT 2 3200 28 .018 97 .061* EBR 0 0 165 .103 132 .083 WBL 0 0 2 23 1.0141* WBT 2 3200 5 .004* 44 .028 WBR 0 0 6 .004 24 Right Turn Adjustment EBR .044* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 75 .047* 155 .097* NBT 2 3200 134 .042 102 .032 NBR 1 1600 14 .009 34 .021 SBL 1 1600 11 .007 42 .026 SBT 2 3200 76 .024* 180 .056* SBR 1 1600 39 .024 67 .042 EBL 1 1600 34 .021* 38 .024 EBT 2 3200 28 .018 97 .061* EBR 0 0 165 .103 132 .083 WBL 0 0 2 23 1.0141* WBT 2 3200 5 .004* 44 .028 WBR 0 0 6 .004 24 Right Turn Adjustment EBR .044* TOTAL CAPACITY UTILIZATION .140 .228 TOTAL CAPACITY UTILIZATION .140 .228 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 75 .047* 155 .097* NBT 2 3200 134 .042 102 .032 NBR 1 1600 14 .009 34 .021 SBL 1 1600 11 .007 42 .026 SBT 2 3200 76 .024* 180 .056* SBR 1 1600 39 .024 67 .042 EBL 1 1600 34 .021* 38 .024 EBT 2 3200 30 .019 106 .066* EBR 0 0 165 .103 132 .083 WBL 0 0 2 23 1.0141* WBT 2 3200 6 .004* 53 .031 WBR 0 0 6 24 Right Turn Adjustment EBR .044* Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 75 .047* 155 .097* NBT 2 3200 134 .042 102 .032 NBR 1 1600 14 .009 34 .021 SBL 1 1600 11 .007 42 .026 SBT 2 3200 76 .024* 180 .056* SBR 1 1600 39 .024 67 .042 EBL 1 1600 34 .021* 38 .024 EBT 2 3200 28 .018 97 .061* EBR 0 0 165 .103 132 .083 WBL 0 0 2 23 1.0141* WBT 2 3200 5 .004* 44 .028 WBR 0 0 6 .004 24 Right Turn Adjustment EBR .044* TOTAL CAPACITY UTILIZATION .140 .233 TOTAL CAPACITY UTILIZATION .140 228 A-154 36. Newport Center & Santa Barbara Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 75 .047* 155 .097* NBT 2 3200 134 .042 102 .032 NBR 1 1600 14 .009 34 .021 SBL 1 1600 11 .007 42 .026 SBT 2 3200 76 .024* 180 .056* SBR 1 1600 39 .024 67 .042 EBL 1 1600 34 .021* 38 .024 EBT 2 3200 30 .019 106 .066* EBR 0 0 165 .103 132 .083 WBL 0 0 2 23 1.0141* WBT 2 3200 6 .004* 53 .031 WBR 0 0 6 24 Right Turn Adjustment EBR .044* TOTAL CAPACITY UTILIZATION .140 .233 A-155 37. Santa Cruz & Newport Center Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 10 1.0061* 50 1.0311* NBT 2 3200 32 .022 144 .086 NBR 0 0 27 80 SBL 1 1600 25 .016 32 .020 SBT 1 1600 85 .053* 120 .075* SBR 1 1600 56 .035 103 .064 EBL 1 1600 35 .022 91 .057 EBT 2 3200 60 .019* 102 .032* EBR 1 1600 22 .014 42 .026 WBL 1 1600 63 .039* 116 .073* WBT 2 3200 84 .026 102 .032 WBR 1 1600 34 .021 81 .051 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 10 1.0061* 50 1.0311* NBT 2 3200 32 .022 144 .086 NBR 0 0 27 80 SBL 1 1600 25 .016 32 .020 SBT 1 1600 85 .053* 120 .075* SBR 1 1600 56 .035 103 .064 EBL 1 1600 35 .022 91 .057 EBT 2 3200 60 .019* 102 .032* EBR 1 1600 22 .014 42 .026 WBL 1 1600 63 .039* 116 .073* WBT 2 3200 84 .026 102 .032 WBR 1 1600 34 .021 81 .051 TOTAL CAPACITY UTILIZATION .117 .211 TOTAL CAPACITY UTILIZATION .117 .211 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 10 1.0061* 50 1.0311* NBT 2 3200 33 .022 153 .088 NBR 0 0 27 80 SBL 1 1600 25 .016 32 .020 SBT 1 1600 87 .054* 129 .081* SBR 1 1600 56 .035 103 .064 EBL 1 1600 35 .022 91 .057 EBT 2 3200 60 .019* 102 .032* EBR 1 1600 22 .014 42 .026 WBL 1 1600 63 .039* 116 .073* WBT 2 3200 84 .026 102 .032 WBR 1 1600 34 .021 81 .051 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 10 1.0061* 50 1.0311* NBT 2 3200 32 .022 144 .086 NBR 0 0 27 80 SBL 1 1600 25 .016 32 .020 SBT 1 1600 85 .053* 120 .075* SBR 1 1600 56 .035 103 .064 EBL 1 1600 35 .022 91 .057 EBT 2 3200 60 .019* 102 .032* EBR 1 1600 22 .014 42 .026 WBL 1 1600 63 .039* 116 .073* WBT 2 3200 84 .026 102 .032 WBR 1 1600 34 .021 81 .051 TOTAL CAPACITY UTILIZATION .118 .217 TOTAL CAPACITY UTILIZATION .117 211 A-156 37. Santa Cruz & Newport Center Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 0 0 10 1.0061* 50 1.0311* NBT 2 3200 33 .022 153 .088 NBR 0 0 27 80 SBL 1 1600 25 .016 32 .020 SBT 1 1600 87 .054* 129 .081* SBR 1 1600 56 .035 103 .064 EBL 1 1600 35 .022 91 .057 EBT 2 3200 60 .019* 102 .032* EBR 1 1600 22 .014 42 .026 WBL 1 1600 63 .039* 116 .073* WBT 2 3200 84 .026 102 .032 WBR 1 1600 34 .021 81 .051 TOTAL CAPACITY UTILIZATION .118 .217 A-157 38. Newport Center & Santa Rosa Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 31 .019 38 .024 NBT 2 3200 69 .022* 204 .064* NBR 1 1600 22 .014 36 .023 SBL 1 1600 87 .054* 80 .050* SBT 2 3200 183 .057 228 .071 SBR 1 1600 43 .027 84 .053 EBL 0 0 20 84 EBT 2 3200 39 .027* 67 .067* EBR 0 0 26 63 WBL 0.5 42 33 WBT 2 4000 87 .032* 102 .034* WBR 1 1600 145 .091 163 .102 Right Turn Adjustment WBR .018* WBR .030* Note: Assumes E/W Split Phasing Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 31 .019 38 .024 NBT 2 3200 69 .022* 204 .064* NBR 1 1600 22 .014 36 .023 SBL 1 1600 87 .054* 80 .050* SBT 2 3200 183 .057 228 .071 SBR 1 1600 43 .027 84 .053 EBL 0 0 20 84 EBT 2 3200 39 .027* 67 .067* EBR 0 0 26 63 WBL 0.5 42 33 WBT 2 4000 87 .032* 102 .034* WBR 1 1600 145 .091 163 .102 Right Turn Adjustment WBR .018* WBR .030* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .153 .245 TOTAL CAPACITY UTILIZATION .153 .245 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 31 .019* 38 .024 NBT 2 3200 75 .023 230 .072* NBR 1 1600 22 .014 36 .023 SBL 1 1600 87 .054 80 .050* SBT 2 3200 213 .067* 243 .076 SBR 1 1600 43 .027 84 .053 EBL 0 0 20 84 EBT 2 3200 34 .025* 42 .053* EBR 0 0 26 63 .039 WBL 0.5 42 33 WBT 2 4000 76 .030* 60 .023* WBR 1 1600 145 .091 163 .102 Right Turn Adjustment WBR .014* WBR .041* Note: Assumes E/W Split Phasing Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 31 .019 38 .024 NBT 2 3200 69 .022* 204 .064* NBR 1 1600 22 .014 36 .023 SBL 1 1600 87 .054* 80 .050* SBT 2 3200 183 .057 228 .071 SBR 1 1600 43 .027 84 .053 EBL 0 0 20 84 EBT 2 3200 50 .030* 109 .080* EBR 0 0 26 63 WBL 0.5 42 33 WBT 2 4000 126 .042* 127 .040* WBR 1 1600 145 .091 163 .102 Right Turn Adjustment WBR .008* WBR .024* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .155 .239 TOTAL CAPACITY UTILIZATION .156 258 A-158 38. Newport Center & Santa Rosa Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 31 .019* 38 .024 NBT 2 3200 75 .023 230 .072* NBR 1 1600 22 .014 36 .023 SBL 1 1600 87 .054 80 .050* SBT 2 3200 213 .067* 243 .076 SBR 1 1600 43 .027 84 .053 EBL 0 0 20 84 EBT 2 3200 45 .028* 84 .072* EBR 0 0 26 63 WBL 0.5 42 33 WBT 2 4000 115 .039* 85 .030* WBR 1 1600 145 .091 163 .102 Right Turn Adjustment WBR .005* WBR .034* Note: Assumes E/W Split Phasing TOTAL CAPACITY UTILIZATION .158 .258 A-159 39. Newport Center & San Miguel Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 98 .061* NBT 2 3200 147 .086* 98 .061 NBR 0 0 127 180 .113 SBL 0 0 55 1.0341* 104 SBT 2 3200 54 .041 174 .121* SBR 0 0 21 110 EBL 1 1600 13 .008 42 .026 EBT 2 3200 39 .012* 248 .078* EBR 1 1600 17 .011 100 .063 WBL 1 1600 132 .083* 243 .152* WBT 2 3200 138 .043 282 .088 WBR 1 1600 107 .067 160 .100 Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 98 .061* NBT 2 3200 147 .086* 98 .061 NBR 0 0 127 180 .113 SBL 0 0 55 1.0341* 104 SBT 2 3200 54 .041 174 .121* SBR 0 0 21 110 EBL 1 1600 13 .008 42 .026 EBT 2 3200 39 .012* 248 .078* EBR 1 1600 17 .011 100 .063 WBL 1 1600 132 .083* 243 .152* WBT 2 3200 138 .043 282 .088 WBR 1 1600 107 .067 160 .100 TOTAL CAPACITY UTILIZATION .215 .412 TOTAL CAPACITY UTILIZATION .215 .412 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 98 .061* NBT 2 3200 150 .087* 108 .068 NBR 0 0 127 180 .113 SBL 0 0 62 1.0391* 84 SBT 2 3200 64 .046 167 .113* SBR 0 0 21 110 EBL 1 1600 13 .008 42 .026 EBT 2 3200 41 .013* 264 .083* EBR 1 1600 17 .011 100 .063 WBL 1 1600 132 .083* 243 .152* WBT 2 3200 142 .044 296 .093 WBR 1 1600 101 .063 134 .084 Existing + Growth + Approved + Cumulative AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 98 .061* NBT 2 3200 147 .086* 98 .061 NBR 0 0 127 180 .113 SBL 0 0 55 1.0341* 104 SBT 2 3200 54 .041 174 .121* SBR 0 0 21 110 EBL 1 1600 13 .008 42 .026 EBT 2 3200 51 .016* 285 .089* EBR 1 1600 17 .011 100 .063 WBL 1 1600 132 .083* 243 .152* WBT 2 3200 175 .055 304 .095 WBR 1 1600 107 .067 160 .100 TOTAL CAPACITY UTILIZATION .222 .409 TOTAL CAPACITY UTILIZATION .219 423 A-160 39. Newport Center & San Miguel Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 48 .030 98 .061* NBT 2 3200 150 .087* 108 .068 NBR 0 0 127 180 .113 SBL 0 0 62 1.0391* 84 SBT 2 3200 64 .046 167 .113* SBR 0 0 21 110 EBL 1 1600 13 .008 42 .026 EBT 2 3200 53 .017* 301 .094* EBR 1 1600 17 .011 100 .063 WBL 1 1600 132 .083* 243 .152* WBT 2 3200 179 .056 318 .099 WBR 1 1600 101 .063 134 .084 TOTAL CAPACITY UTILIZATION .226 .420 A-161 40. Newport Center/Fashion Island & Newport Center Existing AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 167 .104* 143 .089* NBT 2 3200 58 .018 169 .053 NBR 1 1600 276 .173 119 .074 SBL 1 1600 4 .003 41 .026 SBT 2 3200 10 .003* 112 .036* SBR 0 0 1 3 EBL 1 1600 6 .004 22 .014 EBT 2 3200 98 .031* 105 .033* EBR 1 1600 125 .078 215 .134 WBL 1 1600 68 .043* WBT 2 3200 41 .013 WBR 1 1600 12 .008 Right Turn Adjustment NBR .037* 376 .235* 83 .026 52 .033 EBR .034* Existing + Regional Growth + Approved AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 167 .104* 143 .089* NBT 2 3200 58 .018 169 .053 NBR 1 1600 276 .173 119 .074 SBL 1 1600 4 .003 41 .026 SBT 2 3200 10 .003* 112 .036* SBR 0 0 1 3 EBL 1 1600 6 .004 22 .014 EBT 2 3200 98 .031* 105 .033* EBR 1 1600 125 .078 215 .134 WBL 1 1600 68 .043* 376 .235* WBT 2 3200 41 .013 83 .026 WBR 1 1600 12 .008 52 .033 Right Turn Adjustment NBR .037* EBR .034* TOTAL CAPACITY UTILIZATION .218 .427 TOTAL CAPACITY UTILIZATION .218 .427 Existing + Growth + Approved + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 167 .104* 143 .089* NBT 2 3200 60 .019 178 .056 NBR 1 1600 274 .171 111 .069 SBL 1 1600 4 .003 41 .026 SBT 2 3200 11 .004* 121 .039* SBR 0 0 1 3 EBL 1 1600 6 .004 22 .014 EBT 2 3200 98 .031* 105 .033* EBR 1 1600 125 .078 215 .134 WBL 1 1600 78 .049* 369 .231* WBT 2 3200 41 .013 83 .026 WBR 1 1600 12 .008 52 .033 Right Turn Adjustment NBR .029* EBR .034* Existing + Growth + Approved + Cumulative AM PK HOUR LANES CAPACITY VOL V/C NBL 1 1600 167 .104* NBT 2 3200 58 .018 NBR 1 1600 276 .M SBL 1 1600 4 .003 SBT 2 3200 10 .003* SBR 0 0 1 EBL 1 1600 6 .004 EBT 2 3200 98 .031* EBR 1 1600 125 .078 WBL 1 1600 68 .043* WBT 2 3200 41 .013 WBR 1 1600 12 .008 Right Turn Adjustment NBR .037* TOTAL CAPACITY UTILIZATION .217 .426 TOTAL CAPACITY UTILIZATION .218 PM PK HOUR VOL V/C 143 .089* 169 .053 119 .074 41 .026 112 .036* 3 22 .014 105 .033* 215 .134 376 .235* 83 .026 52 .033 EBR .034* 427 A-162 40. Newport Center/Fashion Island & Newport Center Existing + Growth + Approved + Cumulative + Project AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1600 167 .104* 143 .089* NBT 2 3200 60 .019 178 .056 NBR 1 1600 274 .171 111 .069 SBL 1 1600 4 .003 41 .026 SBT 2 3200 11 .004* 121 .039* SBR 0 0 1 3 EBL 1 1600 6 .004 22 .014 EBT 2 3200 98 .031* 105 .033* EBR 1 1600 125 .078 215 .134 WBL 1 1600 78 .049* 369 .231* WBT 2 3200 41 .013 83 .026 WBR 1 1600 12 .008 52 .033 Right Turn Adjustment NBR .029* EBR .034* TOTAL CAPACITY UTILIZATION .217 .426 A-163 FINAL City of Newport Beach NEWPORT CENTER TRIP TRANSFER TRAFFIC STUDY Prepared by: Austin -Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701-3161 (714)667-0496 November 7, 2007 City of Newport Beach NEWPORT CENTER TRIP TRANSFER TRAFFIC STUDY As part of the proposed North Newport Center Project, The Irvine Company is proposing to remove some existing and entitled uses in Block 600 and replace them with office uses in Block 500. As part of the proposed transfer of uses, The Irvine Company and the City wish to reserve 72,000 square feet of the converted uses for a new City Hall building in Block 500. The transfer of development rights within Newport Center is allowed in accordance with the City of Newport Beach General Plan Policy LU 6.14.3 provided the transfer will not result in any adverse traffic impacts. Austin -Foust Associates, Inc. (AFA) examined the conversion and transfer of the entitled uses into equivalent office uses on the basis of a PM peak hour trip generation equivalency basis. ANALYSIS The transfer involves existing uses including a health club, restaurant, and office as well as remaining, but as yet unused entitlement for hotel uses in Block 600, which will be replaced by office use in Block 500. The existing uses in Block 600 amount to 42,036 square feet (sf) of office, restaurant and health club uses. The unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 are to be replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall. The analysis is based upon use of the worst case PM peak hour trip rates. Rates for the analysis were taken from ITE's 7rh Edition Trip Generation publication. The trips generated by the uses proposed to be eliminated are calculated in Table 1. As indicated, the uses included as the basis of the proposed transfer are projected to generate 339 PM peak hour trips. A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of 1.5 trips per thousand square feet) leaving 231 trips, which can be allocated toward other uses. These 231 PM peak hour trips equate to 206,000± sf of office use based on a trip rate of 1.12 trips/TSF. The proposed project consists of 205,161 sf of office space in Block 500. Therefore, the total PM peak hour trip generation associated with the converted uses proposed for Block 500 would be 338 trips. Newport Center Trip Transfer 1 Austin -Foust Associates, Inc. Traffic Study 017080rpt.doc Table 1 CONVERTED USES Use (Entitled in Block 600) PM Peak Hour Rate PM Peak Trips Hotel 195 Rooms) — Unbuilt Entitlement 0.70 (ITE 310)' 136 Family Fitness 17,300* s — Existing 4.05 ITE 492 2 70 Palm Gardens 16,447* s — Existing 7.49 ITE 931 3 123 Eliminated Office (6,789* sf) — Existing 1.12 (ITE 710)4 8 Eliminated Office 1,500 s — Existing 1.12 ITE 710 4 2 TOTAL 339 Use (Proposed in Block 500 Office 205,161 s 1.12 ITE 710 4 230 City Hall 72,000 s 1.50 ITE 750 4 108 TOTAL 338 * Per building permit information. ' Hotel (rates applied for each occupied room) 2 Health Club (rates per TSF) 3 Quality Restaurant (rates per TSF) 4 Trip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rate based on the square footage increment (206 TSF) 5 Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip generation. Newport Center Trip Transfer 2 Austin -Foust Associates, Inc. Traffic Study 017080rpt.doc CONCLUSION In summary, it is concluded that the currently entitled uses in Block 600 Newport Center (i.e., 195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips projected to be generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the proposed transfer of development rights will not result in any adverse traffic impacts. Newport Center Trip Transfer 3 Austin -Foust Associates, Inc. Traffic Study 017080rpt.doc DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 26 of 41 EXHIBIT "B" GENERAL PLAN AMENDMENT 15-76 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 °ry n°°^ 4OOo C G� >B°O >° >> CO-G so o \ ti 6 <'OEI , JQQOO,QrPLAZp'O >SO> co- ,QS> P S �40 is U-M 4221 M -H2 4106 of NEWPORTPLACEDR 7MU-H2 1 MU-H2 QO GAT o BOW SPRIT DR s ryAA O ryA^^ry ry ry9^ry '1�^ rory 9 ry ry e�/ST $1 ry �P G � STO ` CG�. sT ry 2°� ryp�4 ry 2° ,p °>O' p°2 ryp 2491 2p'2 102 ' 2 S� 20 I Qv e 0 155 310 Feet :=°a.: NBGS PA2023-0040 General Plan Amendment NEWPORT BEACH 1401 Quail St City of Newport Beach GIS Division November 22, 2023 )A2023-0040 GP Amendment—d 15-77 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 27 of 41 EXHIBIT "C" PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT 15-78 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 °41 7 \ 411 may o`>/ '20 <Legend 011 Residential Overl; Newport Place Planned Community z S� 20 Qv Feet 2 0 PA2023-0040 PC-1 1 Newport Place Amendment 1401 Quail St QOoo NEWPORT PLACE OR �i BOW SPRIT DR O� 0p tiho �P� e' NBGS N E W P OR T BE A C H City of Newport Beach GIS Division November 22, 2023 15-79 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 28 of 41 1*:/:1111MIN DEVELOPMENT AGREEMENT 15-80 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663-3884 Attn: City Clerk (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT between CITY OF NEWPORT BEACH and INTRACORP SOCAL-1, LLC CONCERNING "THE RESDENCES AT 1401 QUAIL STREET" 15-81 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 DEVELOPMENT AGREEMENT (Pursuant to California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the _ day of , 2024 (the "Agreement Date"), and is being entered into by and between the City of Newport Beach ("City"), and Intracorp Socal-1, LLC, a Delaware limited liability company "Property Owner"). City and Property Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party." RECITALS A. Property Owner is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as 1401 Quail Street and more particularly described in the legal description attached as Exhibit "A" and depicted on the site map attached hereto as Exhibit `B" ("Property"). The Property consists of approximately 2.38 acres and is a part of the Newport Place Planned Community shown on the City's Zoning Map. B. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. D. The Parties wish to enter into Agreement for the construction of a multi -unit residential project consisting of 67 condominium units (including affordable units) atop of 146- space parking structure. E. As detailed in Section 3 of this Agreement, Property Owner has agreed to provide the following significant public benefits as consideration for this Agreement: INSERT PUBLIC BENEFITS. F. This Agreement is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as "MU-112" (Mixed Use Horizontal 2) which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses and the Newport Place Planned Community that was adopted in 1970 by Ordinance No. 1369, and amended from time to -1- 15-82 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 time, in order to establish appropriate zoning to regulate land use and development of property within the general boundaries of the Newport Place Planned Community. G. In recognition of the significant public benefits that this Agreement provides, the City Council finds that this Agreement: (i) is consistent with the City of Newport Beach General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) Project's Addendum to the Environmental Impact Report (SCH# 20060111119) ("PEIR") that was certified by the City Council on July 25, 2006 for the 2006 General Plan Update and the Initial Study/Negative Declaration prepared in accordance with CEQA for the Newport Beach Housing Element Update (General Plan Amendment No. GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the "PEIR"), all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code chapter 15.45. H. On December 21, 2023, City's Planning Commission held a public hearing on this Agreement, and made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. I. On [INSERT DATE], the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Property Owner, and members of the public. On [INSERT DATE], consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. 2024- (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Newport Beach General Plan and approving this Agreement. AGREEMENT NOW, THEREFORE, City and Property Owner agree as follows: Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting Ordinance" shall mean City Council Ordinance No. 2024- approving and adopting this Agreement. "Agreement" shall mean this Development Agreement, as the same may be amended from time to time. "Agreement Date" shall mean INSERT DATE which date is the date the City Council adopted the Adopting Ordinance. 2 15-83 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 "CEQA" shall mean the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), as the same may be amended from time to time. "City" shall mean the City of Newport Beach, a California charter city. "City Council" shall mean the governing body of City. "City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 10.1 of this Agreement. "CPI Index" shall mean the Consumer Price Index published from time to time by the United States Department of Labor, Bureau of Labor Statistics for all urban consumers (all items) for the Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84=100), or, if such index is discontinued, such other similar index as may be publicly available that is selected by City in its reasonable discretion. "Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement. "Develop" or "Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof. "Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport Beach Municipal Code. "Development Agreement Statute" shall mean California Government Code Sections 65864-65869.5, inclusive. "Development Exactions" shall mean any requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and 15-84 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) the amendment to the Newport Place Planned Community (PC-11) adopted pursuant to Ordinance No. 1369 and as amended by Ordinance No. 2024-; (3) General Plan Amendment adopted pursuant to Resolution No. 2024-; (4) Major Site Development Review adopted pursuant to Resolution No. 2024 (5) Affordable Housing Implementation Plan adopted pursuant to Resolution No. 2024- and Tentative Tract Map adopted pursuant to Resolution No. 2024- "Development Regulations" shall mean the following regulations as they are in effect as of the Agreement Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Agreement Date that impairs or restricts Property Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Property Owner in writing: the General Plan, the Development Plan, and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions) and Title 20 of the Municipal Code (planning and zoning), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or entry upon public property; or (v) the exercise of the power of eminent domain. "Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the applicable Development Regulations, which such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and 2 15-85 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et SeMc ., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et sM., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C. Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seq. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, as amended through the Agreement Date but excluding any amendment after the Agreement Date that impairs or restricts Property Owner's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement, is authorized by Sections 8 or 9, or is specifically agreed to by Property Owner. The Land Use Plan of the Land Use Element of the General Plan was approved by City voters in a general election on November 7, 2006. "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Party" or "Parties" shall mean either City or Property Owner or both, as determined by the context. "Project" shall mean all on -site and off -site improvements that Property Owner is authorized and/or may be required to construct with respect to each parcel of the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Property" is described in Exhibit "A" and generally depicted on Exhibit `B". 5 15-86 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 "Property Owner" shall mean Intracorp Socal-1, a Delaware limited liability company and any successor or assignee to all or any portion of the right, title, and interest in and to ownership of all or a portion of the Property. "Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. "Subsequent Development Approvals" shall mean all discretionary development and building approvals that Property Owner is permitted to obtain to Develop the Project on and with respect to the Property after the Agreement Date consistent with the Development Regulations. "Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Termination Date" and "Lot Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement. "Transfer" shall have the meaning ascribed in Section 11 of this Agreement. 2. General Provisions. 2.1 Plan Consistencv. Zoning Implementation. This Agreement and the Development Regulations applicable to the Property are consistent with the General Plan and the Newport Place Planned Community Development Plan (PC-11) as amended by the approvals in the Development Plan adopted concurrently herewith (including but not limited to the amendment to the General Plan and Newport Place Planned Community Development Plan (PC-11). 2.2 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement. 2.3 Property Owner Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement. Property Owner and each person executing this Agreement on behalf of Property Owner hereby represents and warrants to City as follows: (i) Property Owner or any co-owner comprising Property Owner is a legal entity and that such entity is duly formed and existing and is authorized to do business in the State of California; (ii) if Property Owner or any co-owner comprising Property Owner is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iii) that all actions required to be taken by all persons and entities comprising Property Owner to enter into this Agreement have been taken and that Property Owner has the legal authority to enter into this Agreement; (iv) Property Owner's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Property Owner or any person or entity comprising Property Owner has to any third party; (v) that neither Property Owner nor any co-owner comprising Property Owner is the subject of any voluntary or involuntary petition in bankruptcy; and (vi) Property Owner has the authority and ability to enter into or perform any of its obligations set forth in this Agreement. Co 15-87 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 2.4 Term. The term of this Agreement (the "Term" shall commence on the Effective Date and continue until 20, unless otherwise terminated or modified pursuant to its terms. Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date will not occur because (i) the Adopting Ordinance or any of the Development Regulations approved on or before the Agreement Date for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non - appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Party's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Party, in which event neither Party shall have any further rights or obligations hereunder except that Property Owner's indemnity obligations set forth in Article 10 shall remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall be repealed by the City after delivery of said notice of termination except for the Development Regulations that have been disapproved by City's voters at a referendum election and, therefore, never took effect. The Termination Date shall be the earliest of the following dates: (i) the tenth (101h) anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Property Owner's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication. Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 14.11 (as well as any other Property Owner obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement. 3. Public Benefits. 3.1 Public Benefit Fee. As consideration for City's approval and performance of its obligations set forth in this Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject to (herein, the "Public Benefit Fee") in the total sum of One Million Six Hundred Twenty Eight Thousand and Four Hundred Dollars and 00/100 ($1,628,400.00) which shall be due and payable prior to the issuance of the first building permit for the Project. 7 15-88 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 The City has not designated a specific project or purpose for the Public Benefit Fee. Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee and that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Owner's vested rights to be acquired hereunder, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefits identified in this Section 3.1 on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Owner's default, if Owner shall fail to timely pay any portion of the Public Benefits identified in this Section 3.1 when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project. 3.2 Consumer Price Index (CPI) Increases. Any fee provided in this Section 3 (Public Benefits) shall be increased based upon percentage increases in the CPI Index as provided herein. The first CPI adjustment shall occur on the first anniversary of the City Council's adoption of the Adopting Ordinance (the first "Adjustment Date") and subsequent CPI adjustments shall occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of this Agreement (each, an "Adjustment Date"). The amount of the CPI adjustment on the applicable Adjustment Date shall in each instance be calculated based on the then most recently available CPI Index figures such that, for example, if the Effective Date of this Agreement falls on July I and the most recently available CPI Index figure on the first Adjustment Date (January I of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6- month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date. 3.2 Other Public Benefits. In addition to the Public Benefit Fee, the direct and indirect benefits City expects to receive pursuant to this Development Agreement are as follows: 3.2.1 Park In -Lieu Fee. The Property Owner shall pay a park land dedication in -lieu fee pursuant to the City General Plan Land Use Policy 6.15.13 in the amount of Five Hundred Thirteen Thousand Three Hundred Dollars and 00/100 ($513,300.00), for the purpose of acquisition and improvement of other properties as parklands to serve the Airport Area. The fee shall be due and payable prior to the issuance of the first building permit for the Project. 3.2.2 Public Safe . Fee. The Property Owner shall pay a public safety fee in the amount of One Hundred Forty -One Thousand Six Hundred Dollars and 00/100 ($141,600) to be used, at the City's discretion, to fund the cost of staffing, services, and equipment necessary for fire related public safety purposes. The fee shall be due and payable prior to the issuance of the first building permit for the Project. 15-89 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 4. Development of Project. 4.1 Applicable Regulations; Property Owner's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Property Owner shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals applied for by Property Owner, or that are required, for Development of the Project as of the Agreement Date provided that all such actions are consistent with the Development Regulations, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that maybe required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Property Owner's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Agreement Date. Property Owner has expended and will continue to expend substantial amounts of time and money in the planning and entitlement process to permit Development of the Project in the future. Property Owner represents and City acknowledges that Property Owner would not make these expenditures without this Agreement, and that Property Owner is and will be making these expenditures in reasonable reliance upon obtaining vested rights to Develop the Project as set forth in this Agreement. Property Owner may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, provided that unless this Agreement also is amended, the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic. In addition, Property Owner may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval, consistent with City of Newport Beach Municipal Code Section 19.12.090. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement. 4.2 No Conflicting Enactments. X 15-90 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Agreement Date to the extent it conflicts with this Agreement. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to California Government Code Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Property Owner shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Property Owner deems appropriate within the exercise of Property Owner's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Property Owner's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement. 4.3 Reservations of Authoritv. Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property. 4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City. 4.3.2 Processing and Permit Fees. City shall have the right to charge and Property Owner shall be required to pay all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Property Owner, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due. 4.3.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the 10 15-91 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Development Regulations, or with respect to such regulations that do conflict, where Property Owner has consented in writing to the regulations, shall apply to the Property. 4.3.4 Development Exactions Applicable to Property. During the Term of this Agreement, Property Owner shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Property Owner and the Project in the absence of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction (excluding any development impact fee) for the Project has been established and fixed by City in the conditions of approval for any of the Development Regulations approved on or before the Agreement Date, City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with such Development Regulations without Property Owner's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 4.3.5 hereinbelow). In addition, nothing in this Agreement is intended or shall be deemed to vest Property Owner against the obligation to pay any of the following (which are not included within the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Chapter 3.12 of City's Municipal Code. 4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Property Owner's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Property Owner does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Property Owner shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City and Property Owner shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Property Owner agree to preserve the terms of this Agreement and the rights of Property Owner as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Property Owner at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Property Owner. City also agrees to process in a prompt manner Property Owner's proposed changes to this Agreement, the Project and any of the Development Regulations as may be necessary to comply with such 11 15-92 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement. 4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Property Owner's vested rights under this Agreement. 4.3.7 Uniform Building Standards. Existing and future building and building - related standards set forth in the uniform codes adopted and amended by City from time to time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 4.3.8 Public Works Improvements. To the extent Property Owner constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply. 4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Property Owner or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. 5. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section 65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City in the event of an uncured default of Property Owner. 6. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 7. Annual Review of Property Owner's Compliance With Agreement. 7.1 General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government 12 15-93 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Code Section 65865.1. Property Owner (including any successor to the Property Owner executing this Agreement on or before the Agreement Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. 7.2 Property Owner Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Property Owner is required to demonstrate good faith compliance with the terms of the Agreement. Property Owner agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term. 7.3 Procedure. The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Property Owner has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that Property Owner has so complied, the annual review shall be concluded. If the Zoning Administrator Ends, on the basis of substantial evidence, that Property Owner has not so complied, written notice shall be sent to Property Owner by first class mail of the Zoning Administrator's finding of non-compliance, and Property Owner shall be given at least ten (10) calendar days to cure any noncompliance that relates to the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) calendar days for reasons which are beyond the control of Property Owner, Property Owner must commence the cure within such thirty (30) calendar days and diligently pursue such cure to completion. If Property Owner fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below. 7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Property Owner's Default. The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Property Owner or limit City's rights or remedies for any such Default. Events of Default. 8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) calendar days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as 13 15-94 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the foregoing, the City is not required to give Property Owner notice of default and may immediately pursue remedies for a Property Owner Default that result in an immediate threat to public health, safety or welfare. 8.2 Default by Property Owner. If Property Owner is alleged to have committed a non -monetary Default and it disputes the claimed Default, it may make a written request for an appeal hearing before the City Council within ten (10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Property Owner's appeal of the Notice of Default. Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive any right to a hearing on the claimed Default. If Property Owner's appeal of the Notice of Default is timely and in good faith but after a public hearing of Property Owner's appeal the City Council concludes that Property Owner is in Default as alleged in the Notice of Default, the accrual date for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended until the City Council's denial of Property Owner's appeal is communicated to Property Owner in writing. 8.3 City's ption to Terminate Agreement. In the event of an alleged Property Owner Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Property Owner with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying with Section 8.2 if Property Owner timely appeals any Notice of Default. A termination of this Agreement by City shall be valid only if good cause exists and is supported by evidence presented to the City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Property Owner. Any such judicial challenge must be brought within thirty (30) days of service on Property Owner, by first class mail, postage prepaid, of written notice of termination by City or a written notice of City's determination of an appeal of the Notice of Default as provided in Section 8.2. 8.4 Default by City* If Property Owner alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Property Owner may pursue any equitable remedy available to it under this Agreement, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific performance of City's obligations set forth in this Agreement. Upon a City Default, any resulting delays in Property Owner's performance hereunder shall neither be a Property Owner Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Property Owner's option (and provided Property Owner delivers written notice to City within thirty (30) days of the commencement of the alleged City Default), extend the Term for a period equal to the length of the delay. 8.5 Waiver. Failure or delay by either Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 14 15-95 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 8.6 Specific Performance Remedv. Due to the size, nature, and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, both Property Owner and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Property Owner and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Property Owner or City for such efforts. For the above reasons, City and Property Owner agree that damages would not be an adequate remedy if either City or Property Owner fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is necessary to compensate Property Owner if City fails to carry out its obligations under this Agreement or to compensate City if Property Owner falls to carry out its obligations under this Agreement. 8.7 Monetary Damages. The Parties agree that monetary damages shall not be an available remedy for either Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Property Owner as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Property Owner's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. In no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. Owner expressly agrees that the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, for purposes of this Section 8.7, "City") shall not be liable for any monetary damage for a Default by the City or any claims against City arising out of this Agreement. Owner hereby expressly waives any such monetary damages against the City. The sole and exclusive judicial remedy for Owner in the event of a Default by the City shall be an action in mandamus, specific performance, or other injunctive or declaratory relief. 8.8 Additional City Remedy for Property Owner's Default. In the event of any Default by Property Owner, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Property Owner's Default without recourse from Property Owner or its successors or assigns. 8.9 No Personal Liability of City Officials, Employees, or Agents. No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement. 15 15-96 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 8.10 Recovery of Legal Expenses by Prevailing Partv in Anv Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action. 9. Force Majeure. Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Property Owner's obligation to pay Public Benefit Fees, be extended pursuant to this Section. 10. Indemnity Oblia-ations of Pronertv Owner. 10.1 Indemnity Arising From Acts or Omissions of Pronertv Owner. Property Owner shall indemnify, defend, and hold harmless City and City's officials, employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties") from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Property Owner or Property Owner's agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Property Owner relating to the Property or pursuant to this Agreement. City shall have the right, in its sole discretion, to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Property Owner shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.2 Third Party Litigation. In addition to its indemnity obligations set forth in Section 10.1, Property Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement. Said indemnity obligation shall include payment of attorney's fees, expert witness fees, City staff costs, and court costs. City shall promptly notify Property Owner of any such 16 15-97 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Claim and City shall cooperate with Property Owner in the defense of such Claim. If City fails to promptly notify Property Owner of such Claim, Property Owner shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Property Owner is so notified and if City fails to cooperate in the defense of a Claim Property Owner shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Property Owner's indemnity obligation, provided that such counsel shall reasonably cooperate with Property Owner in an effort to minimize the total litigation expenses incurred by Property Owner. In the event either City or Property Owner recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Property Owner shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.3 EnvironmentalIndemnity. In addition to its indemnity obligations set forth in Section 10.1, from and after the Agreement Date Property Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation attorney's fees, expert witness fees, and costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Property Owner in connection with Property Owner's Development of the Project. The foregoing indemnity obligations shall not apply to any Hazardous Substance placed or stored on a separate legal lot within the Property after the Lot Termination Date for said lot, as provided in Section 2.4 of this Agreement. The indemnity provisions in this Section 10.3 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 11. Assignment. Property Owner shall have the right to sell, transfer, or assign (hereinafter, collectively, a "Transfer") Property Owner's interest in or fee title to the Property, in whole or in part, to any person, partnership, joint venture, firm, or corporation (which successor, as of the effective date of the Transfer, shall become the "Property Owner" under this Agreement) at any time from the Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and any such Transfer shall include the assignment and assumption of Property Owner's rights, duties, and obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent: (i) no transfer or assignment of any of Property Owner's rights or interest under this Agreement shall be made unless made together with the Transfer of all or a part of the Property; and (ii) prior to the effective date of any proposed Transfer, Property Owner (as 17 15-98 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Property Owner and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Property Owner assigns to the successor Property Owner and the successor Property Owner assumes from the transferring Property Owner all of the rights and obligations of the transferring Property Owner with respect to the Property or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed off of the portion of the Property so Transferred that are a condition precedent to the successor Property Owner's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Owner with respect to the balance of the Property, without Owner's written consent. Notwithstanding any Transfer, the transferring Property Owner shall continue to be jointly and severally liable to City, together with the successor Property Owner, to perform all of the transferred obligations set forth in or arising under this Agreement unless the transferring Property Owner is given a release in writing by City, which release shall be only with respect to the portion of the Property so Transferred in the event of a partial Transfer. City shall provide such a release upon the transferring Property Owner's full satisfaction of all of the following conditions: (i) the transferring Property Owner no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Property Owner is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Property Owner has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Property Owner either (A) provides City with substitute security equivalent to any security previously provided by the transferring Property Owner to City to secure performance of the successor Property Owner's obligations hereunder with respect to the Property or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Property Owner either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Property Owner has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. Any determination by the City in regards to the second paragraph of Section 11 subpart (iv) (A) and/or (B) shall be documented in writing. 12. Mortgagee Rights. 12.1 Encumbrances on Property. The Parties agree that this Agreement shall not prevent or limit Property Owner in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project. IV 15-99 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 12.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 12.3 Mortizaizee Not Obligated. Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Property Owner or other affirmative covenants of Property Owner, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Property Owner is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance. 12.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of: (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Property Owner of its obligations set forth in this Agreement. Each Mortgagee shall have a further right, but not an obligation, to cure the Default within ten (10) days after receiving a Notice of Default with respect to a monetary Default and within thirty (30) days after receiving a Notice of Default with respect to a non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -monetary Default within thirty (30) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the thirty (30)-day period. In the case of a non -monetary Default that cannot with diligence be remedied or cured within thirty (30) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non - monetary Default within thirty (30) days and diligently prosecutes the cure to completion. 13. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 14. Miscellaneous Terms. 14.1 Reserved. 14.2 Notices. IR 15-100 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Manager With a copy to: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Attorney TO PROPERTY OWNER: With a copy to: Either Party may change the address stated in this Section 13.1 by delivering notice to the other Party in the manner provided in this Section 13.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received or (iii) three business days after deposit in the mail as provided above. 14.3 Proiect as a Private Undertaking. Any future Development of the Project is a private undertaking. Neither Party will be acting as the agent of the other in any respect, and each Party will be an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner or user of the Property. 14.4 Cooperation. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 14.5 Estoppel Certificates. 911 15-101 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 At any time, either Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default. The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt. Requests for the City to furnish an estoppel certificate shall include reimbursement for all administrative costs incurred by the City including reasonable attorney's fees incurred by the City in furnishing an estoppels certificate. 14.6 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 14.7 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 14.8 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 14.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one (1) and the same agreement. 14.10 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 14.11 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is 21 15-102 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that neither Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Property Owner shall not receive any of the benefits of this Agreement if any of Property Owner's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Property Owner shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Property Owner's obligations under this Agreement. The provisions of this Section 14.11 shall apply regardless of whether the Effective Date occurs and after the Termination Date. 14.12 Construction. This Agreement has been drafted after negotiation and revision. Both City and Property Owner are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Property Owner had the opportunity to be so represented and voluntarily chose to not be so represented. City and Property Owner each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning and applicable principle or presumptions of contract construction or interpretation, if any, shall be used to construe the whole or any part of this Agreement in favor of or against either Party. 14.13 Successors and Assigns: Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 14.13 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Section 11. 14.14 No Third Party Beneficiaries. The only Parties to this Agreement are City and Property Owner. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. 14.15 Applicable Law and Venue. 22 15-103 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 14.16 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 14.17 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B Depiction of the Property 14.18 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. 23 15-104 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "OWNER" Intracorp Socal-1, LLC, a Delaware limited liability company By: _ Name: Title: By: _ Name: Title: "CITY" CITY OF NEWPORT BEACH, a municipal corporation and charter city , Mayor 24 15-105 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 STATE OF CALIFORNIA COUNTY OF ORANGE On , before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA COUNTY OF ORANGE On , before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Notary Public in and for said County and State -25- 15-106 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF RESUBDIVISION NO. 341 15-107 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 EXHIBIT B DEPICTION OF PROPERTY A10-00773 v4 01.06.11 FINAL 15-108 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 29 of 41 1W1:11 ]IM=W AFFORDABLE HOUSING IMPLEMENTATION PLAN 15-109 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 1401 QUAIL STREET, NEWPORT BEACH, CA 92660 AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION SUBMITTED NOVEMBER 28, 2023 15-110 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Project Description & Affordability Level The developer, Intracorp Homes ("Developer") is proposing the 1401 Quail Street residential development (described herein as "1401 Quail Street") on a 1.71 net acre site located in the Newport Place area. The site is located west of the intersection of Quail Street and Spruce Avenue. The project site is governed by the Newport Place Specific Plan, which has a 30 du / acre minimum in the Planned Community Residential Overlay. The site is currently not under the Residential Overlay, but the application includes an amendment to the Planned Community text to include it. The Residential Overlay requires a minimum of 15% of the base units be set aside as affordable to lower -income households. Lower -income households are defined as those making less than 80% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. The Developer is proposing a for -sale development consisting of 67 residential condominium units. Of the 67 units, 52 are Base Units and 15 are Density Bonus units. To comply with the 15% affordability requirement of the Residential Overlay, 6 units will be set aside for Very Low -Income households and 2 units will be set aside for Low Income households (15 percent of 52 Base Units). Eligibility for Density Bonus The 1401 Quail Street development will provide 6 units affordable to Very Low -Income households, 10% of the Base Units as outlined in Table 1. As a result, the project is eligible for a 32.5% density bonus pursuant to the provisions of Government Code Section 65915. Homes Prices for the income -restricted units will be computed in accordance with Health and Safety Code Sec. 50053, as required by Government Code Section 65915(c)(2). Density Bonus Computation and Term of Affordability The density bonus computation for the project per Government Code Section 65915 is shown in Table 1: Table 1 Project Area (acres) 1.71 Allowable Density (du/ac) 30 Allowable Residential Units Before Density Bonus (Base Units) 52 Very Low Income Units Set Aside (10% of base) 6 Eligible Density Bonus 32.5% 17 Total Allowable Units with Density Bonus 69 Total Units Proposed 67 The Developer intends to build the project as a for -sale residential condominium community. The income - restricted units will have affordability restrictions on the sale and conveyance of the units under an equity sharing agreement, per Government Code Section 65915(c)(2). 15-111 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Reduction in Parking The 1401 Quail Street development meets the criteria of subdivision (b) of Government Code Sec. 65915 and Section 20.32.030 of the City's Zoning Code by providing more than ten percent (10%) of the total units of a housing development (excluding any units permitted by the density bonus awarded pursuant to that section) for Low Income households. Government Code Section 65915(p) and Section 20.32.060 of the City's Zoning Code provides the following: (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: a. Zero to one bedrooms: one onsite parking space. b. Two to three bedrooms: one and one-half onsite parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. Table 2 is a summary of Government Code Sec. 65915 parking requirements vs. spaces to be provided: Table 2 The Developer requests that parking requirements be calculated in accordance with Government Code Sec. 65915(p). Development Incentive Request Pursuant to Government Code Section 65915(d)(1) and Section 20.32.070 of the City's Zoning Code, the Developer is entitled to two (2) concessions or incentive as a result of providing at least ten percent (10%) of the units as affordable for Very Low Income households. In addition, Government Code Section 65915(e)(1) also entitles developers to waivers or modifications of development standards that if applied, would physically preclude development of housing with the provided density bonus. The Developer requests the following development incentives: 1) Park In -lieu Fee Payment. General Plan Land Use Policy LU 6.15.13 requires the dedication and improvement of a neighborhood park. However, this requirement may be waived where it can be demonstrated that the development site is too small to feasibly accommodate the park or inappropriately located to serve the needs of nearby residents. Policy LU6.15.13 requires the payment of an in -lieu fee to the City for the acquisition and improvement of other properties as 15-112 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 parklands to serve the airport area if the neighborhood park dedication is waived. In this case, the 1.71-acre Project site is too small to feasibly accommodate the park and the Developer requests a reduction of the in -lieu fee as a non -mandatory concession. This reduction of an in -lieu fee is an actual cost reduction that makes the development of the affordable housing units financially feasible. 2) Affordable Unit Mix. Section 20.32.110 of the City's Municipal Code provides that "Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole." As illustrated in the table below, the Project provides a higher percentage of affordable 2 Bedroom units compared to the market rate units provided. Granting this incentive will result in identifiable, financially sufficient, and actual cost reductions by reducing the higher housing cost subsidy associated with 2- and 3-bedroom units and thereby affording additional revenue to support the feasibility of providing affordable housing units. Developer requests that the 8 income -restricted units be provided utilizing the following unit mixes: Table 3 NUMBER TOTAL AFFORDABLE UNIT TYPE OF UNITS UNITS Bedroom Bedroom As required by Government Code Sec. 65915(d)(1)(A), these incentives will result in identifiable and actual cost reductions to provide for the affordable housing payments to be set in accordance with Government Code Sec. 65915(c)(2). Development Standard Waivers Section 20.32.080 of the City's Municipal Code provides that "In addition to requesting an incentive or concession, an applicant for a density bonus may also submit a proposal to the City to waive or reduce an unlimited number of development standards that would otherwise preclude or inhibit construction of the housing development at the densities or with the incentives permitted by this chapter. When an applicant makes a request for a waiver, the review authority shall grant the request unless any of the following findings are made: 1) The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 2) The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources. 3) The waiver or reduction of development standards would be contrary to State or Federal law." 15-113 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 The Developer proposes the following development standard waivers: 1) Street setback requirements. The Newport Place Planned Community requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Quail Street and Spruce Street would substantially decrease the development of the footprint of this project. The Project is designed with approximately 10-foot setbacks to Quail Street and 11-foot setbacks to Spruce Street. The reduced street setbacks are necessary to provide sufficient area for the building as well as a 26-foot wide, 2-way driveway at the entrance to the proposed community that also serves as a required fire lane. The reduced setbacks will be sufficiently deep to provide a significant landscape buffer. 2) Building height requirement. The Newport Place Planned Community (PC-11) limits residential building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 67 residential units. The Project is designed with a height of 86.4 feet from established grade. 3) General Plan Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to eight percent of the gross land area of the development, or a minimum 0.5- acres, whichever is greater, be provided. In this case, the project is required to provide a 0.50- acre public park. The 1.71-acre Project site is too small to feasibility accommodate the required 0.50-acre park and if it were dedicated, the resulting smaller site could not physically accommodate the proposed affordable housing development. 4) Municipal Code Park dedication requirement. Sections 19.52.040 and 19.52.050 of the City's municipal code requires physical land to be dedicated to parks for projects containing more than 50 units. The requirement is 5 acres per 1,000 persons residing in a subdivision. In this case, using 2.2 persons per household, the Project would be required to dedicated 0.74 acres for park. The 1.71-acre Project site is too small to feasibility accommodate the required 0.74-acre park and if it were dedicated, the resulting smaller site could not physically accommodate the proposed affordable housing development. Income Limits Very Low Income Households are defined as households whose gross income does not exceed 50% of area median income, adjusted for household size while Low Income households shall not exceed 80% of area median income. Table 4 below shows the maximum income limits for 2023 as determined by the U.S. Department of Housing and Urban Development and the California Department of Housing and Community Development ("HCD") for Low Income households with household sizes appropriate for the 1401 Quail Street development: Table 4 AFFORDABLE•USING COMPUTATION Orange County Median Income (3-Person Household) $115,000 Very Low Income (50% AMI) $57,500 Low Income (80% AMI) $92,000 15-114 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Housing Payment Limits for Affordable Homes The 8 income -restricted units shall be purchase at an affordable cost calculated in accordance with the provisions of Section 50053 of the Health and Safety Code. That section requires that the housing payment for a two -bedroom unit assumes a three -person household for housing payment calculation purposes. For Very Low Income households in owner -occupied housing, Section 50052.5 of the Health and Safety Code limits affordable housing payment to 30% times 50% of area median income, as calculated in Table 5 below. For Low Income households in owner -occupied housing, affordable housing payment is limited to 30% times 70% of area median income. The values calculated are then adjusted by a utility allowance as determined annually by the County of Orange Housing & Community Services Department. As of October 1, 2022, the reduction for the utility allowance is $238.00 per month ($2,856 per year) for a two - bedroom unit. The utility allowance utilized assumes gas cooking, space heating, and water heating, as well as air conditioning, water and sewer, and trash fees which will be paid by the homeowner. The maximum housing payment levels before property taxes, HOA, maintenance, and insurance for 2023 are shown in Table 5 below: Table 5 VLI $57,500 $17,250 $2,856 $7,800 $780 $5,814 Low $80,500 $24,150 $2,856 $7,800 $1,597 $11,897 The Developer will enter into an affordable housing agreement, in recordable form, with the City prior to obtaining the first building permit for any residential unit. That agreement will ensure that the maximum housing payment for the income -restricted units will be calculated using the methodologies as utilized in Table 5. The housing payment rates shown will be updated prior to the commencement of sales activities and on an ongoing basis to reflect then current income limits, utility allowances, and any changes in applicable regulations and statutes. The sales value for the affordable units will be calculated in the quarter that they will be available for sale. The current estimated sales price for the affordable units is shown in Tables 6A and 6B. 15-115 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Table 6A A. Income Allocated to Housing Area Median Income $115,000 50% Area Median Income 57,500 Income Allocated to Housing (30%) 17,250 B. Recurring Costs Annual Utilities Allowance $2,856 HOA, Maintenance, & Insurance 7,800 Property Taxes (1.11 % of Sales Price) 780 C. Income Available for Mortgage $5,814 D. Affordable Sales Price Supportable 30-Year Mortgage at 7.9% Interest Rate $66,657 Home Buyer Down Payment (5% of Affordable Sales Price) 3,333 Affordable Sales Price Table 66 A. Income Allocated to Housing Area Median Income $115,000 70% Area Median Income 80,500 Income Allocated to Housing (30%) 24,150 B. Recurring Costs Annual Utilities Allowance $2,856 HOA, Maintenance, & Insurance 7,800 Property Taxes (1.11 % of Sales Price) 1,597 C. Income Available for Mortgage $11,897 D. Affordable Sales Price Supportable 30-Year Mortgage at 7.9% Interest Rate $136,408 Home Buyer Down Payment (5% of Affordable Sales Price) 6,820 Affordable Sales Price $143,228 15-116 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Equity Sharing Agreement Per Section 20.32.140 of the City's Municipal Code, if a Very Low or Low Income unit is initially occupied by a very low or low-income household and offered at an affordable housing cost, the unit will be subject to an equity sharing agreement. In lieu of an equity sharing agreement, the affordable units could per sold to a nonprofit housing corporation pursuant to six requirements in the above section. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation and the City of Newport Beach shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any purposes that promote affordable home ownership. The Equity Sharing Agreement shall adhere to the following requirements: • The City's initial subsidy shall be equal to the fair market value of the home at the time of the initial sale, minus the initial sale price, plus the amount of any down payment or mortgage assistance. If upon resale, the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value. • The City of Newport Beach's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale: and • The initial subsidy shall include any incentives granted by the City of Newport Beach and shall be equal to the monetary equivalent of the incentives. Requested City of Newport Beach Assistance Financial Assistance The Developer is requesting a reduction of the park in -lieu fee payment. 15-117 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 30 of 41 EXHIBIT "F" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, landscape plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach (City) and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Entitlements granted under PA2023-0040 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted by the City for a period of time provided in the Development Agreement pursuant to the provisions of California Government Code Section 66452.06(a). 4. The proposed residential development shall consist of 67 for -sale condominiums, inclusive of 52 base units and 15 density bonus units, consistent with the approved Affordable Housing Implementation Plan (AHIP). 5. A minimum of 8 condominium units shall be made affordable to low and very low-income households, consistent with the approved Residences at 1401 Quail Street AHIP dated November 28, 2023. 6. Prior to the issuance of a building permit, an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office. 7. On -site recreational amenities: private balconies, a clubroom, a pool deck, seating area, and lounge as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to the approval by the Community Development Director. The total floor area or open space area dedicated to on -site recreational amenities shall not be reduced. 8. Maximum building height of the residential structure shall not exceed 81 feet, inclusive of architectural features and mechanical equipment. 9. The residential parking garage shall have the following features: 15-118 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 31 of 41 a. A safe, secure and well lighted and signed pedestrian paths for all users. b. Adequate and uniform lighting throughout each parking level. c. Panic alarms and two-way communication systems in prominent locations on each parking level. 10. Prior to the issuance of a building permit, an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The Project shall be attenuated in compliance with the report. 11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows, advanced insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation. 12. The design of the residential structure shall provide adequate noise attenuation between adjacent units (common floor/ceiling) in accordance with the California Building Code (CBC). 13. Advanced air filtration systems for buildings shall be considered to promote cleaner air without the opening of windows. 14. Prior to the issuance of a building permit, the Applicant shall submit to the Community Development Department a final copy of FAA Determination of No Hazard to Air Navigation reflective of the proposed building height. 15. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and Transportation Corridor Agency fees shall be paid for the Project. 16. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project. 17. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project. 18. Prior to the issuance of a building permit, the Applicant shall pay the Project's fair share of public safety fee, as determined by the Community Development Director, to fund the cost of staffing, services and equipment as necessary for fire -related public safety purposes. 15-119 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 32 of 41 19. The property management company shall distribute a written disclosure statement prior to sale of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every purchaser shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 20. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements: a. Within three days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg -laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. d. If the biologist is not able to verify any of the conditions from sub -item "b,"above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species - appropriate (no less than 100-foot radius around the nest for non -raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests 15-120 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 33 of 41 are no longer occupied and/or juvenile birds can survive independently from the nests. 21. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application. 22. A copy of the Resolution, including conditions of approval Exhibit "F" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 23. Prior to the issuance of a building permit, Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 24. Prior to the issuance of a building permit, Applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the Project. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 25. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 26. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 27. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 15-121 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 34 of 41 28. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in conditions of approval. 29. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 30. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 31. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 32. Construction activities shall comply with Section 10.28.040 (Construction Activity — Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 33. Refuse collection shall comply with the Waste Management Plan included in the approved plans. The Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies. 34. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 35. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14 (Water and Sewers), including all future amendments (including Water Quality related requirements). 15-122 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 35 of 41 36. A qualified monitor, one from each consulting tribe (the Juaneno Band of Mission Indians - Acjachemen Nation and the Gabrieleno Band of Mission Indians - Kizh Nation), shall be retained and compensated as Native American Monitors for the project site prior to the commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. A rotation schedule between the two tribes shall be established with the applicant. Voluntary monitoring by each consulting tribe is permitted on days that the tribe(s) is not scheduled to monitor. 37. The rotating monitors, one from each consulting tribe, shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, including as public improvement work undertaken by the applicant). "Ground -disturbing activity" shall include, but is not limited to, any demolition that includes subterranean impacts, potholing, auguring, boring, grading, excavation, drilling, and trenching. 38. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. 39. Both monitors shall complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be shared between the two monitors and provided to the project applicant/lead agency upon written request to the monitors. 40. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the consulting tribes from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribes to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribes. 41. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The monitors will recover and retain all discovered TCRs in the form and/or manner the tribes deem appropriate, in the tribes' sole discretion in coordination with the applicant, and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes. 15-123 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 36 of 41 42. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. 43. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. 44. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 45. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. 46. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. 47. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Residences at 1401 Quail Street including, but not limited to, a General Plan Amendment, Planned Community Development Plan Amendment, Site Development Review, Vesting Tentative Tract Map, Affordable Housing Implementation Plan, Development Agreement and Addendum to the 2006 General Plan Update Program Environmental Impact Report (PA2023-0040). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 48. Prior to the issuance of any occupancy permits (temporary or final), all fire and life safety systems, and the emergency responder radio system shall be inspected and approved by the Fire Marshal. 49. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshal. 15-124 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 37 of 41 50. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, including the fire sprinkler system, shall be operational in the garage basement areas used for parking by the construction crews and for storage of building materials and construction equipment. 51. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002. 52. Emergency responder radio coverage shall be required to comply with NBFD Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510. 53. Emergency power and Standby Power System shall be required as per CFC Section 604.2.14. 54. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2 amendment shall be provided throughout all buildings. 55. A standpipe system shall be required and installed as per CFC Section 905.3.1. 56. Fire Alarm system shall be provided as per CFC Section 907.2.9. Building Division 57. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 58. The Applicant shall employ the following best available control measures (BACMs) to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off -Site Impacts 15-125 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 38 of 41 • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. �Iacement Sandbag construction sites for erosion control. Fill • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 59. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 60. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 61. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 62. Prior to the building plan check submittal, the Applicant shall submit the Project for Building Code Preliminary Review. 63. The residential dwelling units and their common use areas shall comply with Housing Accessibility per Chapter 11A. 64. The nonresidential portion of the development shall comply with the public accommodation requirements per Chapter 11 B. 15-126 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 39 of 41 Public Works Department 65. A Tract Map shall be recorded prior to the sale of any residential units. The map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 66. Prior to the recordation of the tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 pf the Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article 18. Monuments (one -inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 67. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council consistent with the Subdivision Code Section 19.36.010. 68. Prior to Final Map approval, the applicant shall provide a Faithful Performance Bond and Labor and Materials Bond, each for 100%of the estimated improvement costs for the improvements in the public right of way, as prepared by a Registered Civil Engineer and approved by the Public Works Director, for each of the following, but not limited to, public and private improvements, street improvements, monumentation, sidewalks, striping, signage, street lights, sewer systems, water systems, storm drain systems, water quality management systems, erosion control, landscaping and irrigation within the public right of way, common open spaces areas accessible by the public, fire access and off -site improvements required as part of the project. 69. Warranty Bond for a minimum of 10%of the engineers cost estimate (final percentage to be determined by the Public Works Director) to be released 1-year after the improvements have been accepted. 70. All improvements shall be constructed as required by Ordinance and the Public Works Department. 71. An encroachment permit shall be required for all work activities within the public right- of-way. 72. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building permit issuance. 15-127 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 40 of 41 73. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The PMP shall include information regarding gate operation, move -in and move -out, ride - share area, guest parking areas and residential parking areas. 74. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 805. Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension. 75. The applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Spruce Street and Quail Street frontages per City Standards. 76. All deliveries shall be accommodated on -site and prohibited from parking or stopping within the public right of way. Only ride share vehicles shall be permitted to utilize the pull-out area located on Spruce Street. 77. The proposed driveway shall be constructed per City Standard 161. The radius for the Bristol Street North driveway shall be minimum 20-foot radius and the radius for the Spruce Street driveway shall be 15-foot minimum. 78. All on -site fire hydrants shall be privately owned and maintained. 79. All landscaping and walls along the Spruce Street and Quail Street frontages shall comply with the City's line of sight standard 105. 80. Final design of the water and sewer services is subject to further review by the Public Works Department during plan check. 81. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate with the City to complete the required off -site improvements identified in the Sewer Capacity Study dated October 20, 2023, to the satisfaction of the Public Works and Utilities Directors. The Applicant shall be responsible for their fair share cost of the improvements as determined by the City, which may include the payment and construction of the entire improvement. 15-128 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 30 of 41 EXHIBIT "F" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division The development shall be in substantial conformance with the approved site plan, floor plans, landscape plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach (City) and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Entitlements granted under PA2023-0040 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted by the City for a period of time provided in the Development Agreement pursuant to the provisions of California Government Code Section 66452.06(a). 4. The proposed residential development shall consist of 67 for -sale condominiums, inclusive of 52 base units and 15 density bonus units, consistent with the approved Affordable Housing Implementation Plan (AHIP). 5. A minimum of 8 condominium units shall be made affordable to low and very low-income households, consistent with the approved Residences at 1401 Quail Street AHIP dated November 28, 2023. 6. Prior to the issuance of a building permit, an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office. 7. On -site recreational amenities: private balconies, a clubroom, a pool deck, seating area, and lounge as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to the approval by the Community Development Director. The total floor area or open space area dedicated to on -site recreational amenities shall not be reduced. 8. Maximum building height of the residential structure shall not exceed 81 feet, inclusive of architectural features and mechanical equipment. 9. The residential parking garage shall have the following features: 15-129 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 31 of 41 a. A safe, secure and well lighted and signed pedestrian paths for all users. b. Adequate and uniform lighting throughout each parking level. c. Panic alarms and two-way communication systems in prominent locations on each parking level. 10. Prior to the issuance of a building permit, an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The Project shall be attenuated in compliance with the report. 11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows, advanced insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation. 12. The design of the residential structure shall provide adequate noise attenuation between adjacent units (common floor/ceiling) in accordance with the California Building Code (CBC). 13. Advanced air filtration systems for buildings shall be considered to promote cleaner air without the opening of windows. 14. Prior to the issuance of a building permit, the Applicant shall submit to the Community Development Department a final copy of FAA Determination of No Hazard to Air Navigation reflective of the proposed building height. 15. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and Transportation Corridor Agency fees shall be paid for the Project. 16. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project. 17. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project. 18. Prior to the issuance of a building permit, the Applicant shall pay the Project's fair share of public safety fee, as determined by the Community Development Director, to fund the cost of staffing, services and equipment as necessary for fire -related public safety purposes. 15-130 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 32 of 41 19. The property management company shall distribute a written disclosure statement prior to sale of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every purchaser shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 20. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements: a. Within three days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg -laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. d. If the biologist is not able to verify any of the conditions from sub -item "b,"above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species - appropriate (no less than 100-foot radius around the nest for non -raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests 15-131 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 33 of 41 are no longer occupied and/or juvenile birds can survive independently from the nests. 21. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application. 22. A copy of the Resolution, including conditions of approval Exhibit "F" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 23. Prior to the issuance of a building permit, Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 24. Prior to the issuance of a building permit, Applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the Project. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 25. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 26. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 27. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 15-132 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 34 of 41 28. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in conditions of approval. 29. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 30. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 31. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 32. Construction activities shall comply with Section 10.28.040 (Construction Activity — Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 33. Refuse collection shall comply with the Waste Management Plan included in the approved plans. The Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies. 34. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 35. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14 (Water and Sewers), including all future amendments (including Water Quality related requirements). 15-133 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 35 of 41 36. A qualified monitor, one from each consulting tribe (the Juaneno Band of Mission Indians - Acjachemen Nation and the Gabrieleno Band of Mission Indians - Kizh Nation), shall be retained and compensated as Native American Monitors for the project site prior to the commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. A rotation schedule between the two tribes shall be established with the applicant. Voluntary monitoring by each consulting tribe is permitted on days that the tribe(s) is not scheduled to monitor. 37. The rotating monitors, one from each consulting tribe, shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, including as public improvement work undertaken by the applicant). "Ground -disturbing activity" shall include, but is not limited to, any demolition that includes subterranean impacts, potholing, auguring, boring, grading, excavation, drilling, and trenching. 38. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. 39. Both monitors shall complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be shared between the two monitors and provided to the project applicant/lead agency upon written request to the monitors. 40. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the consulting tribes from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribes to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribes. 41. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The monitors will recover and retain all discovered TCRs in the form and/or manner the tribes deem appropriate, in the tribes' sole discretion in coordination with the applicant, and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes. 15-134 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 36 of 41 42. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. 43. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. 44. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 45. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. 46. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. 47. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Residences at 1401 Quail Street including, but not limited to, a General Plan Amendment, Planned Community Development Plan Amendment, Site Development Review, Vesting Tentative Tract Map, Affordable Housing Implementation Plan, Development Agreement and Addendum to the 2006 General Plan Update Program Environmental Impact Report (PA2023-0040). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/orthe parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 48. Prior to the issuance of any occupancy permits (temporary or final), all fire and life safety systems, and the emergency responder radio system shall be inspected and approved by the Fire Marshal. 49. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshal. 15-135 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 37 of 41 50. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, including the fire sprinkler system, shall be operational in the garage basement areas used for parking by the construction crews and for storage of building materials and construction equipment. 51. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002. 52. Emergency responder radio coverage shall be required to comply with NBFD Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510. 53. Emergency power and Standby Power System shall be required as per CFC Section 604.2.14. 54. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2 amendment shall be provided throughout all buildings. 55. A standpipe system shall be required and installed as per CFC Section 905.3.1. 56. Fire Alarm system shall be provided as per CFC Section 907.2.9. Building Division 57. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 58. The Applicant shall employ the following best available control measures (BACMs) to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off -Site Impacts 15-136 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 38 of 41 • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 59. Prior to the issuance of a aradina Dermit. a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 60. Prior to the issuance of a gradingpermit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 61. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 62. Prior to the building plan check submittal, the Applicant shall submit the Project for Building Code Preliminary Review. 63. The residential dwelling units and their common use areas shall comply with Housing Accessibility per Chapter I IA. 64. The nonresidential portion of the development shall comply with the public accommodation requirements per Chapter 11 B. 15-137 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 39 of 41 Public Works Department 65. A Tract Map shall be recorded prior to the sale of any residential units. The map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 66. Prior to the recordation of the tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 pf the Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article 18. Monuments (one -inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 67. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council consistent with the Subdivision Code Section 19.36.010. 68. Prior to Final Map approval, the applicant shall provide a Faithful Performance Bond and Labor and Materials Bond, each for 100%of the estimated improvement costs for the improvements in the public right of way, as prepared by a Registered Civil Engineer and approved by the Public Works Director, for each of the following, but not limited to, public and private improvements, street improvements, monumentation, sidewalks, striping, signage, street lights, sewer systems, water systems, storm drain systems, water quality management systems, erosion control, landscaping and irrigation within the public right of way, common open spaces areas accessible by the public, fire access and off -site improvements required as part of the project. 69. Warranty Bond for a minimum of 10%of the engineers cost estimate (final percentage to be determined by the Public Works Director) to be released 1-year after the improvements have been accepted. 70. All improvements shall be constructed as required by Ordinance and the Public Works Department. 71. An encroachment permit shall be required for all work activities within the public right- of-way. 72. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building permit issuance. 15-138 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 40 of 41 73. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The PMP shall include information regarding gate operation, move -in and move -out, ride - share area, guest parking areas and residential parking areas. 74. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 805. Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension. 75. The applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Spruce Street and Quail Street frontages per City Standards. 76. All deliveries shall be accommodated on -site and prohibited from parking or stopping within the public right of way. Only ride share vehicles shall be permitted to utilize the pull-out area located on Spruce Street. 77. The proposed driveway shall be constructed per City Standard 161. The radius for the Bristol Street North driveway shall be minimum 20-foot radius and the radius for the Spruce Street driveway shall be 15-foot minimum. 78. All on -site fire hydrants shall be privately owned and maintained. 79. All landscaping and walls along the Spruce Street and Quail Street frontages shall comply with the City's line of sight standard 105. 80. Final design of the water and sewer services is subject to further review by the Public Works Department during plan check. 81. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate with the City to complete the required off -site improvements identified in the Sewer Capacity Study dated October 20, 2023, to the satisfaction of the Public Works and Utilities Directors. The Applicant shall be responsible for their fair share cost of the improvements as determined by the City, which may include the payment and construction of the entire improvement unless the City assumes the cost of the improvement. 15-139 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-047 Paae 41 of 41 EXHIBIT "G" VESTING TENTATIVE TRACT MAP NO. 19261 15-140 F DocuSign Env IUpC U.I.IrL-UVJL//D-F1'-F.7J-'-F/'iV I-yjmDUU-LJ-+m/_o IrDO/U TENTATIVE TRACT MAP NO. 19261 �P FOR CONDOMINIUM PURPOSES CITY OF NEWPORT BEACH, COUNTY OF ORANGE, �fR9oR STATE OF CALIFORNIA Q.P PARCEL 2 p l\/] IF31 it it 48.6 48.2 48.0 4T 9 4].4 47.4 4 C TC TC TC 7 r m TC TG TC LIx, 4\ 9.1 TC 48.6 FL 1 48.8 TC 48.3 FL 6 f 9.2 TC 50.8 T 8.7 FL 50.3 FS 50.8 TC CC) 50.3 FS 30' _ 31' �!> I 50.3 FS L T, TC ,J 9��II A B Wg. 4qo LLI _ti s 1 TC G 50.5 T LOT 1 -�� <I L 4 .6 FL 0 CIF LLB A A F L- RAGGS r'A R C- 1 y> �\ 50.9 TC 5 .4 TC GB FRID 5..8 TC g 0 CIF 51.2 TC 2.0% 50.5 TC 50.5 TC OSO FS Fw' CF FW 50.5 50.6 TC 50.2 F 50.2 ES 60 E28 18 0 2 TC LP 2 RE50.0 TC 49. 49 49.9 TC 49.7 FS 49.5 FS p 61.8 M49.9 TC TC 5° B B b 49.2 49. � 5 -_ D T BW D FG WT T T N40-38.15"E 301.00' 9 b O EX W n; E _E1 EX W EX, 16" WATER ACP (H6%) M SPRUCE AVENUE (PUBLIC STREET) - - EX S EX S EX S EX. 8" SSWR VCP _ LEGEND CENTERDNE RIGHT OF WAY PROPERTY DNE . . . . . . . EASEMENT DNE GRAPHIC SCALE: 1" 20• d I I k EX PARKING LOT FC PRIME PRICE -� UNIVERSITY OF I I RVINE WNA A VICINITY MAP I-. N.rs N.T.S. I-�II I 1 NOTES= R VARIES - 10' MIN OMER: NEWPORT PLACE INVESTMENT STRCOMPANY, A GENERAL PARTNERSHIP W 1401 AIL STREET, SUITE 121, NEWPORT BEACH, CA 92660 APPucANT: INTRACORP SW, LLC 895 DOVE EET, SUITE 400, NEWPORT BEACH, CA 92660 I � SURVEY/ENGINEER: ADAMS-STREETER CIVIL ENGINEERS INC. EX. PARKING COT e FG 4�'1 BUILDING 16755 VON KARMAN AVENUE, SUITE 150 IRVINE CA 92606 so a (949) 474-2330 46.0 11.2' I PROJECT ADDRESS: 1401 WAIL STREET FG 119' I NEWPORT BEACH, CA 92660 �/� APN NO.: 427-332-04 VGy7M B B NT.S BOUNDARY AREA: BASED UPON MEASURED BEARINGS AND DISTANCES AS SHOWN HEREON, THE AREA IS: 1.71 ACRES. FLOOD ZONE: SUBJECT PROPERTY LIES WITHIN FLOOD ZONE X (AREA OF MINIMAL FLOOD HAZARD) AS SHOWN ON FLOOD INSURANCE RAZE MAP NO, 06059CO 86J DATED DECEMBER 3, 2009 AS PUBLISHED BY THE FEDERAL MANAGEMENT AGENCY EXISTING USE: OFFICE BUILDING (22,536 SF) w a > I EXISTING LAND USE: CO-G GENERAL COMMERCIAL OFFICE $ Rom, EXISTING ZONING: PLANNED COMMUNITY - PC11 NEWPORT PLACE �+ PROPOSED NUMBER OF UNITS: 78 RESIDENTIAL UNITS PROPOSED DENSITY: 45.61 DU/ACRE C W I VARIES 81' MIN d L 1 I PARKING: RESIDENNAL PARKING REQUIRED (1.]] SPACES/ONIT AVERAGE): 138 SPACES ICJ RESIDENTIAL PARKING PROVIDED: 159 SPACES BUILDING III I G LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF 8• I ' 6 CALIFORNIA, DESCRIBED AS FOLLOWS: 4' 34' a a srDEwaur 8.1' 0' 24' 24' I '^ _ - �- _ // STREET PARCEL 1 OF PARCEL MAP NO, 341, AS PER MAP FILED IN BOOK 0, PAGE 38 OF PARCEL ti 3 - _ _ _ MAPS, IN THE OFFICE OF 1HE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY I DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE W RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON III SUBSTANCES SO RESERVED, AS RESERVED IN THE DEED RECORDED AUGUST 22, 1973 IN w F SECWN C-C BOOK 10863, PAGE 782 OF OFFICIAL RECORDS. xis APN: 427-332-04 Cn " I EXISTING EASEMENTS J a PER PRELIMINARY REPORT NO. NHSC-6827206 DATED APRIL 18, 2022 BY FIRST AMERICAN J E- TITLE COMPANY, THERE ARE NO EXISTING EASEMENTS ENCUMBERING THE PROPERTY. ° W I PROPOSED EASEMENT NOTES D .IIII 0 I R�% e OA NON-EXCLUSIVE EASEMENT FOR EMERGENCY VEHICULAR ACCESS AND FIRE PROTECTION FACILITIES PURPOSES. 14' I VARIES - 10 MIN td 32 O NON-EXCLUSIVE EASEMENT RESERVED FOR UTILITIES AND PRIVATE DRIVE. 1 a1` O I BUILDING © PROPOSED ELECTRICAL EASEMENT OD PROPOSED UTILITY EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH. ,tip FC SUN �T �LME NT 5 / I sIDEWAK I _ 39' MALL WAY PNO _ I SPRUCE AVENUE ., I EASEMENT FOR EMERGEAMCCESS I III I I �i I� r SECTION D D `i G% 4 - --- EXIS � � . . a i CURB & CUTTER CURB 3 � PRIVATE DRIVE w Nrs I R/W R/W R/W R/W 68' ROW L84' ROW CC I r60' 24• za' roo' 10.0, 32• sz' r6D' ' 4• 6• t29 4• 6'2.-22% 2.2R, 2% 2.2% 22% 2% SIDEWALK SIDEWALK SIDEWALK SIOEWALN QUAIL STREET (PUBLIC) SPRUCE AVENUE (PUBLIC) N.TS N.TS REVISIONS PREPARED BY: ^ DEVELOPER: SHEET DESCRIPTION J ' Q��pftDFE$$/py, Scale: As Noied On Plon yoSN.srR QfeOted:,D/3/2o23 TENTATIVE TRACT MAP NO. 19261 ADAMS STREETER I N T R A C O R P v a c,z A A Revised: NS s,ss.e . c i rou.i Ng..33p a * • 1401 QUAIL STREET TTM-1 Building the Extraordinary si clv\� T Dere �loj31T23 895 DOVE STREET, SUITE 400 9rf �. cnu\FOPS CITY OF NEWPORT BEACH, CALIFORNIA RPM. A. Btreeter RCE70862 NEWPORT BEACH, CA 92660 PLOT DATE: 10/3/= Attachment E ALUC Staff Report, dated January 18, 2024 Available separately due to bulk at: https://Ims.newportbeachca.gov/energov prod/energov/Uploaded Files/0000001074/c58 9c558-a82a-4d1f-9d29-fb6eb1 baad7b.adf 15-142 Attachment F ALUC Determination Letter, dated January 23, 2024 15-143 ORANGE COUNTY !WL LVZ; January 23, 2024 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949,252.SI70 fax: 949.252.6012 David Lee, Senior Planner City of Newport Beach Community Development 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for The Residences at 1401 Quail Street, General Plan (Land Use) Amendment and Newport Place Planned Community Amendment Dear Mr. Lee: During the public meeting held on January 18, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 6-0 vote, the Commission found The Residences at 1401 Quail Street, General Plan (Land Use) Amendment and Newport Place Planned Community Amendment to be Inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AEL UP for JWA) per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports maybe incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." 3. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which: (1) Places people so that they are affected adversely by aircraft noise, [or] (2) Concentrates people in areas susceptible to aircraft accidents..." You may contact us at (949) 252-5170 or at alucinfo@ocair.com if you have any questions regarding this proceeding. Sincerely, Lea U. Choum P, Executive Officer cc: ALUC 15-144