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HomeMy WebLinkAbout11 - Approving the Residences at 1400 Bristol Street Project; and Overriding OCALUC's Determination of InconsistencyQ �EwPoRT CITY OF O z NEWPORT BEACH <,FORN'P City Council Staff Report April 9, 2024 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Liz Westmoreland, Senior Planner - 949-644-3234, Westmoreland@newportbeachca.gov I I I d I T Afl'�-1i�-M\rmW.ZIY•LI:W-t"o a �,OYMI1'1F1Ta l0:? 7MUo i20159 W,OYMIIF% and 2024-23: Approving the Residences at 1400 Bristol Street Project; and Resolution No. 2024-24: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0296) ABSTRACT: The Picerne Group (Applicant) is processing several entitlement applications that would allow for the development of 229 apartment units atop a 422-space parking structure and a pedestrian bridge that connects to the approved Residences at 1300 Bristol Street Project, over the Spruce Street right-of-way (Project) at 1400 Bristol Street. The Project is located in the Newport Place Planned Community (PC-11) at the northwest corner of Bristol Street and Spruce Street in the Airport Area. Implementation of the Project would require demolition of the two office buildings totaling 38,764-square-feet and a surface parking lot within the 2.38-acre site. For the City Council's consideration is the adoption of two resolutions approving a General Plan Amendment, Site Development Review, Traffic Study, Affordable Housing Implementation Plan (AHIP), and acceptance of the environmental document. Also for the City Council's consideration is the introduction of two ordinances approving a Planned Community Development Plan Amendment and a Development Agreement for the Project. Lastly, the City Council will consider adopting a resolution overriding the January 18, 2024, Orange County Airport Land Use Commission (ALUC)'s, determination that the Project is inconsistent with the 2008 JWA Environs Land Use Plan (AELUP) pursuant to Public Utilities Code Section 21676(b). Approval of the Project and the adoption of the resolution to override the ALUC requires a two-thirds majority vote of the City Council. RECOMMENDATIONS: a) Conduct a public hearing; b) Adopt Resolution No. 2024-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 2 c) Adopt Resolution No. 2024-23, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan and Traffic Study for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-9, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; and f) Adopt Resolution No. 2024-24, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1400 Bristol Project is Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination that the Residences at 1400 Bristol is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022- 0296). DISCUSSION: The subject property is located in the Newport Place Planned Community (PC-11) and is approximately 2.38 acres in size. The property is rectangular in shape, located at the northwest corner of Bristol Street and Spruce Street, and adjacent to existing office buildings and surface parking. The north office property located at 1401 Quail Street is currently being considered for residential development (Residences at 1401 Quail Street Project). Project Description The Applicant is proposing to demolish the two existing office buildings and construct a 229 for -rent units atop a 422-space parking structure with a connecting bridge to the Residences at 1300 Bristol, over the Spruce Street right-of-way. The parking structure includes one level on -grade (podium level) and two levels below grade with five levels of residential above the podium. Given that the site is designated for office use by the General Plan, the applicant requests a General Plan Amendment from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2) to allow residential use. The base density allotted to the property if designated MU-H2 is 89 dwelling units. The General Plan Amendment also includes a request to increase the project's base density by 64 dwelling units for a total base of 153 dwelling units. The applicant also proposes a 50% density bonus to increase the total unit count to 229 pursuant to Government Code Section 65915 (Density Bonus Law) and Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus). The dwelling unit calculations are summarized below in Table 1. 11-2 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 3 Table 1: Dwelling Unit Units Based on Existing Nonresidential Uses 89 Additional Units Per Proposed General Plan Amendment 64 Total Base Units 153 Density Bonus (50%) 77 Total Units Permitted 230 Total Units Provided 229 The 229 apartment units include 40 studio units,126 one -bedroom units, and 63 two -bedroom units. The studio units would be 515 square feet, the one -bedroom units would range from 613 to 896 square feet, and the two -bedroom units are proposed to range from 1,049 to 1,469 square feet. Of the 229 units, 23 units would be affordable and restricted to very -low-income households. The remaining 203 units would be market -rate, for -rent apartment units. While there is an overall unit mix of studio (17.5%), one -bedroom (55%), and two -bedroom (27.5%) units, almost all the affordable units are one -bedroom or studio units. The Applicant's project description and project plans are included as Attachment K. The following approvals are requested to implement the Project as proposed: • General Plan Amendment (GPA)- A request to change the existing General Plan land use designation from General Commercial Office (CO-G) to Mixed Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment- An amendment to the Newport Place Planned Community (PC-11) to include the project site within the Residential Overlay; • Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant seeks six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks two development concessions' related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915; The terms concession and incentive are used interchangeably. 11-3 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 4 • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; • Development Agreement — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum 7) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project. The project includes a steel truss pedestrian bridge that extends from the proposed project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street. The pedestrian bridge would be located on the second story, at the southern corner of the building. The pedestrian bridge is intended to provide connectivity between the two residential projects and allow sharing of amenities between the sites. The properties are owned and will be operated by the same entity. The applicant will be required to enter into a lease agreement (or other form of agreement) with the City of Newport Beach subject to the payment of fees for the use of air -space over the City's right-of-way. The following is the proposed rendering of the Project including the pedestrian bridge. II �C] H lowdew rr i = s - - ram# ' alarc - 1 ' Figure 1- Rendering from Bristol Street at the intersection of Spruce Street 11-4 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 5 General Plan Amendment The subject property is located in the Airport Area and is currently designated as General Commercial Office (CO-G) by the General Plan Land Use Element. The applicant is requesting to change the land use designation of the subject property from the CO-G designation to Mixed -Use Horizontal 2 (MU-H2). The MU-H2 designation applies to a majority of properties in the Airport Area and allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) and the requested 64 GPA units are not included in the 2,200-unit policy allowance. The GPA also includes a revision to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to allow 64 additional residential dwelling units at the Property. Conversions of existing commercial space to dwelling units and density bonus units are not tracked within Table LU2 (Exhibit B of Attachment B). The project helps implement the Sixth Cycle Housing Element and aids the City in its goal to provide new housing opportunities. If approved and the project is permitted, the City will take credit for the units in its annual reporting on housing production to the state. The project, as proposed, is consistent with all relevant General Plan policies, as included in the proposed resolution (Attachment B). Furthermore, the EIR Addendum 7, prepared for the Project, includes a comprehensive analysis of all relevant General Plan policies. Charter Section 423 (Measure S) Analysis Charter Section 423, as implemented through Council Policy A-18 (Guidelines for Implementing Charter Section 423), requires voter approval of any major General Plan amendment. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan. Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in the Charter Section 423 analysis because density bonus is mandated by State law and allowed at any site designated for housing. There have been no other General Plan amendments in this Statistical Area within the last 10 years. 11-5 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 6 Newport Place Planning Community (Zoning Code) Amendment The property is currently located within Industrial Site 3A of PC-11 and not within the Residential Overlay (Overlay) of PC-11. The industrial zoning designation was established in 1972 with the adoption of the planned community text. Office development is and remains an allowed use. A request to allow the subject property to be added to the Overlay of PC-11 is necessary to accommodate the proposed residential development. Further change to PC-11 is not necessary as the intent of the residential overlay is to allow housing regardless of the underlying zoning category. The property is located within 85 feet of properties subject to the Overlay. The Overlay allows for multiple residential development as a stand-alone use provided that it includes a minimum of 15% of the base density for lower income households. The project provides this minimum number of affordable units by providing 23 dwelling units as affordable for very -low-income households. The Overlay also contains development standards for multi -residential development, including density, height, setbacks, parking, signage, airport noise compatibility, amenities, and landscaping. Although the Project includes waivers or reductions of the development standards, the overall intent of providing residential opportunities in the proposed Residential Overlay is being met. Site Development Review A Site Development Review application is required for multiple -residential development projects, pursuant to the Residential Overlay of PC-11 and consistent with NBMC Section 20.52.080 (Site Development Review). The required findings ensure the proposal is a quality project that is consistent with the General Plan policies and compatible with physical characteristics of the site and surroundings to reduce or minimize potential negative impacts. The site development review application ensures the project will be implemented consistent with the development standards established in the Residential Overlay of PC-11. Traffic Study Section 15.40 (Traffic Phasing Ordinance) of the NBMC requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates an excess of 300 new average daily trips (ADT). Ganddini Group Inc. prepared a traffic study dated June 28, 2023 (Exhibit E of Attachment B). The analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable levels of service. Findings related to the preparation of the traffic study are provided in Attachment B. 11-6 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 7 Affordable Housing Implementation Plan The applicant has prepared an Affordable Housing Implementation Plan (AHIP), dated August 11, 2023 (Exhibit D of Attachment B) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant Government Code Section 65915-65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus Code). Consistent with the affordable housing requirements of the Residential Overlay, 15% or 23 units of the project's 153 base units would be set aside as affordable units to very -low-income households for 55 years. The 15% allocation of very -low-income households makes the project entitled to a density bonus of 50% (77 units) above the maximum number of units allowed by the General Plan. In addition to the 77 density bonus units requested, the project is entitled to receive three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. A reduction or waiver of any City imposed fee or dedication of land is considered an incentive or concession, however, the decision to approve the incentive/concession is at the sole discretion of the City Council and not guaranteed. The applicant requests the following incentives: Incentive/Concession Requests. a. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and Distribution of Affordable Units). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. Granting this incentive would result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility. b. Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan Land Use Policy LU 6.15.13, the Applicant is required to dedicate a'/z acre of land for a neighborhood park or pay an in -lieu fee for the City to acquire and improve parks in the Airport Area. The applicant is required to pay $1,837,500 for the in -lieu park fee (1/2-acre park equivalent). The Applicant is contributing approximately $581,247 for this purpose; therefore, an incentive/concession is required to waive the remaining fee. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing an identifiable cost reduction that make the provision of affordable units feasible. Because the request includes a waiver of a City imposed fee, the Council has the discretion to approve, deny or modify this concession. 11-7 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 8 Development Standard Waivers In addition to the density bonus units, parking reductions, and financial concessions, the Project is entitled to receive unlimited waivers or reductions of development standards if the development standard would physically prevent the project from being built at the permitted density. In this case, the Applicant requests waivers of the following development standards, described in greater detail in the December 7, 2023, Planning Commission staff report (Attachment F): 1. Park dedication requirement 2. Residential density 3. Street setbacks 4. Building height 5. Private open space 6. Common open space Development Aareement In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC, a development agreement is required as the proposed Project includes an amendment to PC-11 and a General Plan Amendment to change the land use designation. Additionally, the Project includes the development of 50 or more residential units. The applicant requests a 10-year term of agreement, and this duration should be sufficient to implement the project. The agreement provides assurance that the applicant may proceed with the proposed project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the agreement helps the applicant avoid a waste of resources and escalated costs of the proposed project while encouraging a commitment to private participation in comprehensive planning. Staff supports the requested 10-year term. The development agreement provides vested rights to develop the project. The total fee will have three components: a public safety fee, a park in -lieu fee, and a general public benefit fee (Table 3). The public safety fee will assist the City with the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 and will serve this area or other public safety needs. The park fee will be used consistent with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and development of a neighborhood park in the Airport Area. The public benefit fee will be used solely at the City Council's discretion. The general public benefit fee is subject to inflation after two years, based on the CPI Index. 11-8 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 9 Table 3: Projected Public Benefit Fees Category Fee Public Safety $232,560 Reduced Park In -Lieu $581,247 General Public Benefit $2,893,383 Total $3,707,190 Finally, the agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq. The development agreement can be found as Exhibit B of Attachment D of this report. Plannina Commission Review and Recommendation On December 7, 2023, the Planning Commission conducted a duly noticed public hearing to consider the requested applications. The Planning Commission discussed the merits of the project, its amenities, required off -site sewer improvements, and the project's contribution to the City's Regional Housing Needs Allocation. One member of the public addressed the Planning Commission regarding the request. At the conclusion of the public hearing, the Planning Commission voted 6-0, with one Commissioner absent, to adopt Resolution No. PC2023-043, recommending the City Council approve the project. The Planning Commission staff report, meeting minutes, and resolution are included for reference as Attachment Nos. F, G, and H. Airport Land Use Commission (ALUC) Override The project site falls within the airport planning area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC) require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on the Project at its January 18, 2024, meeting and found the Project is inconsistent with the AELUP due to issues with noise, safety, and concentration of people in areas susceptible to aircraft accidents. On February 13, 2024, the City Council held a public hearing and adopted Resolution No. 2024-9 to notify ALUC and the California Department of Transportation (Caltrans), Aeronautics Program of the City's intent to override ALUC's determination, as afforded to the City in PUC Section 21676(b). Notice of the Council's action was sent to ALUC and the California Department of Transportation, Aeronautics Program on February 14, 2024, which initiated a 45-day comment period on the intent to override. 11-9 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 10 The City received comments from ALUC on March 12, 2024 and the Caltrans Aeronautics Program on March 12, 2024 (Attachment 1). The letter from ALUC reiterates its concerns about the Project and outlines its response to the City's proposed findings of the potential override. The letter from Caltrans Aeronautics Program also expresses concerns about noise and safety. Staff believes that the noise and safety concerns have been adequately addressed. The Project is located within the updated 60 dBA CNEL contour, consistent with the updated noise contours approved as part of the Housing Element Implementation Noise -Related Amendments. Additionally, the Project has been conditioned to provide an acoustical report which describes the best design features of the structure that will satisfy noise standards, be attenuated to provide a maximum interior noise level of 45 dBA, and provide advanced air filtration systems to promote cleaner air without the opening of windows. These conditions of approval mitigate noise issues for the Project and are consistent with the 45 dBA interior noise standards of the AELUP. With regard to safety concern, the Project complies with the policies and regulations within the JWA Airport Planning Area and follows the safety standards of the AELUP as it is located within Safety Zone 6 and is not within the JWA Clear Zone/Runway Protection Zone. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on August 21, 2023, thereby finding the Project does not exceed obstruction standards and would not be a hazard to air navigation. As a final review authority on legislative acts, the City Council may choose to override ALUC's determination with a two-thirds vote if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. FISCAL IMPACT: Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development Economics dated March 12, 2024 (Attachment J). The fiscal impact model used in the report calculates public service impacts for specific land uses that support the residential population, the employment base, and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes, as well as a variety of user charges and fees. The fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in approximately the same way that existing development does. 11-10 Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 11 The report concludes that the proposed residential rental project would generate a negative fiscal impact for the City, higher than the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of about $47,229 per year and the project would generate a negative fiscal impact of approximately $74,503. This is consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some very high value luxury residential projects have shown a positive fiscal benefit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year. Additionally, the project will be required to pay public benefit fees as part of the development agreement, which would offset some of the impacts. The project would also provide much needed housing opportunities in the City in furtherance of the certified Housing Element, including 23 rental units affordable to very -low-income households. ENVIRONMENTAL REVIEW: Environmental Impact Report Addendum No. 7 has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the Program Environmental Impact Report (PEIR) for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR or Negative Declaration that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project. The entire Addendum No. 7 and its technical appendixes are available online at the City's website at: www.newportbeachca.gov/cega. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways), including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Approving the Residences at 1400 Bristol Street Project and Overriding Orange County Airport Land Use Commission's Determination of Inconsistency April 9, 2024 Page 12 ATTACHMENTS: Attachment A — Resolution No. 2024-22 Attachment B — Resolution No. 2024-23 Attachment C — Ordinance No. 2024-8 Attachment D — Ordinance No. 2024-9 Attachment E — Resolution No. 2024-24 Attachment F — Planning Commission Staff Report (no attachments) Attachment G — Planning Commission Meeting Minutes Attachment H — Planning Commission Resolution No. 2023-043 (no exhibits) Attachment I — ALUC and Caltrans Comment Letters Attachment J — Fiscal Impact Memorandum dated March 12, 2024 Attachment K— Applicant's Project Description and Project Plans 11-12 Attachment A Resolution No. 2024-22 11-13 RESOLUTION NO. 2024- 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ADDENDUM NO. 7 TO THE 2006 GENERAL PLAN UPDATE PROGRAM ENVIRONMENTAL IMPACT REPORT AND THE 2008-2014 CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE INITIAL STUDY/NEGATIVE DECLARATION FOR THE RESIDENCES AT 1400 BRISTOL STREET PROJECT LOCATED AT 1400 BRISTOL STREET (PA2022-0296) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Piceme Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit which is attached hereto and incorporated by reference ("Property"). WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals: • General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project; 11-14 Resolution No. 2024- Page 2 of 9 • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space along with two development concessions related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Law"); • Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; 11-15 Resolution No. 2024- Page 3 of 9 WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; 11-16 Resolution No. 2024- Page 4 of 9 WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; and WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council adopted Resolution No. 2006-75 on July 25, 2006, thereby certifying the adequacy and completeness of the Environmental Impact Report ("EIR") for the General Plan Update (SCH No. 2006011119), which is attached hereto as Exhibit "B" and incorporated herein by reference. The EIR was prepared in compliance with CEQA Guidelines set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines") and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report ("PEIR") which analyzed the potential impacts of a citywide land use plan, and the goals and policies of the 10 General Plan elements. Section 2: The City Council adopted General Plan Amendment No. GP2008- 003 on November 22, 2011, thereby approving the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration under CEQA, which is attached hereto as Exhibit "C" and incorporated herein by reference. 11-17 Resolution No. 2024- Page 5 of 9 Section 3: The City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007 and July 24, 2012 respectively, approving Addenda Nos. 1 and 2 to the 2006 General Plan Update EIR which are attached hereto as Exhibits "D" and "E" and incorporated herein by reference, to analyze changes to the development intensities within the North Newport Center Planned Community ("NNCPC") Development Plan. No analysis specific to the Property was included in Addenda Nos. 1 and 2. Section 4: The City Council adopted Resolution No. 2020-78 on September 8, 2020, approving Addendum No. 3 (ER2020-002), which is attached hereto as Exhibit "F" and incorporated herein by reference, to the 2006 General Plan Update EIR to amend the General Plan Land Use Designation of the Newport Airport Village project located 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from AO (Airport Office and Supporting Uses) to Mixed -Use Horizontal 2 (MU-H2) and to amend Table LU2 (Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling units, exclusive of any permitted density bonus, and 297, 572 square feet of commercial uses. No analysis specific to the Property was included in Addendum No. 3. Section 5: The City Council adopted Resolution No. 2021-2 on January 26, 2021, approving Addendum No. 4 (ER2020-003), which is attached hereto as Exhibit "G" and incorporated herein by reference, to the PEIR to amend Planned Community Development Plan No. 15 (Koll Center Newport Planned Community) for the creation of a residential overlay zone and a park overlay zone to allow for residential use and a public park within the Koll Center Newport Professional and Business Office Site B, including a major site development review, traffic study, lot line adjustment, affordable housing implementation plan, and development agreement for the Residences at 4400 Von Karman Project. No analysis specific to the Property was included in Addendum No. 4. Section 6: The City Council adopted Resolution No. 2022-19 on March 22, 2022, approving Addendum No. 5 (ER2022-001), which is attached hereto as Exhibit "H" and incorporated herein by reference, to the PEIR to approve the Residences at 1300 Bristol Street Project. No analysis specific to the Property was included in Addendum No. 5. 11-18 Resolution No. 2024- Page 6 of 9 Section 7: The Planning Commission approved Resolution No. PC2022-011 on May 12, 2022, approving Addendum No. 6 (ER2022-002), which is attached hereto as Exhibit "I" and incorporated herein by reference, to the PEIR to approve the Ritz Carlton Residences Project. No analysis specific to the Property was included in Addendum No. 6. Section 8: The Planning Commission recommended approval to City Council of Addendum No. 8 (PA2023-0040) on December 21, 2023, which is attached hereto as Exhibit " K" and incorporated herein by reference, to the PEI R for the consideration of the Residences at 1401 Quail Street Project. No analysis specific to the Property was included in Addendum No. 8. Section 9: Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. Substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable due diligence at the time the previous EIR was certified as complete, shows any of the following: The project will have one or more significant effects not discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 11-19 Resolution No. 2024- Page 7 of 9 iv. Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section 10: Addendum No. 7 to the PEIR was prepared pursuant to Sections 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines. Section 11: The following environmental topics were analyzed for the Project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal and Cultural Resources, Utilities and Service Systems, and Wildfire. Addendum No. 7 includes analysis of new topics that were not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and Tribal Cultural Resources section. These additional analyses are appropriate for inclusion in Addendum No. 7, but none result in new or increased significant impacts that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines. Section 12: On the basis of the PEIR and entire environmental review record, the Project (inclusive of recommended conditions of approval) will not result in any new significant impacts that were not previously analyzed in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR. Addendum No. 6 confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in either the PEIR, and Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR, the 2008-2014 Housing Element Update Initial Study/Negative Declaration Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR as augmented by Addendum No. 7 for this Project, are considered part of the record. 11-20 Resolution No. 2024- Page 8 of 9 Section 13: Addendum No. 7 which is attached hereto as Exhibit "J" is hereby adopted by the City Council. Addendum No. 7 and related referenced documentation including, but not limited to Exhibits "B" through "J" and "K," constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. Section 14: The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 15: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 16: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 11-21 Resolution No. 2024- Page 9 of 9 Section 17: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk small certify the vote adopting the resolution. ADOPTED this 9t" day of April, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7�� C Aar n C. Harp City Attorney Attachments: Exhibit "A" — Legal Description Exhibit "B" — 2006 General Plan Update EIR Exhibit "C" — 2008- 2014 City of Newport Beach Housing Element Update Initial Study/ Negative Declaration Exhibit "D" — Addendum No. 1 (North Newport Center) Exhibit "E" — Addendum No. 2 (North Newport Center Planned Community Amendment) Exhibit "F" — Addendum No. 3 (Newport Airport Village - ER2020- 002) Exhibit "G" — Addendum No. 4 (Residences at 4400 Von Karman — ER2020- 003) Exhibit "H" — Addendum No. 5 (Residences at 1300 Bristol — ER2022- 001) Exhibit "I" — Addendum No. 6 (Ritz Carlton Residences -- PA2021- 296) Exhibit "X — Addendum No. 7 (Residences at 1400 Bristol Street — PA2022-0296) Exhibit "K" — Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040) 11-22 Exhibit "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-23 Exhibit "B" The 2006 General Plan Update EIR Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-24 Exhibit "C" 2008-2014 City of Newport Beach Housing Element Update Initial Study/ Negative Declaration Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- develop ment/planninq-division/projects-environmental-document-download- page/environmental-document-download -page-arch 11-25 Exhibit "D" Addendum No. 9 (North Newport Center) Available separately due to bulk at: https://www. newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-26 Exhibit "E" Addendum No. 2 (North Newport Center Planned Community Amendment) Available separately due to bulk at: https://www.newportbeachca.gov/govemment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-27 Exhibit "F" Addendum No. 3 (Newport Airport Village — ER2020-002) Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-28 Exhibit "G" Addendum No. 4 (Residences at 4400 Von Karman - ER2020- 003) Available separately due to bulk at: https://www.newportbeachca.gov/govemment/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-29 Exhibit "H" Addendum No. 5 (Residences at 1300 Bristol - ER2022-001) Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-30 Exhibit "I" Addendum No. 6 (Ritz Carlton Residences — PA2021-296) Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- development/planning-division/general-plan-codes-and-regulations/general- plan/general-plan-environmental-impact-repor 11-31 Exhibit "J" Addendum No. 7 (Residences at 1400 Bristol Street — PA2022-0296) Available separately due to bulk at: https://www. newportbeachca.gov/government/departments/community- development/planning-division/projects-environmental-document-download- page/environmental-document-download-page 11-32 Exhibit "K" Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040) Available separately due to bulk at: https://www.newportbeachca.gov/government/departments/community- development/planning-division/projects-environmental-document-down load- page/environmental-document-download-page 11-33 Attachment B Resolution No. 2024-23 11-34 RESOLUTION NO. 2024- 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT, SITE DEVELOPMENT REVIEW, AFFORDABLE HOUSING IMPLEMENTATION PLAN AND TRAFFIC STUDY FOR THE RESIDENCES AT 1400 BRISTOL STREET PROJECT LOCATED AT 1400 BRISTOL STREET (PA2022-0296) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Picerne Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"). WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals: • General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDK') - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project; • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development 11-35 Resolution No. 2024- Page 2 of 27 standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, and common open space along with two development concessions related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Lanni'); • Development Agreement ("DA") - A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 11-36 Resolution No. 2024- Page 3 of 27 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; and 11-37 Resolution No. 2024- Page 4 of 27 WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council hereby approves a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan, and Traffic Study subject to the conditions of approval which are attached hereto as Exhibits "B" through "F" respectively, and incorporated herein by reference. Section 3: An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Project is consistent with the General Plan and the GPA is consistent with other General Plan policies as follows: 1. The request is to amend the General Plan Land Use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-1­12). The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. 2. The GPA and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual development of 11-38 Resolution No. 2024- Page 5 of 27 residential multifamily dwellings. Additionally, even with the conversion from CO- G to MU-H2, the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area. 3. The GPA from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU- H2) does not eliminate existing or future land uses to the overall detriment of the community given the Property's size, location, and surrounding uses. The existing office buildings on -site were built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The proposed change to allow residential uses would increase the City's housing stock including the provision of 23 units that will be affordable to lower income households. 4. The Property is located in an area of the city that has sufficient utility systems to serve the Project once the Applicant completes a necessary upgrade to an off -site sewer line. As conditioned, the Applicant will replace the existing 10-inch vitrified clay pipe ("VCP") pipe with a 12-inch sewer main, which is located near the intersection of Newport Place and Dove Street. This off -site improvement would result in approximately 435 linear feet of sewer line replacement. No off -site improvements other than typical utility connections are proposed or required as part of the Project (other than the pedestrian bridge that would cross the public right-of-way). 5. The Project is consistent with the following City of Newport Beach General Plan policies that establish fundamental criteria for the formation and implementation of new residential villages in the Airport Area (additional policy analysis is included in Addendum No. 7, prepared for the Project). a. Land Use Policy LU 1.1 (Unique Environment): Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. The Project enhances the distinct, urban character of the Airport Area by providing a means for replacing parking lots and 1970's era office buildings with attractive and functional residential development, in line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The Property 11-39 Resolution No. 2024- Page 6 of 27 is not in or near any of the City's areas that feature the harbor, unique topography, or view sheds. The proposed project would introduce residential units to the Property consistent with the uses and urbanized character of the Airport Area and the proposed Mixed -Use Horizontal 2 (MU-H2) designation. b. Land Use Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. The Project establishes 229 multi -family residential units, including 23 affordable units for very low-income households. The Project responds to market needs and diversifies the City's housing stock by adding additional dwelling units to the Airport Area. c. Land Use Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) - Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The Project is within the boundaries of the AELUP, therefore, the ALUC, must review the GPA and PCDP Amendment pursuant to Government Code Section 65302.3 and Public Utilities Code Section 21676. The purpose of ALUC's review is to determine whether the Project is consistent with the AELUP prior to the City Council taking action on the Project. The Project is consistent with the noise and safety standards of the AELUP. With respect to noise, the City adopted noise -related amendments to the General Plan Noise and Land Use Elements, the Newport Place Planned Community (PC-11) and Title 20 (Planning and Zoning) of the NBMC contours to implement the 6th Cycle Housing Element. The Project is located within the updated 60 decibel (dBA) community noise equivalent level ("CNEL") contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Noise -Airport 11-40 Resolution No. 2024- Page 7 of 27 Environs Land Use Plan) of the NBMC. The Property is outside of any safety zones set forth in the AELUP, therefore, is consistent with the noise standards of the AELUP. d. Land Use Policy LU 6.15.3 (Airport Compatibility). Require that al/ development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. The Project is located at 1400 Bristol Street and approximately 85 feet in height. The Federal Aviation Administration ("FAA") conducted an aeronautical study of the Project pursuant to applicable federal regulations and has determined no hazard to air navigation for the Project. The Project is located within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the NBMC. e. Land Use Policy LU 6.15.5 (Residential and Supporting Uses). Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. 11-41 Resolution No. 2024- Page 8 of 27 General Plan Land Use Policy LU 6.15.5 establishes a development limit of 2,200 maximum dwelling units for the Airport Area. Of the 2,200 residential units allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to replace other units and they may be constructed as "in -fill' units to existing commercial or office development within the Conceptual Development Plan Area ("CDPA") of the Airport Area. Any eligible density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC are not included in the 2,200-unit allowance. The 550 additive units have been previously allocated to the Uptown Newport and Residences at 4400 Von Karman projects. Considering the dwelling unit sum of the previously approved projects, the remaining and available development allocation within the Airport Area would be 353 dwelling units. With the development of this Project, there would be 264 dwelling units (353- 89=264) exclusive of density bonus units and units authorized through a GPA. The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential use (office) without a GPA, and the number of peak hour trips generated by cumulative development of the Property shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area is required. This results in a total of 89 dwelling units. The Project includes a request for a GPA to increase the base units by 64 dwelling units, which results in a total base unit count of 153 dwelling units. With a 50% density bonus, a maximum of 230 units could be constructed and a total of 229 dwelling units are proposed. Presently, there are a total of 353 remaining and available dwelling units in the Airport Area. Considering the dwelling unit sum of the previously approved projects and this Project, the remaining development allocation within the Airport Area would be 264 (353-89) dwelling units excluding any density bonus units. 11-42 Resolution No. 2024- Page 9 of 27 f. Land Use Policy LU 6.15.6 (Size of Residential Villages). Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required. The Property is 2.38 acres in size. The Residential Overlay of the Newport Place Planned Community (PC-11) allows residential development on sites containing less than 10 acres, if housing units affordable to lower income households are provided. The Project includes 23 dwelling units that will be affordable for very -low-income households. If the Newport Beach Planned Community (PC-11) Development Plan is amended to include the Project within the Residential Overlay, as requested by the Applicant, the Project will be exempt from General Plan Land Use Policy LU 6.15.6 (Size of Residential Villages). g. Land Use Policy LU 6.15.7 (Overall Density and Housing Types). Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights -of -way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high- rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. The Project proposes 153 base units at a density of 64 dwelling units per acre on the 2.38-net-acre site. A waiver from General Plan Land Use Policy LU 6.15.7 regarding maximum density has been requested by the Applicant as a part of the Project in accordance with State Density Bonus Law and Section 20.32 (Density Bonus) of the NBMC. The base density does not include the 50% density bonus of 77 units that is allowed by the State Bonus Density law 11-43 Resolution No. 2024- Page 10 of 27 which includes 23 units set aside for affordable housing. Altogether, the Project has an overall density of 96 dwelling units per acre, which is exclusive of rights - of -ways, public pedestrian ways, and neighborhood parks. The Project is a for -rent apartment building with 229 units. There is a mixture of unit types, ranging from studios to two -bedroom units, accommodating a variety of household types and incomes. Of the 229 units, 23 units will be affordable to very low-income households and 206 units will be market -rate housing, which will increase the City's overall housing stock for various household income levels. h. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and Density). Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. The Project would be developed in one phase on an individual site with a density of 96 units per acre. The Project provides a mixture of residential unit types that include 23 units of affordable housing to very -low-income households. The proposed density is above the required minimum of 45 units per acre and the Applicant is requesting a development standard waiver allowed by State Density Bonus Law to exceed the maximum density of 50 units per acre. i. Land Use Policy LU 6.15.13 (Neighborhood Parks Standards). To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights -of -way) of the first phase development in each neighborhood, or % acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. 11-44 Resolution No. 2024- Page 11 of 27 In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The Project includes a waiver from General Plan Land Use Policy LU 6.15.13 (Neighborhood Parks Standards), as allowed by the policy, due to a 2.38-acre parcel size that is too small to feasibly accommodate a park. j. Land Use Policy LU 6.15.14 (Location). Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park),and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. See finding for General Plan Land Use Policy LU 6.15.13 (Neighborhood Parks Standards) above, which is incorporated herein by reference. k. Land Use Policy LU 6.15.16 (On -Site Recreation and Open Space Standards). Require developers of multi -family residential developments on parcels 8 acres or larger to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of 11-45 Resolution No. 2024- Page 12 of 27 sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30 percent of the parkland dedication requirements. The Project is located on a 2.38-acre site and is not subject to General Plan Land Use Policy LU 6.15.16, as the policy only applies to properties consisting of eight acres or larger. However, the Project exceeds the 44 square feet per unit minimum by providing approximately 60 square feet per unit (approximately 13,800 square feet) of on -site recreational amenities including a large central courtyard, clubroom, a roof deck, and a lounge area. I. Land Use Policy LU 6.15.17 (Street and Pedestrian Grid). Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. The Project is a podium style development with two driveways for vehicular circulation to the garage entries, accessed from Spruce Street and Bristol Street. Pedestrian connections are provided to public sidewalks along Spruce Street and Bristol Street. The Project retains the curb -to -curb dimension of both Bristol Street and Spruce Street and will include sidewalk easements to provide 10-foot-wide sidewalks. m. Land Use Policy LU 6.15.18 (Walkable Streets). Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short term parking for visitors and shop customers. See finding for General Plan Land Use Policy LU 6.15.17 (Street and Pedestrian Grid) above, which is incorporated herein by reference. n. Land Use Policy LU 6.15.19 (Connected Streets). Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. if traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. 11-46 Resolution No. 2024- Page 13 of 27 See finding for General Plan Land Use Policy LU 6.15.17 (Street and Pedestrian Grid) above, which is incorporated herein by reference. o. Land Use Policy LU 6.15.20 (Pedestrian Improvements). Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the public at all times. The Project includes conditions of approval requiring the reconstruction of all broken and/or damaged curb, gutter, and sidewalk along Spruce and Bristol Street frontages to preserve and improve all existing sidewalks for pedestrian access. p. Land Use Policy LU 6.15.22 (Building Massing). Require that high-rise structures be surrounded with low- and mid -rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. The Project is approximately 85 feet in height and compatible with nearby properties as well as the larger pattern of development in the Airport Area, with building mass and scale similar to the nearby existing office developments and the approved, but not yet construction 78-foot-tall residential apartment building at 1300 Bristol Street. The nearby property at 1451 Quail Street is developed with an approximately 37-foot tall office building. The property located across the street at 1400 Quail Street, is developed with an approximately 30-foot-tall office building. A project is currently being reviewed for an approximately 86- foot-high condominium project at 1401 Quail Street, which is adjacent to the site. The Project includes pedestrian connectivity to public sidewalks along Bristol Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. Lastly, the Project includes a pedestrian bridge across the Spruce Street right-of-way that would connect to the approved project at 1300 Bristol. The bridge would be connected to and accessible from the second level of both buildings, which would reduce the appearance of bulk and scale from the street level. 11-47 Resolution No. 2024- Page 14 of 27 q. Land Use Policy LU 6.15.23 (Sustainability Development Practices). Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs - generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on - site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss. The Project is required to comply with the provisions of the Building and Energy Efficiency Standards codified in Title 24, Parts 6 and 11 of the California Code of Regulations ("CCR") and the Green Building Standards Code codified in Title 24, Part 11 of the CCR. Additionally, the Project would implement water - efficient landscaping, water quality best management practices to treat surface runoff from the Property, and low impact development practices. The Project is also adjacent to office developments in the Airport Area and would provide housing near employment opportunities. The Project includes pedestrian linkage to public sidewalks that would provide connections throughout the site and to adjacent and surrounding uses, thereby providing an alternative mode of public transportation for the residents and their visitors. The Project would also provide alternative forms of transportation to residents by locating close to the existing Orange County Transportation Authority (OCTA) bus routes provided along Bristol Street and Birch Street. Tribal Consultation (SB18) Finding: Pursuant to California Government Code Section 65352.3 ("SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Fact in Support of Tribal Consultation Finding: The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided 11-48 Resolution No. 2024- Page 15 of 27 notice on January 26, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. Charter Section 423 Analysis Finding: Section 423 of the Charter of the City of Newport Beach ("Charter Section 423") requires voter approval of any major General Plan amendment. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. Facts .in Support of Finding with Charter _Section 423: The Project is the first General Plan Amendment in Statistical Area L1 within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan (2,200 in -fill units maximum in the Airport Area based on conversion of existing commercial floor area). Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. 11-49 Resolution No. 2024- Page 16 of 27 The 64 additional dwelling units result in a net increase of 24 a.m. peak hour trips and 25 p.m, peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 111h Edition trip rate for the proposed use, as provided in Council Policy A-18. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Greenlight thresholds. Furthermore, since there have been no other applicable projects in the last 10 years, there is no need to analyze the cumulative development of 80% of prior General Plan amendments from the last 10 years with the proposed project (i.e., cumulative analysis). As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. Section 4: In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Finding of Consistena with Section 20.52.080F 1 : The proposed development is allowed within the subject zoning district. Fact in Support of Finding with Section„ 20.52.080(F)(1): The Property is located within Industrial Site 3 of the Newport Place Planned Community (PC-11). The Project includes a request to amend Property's land use designation to be included as a part of the Residential Overlay of the Newport Place Planned Community (PC-11). The residential overlay allows for residential development consistent with the requested Mixed -Use Horizontal 2 (MU-H2) land use designation and subject to site development review. Finding of Consistency with Section 20.52.080(F)(2): The proposed development is in compliance with all of the following applicable criteria: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; 11-50 Resolution No. 2024- Page 17 of 27 ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and vi. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protection). Facts. in Support of Finding with Section 2.0.52.080(F)(2): 1. Refer to General Plan Amendment in Section 3 above that discuss the Project's consistency with the proposed Mixed -Use Horizontal 2 (MU-H2) General Plan land use designation. 2. The Project includes PCDP Amendment, which incorporated the zoning regulations for the Property. The amendment, which is a legislative act, would include the Property within the Residential Overlay of the Newport Place Planned Community (PC-11). The PCDP Amendment complies with the intent of the proposed Residential Overlay of the Newport Place Planned Community (PC-11) as follows: a. The Project allocates 15% of the base units (23 dwelling units) as affordable for very -low-income households. b. Given the location of Property in the Airport Area which includes a mixture of service uses, hotels, John Wayne Airport and commercial support services, professional offices, and new residential developments that cumulatively contain the ingredients of a planned community, the PCDP Amendment would not disrupt the existing uses within the Planned Community and would add to this diversity of uses, assisting the City in larger scale community planning and the provision of additional housing opportunities. 11-51 Resolution No. 2024- Page 18 of 27 c. The Property is located within 85 feet of the Residential Overlay. The property nearest to the Property within the Residential Overlay is 1300 Bristol Street, across Spruce Street. The property at 1300 Bristol has been approved but not yet constructed as a residential apartment project. The Project at 1400 Bristol Street includes a pedestrian bridge that would extend from the subject site to the approved residential project at 1300 Bristol Street. The Project would be consistent with the anticipated future development of 1300 Bristol Street as well other adjacent properties within the Residential Overlay of the Newport Place Planned Community (PC-11). The proposed pedestrian bridge would support pedestrian connectivity that integrates the Project into the existing community and larger residential development that may occur in the future pursuant to Section F (Amenities and Neighborhood Integration) of the Newport Place Planned Community (PC-11). d. The Project would be subject to the appropriate site and project specific setbacks, density, and height limits for this urban location. All required parking is provided on -site. The Project compiles with the development standards identified for the Residential Overlay, except as modified by the allowed development standard waivers identified in the Affordable Housing Implementation Plan. The Residential Overlay provides a density range for proposed projects and references the Section 20.32 (Density Bonus) of the NBMC that prescribes the maximum density bonus and incentives allowed. Although the PCDP Amendment references a maximum density bonus of 35%, the project requests a 50% density bonus, which is consistent with Section 20.32 (Density Bonus) of the NBMC that allows up to 80% density bonus depending on the percentage of affordable units being provided. Therefore, the Project is consistent with the intent of the density bonus assumptions in the Residential Overlay provisions of the Newport Place Planned Community (PC-11) and within the maximum allowed by the density bonus provisions. e. The PCDP Amendment requires a SDR in accordance with Section 20.52.080 of the NBMC. The Project includes a site development review, and all required findings are addressed below. f. The Newport Place Planned Community (PC-11) requires the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 153 base units, not including density bonus units. Since the Property is 2.28 acres in size, there is a base density of 67 dwelling units per acre. With the density bonus, there is a total of 229 dwelling units, which results in 96 11-52 Resolution No. 2024- Page 19 of 27 units per acre. Both the base density and density bonus units are not consistent with the Newport Place Planned Community (PC-11) density requirement; however, the Applicant is requesting a development standard waiver which is required under State Density Bonus Law and Section 20.32.080 (Waivers or Reductions of Development Standards) of the NBMC where application of the development standard would physically preclude construction of a density bonus project. g. The Property is located near existing office buildings within the Airport Area and is not negatively impacted by noise, dust, smoke, vibration, odor, toxic or noxious matter that may be generated by existing commercial or industrial uses nearby. h. Residential dwellings are to be permitted as replacement of existing nonresidential uses, and the number of peak hour trips generated by the Project is not to exceed the number of trips of the underlying permitted nonresidential use. The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. A standardized conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area, as provided by the City Traffic Engineer, is required. This results in a total of 89 dwelling units, which is the proposed base density of the Project less the GPA units requested. The Applicant is requesting a GPA to increase the base units for the Project by 64 dwelling units. With a 50% density bonus or 77 dwelling units requested, a total of 229 dwelling units are proposed for the Project. The Property is fully developed and does not support any natural resources and all potential environmental impacts associated with the Project are appropriately addressed through standard building permit procedures, conditions of approval, and the General Plan Policies identified in the for the 2006 General Plan Update PEIR (SCH No. 2006011119) and the City of Newport Beach Housing Element Update Initial Study/Negative Declaration. 3. The proposed six -story residential building would be approximately 85 feet in height inclusive of architectural elements and rooftop mechanical equipment. The architecture would be high -quality and incorporate neutral colors with stone/tile, metal, and glass features. The proposed pedestrian bridge is designed to match the architectural style of the proposed building and the approved, but not yet constructed apartment building at 1300 Bristol Street. The pedestrian bridge includes "see - through" elements that reduce its mass and scale. The Project's building mass 11-53 Resolution No. 2024- Page 20 of 27 including the pedestrian bridge are compatible with the surrounding office developments and anticipated future development. 4. The Project includes a variety of enhanced amenities such as private balconies for most of the units, an outdoor courtyard with pool and spa, a clubroom, a fitness center, roof deck, and lounge area. 5. The Project includes 422 onsite parking spaces located in a gated parking structure. Therefore, upon completion of the Project, there would be adequate onsite parking exceeding the minimum required residential standard pursuant to State Density Bonus Law. The parking is largely screened from public view, with two of the three levels located entirely below grade and landscaping buffers around the first floor parking structure. 6. The Property is generally flat and bordered by existing office buildings and developed roadways. The City's General Plan does not identify any scenic vistas or view points on or proximate to the Property. The nearest public view point to the Property identified in the City's General Plan is approximately 0.5 mile south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately 2,000 feet south of the site. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project. Finding of Consistency with Section 20.52.080(F)(3): The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding with Section 20.52.080 F 3 : 1. The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. 2. The proposed residential building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. A Fire Department turnaround area is provided on -site at the rear of the property. Refuse collection is accommodated via an 11-54 Resolution No. 2024- Page 21 of 27 on -site staging area along the private driveway (accessed from Bristol Street) to ensure safe maneuvering by refuse vehicles. As conditioned, the Project will also be required to accommodate sufficient queuing for vehicles onsite, so that vehicles waiting to enter the garage will not cause impacts to the Spruce Street right-of-way. 3. The Property is located approximately 0.45-mile of the southemmost John Wayne Airport runway and is within the notification area of the AELUP for John Wayne Airport. However, the Project is below the maximum transitional imagery surface heights, and thus the Project is within the building height limits of the AELUP. The Property is located partially within the updated 65 dBA CNEL noise contours for John Wayne Airport and Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the residential overlay, the Project shall be required to comply with conditions specified in Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the NBMC, including provisions of noise study, sound attenuation design features, and notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations. 4. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. 5. As conditioned, the proposed pedestrian bridge shall be required to comply with standards of the Caltrans Highway Design Manual, which includes a minimum vertical clearance above the Spruce Street right-of-way. The final design of the bridge will be subject to City review, which will ensure that the bridge is constructed in a manner that will not obstruct views for motorists, cyclists, or pedestrians in the vicinity. Section 5: In accordance with Section 15,40.030 (Traffic Phasing Ordinance - Standards for Approval -Findings -Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth as follows: _ Finding of Consistency with Section 15.040.030 (A)(1): ....,_ , ...,,.,. _., That a traffic study for the project has been prepared in compliance with this chapter and Appendix A [NBMC Chapter 15.401, Fact in Support of Finding with Section 15,040.030 (A)(1): A traffic study, entitled 1400 Bristol Street North Residences Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated June 28, 2023, attached hereto as Exhibit "E", 11-55 Resolution No. 2024- Page 22 of 27 was prepared forthe Project in compliance with Chapter 15.40 (Traffic Phasing Ordinance and Appendix A) of the NBMC. Finding of Consistency with Section 15.040.030 (A)(2): That, based on the weight of the evidence in the administrative record, including the traffic study, one of the fnndings for approval in subsection 15.40.030(B) can be made: i. Construction of the project will be completed within 60 months of project approval in accordance with Section 15.40.030(B)(1) of the NBMC. ii. Additionally, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection in accordance with Section 15.40.030(B)(1)(a) of the NBMC. Facts in Support of Finding with Section 15.040.030 (A)(2): Based on the weight of the evidence in the administrative record, including the Traffic Study, and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a) can be made in that: a. The Project is anticipated to be completed by the end of 2026; well within the 60- month criteria. Therefore, the Traffic Study addresses the entire Project development. b. The Traffic Study provides an evaluation of morning and evening peak hours at 13 existing intersections that are located in the City and the adjoining City of Irvine. c. The Project is projected to generate an additional (i.e. net increase of) 624 daily trips, including 26 peak AM trips and 34 peak PM trips. When these trips distributed to these studied intersections, the analysis concludes that there is no significant impact as the Project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service. 11-56 Resolution No. 2024- Page 23 of 27 Finding of Consistency with -Section _15.040.030 (A)(3_): That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Fact in Support of Finding with Section 15.040.030 (A)(3): No improvements or mitigation are necessary because implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. The applicant will be required to pay any applicable Traffic Fair Share fees for the net increase in vehicles trips, which will be used to fund future planned improvements to the City's circulation system. The Applicant will also be subject to the payment of San Joaquin Hills Transportation Corridor Fees. Section 6: The AHIP, attached hereto as Exhibit "D," is consistent with the intent to implement affordable housing goals within the City pursuant to State Density Bonus Law and Chapter 20.32 (Density Bonus) of the NBMC for the following reasons: 1. Consistent with the requested 50% density bonus, 23 units (15% of the base units) would be set aside as affordable units to lower income households. Lower income households are defined as households with 80% or less of the area median income, adjusted for family size for minimum term of 55 years for very low-income households. The Project is consistent the provisions of the Residential Overlay of the Newport Place Planned Community (PC-11), which requires a minimum of 15% of base units to be set aside for lower income households. 2. The State Density Bonus Law and Section 20.32 (Density Bonus) of the NBMC provide for an increase in the number of units above General Plan and zoning limits for projects that include a minimum of 15% of the base units affordable to very -low- income households earning 50% or less of area median income. The Project's inclusion of 23 very -low-income units, which is 15% of the base unit count of 153 units makes the Project eligible for 77 additional units. Inclusive of all base units, density bonus units, and affordable units the total project includes 229 units. 3. In addition to the 77 density bonus units and parking reductions, the Project is entitled under State Density Bonus Law and Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC, to receive up to three incentives or concessions that 11-57 Resolution No. 2024- Page 24 of 27 would result in identifiable, financially sufficient, and actual cost reductions. The Project includes two development concessions for the proposed affordable unit mix that does not meet Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC. Additionally, the City may grant a concession from the payment of in -lieu park fees. Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. In this case, the Project provides a higher percentage of affordable studio units and fewer affordable two -bedroom units compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible. 4. In addition to the density bonus units, parking reductions, and concessions, the Project is entitled under State Density Bonus Law and Section 20.32.080 (Waivers or Reductions of Development Standards) of the NBMC, and recent caselaw to receive waivers or reductions of development standards where application of the development standard would physically preclude construction of a density bonus project. In this case, the following development standards are entitled to waiver: a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 1.97-acre Property is too small to feasibly accommodate a half -acre park. b. Residential density. General Plan Land Use Policy LU 6.15.7 requires residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would comply at 37 dwelling units per acre. Including the proposed GPA units, conversion units, and density bonus units, the Project would not comply at a density of 96 dwelling units per acre and a waiver is necessary to implement the project. 11-58 Resolution No. 2024- Page 25 of 27 c. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with 8-foot setbacks to Spruce Street and 18-foot setbacks to Bristol Street. d. Building height. The Newport Place Planned Community (PC-11) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 229 residential units. The Project is designed with a height of approximately 85 feet from established grade. e. Private open space. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC requires a minimum of 5 percent of the gross floor area of each unit to be provided as open space. The Project's studio dwelling units and nine of the two -bedroom units (including 4 units which provide only 2 square feet less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. f. Common open space. Section 20.18.030 (Residential Zoning Districts General Developments Standards) of the NBMC requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 17,175 square feet (75 square feet per unit x 229 units). The Project as designed provides approximately 13,800 square feet of common open space due to space limitations on the 2.38-acre lot. 11-59 Resolution No. 2024- Page 26 of 27 Section 7: Environmental Impact Report Addendum No. 7 was prepared for the Project in compliance with CEQA set forth in California Public Resources Code Section 2100 et seq.; CEQA's implementing regulations set forth in the CEQA Guidelines and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to ensure that the Project will not result in new or increased environmental impacts. On the basis of the entire environmental record, the Project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in the PEIR and the City of Newport Beach Housing Element Update Initial Study/Negative Declaration. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR or the City of Newport Beach Housing Element Update Initial Study/Negative Declaration, nor has any new information regarding potential for new or more severe significant environmental impacts been identified. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 8: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 9: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 11-60 Resolution No. 2024- Page 27 of 27 Section 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 9th day of April, 2024, Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. 0.�.� Aaron C. Harp City Attorney Attachments: Exhibit "A" — Legal Description Exhibit "B" — General Plan Amendment Exhibit "C" — Site Development Review Exhibit "D" — Affordable Housing Implementation Plan Exhibit "E" — Traffic Study Exhibit "F" — Conditions of Approval 11-61 Exhibit "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON. SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-62 Exhibit "B" General Plan Amendment 11-63 C G 1' 9 01,A CO-G °o U-H2 l� V V hA1R. h.�;h huh ti's1h y4`F s �d' 2�'v co-ST� ry 4271 Y M -H 2 4106 � A 4100 µEWP042T PLA CE OR °S MU-H2 oP�+ MU-H2 00 N� o apWSPRIT OR CG Q� PA2022-0296 General Plan Amendment HNBG� A CH 1400 Bristol St N City o4 Is I)Msio Bench GIS Division November 22, 2023 11-64 Table LL12 Anomaly Locations Anomaly Statistical Land Use Development Number Area Designation Limit (so Development Limit Other Additional Information 89 dwelling units were converted from two existing office buildings totaling 16 L4 CO-GlMU-H2 344,231 64 Qweliing Units 38,764 square feet consistent with LU 6.15.5 and 64 units were added through a GPA at 1400 Bristol Street (PA2022-0296) 11-65 Exhibit "C" Site Development Review 11-66 TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORTBEACH,CA ALIGLST11,2023 TCA # 2022-144 ••°�^••" PICERNEGROl1P C' 20' 40' 80, 1 SITE PLAN LEGEND ACCESSIBLE PATH OF TRAVEL 0 PODIUM ABOVE ARCHITECTURAL SITE PLAN 11-67 Exhibit "D" Affordable Housing Implementation Plan 11-68 I400 BRISTOL STREET NORTH AFFORDABLE HOUSING IMPLEMENTATIONPLAN AND DENSITYBONUS APPLICATION August II, 2023 Prepared by Springbrook , 111 Realty Advisors, Inc. 11-69 1400 BRISTOL STREET NORTH AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION August 11, 2023 Project Description & Affordability Level The Picerne Group ("Picerne") is proposing the 1400 Bristol Street North development ("Project") on a 2.38 acre site located in the Newport Place Planned Community ("Property"). The site is generally bounded by Bristol Street North on the South and Spruce Street on the East, with low rise office buildings and surface parking on the North and West sides, The Newport Beach General Plan designates the project site as General Commercial Office (CO-G) and the zoning is Planned Community ("PC") 11, ("PC-11"). A General Plan Amendment to redesignate the site as Mixed Use Horizontal 2 (MU-1-12) and a PC Amendment to include the property in the PC -I I Residential Overlay are being proposed as part of the overall project application. The site is currently developed as 1970's era two story office buildings with surface parking. The Project is planned to consist of 229 units including 153 base units and 76 density bonus units. The Newport Place Development Standards, as revised by Council Resolution No. 2023-13 on July 25, 2023 ("Development Standards"), provide that 15 percent of the base units within a residential development shall be affordable to Lower Income households. Lower Income Households, as defined in California Health and Safety Code Section 50079.5, are defined as households earning 80 percent or less of area median income, adjusted for family size, including both Very Low and Low income categories. The affordable housing requirement for this project, as required by the Development Standards, is 23 units (15% of 153 Base units). Eligibility for Density Bonus Picerne will be providing 23 units (15% of base units) affordable to Very Low Income households ("Very Low Income Units"). This will comply with the provisions of Government Code Section 65915 applicable to a 50% density bonus. Rents for the Very Low Income Units will be computed in accordance with Health and Safety Code Sec. 50053, as required by Government Code Section 65915(c)(1). 1 11-70 1400 Bristol Street North AtTordable Mousing Plan August 11, 2023 Density Bonus Computation and Term of Affordability The density bonus computation for the Project per Government Code Section 65915 is shown below: Table 1 Density Bonus Computation nits Based on Existing Nonresidential Uses I 89 dditional Units Per Proposed General Plan Amendment` 64 Total Base Units 153 Density Bonus (50%) 77 Total Units Permitted 230 Total Units Provided 229 Picerne intends to operate the apartment project as a rental community. The 23 Very Low Income Units will remain rent restricted for a minimum of 55 years, per Government Code Section 65915(c)(1), more than the 30-year affordability term set forth in the Development Standards. Reduction in Parking As provided for in Government Code Sec. 65915(p) and Section 20.32.030 of the City's Zoning Code the 1400 Bristol Street North project is eligible for a reduction in parking requirements. Government Code Section 65915(p) provides the following- (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: a. Zero to one bedroom: 1.0 onsite parking space per unit b. Two to three bedrooms: 1.5 onsite parking spaces per unit. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through streetparking. 1 Per Section 423 of the City Charter, with approval of the proposed General Plan Amendment, up to an additional 100 dwelling units are permitted in the Airport .Area by without a vote of the electorate. 2 11-71 1400 Bristol Street North Affordable Housing Plan August 11, 2023 Table 2 below is a summary of Government Code Sec. 65915 parking requirements vs. spaces to be provided: Table 2 Parking Requirements 'Fat 2 - ',a- a e -\ -. '/Un�F\ a al $�' n� �{�� � +Y F K \ \ � r �� � n aab' \ ""n C '\`Fn 3+ �N�CN��'S7i ��s d��.�' � ���� } � � �� � �"�F� G 3 \ . �t iF f� y7 p �[ (`� [� h u„ o?a.w a�\ .?. �$�.�;,�a� �, �„"�. �,a� a'�e�;� � h\„�`,..,4� R�.V�..���..-> �e?����°,+? .l���K�€.f!�.�.7...� Studio 4a 1.0 40 1 Bedroom 126 1.0 126 2 Bedroom 63 1,5 95 Total Parking Stalls Required 26 Total Parking Stalls Provided 422 Parking Provided in Excess of Minimum Requirement 161 Picerne requests that parking requirements be calculated in accordance with Government Code Sec. 65915(p). As shown above, the Project will provide 422 onsite parking spaces for its residential units, which is 161 spaces more than the requirements of Sec. 65915 (p). Development Incentive Request Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City's Zoning Code, Picerne is entitled to three concessions or incentives due to providing at least fifteen percent (15%) of the units as affordable for Very Low Income households. Picerne requests the following development incentives: 1) Section V.F.1 of the Development Standards provides that "Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole." Picerne requests that the 23 Very Low Income units be provided utilizing the unit mixes as shown below: Table 3 Unit Mix W. M1� a : Studio 40 14 1 Bedroom 126 8 2 Bedroom 63 1 Total 229 23 3 11-72 1400 Bristol Street: North Affordable Housing Plan August 11, 2023 2) Picerne is required to provide the dedication of a half -acre park or pay the equivalent in - lieu fee for a half -acre park. Picerne is requesting to waive a portion of the in -lieu park fee. These incentive will result in cost reductions which will provide for the affordable rents to be set in accordance with Government Code Sec. 65915(c). Pursuant to Government Code Sec. 65915(d)(1) "The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written fording, based upon substantial evidence, of any of the following:" (summarized from pertinent sections) (A) the concession or incentive does not result in identifiable and actual cost reductions, (B) would have an adverse impact on public health and safety or on a site listed as a historical site, or (C) is contrary to state or federal law. Government Code Sec. 65915(a)(2) further provides that a jurisdiction "shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section." Picerne reserves the right to request an additional incentive or concession in the future. Development Standards Waiver Request Government Code Sea 65915(e)(1) provides that a city or county may not apply any development standard (including height limits) that will have the effect of physically precluding the construction of a density bonus project at the density permitted under the density bonus statute. The only exceptions to this prohibition are if the development standards waiver would have an impact on health and safety as delineated in Government Code Sec. 65589.5(d), impact on property listed in the California Register of Historical Resources, or if the development standards waiver would be contrary to state or federal law. For the proposed project, the applicant is requesting the following development standard waivers: General Plan Park Dedication Requirement: Pursuant to General Plan Policy LU 16-15.13, a public park equal to 8 percent of the gross land area of the total development, or a minimum one -half -acre, whichever is greater, shall be provided. This requirement would mandate a one -half -acre park on the 2.38 acre site. The General Plan allows a waiver of its park dedication requirement where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents. The applicant therefore requests waiver of the General Plan Policy LU 16-15.13 public park dedication requirement. 2. PC-11 Development Standards Deviation (30-foot Street Setback): PC-11 development standards require street setbacks of 30 feet from the property line. A 30-foot setback would substantially reduce the Project's development footprint, making it infeasible and impossible to support the proposed 229 dwelling units. Applicant therefore requests a waiver of the PC-11 30-foot setbacks. 4 11-73 1400 Bristol Street North Affordable Housing Plan Avigust 11, 2023 3. PC-11 Development Standards Deviation (Building Height): PC-11: The Development Standards limit building heights to 55 feet. Given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the Property, imposition of the 55 foot height limit would physically preclude the development of the proposed 229 dwelling units. The proposed building height is 85 feet. 4. Private Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 5% of the gross floor area of each unit to be set aside as private open space with a minimum dimension of 6 feet. The Project's studio dwelling units and 9 of the two -bedroom units (including 4 units which provide 2 sf less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. Therefore, Applicant requests a waiver from this private open space requirement since adherence to this development standard would physically preclude the Project as proposed. Newport Beach Municipal Code Common Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 75 square feet/unit (17,175 sf total) to be designated as common open space. The applicant requests a waiver to reduce the 75 square feet/unit (17,175 sf total) requirement to approximately 60 square feet/unit (13,800 sf total, or 3,375 sf less than the City requirement). This waiver is necessary in order to accommodate the project's proposed density given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site. 6. General Plan Land Use Policy 6.15.7: General Plan Land Use Policy 6.15.7 (Overall Density and Housing Type) and Section IV.AA of the PC-1I zoning standards prescribe a density range of 30-50 dwelling units per acre ("du/ac"). The Project proposes 153 "base" units on a 2.38 acre parcel, which equates to 64 du/ac, The Project's 153 base units are comprised of 89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4) under the General Plan. The Project qualifies for a 50% density bonus (i,e., 77 units) in exchange for providing the necessary level of affordable housing. To the extent required, Applicant requests a waiver from the maximum base density standards under LU Policy 6.15.7 and Section IV.A.4 of the PC- 11 in order to construct the Project at the density sought. Additional detail as to these waiver requests has been submitted separately as part of the development application. Waiver of these requirements is necessary to accommodate the additional units permitted by the density bonus. Government Code Section 65915(e)(1) requires that the waiver requests be approved. Income Limits and Examples of Eligible Tenants for Affordable Homes Lower Income Households are defined as households whose gross income does not exceed 80% of area median income, adjusted for household size. Lower income Households include Very Low Income Households whose gross income does not exceed 50% of area median income, adjusted for household size. Table 4 on the following page shows the maximum income limits for Very Low Income Households as determined by the U.S. Department of Housing and Urban 5 11-74 1400 Bristol Street North Affordable Housing Plan August 11, 2023 Development and the California Department of Housing and Community Development ("HCD") with household sizes appropriate for the 1400 Bristol Street North project: Table 4 Maximum Income Limits at � 7 CQm@ 3zaz 1 Person $50,250 2 Person 57,400 3 Person 64,600 4 Person 71,750 5 Person 77,500 Higher income limits apply to larger families; those families however are not considered to be a target market for the Project, where the unit mix consists of studios, one -bedroom, and two - bedroom apartment homes. These income limits are updated annually. The 23 affordable homes that Picerne will provide will be rented to eligible Very Low Income Households. As shown in Table 4, Very Low Income Households includes incomes ranging from $50,250 per year for a one -person household to $77,500 per year for a five -person household. As such this could include City employees, school district employees, health care workers, restaurant and other retail workers, and other occupations which provide needed services to our community. While household size, overtime pay, summer jobs, or second jobs may affect eligibility, the income limits above are reflective of pay to many public or health care sector workers, as shown in Table 5 on the following page: 6 11-75 1400 Bristol Street North Affordable Housing Plan August 11, 2023 Table 5 Examples of Qualifying Salaries Intormation Position Pay Range Source Comments Human Resources Specialist 1 $64,356-$90,444 City May qualify for Very Low units depending on household size. Park Patrol Officer $45,420463,924 City Will qualify for Very Low Income units depending on household size. Licensed Vocational Nurse (LVN) $60,000-$87,000 Glassdoor May qualify for Very Low units depending on household size. Newport -Mesa Unified School District $64.354-$98,740 NMUSD Credentialed teacher with no advanced ('NMUSD") Teacher Website education and up to 5 years experience may qualify for Very Low Income units depending on household size. NMUSD Library Technician. $46,020-$55,932 NMUSD At entry level will qualify for Very Website Low Income units. NMUSD MaintenanceWorker $57,468-$85,116 NMUSD May qualify for Very Low units Website .depending on household size. The pay ranges shown above are as of 2022 and are subject to update. Retired persons or couples or young business professionals starting their careers may also qualify to rent the affordable homes at 1400 Bristol Street North. In order to provide opportunities for workers to live in one of the affordable homes, the City could provide guidelines providing for acceptance of applications on a priority basis from classes of individuals who qualify under the income limits in effect. The guidelines could provide for priority treatment for City residents, City employees, employees of the local school district, and employees of major health care institutions or other categories identified by the City for priority treatment. Rental Rate Limits for Affordable Homes The 23 Very Low Income Units shall be rented at an affordable rent calculated in accordance with the provisions of Section 50053 of the Health and Safety Code. Section 50053 of the Health and Safety Code limits affordable rent to 30% of total income for a Very Low Income household, as calculated in Table 6 on the following page. That section also requires that the rent for a studio unit assumes a one -person household for rent calculation purposes, a one -bedroom unit assumes a two -person household, and a two -bedroom unit assumes a three -person household. The rents calculated are then adjusted by a utility allowance as determined annually by the County of Orange Housing & Community Services Department. As of October 1, 2022, the reduction for the utility allowance is $149.00 per month for a studio unit, $163.00 per month for a one -bedroom unit, and $215.00 per month for a two -bedroom unit. The utility allowance utilized assumes gas cooking, gas space heating, gas water heating, as well as electricity, air conditioning, and water, sewer, and trash fees which are assumed to be paid by the tenant. The maximum rent levels for 2023/24 by income level are shown in Table 6 on the next page: 7 11-76 1400 Bristol Street North Affordable Housing Plan August 1 1, 2023 Table 6 Maximum Rents by Bedroom Count _Maximum Maximum _ nu►ial -'%Iouthly Utility :fordable Bedrooms Rent Rent Allowance Rent Studio $13.418 $1.118 S149 S969 1 Bedroom 15,338 1278 163 1,115 2 Bedroom 17,250 1,438 215 1,223 Picerne will enter into an affordable housing agreement, in recordable form, with the City prior to obtaining the first building permit for any residential unit. That agreement will ensure that the maximum rents for the affordable apartment homes will be calculated using the methodologies as utilized in Table 6. The rental rates shown will be updated prior to the commencement of rental activities and on an ongoing basis to reflect then current income limits, utility allowances, and any changes in applicable regulations and statutes. Unit Mix, Design, and Location of Affordable Homes While the exact location of each of the affordable homes within the 1400 Bristol Street North site has not yet been determined, the affordable homes will be spread throughout the development to avoid concentration of affordable homes in any area. The affordable homes shall be comparable in the quality of construction and exterior design to the market rate homes. As provided for in the Development Standards, all affordable homes will have access to the facilities and amenities offered by the development. Requested City of Newport Beach Assistance Financial Assistance Picerne is not requesting any direct financial assistance from the City of Newport Beach for this project. z Rents for Very Low Income units calculated in accordance with Section 50053 of the Health and Safety Code. E 11-77 Exhibit "E" Traffic Study 11-78 g3ldJ101 Traffic Engineering e Transportation Planning a Parking a Noise & Vibration Air Quality a Global Climate Change a Health Risk Assessment 11-79 prepared by Bryan Crawford Giancarlo Ganddini, PE, PTP GANDDINI GROUP, INC. 555 Parkcenter Drive, Suite 225 Santa Ana, California 92705 (714) 795-3100 1 ganddini.com 1400 BRISTOL STREET NORTH RESIDENCES TRAFFIC IMPACT ANALYSIS City of Newport Beach June 28, 2023 Project No. 19604 11-80 TABLE OF CONTENTS DCECUTIVESUMMARY................................................................................................................................................ IV 1. INTRODUCTION......................................................................................................................................I.............1 ProjectDescription------•...........................................................................................................................................1 StudyArea ................................................ ................................................................................................................1 AnalysisScenarios....................................................................................................................................... 1 2. METHODOLOGY...................................................................................................................................................5 Traffic Phasing Ordinance Analytical Methodology (Non-CEQA).,, ............... _.__ .... _ ... _ ............ ............... 5 Intersection Capacity Utilization Methodology.......................................................................................5 Performance Standards............................................................................................................................... 5 Substantial Operational Deficiency Criteria............................................................................................. 6 Cumulative and General Plan Analytical Methodology(CFQA)..................................._.................................. 6 Thresholds of Significance for General Plan El Addendum................................................................ 6 Vehicle Miles Traveled Analytical Methodology (CEQA).................................................................................6 3. EXISTING CONDITIONS......................................................................................................................................7 Existing Roadway System .................... PedestrianFacilities.................................................................................................................................................7 BicycleRoutes..........................................................................................................................................................7 TransitFacilities.......................................................................................................................................................7 GeneralPlan Context..............................................................................................................................................7 ExistingTraffic Volumes......................................................................................................................................... 7 Existing Intersection Level of Service.................................................................... .._.... .......... ........ .... .... .... .. 8 4. PROJECT FORECASTS.......................................................................................................................................17 ProjectTrip Generation.... ...................................................................................................... ................. ... .... -17 Project Trip Distribution and Assignment.........................................................................................................17 5. FUTURE VOLUME FORECASTS......................................................................................................................25 City of Newport Beach Approved Projects......................................................................................................25 AmbientGrowth....................................................................................................................................................25 TPO Year 2021 Volume Forecasts ........... _......................................................................................................25 6. TPO ANALYSIS.....................................................................................................................................................30 TPO Year 2027 One -Percent Threshold Analysis...........................................................................................30 TPOImpact Assessment......................................................................................................................................30 7. CEQA ANALYSIS..................................................................................................................................................33 CumulativeProjects..............................................................................................................................................33 CEQA Year 2027 Without Project Volume Forecasts. ............ ........... ................. ......... _._ .... ......... .... 33 CEQA Year 2027 With Project Volume Forecasts..........................................................................................33 CEQA Year 2027 Impact Assessment...............................................................................................................33 8. GENERAL PLAN COMPARISON ANALYSIS.................................................................................................44 GeneralPlan Comparison Methodology...........................................................................................................44 General Plan Comparison Trip Generation and Trip Distribution.................................................................44 Post 2030 General Plan Buildout Without Project Volume Forecasts........................................................44 Post 2030 General Plan Buildout With Project Volume Forecasts..............................................................44 General Plan Comparison Impact Assessment.................................................................................................44 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-81 9. CONGESTION MANAGEMENT PROGRAM.................................................................................................52 Background............ ..._................ ............. ....... ............................................................................ .......................... 52 CMP-Monitored Intersections............................................................................................................................52 Requirements for Improvements .................................................. ............. ....... ....... ................... ....... .............. 52 Criteria for Preparation of CMP Impact Analysis.. . ... .................. ................... ... ..........................52 10. SITE ACCESS AND CIRCULATION..................................................................................................................53 SiteAccess......................•.................................................................... ...................... .................................53 On -Site Circulation............................................................................................................... .............. ..........53 11. VEHICLE MILES TRAVELED (VMT)...............................................................................................................54 Background...... .... ..................... .............. .. ..... __ .... __._ ........... ........... ...... ........... __ ............ ................. 54 VMT Assessment and Screening....................................................... .......... ...... .......... ...54 12. CONCLUSIONS....................................................................................................................................................55 ProjectTrip Generation........................................................................................................................................55 TPOImpact Anaiysis.................... ......... ........... .................. ........................ ..... ...................... ........................ ..""" 55 CEQA Year 2027 Impact Analysis ...................... ___ ........ .......... ...._....... ..........:..........._................... ............ 55 CEQA General Plan Comparison Impact Analysis...........................................................................................55 VMT5creening......................................................................................................................................................55 Congestion Management Program.....................................................................................................................55 Site Access and Circulation... ......................... ...... __ ... ... __ ..... __ ........... ...... ......... ......................... 55 APPENDICES Appendix A Glossary Appendix B Volume Count Worksheets Appendix C Level of Service Worksheets Appendix D Approved Projects List and Cumulative Projects Appendix E TPO One -Percent Threshold Analysis Appendix F Existing VMT Per Population Map LIST OF TABLES Table 1. Existing (2022) Intersection Levels of Service........................................................................................ 9 Table 2. Project Trip Generation...........................................................................................................................118 Table 3. TPO One -Percent Threshold Analysis Summary..................................................................................31 Table 4. TPO Year 2027 Intersection Levels of Service and Impact Assessment..........................................32 Table 5. Cumulative Projects Trip Generation......................................................................................................34 Table 6, CEQA Year 2027 Intersection Levels of Service and Impact Assessment......................................36 Table 7. General Plan Comparison Trip Generation............................................................................................46 Table 8. General Plan Comparison: Post 2030 General Plan Buiidout Intersection Levels of Service and Impact Assessment...............................................................................................................47 LIST OF FIGURES Figure1. Project Location Map...................................................................................................................................3 Figure2. Site Plan..........................................................................................................................................................4 Figure 3. Existing Lane Geometry and Intersection Traffic Controls.-..,..... ...... ........ _-_ __ ---------_--_---_-- 10 Figure 4, Existing Pedestrian Facilities.....................................................................................................................11 Figure 5. Orange County Transportation Authority System Map......................................................................12 Figure 6. City of Newport Beach General Plan Master Plan of Streets and Highways..................................13 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-82 Figure 7. City of Newport Beach General Plan Roadway Cross -Sections ........................................................14 Figure 8. Existing AM Peak Hour Intersection Turning Movement Volumes, ............... __ ... ........ ................ 15 Figure 9. Existing PM Peak Hour Intersection Turning Movement Volumes...................................................16 Figure 10. Project Outbound Trip Distribution - Existing General Office Building...........................................19 Figure 11. Project Inbound Trip Distribution - Existing General Office Building..............................................20 Figure 12. Project Outbound Trip Distribution - Proposed Residentiai..............................................................21 Figure 13. Project Inbound Trip Distribution - Proposed Residential...:.............................................................22 Figure 14. Project (Net) AM Peak Hour Intersection Turning Movement Volumes..........................................23 Figure 15. Project (Net) PM Peak Hour Intersection Turning Movement Volumes..........................................24 Figure 16. TPO Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................26 Figure 17. TPO Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................27 Figure 18. TPO Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes ............28 Figure 19. TPO Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes.............29 Figure 20, Cumulative Projects Location Map.........................................................................................................37 Figure 21. Cumulative Projects AM Peak Hour Intersection Turning Movement Volumes .............................38 Figure 22. Cumulative Projects PM Peak Hour Intersection Turning Movement Volumes .............................39 Figure 23. CEQA Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................40 Figure 24. CEQA Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................41 Figure 25. CEQA Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................42 Figure 26. CEQA Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes .......... 43 Figure 27. Post 2030 General Plan Buildout Without Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................48 Figure 28. Post 2030 General Plan Buildout Without Project PM Peak Hour Intersection Turning MovementVolumes..................................................................................................................................49 Figure 29. Post 2030 General Plan Buildout With Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................50 Figure 30. Post 2030 General Plan Buildout With Project PM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................51 go-Iddii 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-83 EXECUTIVE SUMMARY The purpose of this study is to evaluate the potential for transportation impacts resulting from deve4opment of the proposed project both in the context of the City of Newport Beach's discretionary authority for conformance with locally established operational standards and the California Environmental Quality Act (CEQA). Although this is a technical report, effort has been made to write the report clearly and concisely. A glossary is provided in Appendix A to assist the reader with terms related to transportation engineering. This study was prepared in consultation with City of Newport Beach staff and in accordance with the procedures and methodologies for assessing transportation impacts established by the City of Newport Beach. To assess the project's conformance with local operational standards, this study evaluates the project's effect on traffic operations in accordance with the City's Traffic Phasing Ordinance (TPO) and, if necessary, identifies recommended improvements or corrective measures to alleviate operational deficiencies substantially caused or worsened by the proposed project. In addition to existing (2022) conditions, this report analyzes forecast traffic conditions for year 2027 (one year after project opening). For CEQA purposes, this study also evaluates the significance of project -related transportation impacts using cumulative methodology as well as vehicle miles traveled (VMT) analysis relative to criteria established by the City of Newport Beach as the lead agency and, if necessary, identifies any feasible mitigation measures to mitigate any significant impacts. Additionally, analysis was also prepared for Year 2027 cumulative and Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (FIR). Project Description The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located at the northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet. The proposed project involves demolition of the existing office buildings and construction of a new six -story podium apartment building comprised of 230 residential dwelling units (207 market rate and 23 affordable units), podium level amenity space, a business center/leasing office, and 422 parking spaces in an on -grade parking garage with two subterranean levels. Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. The proposed project is anticipated to be fully operational by year 2026. Existing Conditions The study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions. Project Trip Generation The existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecastto result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour. g3p)JAH 1400 Bristol Street North Residences Traffic Impact Analysis iv 19604 11-84 TPO impact Analysis The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required. CEQA Impact Analysis The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required. CEQA General Pfan Comparison Impact Analysis The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast tc result in no significant Level of Service impacts at the study intersections for Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required. VMT Screening The proposed project is located in a City defined low-VMT area for residential use (lower than SS percent of Countywide average VMT per capita). Per the City VMT guidelines and screening criteria, the project is considered to have a less than significant impact an VMT. Congestion Management Program (CMP) Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis. Site Access and Circulation Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access. The project driveway at Spruce Street will continue to provide full access, Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. The final parking and circuiation will be reviewed and approved by the City of Newport Beach. g7lddii 1400 Bristol Street North Residences Traffic impact Analysis v 19604 11-85 1. INTRODUCTION This section describes the project location, project description, study area, and analysis scenarios. PROJECT DESCRIPTION The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located atthe northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet. Figure 1 shows the project location map. The proposed project involves demolition of the existing office buildings and construction of a new six -story podium apartment building comprised of 230 residential dwelling units (207 market rate and 23 affordable units), podium level amenity space, a business center/leasing office, and 422 parking spaces in an on -grade parking garage with two subterranean levels_ Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. The proposed project is anticipated to be fully operational by year 2026. Figure 2 illustrates the project site plan. STUbY AREA Based on scoping discussions with City of Newport Beach staff, the study area consists of the following study intersections within the City of Newport Beach, three of which share jurisdiction with the City of Irvine: Study Intersections' Jurisdiction 1. Campus Drive (NS) at Bristol Street North (EW) Newport Beach 2. Irvine Avenue/Campus Drive (NS) at Bristol Street South (EW) Newport Beach 3. Birch Street (NS) at Bristol Street North (EW) Newport Beach 4, Birch Street (NS) at Bristol Street South (EW) Newport Beach 5. MacArthur Boulevard (NS) at Campus Drive (EW) Newport Beach/Irvine 6. MacArthur Boulevard (NS) at Birch Street (EW) Newport Beach 7. MacArthur Boulevard (NIS) at Newport Place Dr/Von Karman Avenue (EW) Newport Beach 8_ MacArthur Boulevard (NS) at Jamboree Road (EW) Newport Beach/Irvine 9, MacArthur Boulevard (NS) at Bison Avenue (EW) I Newport Beach 10. Jamboree Road (NS) at Campus Drive (EW) Newport Beach/Irvine 11. Jamboree Road (NS) at Bristol Street North (EW) Newport Beach 12. Jamboree Road (NS) at Bristol Street South (EW) Newport Beach 13. Jamboree Road (NS) at Eastbluff Drive/University Drive (EW) I Newport Beach ANALYSIS SCENARIOS In accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO), this traffic report evaluates the following analysis scenarios based on one year after the anticipated project opening year: a) Existing (2022) Conditions; b) TPO Year 2027 Without Project; and c) TPO Year 2027 With Project ' (NS) = North -South roadway; (EW) - East-West roadway 9301ddh 1400 Bristol Stl-eet North Residences Traffic Impact Analysis 19604 11-86 Additionally, this study also evaluates the following a4ysi5 scenarios in support of the project's proposed cumulative CEQA analysis: d) CEQA Year 2027 Without Project; e) CEQA Year 2027 With Project; Lastly, this study evaluates the following analysis scenarios in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (ElR): f) General Plan Comparison: Post 2030 General Plan Buildout Without Project; and g) General Plan Comparison: Post 2030 General Plan Buildout With Project. g3ldiii 1400 Bristol street North Residences Traffic Impact Analysis 19604 11-87 Legend Study Intersection g3,-d:fii Figure 1 Project Location Map 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-88 I •� I ME[I1Al11CAL SPEED nAMP D.Y IS 91 § aao I h TRAS ,H I u•. SETrItt , lwenitl.m 794SF LJ wnn�aetl y Sf iR�� ,JI a../LL6ftlFIN l �' aoXnncitortmaPan k nru •rx 9emnow c+� �sm�uut XEFIQEXT PAklfIXG xou In wn vµa anP, itatlufa�owY fli9PMK 7 tliasoa[�u Uj LID Df I e 'imp 1 F N TRASH 9 . z • LEASING ` a 75n SF -.- I 7.7E IL rrr y - 1 ' ��[ `` 1➢H GUFSTPA 3XG 7: — � XMrrmn a BRISTOL STREET N i 0 93-dJH Figure 2 Site Plan 1400 Bristol Street North Residences Trat tc Impact Analysis 19604 11-89 2. METHODOLOGY This section discusses the analysis methodologies used to assess transportation facility performance as adopted by the respective jurisdictional agencies. TRAFFIC PHASING ORDINANCE ANALYTICAL METHODOLOGY (NON-CEQA) To establish consistency with the City of Newport Beach General Plan and other City requirements, all proposed land use projects generating 300 or more daily trips are required to prepare a Level of Service analysis for transportation impacts consistent with Chapter 15.40 (Traffic Phasing Ordinance) of the City of Newport Beach Municipal Code. The TPO requires assessment of development project impacts on the City's arterial circulation system based on the Intersection Capacity Utilization (ICU) methodology. While operational ICU analysis is required for conformance with the City's TPO requirements, it is noted that a project's effect on automobile delay (as measured by Level of Service) shall not constitute a significant environmental impact in accordance with current CEQA provisions. Intersection Capacity Utilization Methodolog In accordance with City of Newport Beach requirements, levO of service analysis of signalized intersections is based on the ICU methodology. The ICU methodology compares the volume of traffic using the intersection to the capacity of the intersection. The resulting volume -to -capacity (V/C) ratio represents that portion of the hour required to provide sufficient capacity to accommodate all intersection traffic if all approaches operate at capacity. The volume -to -capacity ratio is then correlated to a performance measure known as level of service based on the following thresholds: Level of Service Volume/Capacity Ratio A < 0.60 B >0.60tos0.70 C > 0.70 to <_ 0,80 D >0.80to<_0.90 E > 0.90 to < 1.00 F > 1.00 Source: Transportation Research Board, Interim Materials on Highway Capacity, Transportation Research Circular No. 212, January 1980. Level of service is used to qualitative}y describe the performance of a roadway facility, ranging from Level of service A (free -flow conditions) to Level of Service F (extreme congestion and system failure). The ICU and Level of Service calculations for this study were performed using the Traffix software. in accordance with City of Newport Beach TPO requirements, the ICU calculations assume a lane capacity of 1,600 vehicles per hour per lane and no factor for yellow time. The project -related increase in ICU is rounded to three decimal places and then rounded to two decimal places. Performance Standards The City of Newport Beach has established Level of Service D as the minimum acceptable Level of Service for its arterial roadway systern, except at the following locations where Level of Service E or better is acceptable: 1400 Bristol Street North Residences Traffic Impact Analysis 5 19604 11-90 ■ Any intersection in the Airport Area shared with City of Irvine; ■ Dover Drive at Coast Highway; ■ Marguerite Avenue at Coast Highway; and ■ Goldenrod Avenue at Coast Highway. Substantial Operational Deficiency Criteria In accordance with the City's TPO, the following criteria are used to determine if a proposed project will result in a substantial Level of Service impact and is required to provide improvements/corrective measures: ■ A substantial project impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more). If a project is forecast to cause or worsen a substantial Level of Service impact, the project must construct or provide funding for improvements, to the extent feasible, such that the project -related increase in capacity utilization does not exceed the City -established criteria. CUMULATIVE AND GENERAL PLAN ANALYTICAL METHODOLOGY (CEQA) Although Level of Service impacts no longer constitute a significant environmental impact based on current CEQA provisions, a Level of Service analysis and significant impact evaluation were also prepared for Year 2027 cumulative and Post 2030 General Plan BuMaut conditions, which did include evaluation of Level of Service impacts based on relevant thresholds of significance at the time of preparation. The purpose of the General Plan Comparison analysis is to document whether any new traffic -related impacts would occur compared to the 2006 General Plan EIR based on the proposed project. Thresholds of Sisnificance for General Plan EIR Addendum Year 2027 cumulative and Post 2030 General Plan Buildout conditions are analyzed based on the same ICU methodology used for the TPO analysis. Based on the 2006 General Plan EIR, the following criteria are used to determine if the proposed project would result in a significant Level of Service impact requiring new mitigation measures. ■ A significant transportation impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more). VEHICLE MILES TRAVELED ANALYTICAL METHODOLOGY (CEQA) The metric used to evaluate the transportation impact of land use and transportation projects under CEQA is known as vehicle miles traveled (VMT), In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. Additional information and a detailed project assessment is provided in the Vehicle Miles Traveled section presented later in this report. 1400 Bristol StreetmResidences Traffic c Impactgnalysis h 19604 11-91 3. EXISTING CONDITIONS This section describes the existing transportation setting in the project vicinity EXISTING ROADWAY SYSTEM Figure 3 identifies the 4ane geometry and intersection traffic controls for existing conditions based on a field survey of the study area. Regional access to the project area is provided by the San Joaquin Hills Corridor (State Route 73) freeway south of the project site running between Bristol Street North and Bristol Street South, The key north -south roadways providing local circulation are Irvine Avenue, Campus Drive, Birch Street, MacArthur Boulevard, and Jamboree Road. The key east -west roadways providing local circulation are Bristol Street North, Bristol Street South, Newport Place Drive, Von Karman Avenue, Bison Avenue, Eastbluff Drive, and University Avenue. PEDESTRIAN FACILITIES Existing pedestrian facilities in the project vicinity are shown on Figure 4 BICYCLE ROUTES On -street bicycle facilities are provided in the project area along Bristol Street North. Bristol Street North adjacent to the project site has Class II Bike Lane (On -Road Striped) and also is classified as a Class I (Off -Road Paved) Bikeway (sidewalk riding is permitted). Roadways that provide on -street bicycle facilities near the project site include Bristol Street South, Birch Street, and intermittent areas of Jamboree Road and Campus Road. TRANSIT FACILITIES Figure 5 shows the existing transit routes available in the project vicinity. As shown on Figure 5, Orange County Transportation Authority Route 57 services Bristol Street North adjacent to the project site. A bus stop is located along Bristol Street North adjacent to the project site at the northwest corner of the Spruce Street and Bristol Street North intersection. GENERAL PLAN CONTEXT Figure 6 shows the City of Newport Beach General Plan Master Plan of Streets and Highways roadway classifications map. This figure shows the nature and extent of arterial and collector highways that are needed to adequately serve the ultimate development depicted by the Land Use E#ement of the Generai Plan. The City of Newport Beach General Plan roadway cross -sections are depicted on Figure 7. EXISTING TRAFFIC VOLUMES Existing peak hour intersection volumes were developed from intersection turning movement counts collected in March/April 2022 during typical weekday AM and PM peak periods of commuter traffic. The AM peak period was counted between 7:00 AM and 9:00 AM and the PM peak period was counted between 4:30 PM and 6:30 PM. The actual peak hour within the peak period is the four consecutive 15-minute periods with the highest total volume of all approaches. Thus, the PM peak hour at one intersection may occur at 4:45 PM to 5:45 PM if those flour consecutive 15-6nute periods have the highest combined volume. Count worksheets are provided in Appendix B. Based on the project's application date, existing volume and Level of Service conditions were established for year 2022. 0 1400 Bristol Street North Residences Traffic ImpartAnalysis 19604 11-92 Figure 8 and Figure 9 show the Existing AM peak hour and PM peak hour intersection turning movement volumes. EXISTING INTERSECTION LEVEL OF SERVICE Existing intersection Levels of Service are summarized in Table 1. Detailed Level of Service worksheets are provided in Appendix C. As shown in Table 1, the study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions. 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-93 Table 1 Existing (2022) Intersection Levels of Service ID Study Intersection Traffic Control' AM Peak Hour PM Peak Hour V/C2 LOS' V/C1 LOS-' 1. Campus pr (NS) at Bristol St North (EW) TS 0.36 A 0,61 B 2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW) T5 0.49 A 0.44 A 3. Birch St INS) at Bristol St North (EW) TS 0.47 A 0.51 A 4. Birch St INS) at Bristoi St South (EW) TS 0.34 A 0.35 A 5. MacArthur Blvd (NS) at Campus Dr (EW)`' TS 0.33 A 0.53 A 6. MacArthur Bivd (NS) at Birch St (EW) TS 0.28 A 0.37 A 7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS 0,31 A 0.35 A B. MacArthur Blvd (NS) at Jamboree Rd (EW)`` TS 0.37 A 0.45 A 9. MacArthur Blvd (NS) at Bison Ave (EW) TS 0.38 A 0.41 10. Jamboree Rd (NS) at Campus Dr (EW)`' TS 0.48 A 0.49 11. Jamboree Rd (NS) at Bristol St North (EW? T5 0.34 A 0.35 HA 12. Jamboree Rd (NS) at Bristol St South (EW) TS 0.58 A 0,60 13, Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS 0.54 A 0.57 Notes: (1) TS = Traffic Signal (2) V/C - Volume/Capacity (3) LOS = Level of Service (4) Level of Service E is acceptable; shared jurisdiction with City of Irvine, g3lddll 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-94 8D P7e, 4D 6D JO BD 4D 4D 4D 4D Y 6D 4D 4D 7D r 4D 4D 4D 4y 3R Site �J�' IRVINE AVE 6D { r Q `l�l �y 4U 6D 4D e l e�Pi Sro R 4�(`, <ST� S 7D 6D sD Campus Dr (NS)I Campus or (NS)I Bristol St N (EW) Bristol St S (EWI a� ��111 �- ttttf► y Bristol St N (EVJI Birch St (NS)l Bristol St S (Eq �- t t f,r Legend a Traffic Signal #D # -Lane Divided Roadway #U #-Lane Undivided Roadway #+#-Lanes (One -Way) + Existing Lane g3ldliiiii J 4- 4r "D �4D 41.1 16D RTO Right Turn Overlap F Free Right Turn Lane SPLIT Split Signal Phasing d De Facto Turn Lane ry AVE s❑ sD 8D MacArthur Blvd (NS)l MatMhur Blvd (NS)l Campus Dr (EW) Birch St (EW( ® �F 4k-� 1 �,ttttr' L2 `�tttr MacArthur Rlvd (NS)) MacArthur Blvd (NS)l Karmen Ave (EW) Jamboree Rd (EW( ®Von L �t1tr � ��tttr o MacArthur Blvd (NS)f Rfson Ave (EVJJ L RTC EE r ��,tttt�r LL r� Jamboree Rd (NS)l Jamboree Rd (NS)1 , Campus Dr (Ew) Bdstol SI N (EW) p 11��+jr- �wttt t�ttrr y F-� � FREE Jamboree Rd (NS)l Jamboree Rd (1\15)! Bristol Si S (EW) Un{versity Dr (EW) ® tF 1111 � r- r tttiw ttt r d Figure 3 Existing Lane Geometry and Intersection Traffic Controls 1400 Bristol Street North Residences Traffic Impact Analysis l0 19604 11-95 Legend — Sidewalk Cross Walk Q Bus Stop Figure 4 Existing Pedestrian Facilities 1400 Bristol Street North Residences Traffic Impact Analysis 1.1 19604 11-96 —dam Local Routes 11-991 •^- .]•••• Metraltnk Statlonlink Routes--�']i, — Brava Limtted Stop Service (400-499) ISoo-5991 w..4s•r re.n,x.,, n�•, —EM. Conmunity Rautes S 100-199) City Shuttle I GOLOENWMT TRANSPORTATION 0 RaP Stations ` Q GC Res Transit[enlers S • / 1 SANTA ANA STATION NEWPORT TRANSPORTATION Figure 5 Source: Orange County Transportation Authority Orange County Transportation Authority System Map gX)JAH 1400 Bristol Street North Residences Traffic Impact Analysis ,2 19604 11-97 eJ5 � LP / 1 C�h Clua� 'Reg, UPPER ]�y NEWPORT J BAY 7- ti ADOPTED INTERCHANGE PROPOSED INTERCHANGE ¢ �4M ROUTES REQUIRING FURTHER COORDINATION 0.75 Miles COMMUTER ROADWAY (TWO LANE UNDIVIDED) 3.24 Miles SECONDARY ROAD (FOUR LANE UNDIVIDED) 16.88 Miles SECONDARY �— (NOT BUILT) 0.28 Mlles NorsrN PRIMARY ROAD srea (FOUR LANE DIVIDED) stoop - or C� 29.62 Miles PRIMARY ROAD ..... . (NOT BUILT) 3,05 Miles MAJOR ROAD (SIX LANE DIVIDED) 4 C 30.64 Mlles 0 EIGHT LANE ROAD NEWPORT FASH1 N (DIVIDED) euNEr !BLAND f 2.81 Miles SA SAN JQAQUIN HILLS O TRANSPORTATION CORRIDOR v 5.32 Miles CANYON L ADOPTED FREEWAY Z ROUTES 4.48 Miles gins utAe[ r�� FUTURE FREEWAY ' EXTENSION 0.75 Miles Figure 6 City of Newport Beach General Plan Source: City of Newport Beach Master Plan of Streets and Highways g7di1400 Bristol Street North Residences 'I Traffic Impact Analysis 13 19604 11-98 PRINCIPAL -144' (8 LANES DIVIDED) MAJOR -128' (6 LANES DIVIDED) PRIMARY -11" (4 LANES DMDED) SECONDARY - W (4 LANES UNDIVIDED) COMMUTER - 56' (2 LANES UNDIVIDED) ;Z2 Figure 7 Source: City of Newport Beach City of Newport Beach General Plan Roadway Cross -Sections gx1jil 1�00 Bristol Street North Residences Traffic: Impact Analysis 14 19604 11-99 G O MacArthur Blvd (NS)/ MacArthur Blvd (NS)1 ' �A, QQ Campus or (EW) Birch 51 (EW) a r- ''-60 °�° LO O 34 Site J p c°1„ ar°o —170 cat ((o v —113 �aQ¢ L arzl d L ,r-16 IRVINE AV ctl �1 P�� 254�` `� t r 59 er e 4 179� 39 r� OR Sr sr� MacArthur Blvd (NS)1 MacArthur Blvd (NS)! Von Karmen Ave (EW) Jamboree Rd (EW) "-30 rnNca "-152 o0oa �v00 �-59 �mu7 �747 r147 ,1 1 L r333 18�` '1 P 260-0 `1 t 'mnM MLON 20~ 138-A Campus Dr (NS)1 Campus or (NS)! MacArthur Blvd (NS)) Bristol St N (EW) Bristol St S (EW) Btson Ave (EW) my 167 r- UNIVERSITY OR TN 40 NN —858 V00 --ro-s —92 d r 2}52 L .! j L ,r 1465 `1 682 !' 78 1292rnrn 79� vrn 45366� r� Birch St (NS)1 Jamboree Rd (NS)1 Jamboree Rd (NS)1 Bristol St N (EW) Campus Dr (EW) Bristol St N (EW) un o (M 149 - EO CD W-87 r- cq —1161 ni �194 Nr- d 1 r 360 J 1 L -184 J 5 8 -4 ' 1 t r 133— rnQa rLDCggCo co �� 317 0o co rn Birch S1 (NS)I Jamboree Rd (NS)! Jamboree Rd (NS)! -� Bdslol5t 5 (EW) Bnstol $t S (EW) University Dr (EW) N Im � COv '� 142 cn r` rn � r f-99 1 L �/soNAVE \ .� j L ,r220 496'1 t r~ 875 � t r' 361 16 905- 380— aN 90� LOON 194-�k N N 1209-�r cfl 32-14 rn r Legend Study Intersection Figure S Existing AM Peak Hour Intersection Turning Movement Volumes g����� 1400 Bristol Street North Residences Traffic Impact Analysis 15 19604 11-100 v _ MacAdhvr Blvd (NS)l MacArlhur Blvd (N51! Campus Rr (E4M1) Birch 51 [EYV) G4iy� � -1- w L 137 0 149 M w to�625 2 Co —263 tRvtNe av� Site �J PO ,r35 J 1 L ,r62 ��i�SQ � 1 262252� e 221� u�im°' 186� �MN 25-" rn r4 ��� �< kvMacArthur Blvd (NS)r MacArthur Blvd (NS)l AR Srs r41 Von Karmen Ave [EWj Jamboree Rd (EVV _00 11-81 MNN t88 mrnM —36 mho —828 L ,r409 .! j L ,r357 64� `i t - 179� 87—► c°No 752—• omo 127�r vN 55- "MCO Campus Dr (NS)l Campus Dr (NS)l MacArthur Blvd (NS)i Bristol St N (EM Bristol St S (EM Bison Ave (EVV) corn 107 vce) UNiVERSITYDR NN '-67 0o rnn 1697 (n - ° rCnn —104 or278 4 J L ,r135 435165�' N 822102—�,67r,� 485� oN 1297 rrn Birch St (NS)l V Jamboree Rd (NS)I Jambaree Rd (NS)l J Bristal St N (E" Campus Dr (EVJ) Bristol St. N (EVJ) rn M '` 110 u, *- a "-251 *- N `n—1537 co 274 ran ti Lnn C1,1 1 rr 370 ,l I L ,r 118 d j J� r 158-0 `I T l' `i T r fN Cn to 282-4 V- r r o co Birch St (NS)1 Jambaree Rd (NS)l Jamboree Rd (NS)l Brislol St S (ENM Bristal St S (EVJ) university or (Ew) "rn m a LO N rr`n-, s` 122 s-106 /so ,rzz8 AVE N 202� t�' 513� tr 271�' 11r 903— `�c 686— `o"' 100— -- 111� NN 1086-r N� 12� �� Legend 0 Study Intersection g3widdii Figure 9 Existing PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 16 19604 11-101 4. PROJECT FORECASTS This section describes how project trip generation, trip distribution, and trip assignment forecasts were developed. The forecast project volumes are illustrated on figures contained in this section. PROJECT TRIP GENERATION Table 2 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (111' Edition, 2021). Based on review of the iTE land use description, trip generation rates for general office building (Land Use Code 710) and multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the existing and proposed land uses and were selected for use in this analysis. The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantities. As shown in Table 2, the existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour. PROJECT TRIP DISTRIBUTION AND ASSIGNMENT Figure 10 thru Figure 13 show the forecast directional distribution patterns for the project generated trips. The project trip distribution patterns were developed in consultation with City of Newport Beach staff based on review of existing volume data, surrounding land uses, and the local and regional roadway facilities in the project vicinity. The project -generated AM and PM peak hour intersection turning movement volumes are shown on Figure 14 and Figure 15. 9:3-ddh 140o Bristol Street Narth Residences Traffic Impact Analysis 17 19604 11-102 Table 2 Project Trip Generation Trip Generation Rates Land Use Source' Unit` AM Peak Hour PM Peak Hour Daily In % Out Rate % In % Out Rate General Office Building ITE 710 T5F 88% 12% 1.52 17% 83% 1.44 10.84 Multifamily Housing (Mid Rise) ITE 221 ❑U 23% 77% 0.37 61% 39% 0.39 4.54 Trips Generated Land Use Quantity Unit` AM Peak Hour PM Peak Hour Daily in Out Total In Out Total Existing General Office Building 38.764 TSF 52 7 59 " 47 56 420 Proposed Multifamily Housing (Mid -Rise) 230 DU 21 %n 85 5.`, 35 90 1,044 NET PROJECT TRIPS GENERATED -31 +57 +26 +46 -12 +34 1 +624 Notes: (1) ITF = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### — Land Use Code (2) TSF = Thousand Square Feet (Gross Floor Area); DU — Dwelling Units g7din' 18 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-103 Legend -4-10% Percent Ftom Project 5% Figure 10 Project Outbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences Traffic Impact Analysis 19 19604 11-104 Legend -4-10% Percent To Project g3'):Hii Figure 11 Project Inbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences Traffic Impact Analysis 20 19604 11-105 Lend -OU-10% Percent From Project g7dii 5% Figure 12 Project Outbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences Traffic Impact Analysis 21 19604 11-106 Legend —10% Percent To Project 93TUH Figure 13 Project Inbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences Traffic Impact Analysis 22 19604 11-107 IRVINE AVE Campus Dr (1,15)1 Campus Ur (NS)f Bristol St N (EW) Bristol St 5 (EW) %;_0 00 —11 a0 ate' tr T�fi 00� Oh 0-4 MacMhur Blvd (NS)f MacArthur Blvd (NS)! h, Q� Campus Dr (EVV) Birch St (EK W-0 k-o Site Q�J0� J L pro d 1 �. pro l l 0 �r 0— 0a)0 3� 000 MacArthur Blvd (NS)f MacArthur Blvd (NS)f Van Kerman Ave (EW) Jamboree Rd (EW) to 't-o ZD 0 —0 0 0 --3 ,1 1, r-2 d L r0 `��P 0�`0� 0� 000 15� m00 0ti, 5� UNIVERSE MacArthur Blvd (NS)f Bison Ave (EW) 0 r3 47 0 �— a ,! 1 1, r 0 0,r �4r• 0� a� Birch St (NS)! Jamboree Rd (NS)i Jamboree Rd (NS)f Bristol St N (EW) Campus Dr (EW) Brstul St N (EW) t 12 '6 0 00 —14 or'?0 —0 TO .d ,r32 '? 1 � ,--0•f i J r 0�` `Sti' oa 0—► o{o a�oo r cN Birch St {NS)f Jamboree Rd (NS)i Jamhome Rd (NS)! Bristol St S (EVV) Bristol St S (EW) University Dr (EW) m '�0 OEq IO 0LID O —0 e/so AVE r0 ate' 7� 1 t 0-4 T -136— (9 0— brflo 0�, Legend Study Intersection Figure 14 Project (Net:) AM Peak Hour Intersection Turning Movement Volumes �3�ii 1400 Bristol Street North Residences Traffic impact Analysis 23 19604 11-108 Site IRVINE AVE \SQ Campus or (NS)i 1 Campus Or {NS)l Bristol St N (EVO I Bristol St S (EW) %-0 0 0 +---3 L? o `1 t 0 t c3� 9� c r 7 0-x r9~ MacArthur Blvd (NS)l MacArthur Blvd (NS)l Campus Dr (EW) Birch St (EW) ''-0 '-0 ono —0 or1-0 —0 of �1rr 0� 000 _1� 000 0 0,, MacArthur Blvd (NS)I MacArthur Blvd (NS)l Von Kerman Ave (EW} Jamboree Rd (EVV) 11-0 lit -a Oho —o Foe --12 ate' �tl' 0-, tr• ay 000 1y M00 ate, -6� MacArthur Blvd (NS)i Bison Ave (EM UNIV LRS k-0 o`40 0 J a 0� ovo 0 Birch St (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l Bristol St N (EW) Campus Dr (E44rf Bristol St N (EW) Ai' r-5 ° JIL "0 rl o.-' �—tr• -,tr 00 CD 0— CD -o Lr)L' a,, Birch St (NS)l� Jamboree Rd (NS)l Jamboree Rd (NS)! Brislc) St S (EVq Bristol St S (FM University Dr (EW) ® 0 o� 0 c>'To —0 L ejaN AVE 06-' 1r 0-.0 Ott 11� o0 3— v0 ovCZ) 0-4Z 0� Legend QStudy Intersection Figure 15 Project (Net) PM Peak Hour intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 24 19604 11-109 5. FUTURE VOLUME FORECASTS This section describes how future volume forecasts for the TPO scenarios were developed. Forecast study area volumes are illustrated on figures contained in this section. CITY OF NEWPORT BEACH APPROVED PROJECTS The City of Newport Beach staff provided a list of approved projects within the study area for use in the TPO analysis. The approved project list consists of future deve4opments that have been approved, but have not been fully constructed and occupied. The approved project data is contained in Appendix D. Trips associated with the following 17 projects are included in the TPO analysis: ■ Fashion Island Expansion ■ Temple Bat Yahm Expansion ■ Hoag Hospital Phase III ■ St. Mark Presbyterian Church z 2300 Newport Blvd (Vue) ' Hoag Health Center 500-540 Superior ■ North Newport Center ■ 328 Old Newport Medical Office GPA ■ Mariner's Pointe 23,105 SQ FT Commercial Center ■ Back Bay Landing 300 ECH ■ Balboa Marina West ■ Newport Crossings ■ Museum House - Vivante Senior Center ■ Uptown Newport: Phase 1 - Trans Devel Rights (TDR) ■ Uptown Newport: Phase 2 only ■ Residences at 4400 VK ■ Picerne Residential (1300 Bristol St N) AMBIENT GROWTH To account for ambient growth on roadways, existing volumes were increased by a growth rate of one percent (1.0%) per year through year 2027 along applicable arterial highways (Irvine Avenue, Jamboree Road, and MacArthur Boulevard) in accordance with the City of Newport Beach Regional Traffic Annual Growth Rate. This equates to a growth factor of 1.05 along arterials with counts conducted in 2022. TPO YEAR 2027 VOLUME FORECASTS TPO Year 2027 Without Project volume forecasts were developed by adding ambient growth and approved projects trips to existing volumes. TPO Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown an Figure 16 and Figure 17. TPO Year 2027 With Project volume forecasts were developed by adding project -generated trips to TPO Year 2027 Without Project volumes. TPO Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 18 and Figure 19. g7ddii 2400 Bristol Street North Residences Traffic Impact Analysis 2s 19604 11-110 IRVINE AVM Site J <�I �1 y l l Q p �P MacAdhur Blvd (NS)l Campus Dr (ER '1-65 c�irnO7 �170 �r21 MacArthur Blvd (NS)i Birch St (E)M r~ to '-84 to Eq Nw —125 .1 1 L +r16 254- + `1 91 �' `i T er Q 406 Ir I- N v 191 � 39� 4 cna m 37� R ors T� MacArthur Blvd (NS)/ MacArthur Blvd (NS)1 Von I(arman Ave (EW) Jamboree Rd (EVIL ono '-30 N�(� '�171 er L. �-59 N M uQ r 900 d L or162 391 17 282: 1 t r 38� M'tO fifi2� rnCOo 2( % vM 149� OM Campus Dr (N5)i Campus Dr (NS)f MacArthur Blvd (NS)1 Bnslol St N (EVJ) Bristol Sl S (EM Bison Ave (EW) 0r t167 rn I UNIVERSITY DR Immo '`40 NN —949 vro r'd —93 .7 ,r267 L d j L 0-181 687 J r T80:—► `1 r et°000 1290—► eu'o 84��((0 vM 453�, :`N 67-ti T Birch St (NS)1 Bristol St N (EW) MN L160 1244 Al r381 � t rb m r N m r Birch St (NS)t Bristol St S (EVV) N OD M � 1L 496 " t l' 900— N 194- NN Le4end QStudy Intersection AVE Jamboree Rd (NS)! Jamboree Rd (NS)l Campus Cr (EW) Bristol 51 N (EW) e0 m 87 Ln r CD'Ni —194 7 co ,1 L ,r 185 .l 60--' wtr Ter 133— olyV)) er—°n'iv 33 m (oNcn Jamboree Rd (NS)l Jamboree Rd (NS)l Brtslol SI S (EM University or (EVV( v NM 142 tNo aMirao —99 .J � L rr220 897--' 392— ("N 90� ��,�co 1239-x r 327 or Figure 16 TPO Year 2027 Without Project AM Peak Hour intersection Turning Movement Volumes 140D Bristol Street North Residences Traffic Impact Analysis 26 19604 v ,` �� � GtV �tV4�' Site J O 1FtVlNE aVe MacArthurBlvd (NS)1 Campus Or (EW) c+i rn '-140 Cl) E —625 r35,r62 MacMhurBlvd (NS)1 Birch St (EN!) M o 't 176 m a�6 —275 262: 264 �r e A- �/� 'PjSi. 221 46 �7 ca"N m 195--► 25 � tirlono to MacArthur Blvd (NS)i MacArthur Blvd (NS)l Van Korman Ave (EW) Jamboree Rd (EVV) 1�81 OCV[V t99 co LOO CI) —36 Col`ao' �-931 ,1 I k ,r421 J j 1, -393 64 202�r 87 918—+ 127 56Z c��rvr�a Campus Or {NS)1 Campus Or (N5)I MacArthur Blvd (NS)1 Bristol St N (EW) Bristol St S (EVV) Bison Ave (EW) corn UNIVERSITY OR N 67 0 —1734 rF m2 ED" —108 1 ,r281 " 141 'v}445� t 170 cti 83�105 LO n 4 85r-c*� � NI ' N BirM St {NS)l Jamboree Rd {NS)) Jamboree Rd (NS)1 Bristol Si N (E" Campus Dr (EW) Bristol St N (EW) rDro �115 �cnw '-251 coLO rn c�v —1570 Q" r t--274 "cc; ,f �r372 .1 j 1. r123 .! J r {r- D 255� (DvM V,11rrn 94� rr corn Birch St (NS)1 Jambaree Rd (NS)1 Jamboree Rd (NS)l Bdsiol St S (Eq Bristol 5t 5 (EW) University Or (EVV) 04 vN ® ro a07m L122 vrrnv coco m�L° —106 i k. dN AVE \ r2435 202 --' t �' 603 �r t 271 i I 927 6 65- 694—• N� 100� ��A 111,7 NN 1112-.k N 12-4 co 61- Leflend Study Intersection Figure 17 TPO Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes �3"d3i_; 1400 Bristol Street North Residences • � Traffic impact Analysis 27 19604 11-112 IRVINE AVZ Campus Or (NS)I Campus Dr (NS)l Brislol51 N (EW) Bristol St 5 (EVV) 167 NN —960 vCO .1 r269 k `1 t 687 -,r t r 00� 1284— LOC3 CO 0 vrn 453-,% t-N Birch 51 (NS)f Brislal 51 N (ENS moo a172 �-1258 1 j `413 nN cn Bfth St (NS)l Brislal SI S (EA N O IM � I 887�CD 194 -, N ry Legend 0 Study Intersection g7ddii 5. ¢Q Site J O MacMhurBlvd (NS)! Birch St (EW) r--v 84 N�� —125 ,l1k r16 J MacAdhurBlvd (NS)i Campus Dr {EW) rnusm '-65 m�' —170 dJk r21 254-" 1 t r" 100-0 `1 t P 9 R/.Q. 40E 37 vro v 194 39-x Nrnv CO Sr MacArthur Blvd (NS)l MacArthur Blvd (NS)1 Von Harman Ave (EW) Jamboree Rd (EW) Sao "-30 0nw 171 It Ln •-59 N ) CO —897 J 1 k r 16 0 J 1 k r 3 91 18 -.0 282'' 3$, Mvi° 677 ► rnroo 20, vt - 1547 � M UNIVFR5IT� MacArthur Blvd (NS)l Bison Ava (EW) CO '-40 mwa� 93 ilk r181 w 4—I �t $0 67m rD �, T rr, T" Jamboree Rd (NS)1 Jamboree Rd (NS)l Campus or (EW) Bristol St N (EW) aomr L87 Mr- �rDcN.l —194 voo r185 ,d r 60� t tP 133— o(DLD 33- r M ulvIt ED N co Jamboree Rd (NS)l Jamboree Rd (NS)l Bristol st S (EW) University Dr (EVV) m C,3 L 142 \\ N co 1 mr�-99 r22 J 1 �. 220 AVE 9041 t l' 361--. 398— ona'i g0—r-M 1244 32--%k or Figure 18 TPO Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol -Street North Residences Traffic Impact Analysis `g 19604 11-113 grVINE A Ve Campus Dr (NS)l Campus Dr (NS)l Bristol St N (EVV) Bristol St S (Evt c+) rn 107 un Co co Lon —1731 coilk r .l r2476 I `� I 445- T P N Ih TN 839 � MCD �� 485� nN Birch St (NS)l Bristol Si N (E" ern '-115 mN —1562 .1 1 r367 `5 t M h 2 D r N m 2 /2'. acArthur Blvd (NS)l MacArthur Blvd (NS)! y,` Campus Dr (EW) Birch 51 (EM �m "-140 n 1 '� 176 59te � 7 �-'625 cn Zo —275 qIQQ` r35 J -62 l blb 62'` `� r �' 264,r 'S1� rLON CON 0 194� r-mN46� m 25� `n MacArthur Btvd (NS)l MacArthur 8lvd(NS)1 Von Karman Ave (Eq Jamboree Rd (EVV) cc *-81 0N04 "-99 co MU')CO —36 rmicvr —943 d 1 1k r-423 ) 1, r393 64 } '1 t 202 87� m�N 919 127� vN 50� Nvc� MacArthur Blvd (NS)l Bison Ave (EW) 1 �' t67 L —108 ,J L r141 n a �' � r r• 105� uc`'-,NCO 131-A rN Jamboree Rd {NS)1 Jamboree Rd (NS)l Campus Dr (EW) Bristol St N (EW) 5 r —274 cn r, 1 r 142 3 .% 159-4 255— cC3ova�o mV 94Z T� CDNa) Birch 5t (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l Bdslol St 5 (EN Bridal SI S (EW) Llniverslly Dr (EVV) m '-122 vn � mcnc*� v°1 00 m—106 i 8,SONAVE ` 'r235 Mal202'0 t 609� 1 �' 271 938� Lmoo n(D 694— M ° 100— ��� 111� NN 1108- N 12-N Legend QStudy Intersection g7dii Figure 19 TPO Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 29 19604 11-114 G. TPO ANALYSIS Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C. TPO YEAR 2027 ONE -PERCENT THRESHOLD ANALYSIS Table 3 summarizes the City of Newport Beach TPO one -percent threshold analysis. In accordance with the City of Newport Beach TPO requirements, it project -generated peak hour approach volumes are greater than or equal to one percent of the forecast peak hour volumes on any approach of an intersection, then a detailed ICU analysis is required to assess the project -related change in ICU. The TPO one -percent analysis calculation worksheets are contained in Appendix E. The following eight study intersections are forecast to exceed the TPO one -percent threshold and require ICU analysis: 3. Birch Street (NS) at Bristol Street North (FW) 4. Birch Street (NS) at Bristol Street South (EW) 5. MacArthur Boulevard (NS) at Campus Drive (EW) 6. MacArthur Boulevard (NS) at Birch Street (EW) 7. MacArthur Boulevard (NS) at Newport Place Drive/Von Karman Avenue (EW) 8. MacArthur Boulevard (NS) at Jamboree Road (EW) 10. Jamboree Road (NS) at Campus Drive (EW) 11. Jamboree Road (NS) at Bristol Street North (EW) TPO I MPACT ASSESSMENT ICU and Levels of Service at the applicable study intersections for TPO Year 2027 Without and With Project conditions are shown in Table 4. As shown in Table 4, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for TPO Year 2027 Without and With Project conditions. Table 4 also calculates the net change in ICU at the applicable study intersections for TPO Year 2027 With Project conditions. As shown in Table 4, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required. g"r'A `_)�111' 1400 Bristol Street North Residences Traffic Impact Analysis 30 19604 11-115 Table 3 TPO One -Percent Threshold Analysis Summary Peak Project Trips Exceed One Percent?' Northbound 5outhbound Eastbound Westbound ID Study Intersection Hour 1. Campus Dr (NIS) at Bristol St North (EW) AM No No No No PM No No No No 2. Irvine Ave/Campus Dr (N5) at Bristol St South (EW) AM No No No No PM No No No No 3. Birch St (NS) at Bristol St North {EW} AM No No No Yes PM No No No No 4. Birch 5t (N5) at Bristol 5t South (EW) AM No Yes No No PM No No No No 5. MacArthur Blvd (N5) at Campus Dr (EW) AM Yes No No No PM No No No No 6. MacArthur Blvd (N5) at Birch 5t (EW) AM No No Yes No PM No No I Na No 7. MacArthur Blvd (NS} at Newport PI Dr/Von Karman Ave (EW) AM No No No No PM No Yes No No AM No No Yes No S. MacArthur Blvd (NS) at Jamboree Rd (EW) PM No No No No AM No No No No 9, MacArthur Blvd (NIS) at Bison Ave (EW) PM No No No No 10. Jamboree Rd (NIS) at Campus Dr (EW) AM Yes No No No PM No Yes No No 11, Jamboree Rd INS) at Bristol St North (EW) AM No No No No PM No Yes No No 12. Jamboree Rd (NS) at Bristol 5t South (EW) AM No No No No PM No No No No 13, Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) AM No No No No PM No No No No Notes: (1) If the project is forecast to contribute 1% or more of the projected TPO analysis year peak hour volume, then detailed Intersection Capacity Utilization analysis is required in accordance with the City of Newport Beach Traffic Phasing Ordinance. 93-IJAII 31 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-116 Table 4 TPO Year 2027 Intersection Levels of Service and Impact Assessment ID Study Intersection Traffic Control' TPO Without Project TPO With Project Vic Increase Vic Significant Impact? AM Peak Hour PM Peak Hour AM Peak PM Peak Ho Hour V/ L05a VIC1 LOS' V/c, Los' VIO L05' AM PM 3. Birch St INS) at Bristol5t North (EW) TS 0.49 A 0.52 A 0.49 A 0.52 A 0.00 D.QO Na 4_ Birch St (NS) at Bristol St Suuth (EW) T5 0.35 A 0.36 A 0.36 A 0.36 A +0.01 0.00 No 5. MacArthur Blvd INS) at Campus Dr (EW)" T5 0.34 A 0.54 A 0,34 A 0.54 A 0.00 0.00 No 6, MacArthur Blvd (NS) at Birch St FW) TS 0.31 A 0.42 A 0.31 A 0.42 A 0.00 D.00 No 7, MacArthur Blvd (INS) at Newport PI Dr/Von Karman Ave (EW) TS 0.33 A D.37 A I D,33 A R27 A 0.00 (X00 B. MacArthur Blvd INS) at Jamboree Rd (EW)" TS 0.42 A 0.50 A 0.42 A 0.50 A UIX1 0.00Ifl 10. Jamboree Rd (NS) at Campus Dr (EW)' TS 0.50 A 0.52 A 03D A 0.52 0.00 0.00 11. Jamboree Rd INS) at Bristol St North (FW) TS 0.37 A 0.39 A 0.36 A 0.41 0.01 +0.02 Notes: {1) TS = Traffic Signal (2) V/C - Volume/Capacity {3) LO5 = Level of Service W Level of Service E is acceptable: shared jurisdiction with City of Irvine. g31dih 32 1400 Bristol Street North Residences Traffic impact Analysis 19604 11-117 7. CEQA ANALYSIS This section presents analysis of Year 2027 cumulative conditions. Detailed intersection Level of Service calculation worksheets far each of the following analysis scenarios are provided in Appendix C. CUMULATIVE PROJECTS In addition to the approved projects in the City of Newport Beach (addressed in the TPO analysis), CEQA requires analysis of cumulative conditions. This CEQA analysis also includes traffic from pending projects in the Cities of Newport Beach and Irvine, in addition to the approved projects. Pending projects consist of projects that are in various stages of the application and approval process but are not yet approved. These projects are considered to be reasonably foreseeable projects in the vicinity of the project and must be included in the Cumulative conditions analysis for CEQA purposes. The Cities of Newport Beach and Irvine were consulted and provided the list of cumulative projects to be included in this analysis. Table 5 includes the trip generation for cumuiative projects as provided by the City of Newport Beach, University of California, Irvine, and City of Irvine. Figure 20 shows the cumulative projects location map, Cumulative Projects AM and PM peak hour intersection turning movement volumes are shown on Figure 21 and Figure 22. CEQA YEAR 2027 WITHOUT PROJECT VOLUME FORECASTS CEQA Year 2027 Without Project volume forecasts were developed by adding cumulative projects trips to TPO Year 2027 Without Project volumes. CEQA Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 23 and Figure 24. CEQAYEAR 2027 WITH PROJECT VOLUME FORECASTS CEQA Year 2027 With Project volume forecasts were developed by adding project trips to CEQA Year 2027 Without Project volumes. CEQA Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 25 and Figure 26. CEQA YEAR 2027 IMPACT ASSESSMENT ICU and Levels of Service at the applicable study intersections for CEQA Year 2027 Without and With Project conditions are shown in Table 6. As shown in Table 6, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for CEQA Year 2021 Without and With Project conditions. Table 6 also calculates the net change in ICU at the applicable study intersections for CEQA Year 2027 With Project conditions. As shown in Table 6, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required. go-)JIH 1400 Bristol Street North Residences Traffic Empact Analysis 33 19604 11-118 Table 5 (1 of 2) Cumulative Projects Trip Generation Net Trips Generated AM Peak Hour PM Peak Hour Pr ujer t In Out Total In Out Total ID Project Name Land Use Quantity' Daily City of Newport Beach Existing Use N131 1600Dove5treet Residences General Office 60.675TSF -59 59 0 45 -36 9 472 Proposed Use Multifamily Housing (Mid -Rise) 249 DU NB2 Sage Hill School Expansion Private School (K-8) 150 ST 86 66 152 18 21 39 617 Existing Use Boat Sales 4.487 TSF Proposed Uses NB3 Mother's Market 11 17 28 29 24 53 690 Multifamily Housing 36 DU Supermarket 5.096 TSF N134 lNewportBe6chPorsche Auto Dealership 143.494 TSF 1951 72 267 1391 2081 347 3,995 NB5 The Garden Restaurant Quality Restaurant 10.240 TSF 6 2 8 55 29 84 971 Commercial Retail 0.747 TSF Existing Uses John Siple/Johnsan Yacht Sales 0,500 TSF Sun Country Marine 1.000 TSF Powerhouse Vehicle Sales 17.000 TSF WCH-Duffield Marine 2.000 TSF General Office Building 7.185 TSF WCH-A'Maree's 8.100 T5F Marina 68 Berths Proposed Uses N136 Newport Village Multifamily Housing (Mid -Rise) 108 DU 108 55 16:+ %- 105 182 2,238 General Office 55.280 TSF Car Show Room 7.900 TSF Single -Family Detached Residential 14 DU General Office 36.620 TSF Duffield Marine Sales/Office 2.000 TSF Boat Show Room 10 EMP High -Turnover Sit -Down Restaurant 3.815 TSF Quality Restaurant 9.100 TSF Marina 1 63 Berths NB7 JNewportCoast Multifamily Housing 1 564 DU 413 932 1,345 926 557 1,483 14,778 Single -Family Detached Residential 1 954 DU 34 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-119 Table 5 (2 of 2) Cumulative Projects Trip Generation Net Trips Generated AM Peak Hour PM Peak Hour rn5jecr In Out Total In Out Total ID Project Name Land Use Quantity, Daily University of California, Irvine UCI North Campus Hospital 144 Beds 526 163 689 202 520 722 8,550 Ambulatory Care 225.000 TSF UCI Hospital Project UCI North Campus Child Medical Office Building 168.000 TSF 331 79 410 162 414 576 5,531 Health/Medical Office City of Irvine IR1 Volar Apartments Multifamily Housing (Mid -Rise) 930 DU 79 265 344 221 141 362 4,222 IR2 Futures Academy Private School 5.621 TSF 81 1 9 1 7 81 61 Multifamily Housing (Mid -Rise) 593 DU 50 169 219 141 90 231 2.692 General Office Building 2.730 TSF 4 0 4 1 3 4 30 IR3 Elements Phase 3 Strip Retail Plaza (<40k) 5.000 T5F 7 5 12 16 16 32 272 Coffee Donut Shop w/o 2,730 T5F 130 125 255 44 44 88 1.393 Drive-Thru Window Health Fitness Club 6,900 TSF 5 4 9 14 10 24 205 Hotel 386 RM 138 78 216 116 112 228 3,084 IR4 Landmark General Office 448.000 TSF 599 82 681 110 535 645 4,856 IR5 Milani Apartments Multifamily Housing (Mid -Rise) 287 DU 24 82 106 68 44 112 1,303 IR6 Flements Multifamily Housing (Mid -Rise) 700 DU 60 199 259 167 106 273 3,178 IR7 Von Karman Quartz Office General Office 16.538 TSF 221 31 251 4 20 24 179 Total 1 2.7431 2.4581 5,2011 2,556 2,970 5,526 59,317 Sources: Data provided by City of Newport Beach, City of Irvine, and UCI traffic studies. ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### — Land Use Code Notes: (1) TSF = Thousand Square Feet; DU = Dwelling Units; ST = Students; FMP = Fmployees; RM = Rooms 931dii 35 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-120 Table 6 CEQA Year 2027 Intersection Levels of Service and Impact Assessment 16 Study Intersection Traffic Control' Cf QA Without Project CEQA With Project V/C Increase SlgniFcant Impact? AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour V/C' LOSA V/C LOS' V/C? LOS' VlC, Los, AM PM 1. Campus Dr INS) at Bnstol5t North (EW) TS 0.45a A 0.677 B 0.459 A 0,676 B +0.001 -0.001 No 2. Irvine Ave/Campus Dr (NS) at Bristol 51 South (EW) TS 0,543 A 0.492 A 0.541 A 0.494 A -0.002 +0,002 No 3. Birch St (NS) at Bristol 5t North (EW) TS 0.498 A 0,535 A 0.504 A 0.533 A +0.006 -0.002 No 4. Birch St (NS) at Bristol St South (EWI TS 0.361 A 0.364 A 0.361 A 0.365 A 0.000 +0.001 No 5. MacArthur Blvd INS) at Campus Or (EW)" T5 0.441 A 0.669 B 0.441 A 0.669 1 B 0.000 0.000 No 6, MacArihur Blvd INS) at Birch 5t (EW) TS 1 DA55 A 0.479 A 01355 A 0.479 A 0.000 0.000 No 7, MacArthur 3tvd INS) at Newport PI Dr/Von Karman Ave (EW) TS 0.404 A 0.423 A 0.403 A 0.425 A -D.001 +0,002 No a. MacArthur Blvd (NS) at Jamboree Rd (EW)' TS 0.557 A 0.620 B 0.556 0.625 B -0.001 +0.005 No 9. MacArthur Blvd (NS) at Bison Ave (EW) T5 0.450 A 0.476 A 0.451 R 0.477 A +aool +0.001 No 10. Jamboree Rd (NIS) at Campus Dr (EW)" T5 0.574 A 0.622 B 0,574 A 0.622 B 0.000 0.000 No 11. Jamboree Rd INS) at Bristol St North (EW) Ts 0.294 A U.423 A (096 4 0.431 I A 1 -0.008 +0.008 No 12. Jamboree Rd (N51 at Bristol St South (EW) TS 0.651 B 0.664 B 0.652 B 0.593 I A I +0,001 -0,071 No ]3. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS 1 0.636 B 0.678 B 0.637 B 0.679 B 1 +0.001 +0.001 No Notes: W T5 = Traffic Signal (2) V/C = Volume/Capacity (3) LOS = Level of Service (4) Level of Service E is acceptable: shared jurisdiction with City ut Irvine. 93'1JAH 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-121 Legend Other Development (see Tattle 5): • City of Irvine • City of Newport Beach Figure 20 Cumulative Projects Location Map g3pld1400 lli Bristol Street North Residences Traffic Impact Analysis 37 19604 11-122 iRVINE AVE Campus or (NS)l Bristol St N (ER a �a n0i COh— 31 .� r0 -,T ncn ['1 Birch St (NS}l Bristol St N (EVA) cN- �10 d Or- � I 4 O� N Birch S1 (NS)1 Brisol St 5 (rW) r` w 1 L 23� t r• 35� m0 0 Legend Study Intersection g7ddilli Campus Dr(NS)! Bristol St S (EVJ( 00 0 lL + 222� I l' 57� 0 0 J �v 4r MacArthur Blvd (NS)! MacArthur Blvd (NS)! Campus Dr (FW) Birch SI (EW) �� � '`a 00 �5 Site Q�J 0 ,r43 8r05 115:� `t I 1' 7� 'i T I' �e 254 0It� 52� 000 a N 0 -�k N MacArthur Blvd (NS)l MacArthur BW (NS)l Von Karmen Ave (Eq Jamboree Rd (F-% ;-a W-6 "'moo --3 tir- —148 .J 1. r 51 J r 167 3 --' `s t r 138 � `5 T - 3— n n0 cvN00 ro 260-� o00m 2fi�r 0� Nr Lit4lVERSITY DR MacArthur Blvd (NS)l Bison Ave (E" �+ %-0 CDN4 —�54 a' 1TP 17— o0v 0� CO Jamboree Rd (NS)l Jamboree Rd (NS)l Campus Dr (Eq Brr".11 t N (EW) ca T-Q4 co a N ,1 1. r0 1 r"7 32-4 w 1tP 0— 193� uf)rn0 rnT r?r-o m ` Jamboree Rd (NS)l Jamboree Rd (NS)l \` Brislcl St S (EW) University or (EVV) m °' '� 0 X o _ r 3a AVE 35- t P 17-4 `5 t " 4— 00 a--- 0vm 37 M 0-�k co Figure 21 Cumulative Projects AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 38 19604 11-123 AVZ Campus of (NS)l Campus Or (NS)l Brislol St N (Elhrl Brslul St S (EW) r)o %1-0 a rN1lr —67 �2o AIL i 179�` r o� 38-- coo N D� Birch St (NS)! Bristol St N (EW) %` 2 0 0 .- 38 r 1 ro �r 4 N r� Birch St (NS)1 Brislol 51 S (EWI G 0 l � 24-' r r~ 15 -+ co 0 0,, Legend Study Intersection g7dii �A� w a site J Il j, ¢� ¢�� O MacArthur Blvd (NS)/ Campus Dr (EW) 'tea �CIEo —252 ,r 51 MacArthur BW (NS)i Birch 51(EW) 1 s ko0"r- —57 d L ,r 0 35 -0 `1 r r 1 e s' 220� 0�r m o� r 22� 0�, oma r MacArthur Blvd (NS)l MacArthur Blvd (NS)) Von Karmen Ave (EW) Jamboree Rd (EW) rn o 13 NNO �--2 —281 1 � L ,r 84 'd j �. r 189 -2 67-, 1 r -2 NTrfl 179 �C7[) 7 UNIVERSITY MacArthur Blvd (NS)l Bison Ave (EVIL to '� D C:)Mo —33 a�1� or-5 D,r r r 53-� ooco D� O N Jamboree Rd (NS)1 Jamboree Rd (NS)l Campus Dr (EW) Brislol Sl N (EW) J M 94 I Y-0 r0 00 M rr, `1T� r `1rP (V 0-. 105-4 rorna �N NCQ4 N Jamboree Rd (NS)l (NS)l Jamboree Rd (NS)l Bristol St S (EW) University Or {FM e/so AVE m ti 0 �' c') d ---0 15-" rr 7_x `irt' 2— 2� M0 N 0— QNC1 0-1% N Figure 22 Cumulative Projects PM Peak Hour Intersection Turning Movement Volumes 14CC Bristol Street North Resldencts Traffic Impact Analysis 39 19604 11-124 Site IRVINE AVZ 4R Campus Dr (NS)! Campus Dr (NS)l Bdslul St N (EW) Bristol St S (ER 167 N A —980 Lr) A uO CO r ,r 2+6 7 1. 909-, + I 7' °0Cn 1347�T 00a V' 2 453� cc EN Birch St (NS)l Bristol St N (EMf) nr +-157 — 1254 r ,r381 � t 0o v r u7 Birch St (NS)i Bristol St S (EWE am rr 519�r f r 935i °0 194�, �N Legend vStudy Intersection C2 MacArthur Blvd (NS)1 Campus Dr (EW) N ea W -65 Q' _428 r k. ,r-64 369 -1 T rl t �' ssa�aN� 37� r MacArthur Blvd (NS)l Birch St (EW) rnv 89 Nrr-00 r-140 {16 239T' 93 S I � I NCB MacArthur Blvd (NS)/ MacArthur Blvd (NS)l Von Karman Ave (EW) Jamboree Rd (FM r 'L 30 m N '� 165 °nr�n '56 Nv� —1048 r V -213 r } ir558 21 -' `1 1 P 420-4 `1 t P 41� o Lr)CO 922— r-;rn M—t 46k I-v 1497 fY DR M3cMhurBlvd (NS)i Bison Ave (EW) CO '-40 r N a 4--93 r i �k rr211 97�. if " 84� rOcCo 67� �T Jamboree Rd (NS)1 Jamboree Rd (NSjl Campus or (EW) Brrstol Sr N (EW) vvco n rnN �194 a4 r185 r! 92- r'S1- 133— oout°i nCIA CO 226-,% Jamboree Rd (N5)1 Jamhorae Rd (NS)l `\ Bristol St 5 (EM University or (EW) mCO \\ o _ n ri0� '�142 r> r eo 99 25 ,r250 AVE 932--' 7' 378--o 396— 12427 rN-N N 90 -� rLO 327 r� Figure 23 CEQA Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 40 19604 11-125 IRVINE AVE Campus Dr (NS)f Campus Dr(NS)f Bristol St N (EW) Bristol St 5 (EW) M rn *-107 o r) 0 0 —1801 ccoo A Ilk rr281 L " t 624� 24 t �' r fD 1 68 " LOI'l- 485�, �N Birch St (NS)1 Bdstol St N (EW) (OM "-117 LON —1608 ,l 1 ,r 372 7 , rsrn �rni N Birch St (Ns)1 Bristot SI S (EW) NCM O It N I 226 t' 942 °a 1i1-y � N Legend QStudy Intersection 93')JJii MacArthur Blvd {NS)f MacArthur Blvd (NS)l Campus Dr (EW) Birch SI (EW) CO rn IL 140 r- N coSite CO uD � 195 Otv �lV�' J �� 1 �867 1 L -622 265� `� T fw l 297� '� t P 441� 'QjST 217� ti�N 46� a 25� ti O a� MacArthur Blvd (NS)f C MacArthur Blvd (NS)f ! sT �41 1 Von Karman Ave (EV, Jamboree Rd (EW) v 'L81 "tC11CD "-112 c`n'' — 38 v O C° —1212 ,r582 62 4 `1 t r 269--4 `1 T r• 85— mr� 1097-► Nvo 111 -4 co N 56 -14 N rn rn MacArthur Blvd (NS)! Bison Ave (EW) UNNERSIIiY OR "-67 r� `ra0US —141 dIL o--146 170�r '1 P 158� 131� -N Jamboree Rd (NS)) Jamboree Rd (NS)f Campus Dr (EW) Bridal St N (EW( CO L345 (0r �274 CO ,-123 d1 i 16 8- f 1 t 255 — rn "t'u] CO v rn oo N (n rn Nor [DI0) Jamboree Rd (NS)) �— Jamboree Rd (NS)(~ Bristo151 5 (EW) University Dr (EW) mn cc, CO M � 122 T Mrs —106 .1 ! L �r-298 AVE 6t8-11 t r" 278--' 'S T r 693— ("0`I° 100� vrnw 1110� N 12�, C Figure 24 CEQA Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic impact Analysis 41 19604 11-126 IRVVNE RVe PR Campus Or (NS)l Bostol St N (EVV) rn167 VC0 —991 J � r-269 `1 t mr a{ Birch St (NS)J Bristol St N (Emory r 1268 ,l 1 -413 co wa ti(0 Birch St (NS)l Bristol St S (EVO 0')0 vrn Imr 519r ©194 °0 v ( 194_X NN Legend QStudy Intersection Campus Or (NS)l Bristol St S (EVV) cv Do rn ca 1 L 91 t r 134141— 453-N cO N MacAAhurBlvd(NS)l MacArthur Blvd (NS)l� �q Campus Br (EW) Birch Si (EM G�5 �ty�' 00 Nm '-65 to 1 -89 Site QaJ P��O J L r648 J L r 160 369 -4 15 t r 107 \@ 660� ��cti° 246� Nm� 37 ti 39 ra UNIVFRSI MacArthur NO (NS)1 MacArthur Blvd (NS)l Voil Korman Ave (EVIL Jamboree Rd (EV } co M oLoo —56 Nvn �-1D45 t, ,r211 ,l ! r558 21 420-A `5 r 41 — ° N 937 a, m ten' 46� tiv 154� MacArthur Blvd (NS)l Bison Ave (EW) v n "-40 �nQi' —93 �r 211 97'` T r 84� Imo 67� ��� r� Jamboree Rd (NS)1 Jambures Rd (NS)J Campus Dr (EVV) Go VaBristol St N (EVV) MN m_ ao N �--194 v o r185 ,! 9 2-4 ' 1 t r ' 5 t 133—> oc�uCOi i°aa 226--4 N m co w Jamboree Rd (NS}l Jamboree Rd (NS)J Bristol Sr 5 (Ew) University Or (FM LO LX M ti� "`142 � m�m �-99 Al I tk r250 AVE 1101 939- t r 378-r 402— � N 90— ,ram a) 1247--�k N 32- �r Figure 25 CEQA Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 42 19604 11-127 RVE Campus Or (NS)! I Campus Or (NS)! Bristol St N (Eq Bristol 515 (EM cSe) M 107 uO Co �r-- —1798 r NroId ,r ,r 276T Ilk j L 1 t 624' t rr wrn 877-r r-Ni rn ti 485 �, co N Birch St (NS)i Bristol St N (EVJ) com '-117 LD 04v <-1600 ,! r 367 �2 - N Birch St (NS)i Brislal St S (EW) IN � T 226 T i' 953� 111 �, NN Legend QStudy Intersection C2A, �O Site �1 O Y MacArthur Blvd (NS)1 Campus Or (EVJ) mN *-140 v rn n —877 L `86 MacArthur B)vd (NS)! Blrch St (EVV) mnl L195 o rn —332 ,1 L ,r 62 265rff 297 Q 44I 48 216— CNN 254 I'-- MacMhur Blvd (NS)1 MacArthur Blvd (NS)! ' Von Karmen Ave (EVC Jamboree Rd (EW) '-81 0N0) 'L-112 (13 C', co n —38 Lo , —1224 ,r l L rr507 ,r ! L ,r582 62 269 } w i rr $5 1098— r�ivo 111� cnN 50�, Nrn� Ur4WERSII MacArthur Blvd (NS)! Bison Ave (EVJ) v '-67 G°C22 •-141 d 1 L ,r 146 170 -� r' 158u"'Nrn 131� �N Jambarea Rd (NS)! Jamboree Rd (NS)! Campus Dr (EV) Brstol 61 N (EM cocoN *-345 �� —274 m "123 d j J r `Q7v 164�1r' `S�P y L255-- rcN't vcoV Jamboree Rd (NS)! Jamboree Rd (NSP Bnstol St S (EW) University Or (EVV) LO m r• �00M "-122 —106 .r L r298 ejSON AVE 624-r T r 278- 'S t P 696� (� 100---► �o't 1106 �, N 12-4 N M Figure 26 CEQA Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 43 19604 11-128 8. GENERAL PLAN COMPARISON ANALYSIS This section presents analysis of Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan EIR, Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C. GENERAL PLAN COMPARISON METHODOLOGY This analysis compares the traffic analysis zone (TAZ) as analyzed in the Post 2030 General Plan Buildout traffic analysis with the proposed project. The Newport Beach Traffic Model (NBTM) TAZ 1390 was analyzed with 87 dwelling units of multifamily housing and 99,970 square feet of general office in the 2006 General Plan EIR. Since the project is constructing 230 multifamily housing dwelling units, the project is proposing 143 additional dwelling units compared to the 2006 General Plan EIR analysis. Therefore, Post 2030 General Plan Buildout With Project conditions were determined by adding the net increase in dwelling units proposed within TAZ 1390 to the Post 2030 General Plan Buildout forecasts originally evaluated in the 2006 General Plan EIR. The general office square footage stayed unchanged in this analysis. GENERAL PLAN COMPARISON TRIP GENERATION ANDTRIP DISTRIBUTION Table 7 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manuol (11th Edition, 2021). Based on review of the ITE land use description, trip generation rates for multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the proposed land use and was selected for use in this analysis. The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantity. As shown in Table 7, the proposed increase in General Plan buildout units is estimated to generate approximately 649 additional daily trips, including 53 additional trips during the AM peak hour and 55 additional trips during the PM peak hour. Project residential trip distribution patterns (see Figure 12 and Figure 13) were used for this analysis. POST 2030 GENERAL PLAN BUILDOUT WITHOUT PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout Without Project volume forecasts were provided by the City of Newport Beach based on the 2006 General Plan EIR. Post 2030 General Plan Buildout Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 27 and Figure 28. POST 2030 GENERAL PLAN BUILDOUT WITH PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout With Project volume forecasts were developed by adding the General Plan Comparison project trips to Post 2030 General Plan Buildout Without Project traffic volumes. Post 2030 General Plan Buildout With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 29 and Figure 30. GENERAL PLAN COMPARISON 1mPACTASSESSMENT ICU and Levels of Service at the applicable study intersections for General Plan Comparison: Post 2030 General Plan Buildout Without and With Project conditions are shown in Table 8. As shown in Table 8, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for Post 2030 General Plan Buildout Without and With Project conditions, except for the following intersections: gridii 1400 Bristol Street North Residences Traffic Impact Analysis 44 19604 11-129 1. Campus Drive (NS) at Bristol Street North (EW) (Both AM/PM Peak Hours) 3. Birch Street (NS) at Bristol Street North (EW) (AM Peak Hour) 5. MacArthur Boulevard (NS) at Campus Drive (EW) (PM Peak Hour) b. MacArthur Boulevard (NS) at Birch Street (EW) (PM Peak Hour) 10. Jamboree Road (NS) at Campus Drive (EW) (PM Peak Hour) 12. Jamboree Road (NS) at Bristol Street South (EW) (AM Peak Hour) Table 8 also calculates the net change in ICU at the study intersections for Post 2030 General Plan Buildout With Project conditions. As shown in Table 8, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for Post General Plan Buildout With Project conditions and no new mitigation measures are required. g3lddii 45 1400 Bristol Street North Residences Traffic Impact Analysis 19504 11-130 Table 7 General Plan Comparison Trip Generation Trip Generation Rates Land Use Source' Unite AM Peak Hour PM Peak Hour Daily % In % Out Rate % in %Out Rate Multifamily Housing (Mid -Rise) ITE 221 DU 23% 77% 0.37 61% 1 39% 1 0.39 4.54 Trips Generated Land Use Quantity Unit` AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Multifamily Housing (Mid-Rise)3 143 DU 1 13 40 53 34 21 55 649 N otes: (1) iTE = Institute of Transportation Engineers Trip Generofion Manual (11th Edition, 2021); ### = Land Use Code (2) DU = Dwelling Units (3) The General Plan comparison analysis evaluates an additional 143 DU to NBTM TAZ 1390. Project (230 DU) - TAZ 1390 (137 DU) = 143 DU, 46 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-131 Table 8 General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment I❑ Study Intersection Traffic Control General Plan Buildout Without Project General Man Buildout With Project V/C Encrease Significant }mpaet? AM Peak Hour PM Peak (lour AM 1 Peak Hour PM Peak Hour V/C' LO5' V/C' LOSa V/C' LOS' V/C' LOS' AM PM 1. Campus Dr INS) at Bristol St North (EW) T5 1024 F 0.948 E 1.025 F 0.949 E +0,001 +0.001 No 2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW) T5 0.893 D 0.774 C 0,893 D 0,775 C 0.000 +0.061 No 3. Birch St (NS) at Bristol St North (EW) TS 0.916 E 0.811 D 0.919 E 0.813 D +0,003 +0.002 No 4. Birch St (NS) at Bristol St South (FW) TS 0.547 A DA25 B 0.554 A 0.627 B +0.007 +0.002 No 5, MacArthur Blvd INS) at Campus Dr (EW)' TS 0+809 D I 'L241 F 1 0.809 D 1.241 F 0.000 0.000 No 6. MacArthur Blvd INS) at Birch St (EW) T5 0.796 C 1.016 F 0.797 C 1,018 F +0.001 +0.002 No 7. MacArthur Blvd INS) at Newport Pt Dr/Von Karman Ave (EW) TS 0.562 A 0.682 B 0.562 A 0.684 B 0.000 +0,002 No 8. MacArthur Plvd (NS) at Jamboree Rd (EW)` TS 0.877 ❑ 0.858 D 0.878 D 0,861 O +D.061 +0.003 No 9. MacArthur Blvd (NS) at Bison Ave (EW) T5 0.775 C 0.792 C 0.775 C 0.793 C 0.000 +0.001 No 10, Jamboree Rd (NS) at Campus Dr (EW)" TS 0.93) E 1,180 F 0.931 E 1,182 F +0.001 +0.002 No 11. Jamboree Rd INS) at Bristol St North (EW) TS 0.681 B 0.606 B 0.684 B 0.617 B +0.003 +0.011 No 12. Jamboree Rd INS) at Bristol St South (EW} T5 0.942 E 0.867 0 0.947 E 0.871 D r0.005 +0.004 No 13, Jamboree Rd (115) at Eastbiuff DOUniversity Dr (EW) TS 0.681 B 0.667 B 0.6B1 F' 0.667 B 0.000 0.000 No Noe: (1) T5 -Traffic Signal (2) V/C= Volume/Capacity (2) L05 = Level of Service (4) Level of Service E is acceptable: shared jurisdiction wish City of Irvine. g:nddl'1 47 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-132 AVF Campus Dr (NS)f Campus or(NS)1 Bristol St N (EM Bristol St 5 (EM 00 '-250 00 v rn —2010 r f ,l r310 1. '1 1370� P vN 1590� �4 uzM 670� Si?te Q�J � ct I �15 �p l I MacArthur Blvd (NS)l I Campus Dr (EA 000 '-60 r40 0AN MacABirchrlhur BWd (NSII SI (EW) 000 '-20 0 J �. ,r-50 710 -x `1 t i' 770 -" e 990—► ,4 N 670,nno 200 {r MacArthur Blvd (NS}l MacArthur Blvd (NS)l Von Karman Ave (EVV) Jamboree Rd (EW) a0 '-40 000 t170 EDS —180 "Ur —1120 .� I 'r r170 A� 1 V r420 ' 670'r 'S P 40-0 'i t r- 170— m . 1760— 0-o 607 �TLO 160� Nrocc OR MacArthur Blvd (NS)I Bison Ave (FM 0� 10 mryw —250 Al 1 r160 330 270— S'cco'Q Birch St (NS)l Jamboree Rd (NS)l Jamboree Rd (NS)l Brstol St N (EM Campus Dr (EW) Bristol St N (ER 00 "-820 OFO t170 00 aN —1730 a0iroh —840 tiff .1 1 r480 4O d 1, rmo J 1 Jk i i t `Q7� 260' o_o Gj 280� 000 00 30-X C0n �rNi Birch St (NS)l O\ Jamboree Rd (NS)l Jamboree Rd (N8)1 Bristol St S (E" Bristol S1 S (EM University Dr (EW) 00 0 orn0 '-170 tN n c"v�r 110 � S�SaN AVE r340 850- T r" 2150--' T rr 510'r 1200 00 M 570� 0 m 120� m N Ir 210-% U')M 1020- 10--, mN Legend Study Intersection g3odii Figure 27 Post 2030 General Plan Buildout Without Project AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analysis 48 19604 11-133 Site IR) INE A V,,z M�R Campus Or (NS)I Campus Or (NS)l Brislol St N (EVJ) Bristol St S (EVJ) 00 r- un "140 c00 0 02 —2880 C"I M ,1 l ar 540 ! k t 550�r + I P 0 1 o 1420� 0 7 r 630-x r �r Birch St (NS)! Brislol St N (EW) coo �160 20 —1730 .l 1 ,r 530 a0a o r u, Birch St (NS)! Bristol St 5 (EW) 0 0 Irnv 380 � t I' 1490 rQa o 130-,7 CO Legend QStudy Intersection y� AVE U3 I+a MacArthur Blvd (NS)1 Campus Or (EW) n 0 0 *-190 CY) � 1470 ,1 L �r 160 530' T `1 t r 700 ' I N N cep � 160MT MacArthur Blvd (NS)f Birch St (EW} C c0o 0 "� 360 cor 1020 .JIL ;150 460�' T`S f P 480— mr0n- 70� T-� MacArthur Blvd {NS)! MacArthur Blvd (NS)1 Van T(arman Ave (FM Jamboree Rd (EW) CD Cor� CD 180'9 ri. G°1- � 1 —570210 �-110 r860 W r20 140�` itP 240�'`itP 270 1480� rnpN 100 70-A co co MacArthur Blvd {NSI! Bison Ave (EVJ) ry R '-50 0 v m +-400 ,t ,r220 330-r -, t - 210 rao0 100� Nf�r N Jamboree Rd (N5)) Jamboree Rd (NS)f Campus Dr (ER Bristol 5S N (EV4 0 r0n 0 t530 V Co NNE —650 4a 1 ,r360 .l 610- r�t?r 850— �2U))04 CDC4 30i MCC N Jamboree Rd (NS)! Jamboree Rd (NS)I Bristol St S (EW) University Or (EW) CD 0 N 0 '-210 M-67 —110 ,r340 1180-0 t r~ 200,' ""'1 t - 1500— C 110--� r0000 1010co 10� 0)M Figure 28 Post 2030 General Plan Buildout Without Project PM Peak Hour Intersection Turning Movement Volumes 1.400 Bristol Street North Residences Traffic Impact Analysis 49 19604 11-134 IRVINE Aye Campus Dr (NS)l Campus Dr (NS)l Bristol St N (EM Brislol SI S (EW) 00 *-250 N0 v u� —2018 r J ,r312 l v;l T 1370 �n ~ 1670� m Nrn Birch St (NS)l Bristol St N (EW) "- 828 v" +-1740 Alp-502 Birth St (NS)l Bristol $I S (EW) u7 4 tm � 4 850 I l' 1203 co 210-N �m Legend QStudy Intersection MacMhur Blvd (NS)1 MacArthur Blvd (NS)f 5� �O Campus Or (EM Birch St (EW) Gl�, � ONO 60 ON0 L20 Site Q�J O ,r400 d � r500 0.0 770-" 'S 1 r- 7113, �Ri 200 � `r' � r 660LO It It s,. � � Markrthur Blvd (NS)l MacArthurBlvd (NS)! 1 t✓ Von Karman Ave (EW) Jamboree Rd (EVt 4N '-40 Cl) 00 L170 a'crp CC) —1$0 `2'r —1123 d rr171 1 Or-420 40670--" P 1701770— o °'g 607 r�� 1$4Z ��� M orArthur Blvd (NS)1 Bison Ave (EW) UNIVERSITY QR v L10 M NI cO —250 330-" P' 270� ep 2107 mmN Jamboree Rd (NS)l Jamboree Rd (NS)! Campus Or (EW) Bnslol St N (EW) Oho L170 coo NO —840 r`r a � � ,r 800 r � r 260 --4 `r T rr `1 T 2$0— avn0i vQD 307 ror, * N N� [7 Jamboree Rd (NS)l Jamboree Rd (NS)1 _. Bristol St S (EVJ) University Or (EW) mo OA ID L17D N o V ---110 ,l ,r 340 AVE t } 121117-" 510 -4 574— om 120— �N0 1024-q cil 1N Figure 29 Post 2030 General Plan Buildout With Project AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences Traffic Impact Analy5i5 50 19604 11-135 Site A vz Campus Or(NS)! Campus Or(NS)! Bristol St N (EM Bristol St 5 (E" o LO "-140 m o N T —2884 N M d l pr541 L `s t 550 t r' 00 1427— 0r 630- Birch SI (NS)I Brislol St N (CW) CD co M 164 r 20 —1735 �+ ,r 542 t ao oa o Birch 51(NS)l Bdstul St S (EVN O N CD V L 1499� 130-� Legend QStudy Intersection 93-dii 4- AVE r �o Uf11VtRS MacArthur Blvd (NS)! MacArthur Blvd (NS)! Campus Or (EVl) Birch St (EVV) ara k-190 oaa �� 360 —1470 co), —102r 0 -161) 'd r150 530` � t t 463- t 0°' 481 4007DD� oMONNco 160, 70- �o r MacArthur Blvd (NS)l MacArthur Blvd (NS)l Von Karman Ave (EVV) Jamboree Rd (EM n�110 I-oo '-1a0 " —`i 1t57I .T1 r862 d r9L 20 140— 'c" 240 '9 1485 N0�270 ) 1007 rnr 727 NCO ED MacArthur Blvd (NS)l ( Bison Ave (EVV) orn '-50 v co 00 rQ v —400 r220 330} '� t r+ 210— ocno 100�, MNr Jamboree Rd (N5)1 Jamboree Rd (NS)l Campus Or (E 4M Bristol Sl N (Eq '-530 o_v_ con rD� NN V —650 J I L ,r360 r 610 -r � t r" l `� t 850— o ri a CO LS7 N 307 r rn r- r Jamboree Rd (NS)l N r- r N rn to N Jamboree Rd (NS)f Bristol Sl S (EVV) llniversily Or (ENV) CD N mm �210 Cl) T —110 ,1 L r 340 1196 2001 i t �' 1502— co�2 110— Svc) 1012�� 10-x C) c) `IN Figure 30 Post 2030 General Plan Buildout With Project PM Peak Hour Intersection Turning Movement Volumes 1400 Bristal Street North Residences Traffic Impact Analysis 51 19604 11-136 9. CONGESTION MANAGEMENT PROGRAM This section provides analysis of the project impacts at County facilities in accordance with typical Orange County Congestion Management Program (CMP) requirements. BACKGROUND The Orange County CMP is a result of Proposition 111, which was a statewide initiative approved by the voters in June 1990. To prevent gas tax revenues from being used to promote future development, the legislation requires that a traffic impact analysis be prepared for new development, The traffic impact analysis is prepared to monitor and mitigate traffic impacts caused by new development. In Orange County, the Measure M Growth Management Program requires similar efforts; however, compliance with the CMP is required for local jurisdictions to receive Measure M2 funds. The Legislature requires that adjacent jurisdictions use a standard methodology for conducting a traffic impact analysis. Although details vary from one county to another, the general approach selected by each county for conducting traffic impact analyses has common elements. The Orange County CMP uses the Intersection Capacity Utilization methodology for anaiysis of intersections within the designated CMP roadway system. CMP-MONITORED INTERSECTIONS The following intersections in the City of Newport Beach are part of the CMP Highway System that require monitoring to ensure that Level of Service standards are maintained: ■ Newport Boulevard at Coast Highway ■ MacArthur Boulevard at Jamboree Road ■ MacArthur Boulevard at Coast Highway REQUIREMENTS FOR IMPROVEMENTS To determine whether the addition of project -generated trips results in an operational impact at a CMP study intersection, and thus requires improvements, the Orange County CMP utilizes the following requirements: ■ An operational project impact is defined to occur when a proposed project is forecast to increase traffic demand at a CMP study facility by more than three percent of capacity (V/C > 0.03), causing or worsening Level of Service F (V/C > 1.00), CRITERIA FOR PREPARATION OF CMP IMPACT ANALYSIS The Orange County CMP uses the following criteria to determine if a proposed development requires analysis: ■ Development projects forecast to generate 2,400 daily trips or more and have indirect access to a CMP facility; or development projects forecast to generate 1,600 daily trips or more and have direct access to a CMP facility; or ■ Projects with a potential to create an impact of more than three percent of Level of Service E capacity. Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis. glordi 1400 Bristol Street North Residences Traffic Impact Analysis 52 19604 11-137 10. SITE ACCESS AND CIRCULATION This section includes a description of project improvements necessary to provide site access and an evaluation of site access and circulation. The following section is based on the site plan used in this traffic impact analysis. SITE ACCESS Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the rc4ocated project driveway at Bristol Street North will continue to provide right turn in/out only access. The project driveway at Spruce Street will continue to provide full access. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. Based on the forecast project trip distribution patterns, the majority of the project trips, particularly resident trips during the AM/PM peak hours, are expected to access the site via the project driveway at Bristol Street North. Bristol Street North is a three -lane arterial roadway at the project driveway that connects with other arterial and regional roadway facilities. Westbound traffic along Bristol Street North at the project driveway will operate in free -flow conditions. Right turns into the project site from Bristol Street North will have no conflicting vehicular movements and are therefore expected to cause minimal to no delays along Bristol Street North. ON -SITE CIRCULATION The proposed project site plan indicates on -site subterranean drive aisles will be a typical minimum of 26 feet along the drive aisles with perpendicular parking spaces, which is generAly adequate for two-way circulation and provides sufficient space for most vehicles to back out and conveniently exit the parking stall. The project site plan proposes drive aisles from Bristol Street North and Spruce Street that terminate at parking garage entrances/exits with perpendicular parking and drive aisles within the parking garage. The final parking layout and circulation will be reviewed and approved by the City of Newport Beach. In accordance with the City of Newport Beach Municipal Code development standards for parking areas (Section 20.40.070.A.1c), both project driveways provide a minimum set back of five (5) feet between the property line and the first parking space accessed from a public street (within the parking garage). Additionally, the two basement level parking layouts proposed allow for full circulation with no dead-end drive aisles. The only dead-end drive aisle located on the proposed ground floor parking layout includes a turnaround parking space. 9:101dii 1400 Bristol Street North Residences Traffic Impact Analysis 53 14604 11-138 i1. VEHICLE MILES TRAVELED (VMT) BACKGROUND California Senate Bill 743 (SB 743) directs the State Office of Planning and Research (OPR) to amend the California Environmental Quality Act (CEQA) Guidelines for evaluating transportation impacts to provide alternatives to Level of Service that "promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses." In December 2018, the California Natural Resources Agency certified and adopted the updated CEQA Guidelines package. The amended CEQA Guidelines, specifically Section 15064.3, recommend the use of Vehicle Miles Travelled (VMT) as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. All agencies and projects State-wide are required to utilize the updated CEQA guidelines recommending use of VMT for evaluating transportation impacts as of July 1, 2020. The updated CEQA Guidelines allow for lead agency discretion in establishing methodologies and thresholds provided there is substantial evidence to demonstrate that the established procedures promote the intended goals of the legislation. Where quantitative models or methods are unavailable, Section 15064.3 allows agencies to assess VMT qualitatively using factors such as availability of transit and proximity to other destinations. The Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation impacts in CEQA (State of California, December 2018) ["OPR Technical Advisory"] provides technical considerations regarding methodologies and thresholds with a focus on office, residential, and retail developments as these projects tend to have the greatest influence on VMT. VMTAssEssMENTAND SCREENING The project VMT impact has been assessed in accordance with guidance provided by the City of Newport Beach SB743 lmplementotion (April 6, 2020) ["the City VMT Guidelines"] and City Council Policy K-3. The transportation guidelines provide a framework for "screening thresholds" for certain projects that are expected to cause a less than significant impact without conducting a detailed VMT study. The proposed project is considered a residential land use. The City VMT Guidelines contain a map of VMT per capita for all existing Newport Beach residential areas (see Appendix F). VMT per capita in each area is compared to the regional average VMT per capita for Orange County. This map shows areas where residential development have a VMT per capita lower than the Orange County regional average and may therefore be presumed to result in a less than significant VMT impact based on guidance provided in the OPR Technical Advisory. The proposed project is in an area with low residential VMT per capita. Therefore, the proposed project is presumed to have a less than significant impact on VMT since it satisfies the City -established screening criteria. No additional VMT modeling or mitigation measures are required. p-Iddh 1400 Bristol Street North Residences Traffic ImpactAnalys'Es 54 19604 11-139 12. CONCLUSIONS This section summarizes the findings and mitigation measures (if any) identified in previous sections of this study. PROJECT TRIP GENERATION The existing project site land use is estimated per Table 2 to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour. TPO IMPACT ANALYSIS The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required. CEQA YEAR 2027 IMPACT ANALYSIS The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required. CEQA GENERAL PLAN COMPARISON IMPACT ANALYSIS The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for General Plan Comparison: Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required. VMT SCREENING The proposed project is located in an area with VMT per capita lower than the Orange County regional average for residential use. Per the City VMT Guidelines, the project is therefore presumed to have a less than significant impact on VMT. CONGESTION MANAGEMENT PROGRAM Since the proposed project has indirect access to a CMP facility (e_g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis. SITE ACCESS AND CIRCULATION Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn ;n/out only access. g3l:Hh 1400 Bristol Street North Residences Traffic Impact Analysis 55 19604 11-140 The project driveway at Spruce Street will continue to provide full access. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. g7dil 56 1400 Bristol Street North Residences Traffic Impact Analysis 19604 11-141 APPENDICES Appendix A Glossary Appendix B Volume Count Worksheets Appendix C Level of Service Worksheets Appendix D Approved Projects List and Cumulative Projects Appendix F TPO One -Percent Threshold Analysis Appendix F Existing VMT Per Population Map g:31JAii 1400 Bristol Street North Residences Traffic Impact Analysis 19604 Apx-1 11-142 GANDDINI GROUP INC. 714.795.3100 1 ganddini.com 11-143 EXHIBIT "F" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division The development shall be in substantial conformance with the approved site plan, floor plans, landscape plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). Minor changes to the approved development may be approved by the Community Development Director, pursuant to Newport Beach Municipal Code Section 20.54.070 (Changes to an Approved Project) if the intent of the original approval is not affected. 2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach ("City") and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Entitlements granted under PA2022-0296 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC"), unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to California Government Code Section 66452.06(a). 4. The proposed residential development shall consist of 229 apartment units, inclusive of 153 base units (conversion and GPA units) and 77 density bonus units. 5. A minimum of 23 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1400 Bristol Street Affordable Housing Implementation Plan and Density Bonus Application dated August 11, 2023. 6. Maximum height of the residential structure shall be 85 feet. No building or any portion of structure, architectural feature or mechanical equipment shall exceed 85 feet. 7. Prior to the issuance of a building permit an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office. 8. The on -site recreational amenities including private balconies, a clubroom, podium courtyard, a roof deck, media room, business center, etc. as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to 11-144 the approval by the Community Development Director. The square footage of on -site recreational amenities shall not be reduced so that the development no longer provides 44 square feet per dwelling unit, as required by General Plan Land Use Element Policy L U 6.15.16. 9. The residential parking garage shall have the following features: a. A safe, secure and well lighted and signed pedestrian paths for all users. b. Adequate and uniform lighting throughout each parking level. c. Panic alarms and two-way communication systems in prominent locations on each parking level. 14. Prior to the issuance of a buildinq permit,. an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The Project shall be attenuated in compliance with the report. 11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation. 12. The design of the residential structure shall provide adequate noise attenuation between adjacent units (common floor/ceiling) in accordance with the California Building Code (CBC). 13. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas. 14. Advanced air filtration systems for buildings shall be considered to promote cleaner air without the opening of windows. 15. Prior to the issuance of a building permit, the Applicant shall submit to the Community Development Department a final copy of FAA Determination of No Hazard to Air Navigation reflective of the proposed building height. 16. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share Traffic Fees and Transportation Corridor Agency fees shall be paid for the Project. 17. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project 11-145 18. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project. 19. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees, inclusive of the Project's fair share of public safety fee, as determined by the Community Development Director. 20. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 21. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements: a. Within three (3) days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verities through non-invasive methods that either (i) the adult birds have not begun egg - laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. 11-146 d. If the biologist is not able to verify any of the conditions from sub -item "b," above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species -appropriate (no less than 100-foot radius around the nest for non - raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survivb independently from the nests. 22. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application. 23. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 24. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of the approved entitlements. 25. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 26. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 27. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought -tolerant plantings and water -efficient irrigation practices, and the plans shall be approved by the Planning Division. 2& All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11-147 29, The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 30. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 31. Prior to the issuance of Final Certificate of _Occupancy, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in conditions of approval. 32. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 33. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 34. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 36. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 11-148 36. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Refuse collection shall comply with the loading a pick up location identified on approved plans. The Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies. 37. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 38. Prior to issuance of building permits, the City of Newport Beach Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. The Police Department shall review and approve all defensible space design features incorporated into the project prior to permit issuance. 39. Prior to the issuance of a grading permit, the Applicant shall retain a qualified archaeologist to periodically monitor ground -disturbing activities onsite and provide documentation of such retention to the City of Newport Beach Community Development Director. The archaeologist shall train project construction workers on the types of archaeological resources that could be found in site soils. The archaeologist shall periodically monitor project ground -disturbing activities. if archaeological resources are encountered, all construction work within 50 feet of the find shall cease, and the archaeologist shall assess the find for importance and whether preservation in place without impacts is feasible. Construction activities may continue in other areas. If, in consultation with the City and affected Native American tribe (as deemed necessary), the discovery is determined to not be important, work will be permitted to continue in the area. Any resource that is not Native American in origin and that cannot be preserved in place shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. 40. Prior to the issuance of a grading permit, the Applicant shall retain a qualified paleontologist to be available on -call during ground -disturbing activities on site and provide documentation of such retention to the City of Newport Beach Community Development Director. if paleontological resources are encountered, all construction work within 50 feet of the find shall cease, and the paleontologist shall assess the find for importance. Construction activities may continue in other areas. If, in 11-149 consultation with the City, the discovery is determined to not be important, work will be permitted to continue in the area. Any resource shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Cooper Center (a partnership between California State University, Fullerton and the County of Orange). 41. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be retained and compensated as a Native American Monitor for the project site prior to the commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. 42. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project. "Ground -disturbing activity" shall include any demolition that includes subterranean impacts, mass grading, and excavation. The monitor is expected to accommodate the construction schedule provided by the Applicant. The Applicant shall make a good faith effort to notify the monitor of any changes to the construction schedule at least 24 hours in advance. 43. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. 44. The monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be provided to the project applicant/lead agency upon written request to the monitors. 45. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written confirmation to the consulting tribe from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribe. 46. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 25 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The monitor will recover and retain all discovered TCRs in the form and/or manner the tribe deems appropriate, in the tribe's sole discretion in 11-150 coordination with the applicant, and for any purpose the tribe deems appropriate, including for educational, cultural and/or historic purposes. 47. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. 48. if Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. 49. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 50. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. 51. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. 52. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Residences at 1400 Bristol Street including, but not limited to General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Development Agreement, Addendum to the 2006 General Plan Update Program Environmental Impact Report, and Traffic Study, PA2022-0296. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, andlor the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Public Works Department 53. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11-151 54. An encroachment permit shall be required for all work activities within the public right of way. 55. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building permit issuance. 56. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The PMP shall include information regarding gate operation, move -in and move -out, ride share area, guest parking areas and residential parking areas. 57. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 605. Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension. 58. The applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Spruce Street and Bristol Street North frontages per City Standards. 59. The applicant shall construct an 8-foot wide sidewalk along the Bristol Street North frontage and dedicate all applicable easements to the City to accommodate the 8- foot wide sidewalk. 60. The applicant shall provide an additional 2-foot wide easement along the Bristol Street North frontage for sidewalk purposes to accommodate a 10-foot wide sidewalk. The applicant shall construct a 10-foot wide sidewalk along the Bristol Street North project frontage when other developments in the area occurs and/or future pedestrian/cyclist volumes/usage increase, as directed by the Public Works Department. 61. The applicant shall provide a 6-foot wide sidewalk around the proposed pull-out area. The applicant shall dedicate all applicable easements to the City to accommodate the 6-foot wide sidewalk. 62. All deliveries shall be accommodated on -site and prohibited from parking or stopping within the public right of way. Only ride share vehicles shall be permitted to utilize the pull-out area located on Spruce Street. 63. The proposed driveway shall be constructed per City Standard 161. The radius for the Bristol Street North driveway shall be minimum 20-foot radius and the radius for the Spruce Street driveway shall be 15-foot minimum. 64. All on -site fire hydrants shall be privately owned and maintained. 11-152 65. An encroachment permit and encroachment agreement shall be obtained for the proposed pedestrian bridge located across Spruce Street. The bridge vertical clearance heights shall comply with latest Caltrans Highway Design Manual. 66. All landscaping along the Spruce Street and Bristol Street North frontages shall comply with the City's line of sight standard 105. Sight distance at all intersections shall comply with City of Newport Beach standards. 67. Final design of the water and sewer services is subject to further review by the Public Works Department during plan check. 68. Final design of the modified storm drain inlets is subject to further review by the Public Works Department during plan check. 69. The Spruce Avenue entrance shall be designed to accommodate a turnaround area prior to the garage entry and a minimum 3 vehicle queue prior to the call box. The turnaround shall comply with the AASHTO turning templates. The vehicle queue shall be located entirely outside of the Spruce Avenue right of -way. 70. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate with the City to complete the required off -site improvements identified in the Sewer Capacity Study dated August 11, 2023, to the satisfaction of the Public Works and Utilities Directors. The Applicant shall be responsible for their fair share cost of the improvements as determined by the City, which may include the payment and construction of the entire improvement unless the City assumes the cost of the improvement. Budding Division 71. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a certificate of occupancy. 72. Deleted. 73. All new construction shall comply with 2022 California Code Edition. 74. A grading bond shall be required prior to grading permit issuance. 75. A geotechnical report shall be submitted to the Building division for review prior to grading permit issuance. 76. Deleted. 11-153 77. A drainage and hydrology study shall be submitted prior to grading permit issuance 78. Deleted. 79. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 80. Prior to the issuance of a gradin_, permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 81. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the 11-154 approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 82. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 83. Prior to building permit issuance, the Applicant shall demonstrate compliance with South Coast Air Quality Management District (SCAMQD) Rule 1113. Rule 1113 requires manufacturers, distributors, and end -users of architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) emissions from the use of these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with SCAQMD Rule 1113. This requirement shall be included as notes on contractor specifications. 84. During construction, if groundwater is unexpectedly encountered, the Applicant shall apply for dewatering coverage and adhere to the monitoring and reporting program under the Santa Ana Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES). 85. Prior to the building plan check submittal, the Applicant shall submit the Project for Building Code Preliminary Review. 86. The residential dwelling units and their common use areas shall comply with Housing Accessibility per Chapter 91A. 87. The nonresidential portion of the development shall comply with the public accommodation requirements per Chapter I IB. 88. The new bridge over Spruce Street shall comply with CBC Section 3104 and all of its sub -sections under the Pedestrian Walkways and Tunnels requirements. 89. The pedestrian bridge shall comply with accessibility requirements. 11-155 Electrical, Mechanical, Plumbing 90. Prior to building permit issuance, project plans shall demonstrate compliance with the following: a. Below grade enclosed parking garage requires exhaust and ventilation per CIVIC 403.7.1 and Energy Code 120.6(c). b. Parking exhaust 1 ventilation from below grade must meet termination requirements based off CIVIC 502.2.2. Make up air for below grade parking garage shall be placed to avoid recirculation of contaminated garage air. c. Indoor air quality requirements for dwelling units shall follow Energy code section 160.2 which states that operable windows are not allowed as means for providing outside air to dwelling areas. d. Multifamily buildings shall meet the mandatory requirements for Electric Ready Buildings per Energy code section 160.9. Real Property Division 91. Prior to issuance of building permits for the pedestrian bridg , the Applicant shall demonstrate compliance with the following: • Applicant shall enter a lease agreement or other form of agreement as determined by the City for use of air rights over the Spruce Street right-of-way. The agreement shall require that the bridge be owned, operated, and maintained by the property owner of 1400 Bristol Street. • Applicant shall pay for the appraisal of air rights required prior to negotiation of lease terms. • Insurance and surety bonds shall be required. • Final details of bridge design, including materials used, height and other dimensions shall be subject to landlord (City) review and approval. Fire Department 92. Fire protection systems and the emergency responder radio system shall be inspected and approved by the Fire Marshal. 93. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshall. 94. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, 11-156 including the fire sprinkler system, shall be operational in the garage basement areas used for parking by the construction crews and for storage of building materials and construction equipment. 95. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002. 96. Emergency responder radio coverage shall be required to comply with NBFD Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510. 97. Emergency power and Standby Power System small be required as per CFC Section 604.2.14. 98. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2 amendment shall be provided throughout all buildings. 99. A standpipe system shall be required and installed as per CFC Section 905.3.1. 100. Fire Alarm system shall be provided as per CFC Section 907.2.9. 101. New pedestrian bridge shall meet all fire department access requirements and shall not obstruct access. 11-157 Attachment C Ordinance No. 2024-8 11-158 ORDINANCE NO. 2024- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT FOR THE RESIDENCES AT 1400 BRISTOL STREET PROJECT LOCATED AT 1400 BRISTOL STREET (PA2022-0296) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Piceme Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals: • General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project; • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development standard waivers related to park land dedication, building setbacks, building 11-159 Ordinance No. 2024- Page 2 of 8 height, private open space for each residential unit, and common open space along with two development concessions related to the mix of affordable units and partial payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Law"); • Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 11-160 Ordinance No. 2024- Page 3 of 8 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; and 11-161 Ordinance No. 2024- Page 4 of 8 WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The PCDP Amendment to the Newport Place Planned Community (PC-11)is a legislative act. Neither the Newport Place Planned Community (PC-1 1), Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of the NBMC, nor Section 65000 et seq. of the California Government Code set forth any required findings for approval of such amendments. Notwithstanding the foregoing, the PCDP Amendment complies with Part III (Residential Overlay) of the Newport Place Planned Community (PC-11)based on the following findings: 1. The Project allocates 15% of the base units (23 dwelling units) as affordable for very -low-income households. 2. Given the location of Property in the Airport Area which includes a mixture of service uses, hotels, John Wayne Airport and commercial support services, professional offices, and new residential developments that cumulatively contain the ingredients of a planned community, the PCDP Amendment would not disrupt the existing uses within the Newport Place Planned Community (PC-11)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 set forth in the Newport Place Planned Community (PC-1 1). The property nearest to the site within the Residential Overlay is 1300 Bristol Street, across Spruce Street. The 11-162 Ordinance No. 2024- Page 5 of 8 property at 1300 Bristol has been approved but not yet constructed as a residential apartment project. The Project at 1400 Bristol Street includes a pedestrian bridge that would extend from the subject site to the approved residential project at 1300 Bristol Street. The Project would be consistent with the anticipated future development of 1300 Bristol Street as well other adjacent properties within the Residential Overlay of Newport Place Planned Community (PC-11). The proposed pedestrian bridge would support pedestrian connectivity that integrates the Project into the existing community and larger residential development that may occur in the future pursuant to Section F (Amenities and Neighborhood Integration) of the PCDP Amendment. 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 compiles with the development standards identified for the Residential Overlay, except as modified by the allowed development standard waivers identified in the Affordable Housing Implementation Plan. The Residential Overlay provides a density range for proposed projects and references the Section 20.32 (Density Bonus) of the NBMC that prescribes the maximum density bonus and incentives allowed. Although the PCDP Amendment references a maximum density bonus of 35%, the Project requests a 50% density bonus, which is consistent with Section 20.32 (Density Bonus) of the NBMC that allows up to 80% density bonus depending on the percentage of affordable units being provided. Therefore, the Project is consistent with the intent of the density bonus assumptions in the Residential Overlay and within the maximum allowed by the density bonus provisions. 5. The Newport Place Planned Community (PC-11) requires an SDR in accordance with Section 20.52.080 of the NBMC. The Project includes an SDR, and all required findings are addressed in a separate resolution. 6. The PCDP Amendment requires the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 153 base units, not including density bonus units. Since the Property is 2.28 acres in size, there is a base density of 67 dwelling units per acre. With the density bonus, there is a total of 229 dwelling units, which results in 96 units per acre. Both the base density and density bonus units are not consistent with the PCDP Amendment density requirement; however, the Applicant is requesting a development standard waiver which is required under State Density Bonus Law and Section 11-163 Ordinance No. 2024- Page 6 of 8 20.32.080 of the NBMC where application of the development standard would physically preclude construction of a density bonus project. 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. 8. Residential dwellings are permitted as replacement of existing nonresidential uses, and the number of peak hour trips generated by the Project is not to exceed the number of trips of the underlying permitted nonresidential use. The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. A standardized conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area, as provided by the City Traffic Engineer, is required. This results in a total of 89 dwelling units, which is the proposed base density of the Project less the GPA units requested. The Applicant is requesting a GPA to increase the base units for the Project by 64 dwelling units. With a 50% density bonus or 77 dwelling units requested, a total of 229 dwelling units are proposed for the Project. 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 Addendum No. 7. Section 3: The City Council hereby approves the PCDP Amendment, as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference and finds that the PCDP Amendment to add the Property to the Residential Overlay complies with the purpose set forth in Section 20.56.010 (Purpose) of the NBMC, with all other provisions of the existing Planned Community District Regulations and exhibits remaining unchanged and in full force and effect. 11-164 Ordinance No. 2024- Page 7 of 8 Section 4: Environmental Impact Report Addendum No. 7 was prepared for the Project in compliance with CEQA set forth in California Public Resources Code Section 2100 et seq.; CEQA's implementing regulations set forth in the CEQA Guidelines and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to ensure that the Project will not result in new or increased environmental impacts. On the basis of the entire environmental record, the Project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in the PEIR or the City of Newport Beach Housing Element Initial Study/Negative Declaration. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding potential for new or more severe significant environmental impacts been identified. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 11-165 Ordinance No. 2024- Page 8 of 8 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of April, 2024, and adopted on the 23rd day of April, 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �� AMON C. HARP, CITY ATTORNEY Attachments: Exhibit "A" — Legal Description Exhibit "B" — Newport Place Planned Community (PC-11) Development Plan Amendment 11-166 EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-167 EXHIBIT "B" Newport Place Planned Community (PC-11) Development Plan Amendment 11-168 Add "Residential Overlay" to the Property Located at 1400 Bristol St N in the Newport Place Planned Community Attachment D Ordinance No. 2024-9 11-170 ORDINANCE NO. 2024- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE RESIDENCES AT 1400 BRISTOL STREET PROJECT LOCATED AT 1400 BRISTOL STREET (PA2022-0296) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Picerne Group ("Applicant"), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"). WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals: • General Plan Amendment ("GPA") — A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment") An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("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; • Affordable Housing Implementation Plan ("AHIP") — A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space along 11-171 Ordinance No. 2024- Page 2 of 7 with two development concessions related to the mix of affordable units and payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. ("State Density Bonus Law"); • Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study — A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; WHEREAS, a public hearing was held by the Planning Commission on December 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 11-172 Ordinance No. 2024- Page 3 of 7 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; WHEREAS, a notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676; 11-173 Ordinance No. 2024- Page 4 of 7 WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance the Ralph M. Brown Act, 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, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; WHEREAS, a development agreement is required by Chapter 15.45 (Development Agreements) of the NBMC in that the Project would add more than 50 dwelling units within Statistical Area L4 (Airport Area); WHEREAS, Section 15.45.040 (Contents) of the NBMC requires inclusion of the permitted use of the property, density or intensity of use, maximum height, and size of proposed building into a development agreement, WHEREAS, the DA satisfies the mandatory elements of Section 15.45.040 (Contents) of the NBMC in providing for the development of 229 dwelling units, inclusive of requested density bonus; WHEREAS, the DA further satisfies other mandatory elements of Section 15.45.040 (Contents) of the NBMC in the definition of the Newport Place Planned Community (PC-11) Development Plan which incorporates all land use approvals required for the Project; WHEREAS, the DA also provides other non -mandatory elements, including a term of 10 years for completion of the Project along with providing public benefits that are appropriate to support conveying the vested development rights consistent with the City of Newport Beach General Plan, NBMC, and Government Code Sections 65864 et seq.; and WHEREAS, the public benefits include the payment of a $232,560 public safety fee, a $581,247 park in -lieu fee, and $2,893,383 public benefit fee, for a total of $3,707,190 to be used by the City Council as specified in the DA. 11-174 Ordinance No. 2024- Page 5 of 7 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council finds the Development Agreement is consistent with provisions of California Government Code Sections 65864 to 65869.5 and Chapter 15.45 (Development Agreements) of the NBMC that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. Additionally, the City Council finds the Development Agreement is entered into pursuant to, and constitutes a present exercise of, the City's police power and is in the best interest of the health, safety, and general welfare of the City, residents, and the public. Section 3: The Development Agreement which is attached hereto as Exhibit "B," and incorporated herein by reference between the City of Newport Beach and the Applicant to accommodate the development of Project and to enter the agreement for a term of ten years, is hereby approved. 11-175 Ordinance No. 2024- Page 6 of 7 Section 4: Environmental Impact Report Addendum No. 7 was prepared for the Project in compliance with the California Environmental Quality Act ("CEQA") set forth in California Public Resources Code Section 2100 et seq.; CEQA's implementing regulations set forth in CCR Title 14, Division 6 Chapter 3 ("CEQA Guidelines") and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to ensure that the Project will not result in new or increased environmental impacts. On the basis of the entire environmental record, the Project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) and the 2008-2014 City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in the PEIR. In Addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding potential for new or more severe significant environmental impacts been identified. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 11-176 Ordinance No. 2024- Page 7 of 7 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of April, 2024, and adopted on the 231d day of April, 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AAR N C. HARP, CITY ATTORNEY Attachments: Exhibit "A" — Legal Description Exhibit "B" — Development Agreement 11-177 Exhibit "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-178 Exhibit "B" Development Agreement 11-179 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT between CITY OF NEWPORT BEACH and BCD NEWPORT BEACH II, LLC CONCERNING "THE RESIDENCES AT 1400 BRISTOL STREET" 11-180.1 DEVELOPMENT AGREEMENT (Pursuant to California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the _ day of , 2024 (the "Agreement Date"), and is being entered into by and between the City of Newport Beach ("City"), a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California, and BCD Newport Beach II, LLC, a Delaware limited liability corporation ("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 1400 Bristol 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") and has submitted an application to the City for the Development Plan, defined in Section 1 (Definitions) below to develop the Property. The Property consists of approximately 2.38 acres and is a part of the Newport Place Planned Community shown on the City's Zoning Map. B. To encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. D. The Parties wish to enter into Agreement for the construction of a multi -unit residential project consisting of 229 apartment units (including affordable units) atop of 422-space parking structure. E. As detailed in Section 3 of this Agreement, Property Owner agrees to provide the following significant public benefits as consideration for this Agreement: a public benefit fee in the amount of Two Million Eight Hundred Ninety -Three Thousand Three Hundred Eighty -Three Dollars and 00/100 ($2,893,383.00), a park in -lieu fee of Five Hundred Eighty -One Thousand Two Hundred Forty -Seven Dollars and 00/100 ($581,247.00), and a public safety fee in the amount of Two Hundred Thirty -Two Thousand Five Hundred Sixty Dollars and 00/100 ($232,560.00). 11-180.2 F. This Agreement is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as Mixed Use Horizontal 2 ("MU-1­12") which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses and the Newport Place Planned Community that was adopted in 1970 by Ordinance No. 1369, and amended from time to time, in order to establish appropriate zoning to regulate land use and development of property within the general boundaries of the Newport Place Planned Community. G. In recognition of the significant public benefits that this Agreement provides, the City Council finds that this Agreement: (i) is consistent with the City of Newport Beach General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) is consistent with the Project's Addendum No. 7 to the Environmental Impact Report (SCH# 2006011119) ("PEIR") that was certified by the City Council on July 25, 2006 for the 2006 General Plan Update and the Initial Study/Negative Declaration prepared in accordance with CEQA for the Newport Beach Housing Element Update (General Plan Amendment No. GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the "PEIR"), all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code chapter 15.45. H. On December 7, 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 April 9, 2024, the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Property Owner, and members of the public. On April 23, 2024, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. 2024-9 (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. 2024-9 approving and adopting this Agreement. OA 11-180.3 "Agreement" shall mean this Development Agreement, as the same may be amended from time to time. "Agreement Date" shall mean April 23, 2024, which date is the date the City Council adopted the Adopting Ordinance. "CE A" 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 3 11-180.4 charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) the amendment to the Newport Place Planned Community (PC-11) adopted pursuant to Ordinance No. 1369 and as amended by Ordinance No. 2024-8; (3) General Plan Amendment adopted pursuant to Resolution No. 2024-23; (4) Site Development Review adopted pursuant to Resolution No. 2024-23; (5) Affordable Housing Implementation Plan adopted pursuant to Resolution No. 2024-23; and Traffic Study adopted pursuant to Resolution No. 2024- 23. "Development Regulations" shall mean the following regulations as they are in effect as of the Agreement Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Agreement Date that impairs or restricts the Property Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by the Property Owner 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 4 11-180.5 involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et SeMc ., 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 SeMc ., 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 SeMc ., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et sgq., 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 SeMc . "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 the Property Owner's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement or is specifically agreed to by the Property Owner. 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 City and/or Property Owner as determined by the context. [11 11-180.6 "Project" shall mean the demolition of two existing office buildings and development of 229 apartment units and 422-space parking structure including all on -site and off -site improvements that Property Owner is authorized and/or may be required to construct on the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Property" is described in Exhibit "A" and generally depicted on Exhibit `B". "Property Owner" shall mean BCD Newport Beach II, LLC, a Delaware limited liability corporation 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. Zonina 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's 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) that Property Owner is the owner of the fee simple title of the Property; (ii) if 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; (iii) 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; 3 11-180.7 (iv) 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; (v) 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; (vi) 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. 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 (10`") anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Article 5 and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Property Owner'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. h 11-180.8 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 Two Million Eight Hundred Ninety -Three Thousand Three Hundred Eighty -Three Dollars and 00/100 ($2,893,383.00) which shall be due and payable prior to the issuance of the first building permit for any portion of the Project. The City has not designated a specific project or purpose for the Public Benefit Fee. Property Owner 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 Property Owner's vested rights to be acquired hereunder, and that Property 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 Property Owner's default, if Property 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 Article 3 (Public Benefits) shall be increased based upon percentage increases in the CPI Index as provided herein. The first CPI adjustment shall occur on the 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 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6- month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date. 3.2 Other Public Benefits. 3.2.1 In addition to the Public Benefit Fee, the direct and indirect benefits City shall receive pursuant to this Development Agreement are as follows: 11-180.9 3.2.2 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 Eighty -One Thousand Two Hundred Forty -Seven Dollars and 00/100 ($581,247.00), for the purpose of acquisition and improvement of other properties as parklands to serve the Airport Area (the "Park In -Lieu Fee"). The Park In -Lieu Fee shall be due and payable prior to the issuance of the first building permit for any portion of the Project. 3.2.3 Public Safety. The Property Owner shall pay a public safety fee in the amount of Two Hundred Thirty -Two Thousand Five Hundred Sixty Dollars and 00/100 ($232,560.00) to be used, at the City's discretion, to fund the cost of staffing, services, and equipment necessary for fire related public safety purposes (the "Public Safety"). The Public Safety Fee shall be due and payable prior to the issuance of the first building permit for any portion of the Project. 3.2.4 Apportionment of Fees. Property Owner and City hereby acknowledge and agree that the amounts of the Public Benefit Fee (Section 3.1), Park In -Lieu Fee (Section 3.2.2), and Public Safety Fee (Section 3.2.3) assessed herein are predicated on the Project being developed as a 229- unit residential development project. In the event Property Owner submits a building permit application for the Project that includes fewer residential units, the amounts owed by Property Owner to City for the Public Benefit Fee, Park In -Lieu Fee, and Public Safety Fee shall each be reduced on a proportional basis. 4. Development of 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, if any, or that are required, for Development of the Project as of the Agreement Date provided that all such actions are consistent with the Development Regulations, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Property Owner'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. 9 11-180.10 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. 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. 10 11-180.11 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 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. 11 11-180.12 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 the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement. 4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule 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 12 11-180.13 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 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's 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 finds, 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. 13 11-180.14 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. 8. Events of Default. 8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) calendar days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the foregoing, the City is not required to give Property Owner 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 Option 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 14 11-180.15 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. 8.6 Specific Performance Remedy. 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 fails to carry out its obligations under this Agreement. 8.7 Monetary Damages. The Parties agree that monetary damages shall not be an available remedy for 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. Property Owner expressly agrees that the City, any City 15 11-180.16 agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, for purposes of this Section 8.7, "City") shall not be liable for any monetary damage for a Default by the City or any claims against City arising out of this Agreement. Property Owner hereby expressly waives any such monetary damages against the City. The sole and exclusive judicial remedy for Property Owner in the event of a Default by the City shall be an action in mandamus, specific performance, or other injunctive or declaratory relief. 8.8 Additional City Remedy for Property Owner'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. 8.10 Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action. 9. Force 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 Oblieations of Pronertv Owner. 10.1 Indemnity Arising From Acts or Omissions of Property 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 16 11-180.17 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. In the event either City or Developer recovers any attorneys' fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 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 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 Environmental Indemnity. 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 17 11-180.18 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 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 sea.) 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 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 Property 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 Property Owner with respect to the balance of the Property, without Property 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 11-180.19 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. 12.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 12.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Property Owner or 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. 19 11-180.20 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. 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 With a copy to: BCD Newport Beach II, LLC c/o The Picerne Group 5000 Birch Street, Ste. 600 Newport Beach, CA 92660 Kevin Ashe Holland & Knight LLP 4675 MacArthur Court, Ste. 900 Newport Beach, CA 92660 20 11-180.21 Either Party may change the address stated in this Section 14.2 by delivering notice to the other Party in the manner provided in this Section 14.2, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of: (i) the date received or (iii) three business days after deposit in the mail as provided above. 14.3 Protect 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. 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. 21 11-180.22 14.7 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 14.8 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 14.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one (1) and the same agreement. 14.10 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 14.11 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that 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, 22 11-180.23 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 Assip-ns; Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 14.13 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Article 11. 14.14 No Third Party Beneficiaries. The only Parties to this Agreement are City 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 Annlicable Law and Venue. This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 14.16 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 23 11-180.24 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 I DESCRIPTION DESIGNATION A I Legal Description of Property B I Depiction of the Property 14.18 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. [SIGNATURE PAGE FOLLOWS] 24 11-180.25 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "PROPERTY OWNER" BCD Newport Beach II, LLC, a Delaware limited liability corporation By: _ Name: Title: By: _ Name: Title: "CITY" ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney CITY OF NEWPORT BEACH, a municipal corporation and charter city Will O'Neill, Mayor Jennifer Hernandez, Attorney for Property Owner 25 11-180.26 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (seal) On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 11-180.27 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-180.28 EXHIBIT B DEPICTION OF PROPERTY 11-180.29 Attachment E Resolution No. 2024-24 11-181 RESOLUTION NO. 2024- 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING THE RESIDENCES AT 1400 BRISTOL PROJECT IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRIDING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE RESIDENCES AT 1400 BRISTOL IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2022-0296) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Picerne Group ("Applicant'), with respect to the property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"). WHEREAS, the Applicant is requesting approval to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure ("Project"), which requires the following approvals: • General Plan Amendment ("GPA") - A request to amend the General Plan land use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment ("PCDP Amendment') - An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the Property within the Residential Overlay; • Major Site Development Review ("SDR") - A site development review in accordance with the Newport Place Planned Community (PC-11) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") to construct the Project; 11-182 Resolution No. 2024- Page 2 of 9 • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space along with two development concessions related to the mix of affordable units and partial payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Govemment Code Section 65915 et seq. ("State Density Bonus Law"); • Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 7") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Newport Place Planned Community (PC-11) Zoning District in the Industrial Site 3A sub -area; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program and obtaining a coastal development permit are not required; WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") and is one of the 62 new housing opportunity sites allocated in the certified 6th Cycle Housing Element; 11-183 Resolution No. 2024- Page 3 of 9 WHEREAS, on November 14, 2023, the City Council approved Resolutions 2023- 72 and 2023-73 and Ordinances 2023-20 and 2023-21, authorizing amendments to the Noise Element and Land Use Element of the General Plan, Title 20 (Planning and Zoning) of the NBMC, Newport Place Planned Community Development Plan (PC-11), and Newport Airport Village Planned Community Development Plan (PC-60) ("6t' Cycle Housing Element Implementation Noise -Related Amendments") 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; WHEREAS, the Property is located within the 60 dBA noise contour as a 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 7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council approve the Project; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); 11-184 Resolution No. 2024- Page 4 of 9 WHEREAS, on January 18, 2024, the ALUC determined the Project is inconsistent with the following provisions of the AELUP: • 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"; • 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 JWA"; and • 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 CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on February 13, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; 11-185 Resolution No. 2024- Page 5 of 9 WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-9 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on February 14, 2024; WHEREAS, the City received timely comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the ALUC and the Aeronautics Program in accordance with CPUC Section 21676 which are attached hereto as Exhibits "C" and "D" respectively, and incorporated herein by reference; and WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds the Project consistent with the purposes of Section 21670 of the CPUC 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 and hereby overrides ALUC' s determination that the Project is inconsistent with the AELUP. 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 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. 11-186 Resolution No. 2024- Page 6 of 9 Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4 of the AELUP define 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 uses as "conditionally consistent" with the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent" with 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. The Project is located within the updated 60 dBA CNEL noise contour, consistent with the approved 6th 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 to the Project and are consistent with the 45 dBA interior noise standards of the AELUP. B. The Project is 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." 11-187 Resolution No. 2024- Page 7 of 9 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. 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 standards available and the standards most generally used. Section 2.1.3 identifies the FAA as the single authority for analyzing project impacts on airports 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 analyses. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on January 17, 2023, thereby finding the development does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the proposed height of the Project assuming an existing site elevation of 54 feet, with a proposed building that is 85 feet above ground level ("AGL"), and 139 feet above mean sea level ("AMSL"). The FAA further found that marking and lighting of the Project is not necessary for aviation safety. Any increase in height of the structure above the proposed 85-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 at 1500 Quail Street that is approximately 144 feet AMSL. 11-188 Resolution No. 2024- Page 8 of 9 Section 2: Environmental Impact Report Addendum No. 7 was prepared for the Project in compliance with the California Environmental Quality Act ("CEQA") set forth in California Public Resources Code Section 21000 et seq.; CEQA's implementing regulations set forth in Title 14, Division 6 Chapter 3 of the California Code of Regulations ("CCR") ("CEQA Guidelines") and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to ensure that the Project will not result in new or increased environmental impacts. On the basis of the entire environmental record, the Project will not result in any new significant impacts that were not previously analyzed in the Program Environmental Impact Report ("PEIR") for the General Plan 2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in the PEIR and the City of Newport Beach Housing Element Initial Study/Negative Declaration. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the PEIR and the City of Newport Beach Housing Element Initial Study/Negative Declaration, nor has any new information regarding potential for new or more severe significant environmental impacts been identified. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 11-189 Resolution No. 2024- Page 9 of 9 Section 4: 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 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 9th day of April, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Exhibit "A" — Legal Description Exhibit "B" — Orange County Airport Land Use Commission Inconsistency Determination dated January 23, 2024 Exhibit "C" — Comment Letter from Orange County Airport Land Use Commission dated March 12, 2024 Exhibit "D" — Comment Letter from California Department of Transportation Aeronautics Program dated March 12, 2024 11-190 Exhibit "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. 11-191 Exhibit "B" Orange County Airport Land Use Commission Inconsistency Determination dated January 23, 2024 11-192 / AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 Fax: 949.252.6012 January 23, 2024 Liz Westmoreland, Senior Planner City of Newport Beach Community Development 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for 1400 Bristol Street Residences, General Plan (Land Use) Amendment and Newport Place Planned Community Amendment Dear Ms. Westmoreland: 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 1400 Bristol Street Residences, 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 (AELUP for JWA) per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be 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." 3.2.1 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 a,ocair.com if you have any questions regarding this proceeding. Sincerely, Lea U. Chourn Executive Officer cc: ALUC 11-193 Exhibit "C" Comment Letter from Orange County Airport Land Use Commission dated March 12, 2024 11-194 DocuSign Envelope ID: 1EAF590A-C39C-4868-9172-7D7F41DC83C4 ORANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY .�L -Z 3160 Airway Avenue • Costa Mesa, California 92626. 949.2S2.5170 fax: 949.252.6012 March 12, 2024 Liz.Westmoreland, Senior Planner Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach.. CA 92660 Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission Determination Regardinry 1400 Bristol Street Residences Dear Ms. Westmoreland, We are in receipt of the City of Newport Beach (City) letter dated February 14, 2024, and City Council Resolution No. 2024-9 notifying the Airport Land Use Commission (AL.UC) for Orange County of the City's intent to overrule the ALUC's inconsistency determination on the proposed 1400 Bristol Street Residences. In accordance with Section 21676 of the Public Utilities Code, the ALUC submits the following comments addressing the proposed overrule findings for the above -referenced project. These comments shall be included in the public record of a final decision to overrule the ALUC. Please be advised that California Public Utilities Code (PUG) Section 21678 states; "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background On January 18, 2024, the ALUC for Orange County found the proposed 1400 Bristol Street Residences to be inconsistent with the Aiq.)ort E17virons Land Use Plan (AELUP) for John t'Vayrne Airport (Ji3'A) on a 6-0 vote. The inconsistent finding was based on AELUP Sections 2.1.1,2.1.2,and 3.2.1. Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse effects of aircraft noise to ensure that people and facilities are not concentrated in areas 11-195 DocuSign Envelope ID: 1EAF590A-C39C-4868-9172-7D7F41DC83C4 1400 Bristol Street Residences March 12.2024 Page 2 susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 211674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The City's proposed project would place residential uses within the 65 dBA Community Noise Equivalent Levels (CNEL) and Safety Zones 4 and 6, which would result in exposure to significant risks, noise and aircraft overflight, the City's proposed actions are inconsistent with the AF.L.UP. ALUC has the following additional comments regarding the findings and facts of support included in Resolution No. 2024-9. Response to Finding and Fact in Support A - Regarding Noise Standards: Pursuant to AELUP Section 2.1.1, ". . . aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport..." As noted in the City's discussion, the CNEL standards are set forth in the AELUP. As part of the review of the proposed Residences at 1401 Quail Street, it was noted that the project site is within the JWA 65 dBA noise contour. The ALUC believes that the proposed residential uses would be highly affected by airport noise due to the close proximity to the airport and that the past and current land use designation of General Commercial Office (CO-G) is the appropriate designation for this site. Finding of Fact A states that "the project is located within the updated 60 dBA CNEL contour consistent with the approved 6t1i Cycle Housing Element Implementation Noise -Related Amendments." This "updated 60 dBA CNEL contour" was included as part of tile Housing Element Implementation/Noise Related Amendments which was found inconsistent by the ALUC on August 17, 2023 and overruled by the City on November 14, 2023. With the 2023 Noise Amendments, the City replaced the existing noise contours which are currently consistent with the adopted AELUP.for.JTVA, with more narrow noise contours which were included in 2014 Settlement Agreement EIR 617, which did not provide an analysis of the potentially significant impacts of placing future residential uses within the 65 dB CNEL contour. As stated in our December 5, 2023 letter to you, and in the August 17, 2023 ALUC Staff Report for Item 1: Housing Implementation/Noise-Related Amendments, "the AELUP continues to reflect the EIR 508 noise contours for purposes of deterinining whether a project is consistent wilh the AELUP noise policies and provisions. Therefore, for purposes of the AELUP consistency analysis, the City and ALUC are required to utilize the noise contours that are provided in the AELUP. Neither the City nor the ALUC can provide a consistency analysis based on different and updated noise contours unless and until those noise contours have been included in the AELUP. Rather, any submittal must be based on the policies and contours currently in the existing AELUP. " The proposed Housing Element Implementation - Noise Related Amendments would allow residential uses which are not suitable and would subject the future residents to excessive 11-196 DocuSign Envelope ID: 1EAF590A-C39C-4868-9172-7D7F41DC83C4 I40013ristnl Street Residences March 12, 2024 pane 3 noise regardless of which noise contours are utilized. The ALUC has historically found residential uses in the vicinity of JWA to be inconsistent with the AELUP far JPK4. Response to Fact in Sunnort B - Reeardina Safety: Pursuant to AELUP Section 2.1.2, "[s]afety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs. 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." The proposed project is located in Safety Zone 6 — Traffic Pattern Zone. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. Flight tracks for the property were included in the ALUC staff report which show a high number of flights over the proposed project site. Considering the proposed density, proximity to JWA and the number of flights over the property, this project is an inappropriate use for the site. Response to Fact in Support C - Regarding "Intent of the AELUP": By virtue of being clearly stated in AELUP for JWA Sections 1.2 "Purpose and Scope" and 2.0 "Planning Guidelines," the ALUC understands the complex legal charge to protect public airports from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, ALUC proceedings are benefited by several members having expertise in aviation. Based upon careful consideration of all information provided, and input from ALUC members with expertise in aviation, the ALUC unanimously found the proposed 1400 Bristol Street Residences to be inconsistent with the ,4 EL UP for JYVA. We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments. Sincerely, DoeuStpned by: ascna 2D7Fzaa86... Mark Monin Vice -Chairman cc: Airport Land Use Commission for Orange County Jonathan Huff, Caltrans/Division of Aeronautics 11-197 Exhibit "D" Comment Letter from California Department of Transportation Aeronautics Program dated March 12, 2024 11-198 STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor DEPARTMENT OF TRANSPORTATION AERONAUTICS Program- M.S. #40 1 120 N STREET P. O. BOX 942874 SACRAMENTO, CA 94274-0001 PHONE (916) 654-4959 FAX (916) 653-9531 TTY 711 www.dot.ca.gov March 12, 2024 Liz Westmoreland, AICP, Principal Planner City of Newport Beach Community Development Department 100 Civic Center Drive Newport, CA 92660-3267 Dear Ms. Westmoreland: 0 Making Conservation a California Way of Life. Electronically Sent lwestmoreland @ newportbeachca.gov The Aeronautics Program (Program) at the California Department of Transportation (Caltrans) appreciates receiving the Notice of Intent dated February 14, 2024, from the City of Newport Beach (City), to overrule a determination of the Orange County Airport Land Use Commission (ALUC). The ALUC has reported that the 1400 Bristol Project (Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The Notice of Intent concerns the City's Resolution (No.) 2024-9 (Resolution), and specific "Facts in Support" related to the AELUP. In advance of a public hearing on the Resolution to consider overruling the ALUC's determination, the Program is providing the following comments pursuant to California Public Utilities Code (PUC) section 21676. The Program strongly recommends that the City modify the Project to address the issues raised by the ALUC. Facts in Support #1 -The Project is consistent with the noise standards of the AELUP. Citing AELUP section 3.2.3 for "residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside" overlooks a key provision of the section that is seen prior to quoting the conclusion of the section that says, "residential uses within the 65- 70 dBA CNEL noise contour are required to be 'indoor - oriented' to preclude noise impingement on outdoor living areas." The provision in between states, "All residential units are inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL." In addition, though the city notes that it intends to require noise attenuation to be addressed during design, the city, as the permitting authority, can, as a provision of final occupancy permit issuance, require the developer to demonstrate interior noise attenuation below 45 dB. As flight tracks demonstrate, it will not be difficult to find a representative time of day to test noise with multiple flights over the project. This will ensure that the end user, be it homeowner or renter, is not left with the arduous task of perusing legal action against all the relevant parties to have their new home rebuilt with proper noise attenuation. Furthermore, though the city intends to require disclosures related to aircraft noise, pollution and odors, again, as a condition of the permit, should require avigation easements that will protect the airport from litigation related to noise, nuisance, and pollution. "Provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" 11-199 Ms. Liz Westmoreland March 12, 2024 Page 3 Facts in Support #2 - The proposed Proiect is consistent with the safety standards of the AELUP. This Fact in Support is deficient for not adequately citing the reference to Safety Zone 6 (Traffic Pattern Zone) of the AELUP. As used in the Notice of Intent, the statement that states, "risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence," is drawn from the AELUP, but it overlooks the AELUP's reference to the 2002 California Airport Land Use Planning Handbook (Handbook; published by the Program). It is Table 9B in the 2002 Handbook that refers to "a low likelihood of accident occurrence." Unfortunately, the AELUP does not account for the current Handbook of 2011. The City also does not account for it. The 2011 Handbook allows for low risk of accidents in the zone for an airport traffic pattern, but it goes further to quantify accident risk (Chapter 4, page 4-25). Owing to a relatively large area, the Handbook indicates 18-29 percent of accidents near a runway could occur in the traffic pattern zone (attributable also to lower and slower flight profiles for less time and altitude to recover from distress). The 2011 Handbook also allows for residential land use in the traffic pattern zone, but with the condition that says, "where ambient noise levels are low." By accounting for this discrepancy, the Program recommends that the City evaluate ambient noise levels in the JWA Safety Zone 6 before taking further action on the proposed ALUC overrule. It would be a prudent means for abiding by PUC section 21670 "to prevent new noise and safety problems." Facts in Support #3 - The proposed Project is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA. Citing the City's intention related to the Project that states, "any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards," contained in Sections 2 and 3 of the AELUP, is appreciated by the Program. Sections 2 and 3 of AELUP provide overall policies for planning and land use around JWA, including certain specific criteria. The points made in this letter concerning specific criteria should be considered for their value to ensure accurate compliance with PUC section 21670. Otherwise, the Program contends that any less effort compromises both the City's declared position in the Notice of Intent and the public's welfare. As noted, the Program strongly recommends that the City modify the Project to address the issues raised by the ALUC, but in the event that the City overrules the ALUC determination of inconsistency, please include these comments in the public record for this agenda item. If you have further questions, or we can assist in any way, please reach out at the phone number or email below. Sincerely, Originally signed by Jonathan Huff Associate Transportation Planner "Provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" 11-200 Ms. Liz Westmoreland March 12, 2024 Page 3 c: Lea U. Choum, Executive Officer, Orange County Airport Land Use Commission; ALUCinfo@ocair.com bc: Lan Zhou, Deputy District Director, District 12, lan.zhou@dot.ca,aov "Provide a safe, sustainable, integrated, and efficient transportation system to enhance Colifomia's economy and livability" 11-201 Attachment F Planning Commission Staff Report (no attachments) 11-202 SUBJECT: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 7, 2023 Agenda Item No. 4 Residences at 1400 Bristol Street (PA2022-0296) ■ General Plan Amendment ■ Planned Community Development Plan Amendment ■ Major Site Development Review ■ Affordable Housing Implementation Plan ■ Traffic Study ■ Development Agreement ■ Environmental Impact Report Addendum SITE LOCATION: 1400 and 1420 North Bristol Street APPLICANT: The Picerne Group OWNER: BCD Newport Beach II, LLC. PLANNER: Liz Westmoreland, Senior Planner 949-644-3234, Westmoreland(a).newportbeachca.gov PROJECT SUMMARY The Residences at 1400 Bristol Street project includes the demolition of two existing two- story office buildings and surface parking and the construction of 229 apartment units atop of 422-space parking structure. The project is located in the Newport Place Planned Community, at the northwest corner of Bristol Street North ("Bristol Street") and Spruce Street in the Airport Area. The project includes the construction of a pedestrian bridge that would connect to the approved residential apartment project at 1300 Bristol Street, across the Spruce Street right-of-way. 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 1 11-203 2 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 2 3) Adopt Resolution No. PC2023-043 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Traffic Study, and Development Agreement, for the Residences at 1400 Bristol Street Project locatea at 14UU ana 142U Nortn Bristol Street ( F'A2U22-U2yb 1. LOCATION ON -SITE GENERAL PLAN General Commercial Office CO-G ZONING PC-11 CURRENT USE Office buildings NORTH CO-G PC-11 Office building SOUTH EAST I N/A Mixed -Use Horizontal (MU-H2) N/A PC-11 California State Route 73 Office building (future Residences at 1300 Bristol) WEST CO-G PC-11 Office buildings S 11-205 4 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 3 INTRODUCTION Project Setting The subject property is located in the Newport Place Planned Community (PC-11)and approximately 2.38 acres in size. The site is currently designated for office uses by the General Plan and PC-11. The property is rectangular in shape, located at the northwest corner of Bristol Street and Spruce Street, and adjacent to existing office buildings and surface parking. The north office property located at 1401 Quail Street is currently being considered for residential development (Residences at 1401 Quail Street Project (PA2023-0040). The subject property is currently improved with two two-story, office buildings consisting of 38,764-square-foot and a surface parking lot. Project Description The Applicant, the Picerne Group, is proposing to demolish the two existing office buildings and construct a 229-unit for -rent project atop a 422-space parking structure ("Project"). The parking structure includes one level on -grade (podium level) and two levels below grade with five levels of residential above the podium. Given that the site is designated for office use by the General Plan, the applicant requests a General Plan Amendment from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2) to allow residential use. The base density allotted to the property if designated MU-H2 is 89 dwelling units. This density is based on the conversion of the existing 38,764 square foot office buildings, consistent with the City's adopted land use conversion factors. The General Plan Amendment includes a request to increase the project's base density by 64 dwelling units for a total base of 153 dwelling units. The applicant also proposes a 50% density bonus to increase the total unit count to 229 pursuant to Government Code Section 65915 (Density Bonus Law) and Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus). The dwelling unit calculations are summarized below in Table 1. Table 1: Dwelling Unit Summary Units Based on Existing Nonresidential Uses 89 Additional Units Per Proposed General Plan Amendment 64 Total Base Units 153 Density Bonus (50%) 77 Total Units Permitted 230 Total Units Provided 229 The project includes a proposed pedestrian bridge that would extend from the project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street (Figure 1). 15 11-207 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 4 Figure 1: Pedestrian Bridge The Applicant's full project description is provided as Attachment No. PC 2. The following approvals are requested to implement the Project as proposed - General Plan Amendment (GPA)- A request to change the existing General Plan land use designation from General Commercial Office (CO-G) to Mixed Use Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations); • Planned Community Development Plan Amendment- An amendment to the Newport Place Planned Community (PC-11) to include the project site within the Residential Overlay; • Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC"), for the construction of the Project; • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50 percent increase in density. The Applicant seeks six (6) development standard waivers related to park land dedication, building setbacks, 0 11-208 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 5 building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The Applicant also seeks one development concession related to the mix of affordable units, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; • Development Agreement — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Report ("Addendum") - 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 two levels of subterranean parking. The building height would be approximately 85 feet, including architectural elements, parapet, rooftop mechanical equipment, and roof access. The 229 apartment units include 40 studio units,126 one -bedroom units, and 63 two - bedroom units. The studio units would be 515 square feet, the one -bedroom units would range from 613 to 896 square feet, and the two -bedroom units are proposed to range from 1,049 to 1,469 square feet. Of the 229 units, 23 units would be affordable and restricted to very -low-income households. The remaining 203 units would be market -rate, for -rent apartment units. While there is an overall unit mix of studio (17.5%), one -bedroom (55%), and two - bedroom (27.5%) units, almost all of the affordable units are one -bedroom or studio units (refer to Table 2 below). This does not meet the standards of Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC, which requires affordable units in a density bonus project to reflect the same range of unit types in the development as a 7 11-209 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 6 whole. However, the applicant is requesting relief through an incentive/concession' from State Density Bonus Law, further discussed below. Table 2: Unit Mix Very Low Unit Type 'Total Units Income Units Studio 40 14 1 Bedroom 126 8 2 Bedroom 63 1 Total 229 23 The Project would include a modern contemporary architectural style with articulated facades composed of a mix of stucco, fiber cement board siding, and tile veneer fagade accents. The color scheme would be white, dark grey, and beige. Metal awnings and metal railings on the private decks would further provide fagade articulation. The architectural design of the Project reflects the surrounding office context. Its contemporary forms complement the existing office buildings to create a building that respects the current condition while creating a distinctly unique identity. The Project corners are enhanced with rich materials to bring attention to and articulate the prominent areas of the Project. The applicant's approach to the building site orientation was to create a sheltered refuge in the center of the project by enclosing the courtyards shielding them from the busy roadways of Bristol Street and Spruce Street. Figure 2: Rendering from Bristol Street ' The terms incentive and concession are used interchangeably. 2 11-210 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 7 Vehicular Access, Parking, and Pedestrian Bridge Vehicular access to the project site is currently and would continue to be provided from one driveway on Bristol Street and one driveway on Spruce Street. Vehicular access and circulation are shown below on Figure 3. Because Bristol Street is a one-way roadway, the driveway will only allow right turns in and out. The driveway at Spruce Street will provide full access (i.e., right and left turns in and out). The driveway entrance on Bristol Street North would be relocated approximately 65 feet to the northwest (further away from the intersection at Spruce) and it will provide controlled access to the resident garage entry. The driveway entrance on Spruce Street would lead to another gated entry for residents and guests. The gated entry on Spruce Street would remain open during business hours for guests. After business hours, guests would use a free-standing call box for entry. A designated turn out area is proposed within the Bristol Street North entry for loading, deliveries, and trash pick-up. Separately, a turnout area on Spruce Street will be provided for ride share pick up and drop offs. �\IMMEMIN ti II1 j111'i�llll ,111 '� 1�111111� 1 1111111111111 1 �` 11111\1` 1�=i� 111` 11 Il�ilillll\\ �! 111 \�=�=ili 11111�i=�=j11111\III 11\\�1111�111 MENEMEMMEN Figure 3 Vehicular Circulation Guest parking would be provided on the ground level from the Spruce Street entrance. All guest parking would be separated from resident parking by roll up gates. The Bristol Street entrance leads to a resident only access with assigned parking. Subterranean parking would be restricted to residents with key -card access. Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 8 As a Density Bonus project, the Project is required to provide 261 parking spaces. The Project proposes to provide 422 parking spaces. The parking ratio would be 1.84 parking spaces per dwelling unit inclusive of guest parking, which would exceed Government Code Section 65915(p) and NBMC Section 20.32.060 (Parking Requirements in Density Bonus Projects) requirements as summarized in Table 3. Table 3: Parking Summary Level Resident Guest Total Resident Accessible EV Guest Accessible EV Ground Level 57 3 3 42 3 1 109 Subterranean Level 1 131 5 17 0 0 0 153 Subterranean Level2 160 0 0 0 0 0 160 Total 348 8 20 42 3 1 Total Resident: 376 Total Guest: 46 422 EV=Electric Vehicle Source: TCA Architects, 2023. The project includes a steel truss pedestrian bridge that extends from the proposed project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street. The pedestrian bridge would be located on the second story, at the southern corner of the building. The bridge would include a 9-foot-wide pathway and span approximately 108 feet and provide a minimum 17-foot clearance for emergency vehicles. The pedestrian bridge is intended to provide connectivity between the two residential projects and allow sharing of amenities between the sites. The properties are owned and will be operated by the same entity. The applicant will be required to enter into a lease agreement with the City of Newport Beach subject to the payment of fees for the use of air- space over the City's right-of-way. The pedestrian bridge has been conditioned to comply with Caltrans standards for bridge construction. Project Amenities The proposed project includes a variety of private on -site recreation and amenities for residents and guests including a clubroom, pool deck, roof deck, and other uses summarized below: 1 D 11-212 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 9 I apse +-. rroject Hmenitles PROVIDED Business Center 3,400 SF Mail Room 1,004 SF Club Room 3,282 SF California Room 1,850 SF Media Center 1,469 SF Pool RR/Showers 960 SF Roof Lounge Area 817 SF Roof deck 1,510 SF IlDog Spa 463 SF TOTAL 14,�55 SF Construction Phasing Implementation of the proposed Project occur over an approximately 24-month period. Demolition and construction activities are assumed to commence in Summer 2024 and conclude in Spring 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 and is included as Attachment No. PC 3. Off -Site Improvements The Sewer Capacity Study prepared by Tait & Associates, Inc. dated August 11, 2023, concludes that there is insufficient capacity in a downstream segment of pipe to support the project along with other approved and planned residential development in the area. Figure 4 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 potentially reimbursed by future applicants and the City), or the City will replace the line and all applicants will pay their fair share of the costs. Alternatively, the City may choose 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 (other than the pedestrian bridge that would cross the public right-of-way). 11 11-213 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 10 Off -site Sewery PLACE OR Line Segment_`°- x Subject Property r rc, Figure 4: 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 the subject property from the CO-G designation 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 as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) and the requested 64 GPA units are not included in the 2,200-unit policy allowance. Presently, there are a total of 353 units remaining and available to be entitled. With the approval of this project, there would be 264 (353-89=264) dwelling units remaining (exclusive of density bonus units and units authorized through General Plan Amendments). Residential units approved, proposed and remaining within the MU-H2 designation of the Airport Area are listed in the table below. 12 11-214 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 11 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 1400 Bristol 89 0 0 89 77 229* Remaining Development Allocation 264 0 264 *Project total reflects actual proposed project inclusive of density bonus units and GPA units. However, the density bonus units and GPA units are not restricted by the 2,200 residential unit limit identified in the 2006 General Plan. The GPA also includes a revision to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to allow 64 additional residential dwelling units at the Property. Conversions of existing commercial space to dwelling units and density bonus units are not tracked within Table LU2. 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 multiunit dwellings. Additionally, even with the conversion from CO-G to MU-H2, the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area. 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 23 units that will be affordable to lower incomes. is 11-215 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 12 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. While this specific site was not identified as a site for mixed -use development due to noise from the airport, actual noise from the airport is less than predicted due to changes in flying patterns and improved technology. As a result, it is appropriate to consider housing at the project site. 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 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. Figure B-3: Airport Area Environs —Sites Inventory Site Inventory: Airport Area Environs LEGEND -- City Boundary sth Cycle 51tes Pipeline Projects Opportunity Sites Key Map f A Fee NO N 0 500 1.000 14 11-216 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 13 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 December 21, 2023. 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 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. Charter Section 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 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 15 11-217 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 14 Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for ten (10) years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. The Project is the first General Plan Amendment in Statistical Area L1 within the last 10 years that includes additional dwelling units or non-residential floor area. The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan, as discussed previously. Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in Charter Section 423 analysis because it is mandated by State law and allowed at any site designated for housing. The 64 additional dwelling units allocated by the requested general plan amendment result in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11th Edition trip rate for the proposed use, as provided in Council Policy A-18. No credit is given to the existing non- residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Charter Section 423 thresholds to require a vote of the electorate should the City Council approve the requested GPA. Furthermore, since there have been no other applicable projects in the last 10-years, there is no need to analyze the cumulative development of 80% of prior General Plan amendments from the last 10 years with the proposed project (i.e., cumulative analysis). As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. 80% of the increases in units and peak hour trips related to this project will be tracked as a prior amendment for 10 years from the date of approval of the proposed GPA. Tribal Consultation (SB-18) 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 City must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received a response from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on January 26, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. Three tribal contacts requested consultation within the 90-day period: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Although consultation with the participating 10 11-218 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 15 Native American Tribes is ongoing, draft conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. The conditions of approval require on -site monitoring during ground disturbing activities by tribal representatives as well as appropriate conditions should tribal cultural resources be discovered. Newport Place Planned Community (Zoning Code) Amendment The property is currently located within Industrial Site 3A of PC11 and not within the Residential Overlay of PC11. The industrial zoning designation was established in 1972 with the adoption of the planned community text. Office development is and remains allowed. A request to allow the subject property to be added to the Residential Overlay of PC11 is necessary to accommodate the proposed residential development. Further change to PC11 is not necessary as the intent of the residential overlay is to allow housing regardless of the underlying zoning category. The property is located within 85 feet of properties subject to the Residential 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 23 dwelling units as affordable for very -low income households (153 base units x 15% = 22.95 = 23 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 limits the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 89 base units or 37.4 dwelling units per acre, not including density bonus units or the requested units through the requested GPA. The base density with the requested GPA results in a density of 64.3 dwelling units per acre. The overall density of the project including the density bonus units is 96.2 units per acre. Both the base density and density bonus units are not consistent with the PC Text density requirement; however, the Applicant is requesting a development standard waiver pursuant to the NBMC and State Density Bonus Law. Additionally, the Overlay requires that residential dwellings are to be permitted as replacement of existing nonresidential uses consistent with General Plan policy, 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. z7 11-219 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 16 Site Development Review Residential development pursuant to the Residential Overlay of PC11 requires a site development review, consistent with NBMC Section 20.52.080 (Site Development Review). In accordance with Section 20.52.080(F), 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) 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, 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 229 new residential units to an existing major employment center (the Airport Area and Irvine Business Complex), including setting aside 23 residential units for very -low income households. The proposed project plans (Attachment No. PC 7) show the configuration of the proposed residential building, including driveways, location of open spaces, landscaping, and private amenities. The building is proposed to be six stories tall and approximately 85 feet in height including all architectural elements and rooftop mechanical equipment. The architecture would be high -quality and incorporate neutral colors with stone/tile, metal, and glass features. The proposed pedestrian bridge is designed to match the 12 11-220 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 17 architectural style of the proposed building and the approved, but not yet constructed apartment building at 1300 Bristol Street. The parking is largely screened from public view, with two of the three levels located entirely below grade and landscaping buffers around the first -floor parking structure. The project includes enhanced landscaping along Bristol Street North in compliance with PC-11 and the project is conditioned to widen sidewalks, which will improve the pedestrian experience in the area. The pedestrian bridge includes "see -through" elements that reduce its mass and scale. The Project's building mass including the pedestrian bridge are compatible with the surrounding office developments and anticipated future development. 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 Bristol Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. The property at 1451 Quail Street is developed with an approximately 37-foot tall office building. The 1400 Quail Street property, located across Quail Street, is developed with an approximately 30-foot tall office building. 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, 1401 Quail Street which is the adjacent property, is proposing a 67-unit condominium project that is approximately 86 feet in height. The height and scale of pending and approved development in the immediate vicinity, the proposed project at 85 feet high will be compatible with the planned urban village planned for the Airport Area. The project includes 422 onsite parking spaces located on a podium level parking structure which includes a two subterranean parking levels below. The project includes adequate onsite parking exceeding the minimum required residential standard pursuant to Density Bonus Law. NBMC Section 20.40.040, Off -Street Parking Requirements, 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 458 resident parking spaces and 115 guest parking spaces for a total of 573 parking spaces. As provided for in Government Code Section 65915 Density Bonus Law and NBMC Section 20.32.060 (Parking Requirements in Density Bonus Projects), the applicant is requesting a reduction in the number of required parking spaces for the project. NBMC Section 20.32.060, reflects the language of Government Code Section 65915 provision of 1.0 parking spaces for studio and one - bedroom units and 1.5 parking spaces for units with two 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 required to provide a minimum of 261 parking spaces. The project as presently designed includes 422 parking spaces, with 376 for resident spaces and 76 for guest. The parking ratio of the proposed project would be 1.84 parking spaces per dwelling unit inclusive of guest parking, which exceeds the 19 11-221 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 18 minimum parking requirement specified by the Density Bonus parking requirements. This excess parking is necessary in recognition that mass transit in the area is not as robust, and residents will rely on the automobile. As the area transitions, transit and walkability will improve as new uses are developed to provide services and goods for future residents. The City's General Plan does not identify any scenic vistas or viewpoints on or proximate to the Project site. The nearest public viewpoint to the Project site identified in the City's General Plan is approximately 0.5 mile south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately 2,000 feet south of the site. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project. 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). Affordable Housing Implementation Plan The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP), dated August 11, 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 23 units of the project's 153 base units would be set aside as affordable units to very -low income households for 55 years. Incentive/Concession Request. - The 15% allocation of very -low-income households makes the project entitled to a density bonus of 50% (77 units) above the maximum number of units allowed by the General Plan. In addition to the 77 density bonus units requested, the project is entitled to receive three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. The applicant requests the following incentive: 20 11-222 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 19 a. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and Distribution of Affordable Units). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. See previous discussion regarding unit mix. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility. Development Standard Waivers In addition to the density bonus units, parking reductions, and financial concessions, the Project is entitled to receive unlimited waivers or reductions of development standards if the development standard would physically prevent the project from being built at the permitted density. In this case, the Applicant requests waivers of the following development standards: a. 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 one-half acre, whichever is greater, be provided. In this case, the 2.28- acre project site is too small to feasibly accommodate a half -acre park. The City has granted this dedication waiver twice previously with the Newport Airport Village planned community and the Residences at 1300 Bristol Street project. b. Residential density. General Plan Land Use Policy LU 6.15.7 limits residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would comply at 37.4 dwelling units per acre. Including the proposed GPA units, the resulting base density would be 64.3 units per acre exceeding the limit and a waiver is necessary to implement the project. Again, the City has previously granted this policy waiver allowing excess density twice with the Newport Airport Village planned community and the 1300 Bristol Street projects. c. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with 8-foot setbacks to Spruce Street and 18-foot setbacks to Bristol Street similar to the setback reduction with the Residences at 1300 Bristol project. d. Building height. The Newport Place Planned Community (PC-11) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 229 residential units. The Project is designed with a height of approximately 85 feet from established grade. The City granted a similar waiver with the Residences at 1300 Bristol Street project. e. Private open space. NBMC Section 20.18.030 (Residential Zoning Districts General Development Standards) requires a minimum of 5% of the gross floor area of each unit to be provided as open space. The Project's studio dwelling units and 21 11-223 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 20 nine of the two -bedroom units (including four units which provide only 2 square feet less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. f. Common open space. NBMC Section 20.18.030 (Residential Zoning Districts General Developments Standards) requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 17,175 square feet (75 square feet per unit x 229 units). The Project as designed provides approximately 13,800 square feet of common open space due to space limitations on the 2.38-acre lot. Fiscal Impact Analysis and Development Agreement Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development Economics dated August 14, 2023 (Attachment 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 residential rental project would generate a negative fiscal impact for the City, substantially higher than the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of about $56,000 per year and the project would generate a negative fiscal impact of approximately $173,824. This is consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some very high value luxury residential projects have shown a positive fiscal benefit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year. Additionally, the project will be required to pay public benefit fees as part of the Development Agreement, which would offset some of the impacts. The project would also provide much needed housing opportunities in the City in furtherance of the certified Housing Element including 23 rental units affordable to very - low income households. 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 PC11 and a General Plan Amendment to change the land use designation which include the development of 50 or more residential units. The applicant requests a 10-year term of agreement. 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 22 11-224 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 21 project while encouraging a commitment to private participation in comprehensive planning. Staff supports the requested 10-year term. The DA provides vested rights to develop the project and the City is currently negotiating public benefit fees per each residential dwelling unit. The final negotiated fees will be presented to the City Council and are based on prior development agreements including the Newport Airport Village project. These fees are subject to annual adjustments, based on the CPI Index and would be payable at building permit issuance or prior to occupancy. 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. Traffic Phasing Ordinance (TPO) NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates in excess of 300 new average daily trips (ADT). Ganddini Group Inc. has prepared a traffic study dated June 28, 2023 (Exhibit D of Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The focus of a TPO traffic study is the conditions one year after project occupancy, or five years after project approval for larger projects not expected to be complete within five years. Baseline traffic conditions for a TPO traffic study include previously approved projects in the City. The entire project is anticipated to be complete by the end of 2026, well within the five year criteria. The Traffic Study provides an evaluation of morning and evening peak hours at 13 existing intersections that are located in the City and the adjoining City of Irvine. The Project is projected to generate an additional (i.e. net increase of) 624 daily trips, including 26 peak AM trips and 34 peak PM trips. When these trips are distributed to these studied intersections, the analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes vehicle miles traveled (VMT) analysis for informational purposes only. An analysis of VMT was not required as a part of the CEQA Addendum because the adopted Program Environmental Impact Report (PEIR), adopted in 2006, did not utilize VMT analysis. Nonetheless, the informational analysis concludes that the project is in an area mapped with low residential VMT per capita. Therefore, the project is presumed to have a less than significant impact on VMT since it satisfies the City established screening criteria. Furthermore, the TPO requires findings that, based on the weight of the evidence in the administrative record, including the traffic study, the proposed project complies with the 2S 11-225 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 22 TPO. Findings related to the preparation of the traffic study are provided in the draft resolution for project approval (Attachment No. PC 1). 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 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 or prior Negative Declaration has been certified for a project, no subsequent EIR or other analysis 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: 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; 24 11-226 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 23 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 (Kimley Horn and Associates) to prepare an Addendum to the PEIR. The entire Addendum and its technical appendixes are available online at the City's website at: www.newportbeachca.gov/cega. The conclusion of the Addendum analysis supports the finding that no additional environmental documentation 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 or Negative Declaration that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project. 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 proposed project is also consistent with the recently updated Noise Element. The proposed application of the Newport Place Residential Overlay will provide for the project 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. The applicant proposes to redevelop the underperforming office development with a for rent multi -unit development with affordable units consistent with the Overlay and in furtherance of the Certified Housing Element. The proposed development with on -site 25 11-227 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 24 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. The proposed pedestrian bridge will create connectivity between the approved project at 1300 Bristol and the subject project. Conditions of approval are included in the draft resolution that will require the applicant to enter a lease agreement with the City of Newport Beach and pay the fair market value for rent of the City's airspace over the Spruce Street right-of-way. The construction drawings will be reviewed by all City departments including the City Traffic Engineer, Building Division, and Life Safety Services Divisions (Fire Department) to ensure the design meets height, accessibility, and other applicable standards. Alternatives 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 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 20 11-228 Residences at 1400 Bristol Street (PA2022-0296) Planning Commission, December 7, 2023 Page 25 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: Submitted by: 4v- Liz W tmoreland Jim Campbell Senior Planner Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant's Project Description PC 3 Construction Management Plan PC 4 Addendum to the 2006 General Plan EIR PC 5 Fiscal Impact Analysis PC 6 Public Comments PC 7 Project plans 27 11-229 Attachment G Planning Commission Meeting Minutes 11-230 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Regular Meeting Minutes December 7, 2023 median, landscaping and lighting proposals, CEQA exemptions for Class 1 and 14, and staff recommendations. Ex parte communications revealed that Commissioner Rosene spoke with the applicant's representative, while the other Commissioners disclosed none. Chair Ellmore opened the public hearing. Shawna Schaffner, CEO of CAA Planning and representative to the applicant, thanked City staff for working together on the project and used a presentation to review the background, proposed project, requested approvals, school site views and elevations, materials board, photo renderings, view from Newport Coast Drive, traffic study, offset school hours, and biological resources study. She stated that the applicant agrees with the conditions of approval. An unidentified student at Sage Hill supported the project. Mike Baldwin, Sage Hill trustee and Chairman of the Board, supported the project and asked the Council for approval. Jim Mosher noted that the specific approval and PA number are missing in part 2 of the decision on handwritten page 34. Deputy Community Development Director Campbell concurred with Mr. Mosher's note and asked that the PA number be added, and the Commission accepted staff's recommendation with the minor change. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the addition is nice and will fit in well. Secretary Harris liked the proposal and thought the queueing and traffic issues have been resolved. Commissioner Langford thanked the public for attending the City Council meeting and encouraged graduated students to return to Newport Beach if they leave the area for studies. Chair Ellmore thought the project is fantastic. Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve staff's recommendation with the modification to condition of approval number 34 and the minor insertion into the recommendation. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 4 RESIDENCES AT 1400 BRISTOL STREET (PA2022-0296) Site Location: 1400 and 1420 Bristol Street (North) Summary: Request for the demolition of two existing office buildings and the development of 229 apartment units atop a 422-space parking structure and a pedestrian bridge that extends from the proposed project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street (Project). The following approvals are requested to implement the Project as proposed: • General Plan Amendment (GPA) - A request to change the existing General Plan land use designation of subject property from General Commercial Office (CO-G) to Mixed Use Horizontal 2 Page 4 of 8 11-231 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Regular Meeting Minutes December 7, 2023 (MU-H2) and add 64 dwelling units to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to accommodate the Project; Planned Community Development Plan Amendment - An amendment to the Newport Place Planned Community (PC-11) Development Plan (PC Text) to include the project site within the Residential Overlay; Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; Affordable Housing Implementation Plan - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant seeks six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law), and two development concessions related to the mix of affordable units and partial park in -lieu fee payment, 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 Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum) - 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. PC2023-043 recommending the City Council adoption of Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Traffic Study, and Development Agreement, for the Residences at 1400 Bristol Street Project located at 1400 and 1420 North Bristol Street (PA2022-0296). Senior Planner Liz Westmoreland used a presentation to review the project location and description, entitlements requested, dwelling unit count summary, Charter Section 423 Analysis, site plan overview, pedestrian bridge, renderings (Bristol/Spruce intersection), density bonus and affordable housing implementation plan (AHIP), development agreement, CEQA addendum and traffic study, revisions to the conditions of approval, revision to "Exhibit C" of the resolution, recommendation, and next steps. In response to Commissioner Langford's inquiry, Deputy Community Development Director Campbell confirmed the California Department of Housing and Community Development (HCD) has accepted all the units as part of Regional Housing Needs Assessment (RHNA) requirement and they are included in the Housing Element. Page 5 of 8 11-232 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Regular Meeting Minutes December 7, 2023 In response to Secretary Harris' question, Senior Planner Westmoreland stated that the cost of the sewer line improvement is roughly $750,000 and noted different forms of cost sharing. In response to Vice Chair Rosene's questions, Senior Planner Liz Westmoreland noted that other approved projects contribute to the sewer line excess along with this project and 1401 Quail with a cumulative impact over time. Assistant City Manager Jurjis stated that the City identified development agreement fees with three different property owners and will, most likely, use the funds to replace the sewer line. He noted that the City will eventually have to replace the sewer line once all the projects are done. Ex parte communications with the applicant's representative were disclosed by Commissioners Salene, Harris, and Ellmore. Vice Chair Rosene disclosed no ex parte communications. Chair Ellmore opened the public hearing. Greg Nakahira, applicant, thanked City staff for working together and congratulated Deputy Community Development Director Campbell on his retirement. He used a presentation to review the project at 1400 Bristol, project team, and The Picerne Group background. Satish Lion, The Picerne Group, reviewed One Uptown Newport and the project advancements. Corey Bitting, TCA Architects, discussed the design highlights, reviewed the ground level, podium level, and roof deck maps, renderings for Bristol and Spruce, Spruce entry, Bristol entry, and layout and community support and project commitments. Mr. Nakahira noted the support from the community, letters of support, and their commitment to the community. He noted no issues with the revisions to the conditions of approval and stated that the applicant will agree with the conditions of approval. In response to Commissioner Salene's question, Mr. Nakahira noted the different amenities at each property connected by the bridge. In response to Vice Chair Rosene's question, Mr. Nakahira stated that Elevator Two is full size and is dedicated to move -ins and the loading and unloading zone will accommodate lease up and move ins. In response to Secretary Harris' question, Mr. Lion relayed that affordable units are spread throughout the project. Jim Mosher thought the bonus units will count toward the RHNA at market rate, relayed challenges with meeting the RHNA quota for middle, low, and very low-income units, questioned the unlimited waivers of development standards, and expressed concern for lack of sun exposure in the center courtyard, traffic noise relevant to local roadways, and energy neutral standards. Senior Planner Westmoreland noted the condition of approval that addresses noise issues and requires a noise analysis by the applicant, energy analysis is for information only, and project will be subject to Cal Green standards. She clarified that the density bonus law and NBMC allows the applicant to request as many development standard waivers as needed to make the project physically fit. Assistant City Attorney Summerhill noted legal cases that interpreted the development standard waivers very generously and the City has followed those precedents. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the findings seem right on, building is a nice addition, and project will help chip away at the RHNA numbers. Page 6 of 8 11-233 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 VIII IX. Planning Commission Regular Meeting Minutes December 7, 2023 Vice Chair Rosene thought the project is a great addition to the airport area and findings can be made and supported the project. Commissioner Langford applauded The Picerne Group, and everyone involved, liked local investment, and appreciated a well thought out project. Secretary Harris expressed excitement for the project and appreciation for a good operator. Chair Ellmore noted that the airport area will be a different place in the future, the quality of the project is trailblazing, and an interest in the project setting a precedent, and applauded the applicant for bringing forward a thoughtful project. Motion made by Secretary Harris and seconded by Commissioner Salene to approve staff's recommendation with the revisions to the conditions of approval stated by staff. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Chair Ellmore announced Jim Campbell's retirement and recapped his career history with the City, thanked him for his service, and noted his professionalism. Mr. Campbell expressed gratitude and pleasure for his time working for the City of Newport Beach and thanked staff for the opportunity. He noted that the December 14 Planning Commission meeting is canceled, and four items are scheduled for the December 21 meeting. Jim Mosher expressed appreciation for Mr. Campbell's professionalism. Jack Campbell, son to Jim Campbell, relayed pride in his dad's accomplishments. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 6:52 p.m. Page 7 of 8 11-234 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Regular Meeting Minutes December 7, 2023 The amended agenda for the December 7, 2023, Planning Commission meeting was posted on Friday, December 01, 2023, at 3:30 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 Friday, December 01, 2023, at 4:15 p.m. Curtis Ellmore, Chair TVisfa,v, RA.V'VtS Tristan Harris, Secretary Page 8 of 8 11-235 Attachment H Planning Commission Resolution No. PC 2023-043 (no exhibits) 11-236 RESOLUTION NO. PC2023-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, SITE DEVELOPMENT REVIEW, AFFORDABLE HOUSING IMPLEMENTATION PLAN, DEVELOPMENT AGREEMENT, ENVIRONMENTAL IMPACT REPORT ADDENDUM, AND TRAFFIC STUDY FOR THE 1400 BRISTOL STREET RESIDENTIAL PROJECT LOCATED AT 1400 BRISTOL STREET (PA2022-0296) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by The Picerne Group (Applicant), concerning property located at 1400 Bristol Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference (Property). 2. The Applicant is requesting approval for the demolition of two existing office buildings and the development of 229 apartment units, including a 422-space parking structure (Project). The following approvals are requested to implement the Project as proposed: • General Plan Amendment (GPA)-A request to amend the existing General Plan land use designation from General Commercial Office (CO-G) to Mixed Use Horizontal 2 (MU-1-12), and an additional 64 dwelling units above the General Plan allowance. The GPA includes a revision to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to allow 64 residential dwelling units at the Property; • Planned Community Development Plan Amendment (PCDP Amendment)- An amendment to the Newport Place Planned Community (PC-11) Development Plan to include the project site 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; Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant seeks six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and 11-237 Planning Commission Resolution No. PC2023-043 Paae 2 of 42 Government Code Section 65915 (Density Bonus Law). The Applicant also seeks a development concession related to the mix of affordable units 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 the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; • Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. 3. The Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Newport Place Planned Community (PC-11 Newport Place) 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 7, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (Ralph M. Brown Act), and Chapter 15.45 (Development Agreements), 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. 1. 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 11-238 Planning Commission Resolution No. PC2023-043 Paae 3 of 42 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: The project will have one or more significant effects not discussed in the previous EIR; 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 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 Cultural Resources, Utilities and Service Systems, and Wildfire. The Addendum includes analysis of new topics that were 11-239 Planning Commission Resolution No. PC2023-043 Paae 4 of 42 not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and Tribal Cultural Resources section. These additional analyses are appropriate for inclusion in 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 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 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 that 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: The request is to amend the General Plan Land Use designation from General Commercial Office (CO-G) to Mixed -Use Horizontal 2 (MU-H2). The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing 11-240 Planning Commission Resolution No. PC2023-043 Paae 5 of 42 of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. 2. The GPA and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual development of residential multifamily dwellings. Additionally, even with the conversion from CO-G to MU-H2, the building will be compatible with adjacent commercial properties architectural style and pedestrian connectivity. Additional residential development would support commercial properties within the Airport Area. 3. The requested GPA from CO-G to MU-H2 does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. The existing office buildings on -site were built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The proposed change to allow residential uses would increase the City's housing stock including the provision of 23 units that will be affordable to lower incomes. 4. The Property is located in an area of the City that has sufficient utility systems to serve the Project once the Applicant completes a necessary upgrade to an off -site sewer line. As conditioned, applicant will replace the existing 10-inch vitrified clay pipe (VCP) pipe with a 12-inch sewer main, which is located near the intersection of Newport Place and Dove Street. This off -site improvement would result in approximately 435 linear feet of sewer line replacement. No off -site improvements other than typical utility connections are proposed or required as part of the Project (other than the pedestrian bridge that would cross the public right-of-way). 5. The Project is consistent with the following City of Newport Beach General Plan policies that establish fundamental criteria for the formation and implementation of new residential villages in the Airport Business Area (additional policy analysis is included in the EIR Addendum attached hereto as Exhibit "B"): 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 1970's era office buildings with attractive and functional residential development, in line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The Property is not in or near any of the City's areas that feature the harbor, unique topography, or view sheds. The proposed project would introduce residential units to the Property consistent with the uses and urbanized character of the Airport Area and the proposed MU-H2 designation. 11-241 Planning Commission Resolution No. PC2023-043 Paae 6 of 42 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 229 multi -family residential units, including 23 affordable units for very low-income households. The Project responds to market needs and diversifies the City's housing stock by adding additional dwelling units to the Airport Area. c. Land Use Element Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) - Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the 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 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 is 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, however, encouraged on parcels located wholly within the 65 d8A CNEL contour area. 11-242 Planning Commission Resolution No. PC2023-043 Paae 7 of 42 The Project is located at 1400 Bristol Street and approximately 85 feet in height. The Federal Aviation Administration (FAA) conducted an aeronautical study of the Project pursuant to applicable Federal regulations and has determined no hazard to air navigation for the Project. The Project is located within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Noise -Airport Environs Land Use Plan). 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. Considering the dwelling unit sum of the previously approved projects, the remaining and available development allocation within the Airport Area would be 353 dwelling units. With the development of this Project, there would be 264 dwelling units (353-89=264) exclusive of density bonus units and units authorized through a GPA. The Property is developed with existing two-story commercial office buildings totaling 38,764 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential use (office)', and the number of peak hour trips Without a GPA. 11-243 Planning Commission Resolution No. PC2023-043 Paae 8 of 42 generated by cumulative development of the Property shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area is required. This results in a total of 89 dwelling units. The Project includes a request for a GPA to increase the base units by 64 dwelling units, which results in a total base unit count of 153 dwelling units. With a 50% density bonus, a maximum of 230 units could be constructed and a total of 229 dwelling units are proposed. Presently, there are a total of 353 remaining and available dwelling units in the Airport Area. Considering the dwelling unit sum of the previously approved projects and the proposed Project, the remaining development allocation within the Airport Area would be 264 (353-89) dwelling units excluding any density bonus units. f. Land Use Element Policy LU 6.15.6 (Size of Residential Villages). Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required. The Property is 2.38 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 Project includes 23 dwelling units that will be affordable for 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 proposes 153 base units at a density of 64 dwelling units per acre on the 2.38-net-acre site. A waiver from Policy 6.15.7 regarding maximum density has been requested by the Applicant as a part of the Project. The base density does not include the 50% density bonus of 77 units that is allowed by the State Bonus Density law 11-244 Planning Commission Resolution No. PC2023-043 Paae 9 of 42 which includes 23 units set aside for affordable housing. Altogether, the Project has an overall density of 96 dwelling units per acre, which is exclusive of rights -of -ways, public pedestrian ways, and neighborhood parks. The Project is a for rent apartment building with 229 units. There is a mixture of unit types, ranging from studios to two -bedroom units, accommodating a variety of household types and incomes. Of the 229 units, 23 units will be affordable to very low-income households and 206 units will be market -rate housing, which will increase the City's overall housing stock for various household income levels. h. Land Use Policy LU 6.15.8 (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 96 units per acre. The Project provides a mixture of residential unit types that include 23 units of affordable housing to very -low-income households. The proposed density is above the required minimum of 45 units per acre and the Applicant is requesting a development standard waiver allowed by State Density Bonus Law to exceed the maximum density of 50 units per acre. 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. 11-245 Planning Commission Resolution No. PC2023-043 Paae 10 of 42 In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The Project includes a waiver from Land Use Policy LU 6.15.13, as allowed by the policy, due to a 2.38-acre parcel size that is too small to feasibly accommodate a park. 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 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 percent of the parkland dedication requirements. The Project is located on a 2.38-acre site and is not subject to Policy LU 6.15.16, as the policy only applies to properties consisting of eight acres or larger. However, the Project exceeds the 44 square feet per unit minimum by providing approximately 60 square feet per unit (approximately 13,800 square feet) of on -site recreational amenities including a large central courtyard, clubroom, media center, a roof deck, and a lounge area. 11-246 Planning Commission Resolution No. PC2023-043 Paae 11 of 42 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 between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. The Project is a podium style development with two driveways for vehicular circulation to the garage entries, accessed from Spruce Street and Bristol Street. Pedestrian connections are provided to public sidewalks along Spruce Street and Bristol Street. The Project retains the curb -to -curb dimension of both Bristol Street and Spruce Street and will include sidewalk easements to provide 10-foot-wide sidewalks. 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 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 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 Bristol Street frontages to preserve and improve 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 85 feet in height and is compatible with nearby properties as well as the larger pattern of development in the Airport Area, with building mass and scale similar to the nearby existing office developments and the 11-247 Planning Commission Resolution No. PC2023-043 Paae 12 of 42 approved, but not yet construction 78-foot-tall residential apartment building at 1300 Bristol Street. The nearby property at 1451 Quail Street is developed with an approximately 37-foot tall office building. The property located across the street at 1400 Quail Street, is developed with an approximately 30-foot-tall office building. A project is currently being reviewed for an approximately 86-foot-high condominium project at 1401 Quail Street, which is adjacent to the site. The Project includes pedestrian connectivity to public sidewalks along Bristol Street and Spruce Street and pedestrian -scale landscaped areas around the apartment building. Lastly, the Project includes a pedestrian bridge across the Spruce Street right-of-way that would connect to the approved project at 1300 Bristol. The bridge would be connected to and accessible from the second level of both buildings, which would reduce the appearance of bulk and scale from the street level. 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 project site, 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 January 26, 2023. 11-248 Planning Commission Resolution No. PC2023-043 Paae 13 of 42 California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. Charter Section 423 Analysis Finding: 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. Facts in Support of Findings: 1. The Project is the first General Plan Amendment in Statistical Area L1 within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 64 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan (2,200 in -fill units maximum in the Airport Area based on conversion of existing commercial floor area). Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. 2. The 64 additional dwelling units result in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11t" Edition trip rate for the proposed use, as provided in Council Policy A-18. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Greenlight thresholds. Furthermore, since there have been no other applicable projects in the last 10 years, there is no need to analyze the cumulative development of 80% of prior 11-249 Planning Commission Resolution No. PC2023-043 Paae 14 of 42 General Plan amendments from the last 10 years with the proposed project (i.e., cumulative analysis). As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. Planned Community Development Plan Amendment An amendment to the Newport Place Planned Community Development Plan (PC-11), which is the zoning document for the Property, is a legislative act. Neither PC-11, Chapters 20.66 (Amendments), nor 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: The proposed Project allocates 15% of the base units (23 dwelling units) as affordable for very -low-income households. 2. Given the location of subject 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 proposed project at 1400 Bristol Street includes a pedestrian bridge that would extend from the subject site to the approved residential project at 1300 Bristol Street. The Project would be consistent with the anticipated future development of 1300 Bristol Street as well other adjacent properties within the Residential Overlay of PC-11. The proposed pedestrian bridge would support pedestrian connectivity that integrates the Project into the existing community and larger residential development that may occur in the future pursuant to Section F (Amenities and Neighborhood Integration) of the PCDP Amendment. 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 compiles with the development standards identified for the Residential Overlay, except as modified by the allowed development standard waivers identified in the Affordable Housing Implementation Plan. The Residential Overlay provides a density range for proposed projects and references the Section 20.32 (Density Bonus) of the NBMC that prescribes the 11-250 Planning Commission Resolution No. PC2023-043 Paae 15 of 42 maximum density bonus and incentives allowed. Although the PCDP Amendment references a maximum density bonus of 35%, the project requests a 50% density bonus, which is consistent with Section 20.32 (Density Bonus) of the NBMC that allows up to 80% density bonus depending on the percentage of affordable units being provided. Therefore, the proposed project is consistent with the intent of the density bonus assumptions in the Residential Overlay and within the maximum allowed by the density bonus provisions. 5. The PCDP Amendment requires a site development review in accordance with Section 20.52.080 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 153 base units, not including density bonus units. Since the Property is 2.28 acres in size, there is a base density of 67 dwelling units per acre. With the density bonus, there is a total of 229 dwelling units, which results in 96 units per acre. Both the base density and density bonus units are not consistent with the PCDP Amendment density requirement; however, the Applicant is requesting a development standard waiver which is required under California Government Code Section 65915(e) and Section 20.32.080 where application of the development standard would physically preclude construction of a density bonus project. 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. 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 existing two-story commercial office buildings totaling 38,764 square feet. A standardized conversion rate of 2.29 dwelling units per 1,000 square feet of commercial floor area, as provided by the City Traffic Engineer, is required. This results in a total of 89 dwelling units, which is the proposed based density of the Project less the GPA units requested. The Applicant is requesting a GPA to increase the base units for the Project by 64 dwelling units. With a 50% density bonus or 77 dwelling units requested, a total of 229 dwelling units are proposed for the Project. 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 Attachment B (EIR Addendum). Major Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decisions) of the NBMC, the following findings and facts in support of such findings are set forth as follows: 11-251 Planning Commission Resolution No. PC2023-043 Paae 16 of 42 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 PC-11. The Project includes a request to amend Property's land use designation to be included as a part of the Residential Overlay of PC-11. The residential overlay allows for residential development consistent with the requested 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; 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 Facts under General Plan Amendment and 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 Residential Overlay. 2. The proposed six -story residential building would be approximately 85 feet in height inclusive of architectural elements and rooftop mechanical equipment. The architecture would be high -quality and incorporate neutral colors with stone/tile, metal, and glass features. The proposed pedestrian bridge is designed to match the architectural style of the proposed building and the approved, but not yet constructed apartment building at 1300 11-252 Planning Commission Resolution No. PC2023-043 Paae 17 of 42 Bristol Street. The pedestrian bridge includes "see -through" elements that reduce its mass and scale. The Project's building mass including the pedestrian bridge are compatible with the surrounding office developments and anticipated future development. 3. The Project includes a variety of enhanced amenities such as private balconies for most of the units, an outdoor courtyard with pool and spa, a clubroom, a fitness center, roof deck, lounge area, and media room. 4. The Project includes 422 onsite parking spaces located in a gated parking structure. Therefore, upon completion of the Project, there would be adequate onsite parking exceeding the minimum required residential standard pursuant to State Density Bonus Law. The parking is largely screened from public view, with two of the three levels located entirely below grade and landscaping buffers around the first floor parking structure. 5. The Project site 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 Project site. The nearest public view point to the Project site identified in the City's General Plan is approximately 0.5 mile south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately 2,000 feet south of the site. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project. Finding: 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 convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. 2. The proposed residential building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. A Fire Department turnaround area is provided on - site at the rear of the property. Refuse collection is accommodated via an on -site staging area along the private driveway (accessed from Bristol Street) to ensure safe maneuvering by refuse vehicles. As conditioned, the project will also be required to accommodate sufficient queuing for vehicles onsite, so that vehicles waiting to enter the garage will not cause impacts to the Spruce Street right-of-way. 3. The Project site is located approximately 0.45-mile 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 11-253 Planning Commission Resolution No. PC2023-043 Paae 18 of 42 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. 5. As conditioned, the proposed pedestrian bridge shall be required to comply with standards of the Caltrans Highway Design Manual, which includes a minimum vertical clearance above the Spruce Street right-of-way. The final design of the bridge will be subject to City review, which will ensure that the bridge is constructed in a manner that will not obstruct views for motorists, cyclists, or pedestrians in the vicinity. Affordable Housing Implementation Plan The 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: Consistent with the requested 50% density bonus, 23 units (15% of the base units) would be set aside as affordable units to lower income households. Lower income households are defined as households with 80% or less of the area median income, adjusted for family size for minimum term of 55 years for very low-income households. The Project is consistent the provisions of the Residential Overlay of Newport Place Planned Community, which requires a minimum of 15% of base units to be set aside for lower income households. 2. The State Density Bonus Law and the City's Density Bonus Code (NBCM Section 20.32 Density Bonus) provide for an increase in the number of units above General Plan and zoning limits for projects that include a minimum of 15% of the base units affordable to very - low -income households earning 50% or less of area median income. The Project's inclusion of 23 very -low-income units, which is 15% of the base unit count of 153 units makes the Project eligible for 77 additional units. Inclusive of all base units, density bonus units, and affordable units the total project includes 229 units. 3. In addition to the 77 density bonus units and parking reductions, the Project is entitled under California Government Code Section 65915(d), Section 20.32.070, to receive up to three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. The Project includes a development concession for the proposed affordable unit mix that does not meet Section 20.32.070 (Design and Distribution of Affordable Units) of the NBMC. Section 20.32.070 (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 11-254 Planning Commission Resolution No. PC2023-043 Paae 19 of 42 residential development as a whole. In this case, the Project provides a higher percentage of affordable studio units and fewer affordable two -bedroom units compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two - bedroom units and affording additional rental income for the project to ensure financial feasibility. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible. 4. In addition to the density bonus units, parking reductions, and concessions, the Project is entitled under California Government Code Section 65915(e), Section 20.32.080, and recent caselaw to receive waivers or reductions of development standards where application of the development standard would physically preclude construction of a density bonus project. In this case, the following development standards are entitled to waiver: a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 1.97-acre Project site is too small to feasibly accommodate a half -acre park. b. Residential density. General Plan Land Use Policy LU 6.15.7 requires residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would comply at 37 dwelling units per acre. Including the proposed GPA units, conversion units, and density bonus units, the Project would not comply at a density of 96 dwelling units per acre and a waiver is necessary to implement the project. c. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol Street and Spruce Street would substantially decrease the development of the footprint of the Project. The Project is designed with 8-foot setbacks to Spruce Street and 18-foot setbacks to Bristol Street. d. Building height. The Newport Place Planned Community (PC-11) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 229 residential units. The Project is designed with a height of approximately 85 feet from established grade. e. Private open space. NBMC Section 20.18.030 (Residential Zoning Districts General Development Standards) requires a minimum of 5 percent of the gross floor area of each unit to be provided as open space. The Project's studio dwelling units and nine of the two -bedroom units (including 4 units which provide only 2 square feet less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. f. Common open space. NBMC Section 20.18.030 (Residential Zoning Districts General Developments Standards) requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 17,175 square feet (75 11-255 Planning Commission Resolution No. PC2023-043 Paae 20 of 42 square feet per unit x 229 units). The Project as designed provides approximately 13,800 square feet of common open space due to space limitations on the 2.38-acre lot. Traffic Study In accordance with Section 15.40.030 (Traffic Phasing Ordinance- Standards for Approval - Findings -Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. That a traffic study for the project has been prepared in compliance with this chapter and Appendix A (NBMC Chapter 15.401, Fact in Support of Finding: 1. A traffic study, entitled 1400 Bristol Street North Residences Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated June 28, 2023, was prepared for the Project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance and Appendix A). Finding: B. That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection 15.40.030(B) can be made: Construction of the project will be completed within 60 months of project approval in accordance with Section 15.40.030(B)(1) of the NBMC. ii. Additionally, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection in accordance with Section 15.40.030(B)(1)(a) of the NBMC. Facts in Support of Finding: 1. Based on the weight of the evidence in the administrative record, including the Traffic Study, and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a) can be made in that: a. The Project is anticipated to be completed by the end of 2026, well within the 60-month criteria. Therefore, the Traffic Study addresses the entire project development. b. The Traffic Study provides an evaluation of morning and evening peak hours at 13 existing intersections that are located in the City and the adjoining City of Irvine. c. The Project is projected to generate an additional (i.e. net increase of) 624 daily trips, including 26 peak AM trips and 34 peak PM trips. When these trips distributed to these studied intersections, the analysis concludes that there is no significant impact as the 11-256 Planning Commission Resolution No. PC2023-043 Paae 21 of 42 Project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service. Finding: C. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Fact in Support of Finding: 1. No improvements or mitigation are necessary because implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. The applicant will be required to pay any applicable Traffic Fair Share fees for the net increase in vehicles trips, which will be used to fund future planned improvements to the City's circulation system. The Applicant will also be subject to the payment of San Joaquin Hills Transportation Corridor Fees. 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 fifty residential units. In this case the Project has a total of 229 residential units. The proposed development agreement satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC as follows: 1. A development agreement is requested by the Applicant, as the Project would include a total of 229 residential units and a General Plan amendment. The development agreement 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: 11-257 DocuSign Envelope ID: F3F5DDE6-A5A0-44CA-9ACD-A1AC9CA2AF26 Planning Commission Resolution No. PC2023-043 Paae 22 of 42 1. Adopt Environmental Impact Report Addendum to the 2006 General Plan Update (SCH2006011119), as depicted in Exhibit "B" which is attached hereto and incorporated by reference; 2. Approve General Plan Amendment as depicted in Exhibit "C" which is attached hereto and incorporated by reference; 3. Approve Planned Community Development Plan Amendment as depicted in Exhibit "D" which is attached hereto and incorporated by reference; 4. Approve Development Agreement, as depicted in Exhibit "E" which is attached hereto and incorporated by reference; 5. Approve Affordable Housing Implementation Plan, including requested development standard waivers related to park land dedication, building setbacks, building height, density, private open space, common open space, and development concession for the mix of affordable units as depicted in Exhibit "F" which is attached hereto and incorporated by reference; 6. Approve Traffic Study, as depicted in Exhibit "G" which is attached hereto and incorporated by reference; and 7. Approve Major Site Development Review with conditions of approval, as depicted in Exhibit "H" which is attached hereto and incorporated by reference (PA2022-0296). PASSED, APPROVED, AND ADOPTED THIS 7T" DAY OF DECEMBER, 2023. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto BY: Curtis Ellmore, Chairman BY: Tiisfav, RA.v'v'iS Tristan Harris, Secretary Attachment(s): Exhibit A — Legal Description Exhibit B — Addendum to the 2006 General Plan Update (SCH NO. 2006011119) Exhibit C — General Plan Amendment Exhibit D — Planned Community Development Plan Amendment Exhibit E — Development Agreement Exhibit F — Affordable Housing Implementation Plan 11-258 Planning Commission Resolution No. PC2023-043 Paae 23 of 42 Exhibit G — Traffic Study Exhibit H — Conditions of Approval 11-259 Attachment I ALUC and Caltrans Comment Letters 11-260 DocuSign Envelope ID: 1 EAF590A-C39C-4868-9172-7D7F41 DC83C4 AIRPORT LAND USE COMMISSION ORANGE I COUNTY FOR ORANGE COUNTY goal , 'LUG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 March 12, 2024 Liz,Westmoreiand, Senior Planner Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission Determination Regarding 1400 Bristol Street Residences Dear Ms. Westmoreland, We are in receipt of the City of Newport Beach (City) letter dated February 14, 2024, and City. Council Resolution No. 2024-9 notifying the Airport Land Use Commission (ALUC) for Orange County of the City's intent to overrule the ALUC's inconsistency determination on the, proposed 1400 Bristol Street Residences. In accordance with Section 21676 of the Public Utilities Code, the ALUC submits the following comments addressing the proposed overrule findings for the above -referenced project. These comments shall be included in the public record of a final decision to overrule the ALUC. Please. be advised that California Public Utilities Code (PUC) Section 21678 states:,"With, respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant'to'Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background On January 18, 2024, the ALUC for Orange County found the proposed 1400 Bristol Street Residences to be inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) on a 6-0 vote. The inconsistent finding was based on AELUP Sections 2.1.1, 2.1.2, and 3.2.1. Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse effects of aircraft noise to ensure that people and facilities are not concentrated in areas 11-261 DocuSign Envelope ID: 1 EAF590A-C39C-4868-9172-7D7F41 DC83C4 1400 Bristol Street Residences March 12, 2024 Page 2 susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The City's proposed project would place residential uses within the 65 dBA Community Noise Equivalent Levels (CNEL) and Safety Zones 4 and 6, which would result in exposure to significant risks, noise and aircraft overflight, the City's proposed actions are inconsistent with the AELUP. ALUC has the following additional comments regarding the findings and facts of support included in Resolution No. 2024-9. Response to Finding and Fact in Support A - Regarding Noise Standards: Pursuant to AELUP Section 2.1.1, "... aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport. As noted in the City's discussion, the CNEL standards are set forth in the AELUP. As part of the review of the proposed Residences at 1401 Quail Street, it was noted that the project site is within the JWA 65 dBA noise contour. The ALUC believes that the proposed residential uses would be highly affected by airport noise due to the close proximity to the airport and that the past and current land use designation of General Commercial Office (CO-G) is the appropriate designation for this site. Finding of Fact A states that "the project is located within the updated 60 dBA CNEL contour consistent with the approved 6th Cycle Housing Element Implementation Noise -Related Amendments." This "updated 60 dBA CNEL contour" was included as part of the Housing Element Implementation/Noise Related Amendments which was found inconsistent by the ALUC on August 17, 2023 and overruled by the City on November 14, 2023. With the 2023 Noise Amendments, the City replaced the existing noise contours which are currently consistent with the adopted AELUP for JWA, with more narrow noise contours which were included in 2014 Settlement Agreement EIR 617, which did not provide an analysis of the potentially significant impacts of placing future residential uses within the 65 dB CNEL contour. As stated in our December 5, 2023 letter to you, and in the August 17, 2023 ALUC Staff Report for Item 1: Housing Implementation/Noise-Related Amendments, "the AELUP continues to reflect the EIR 508 noise contours for purposes of determining whether a project is consistent with the AEL UP noise policies and provisions. Therefore, for purposes of the AELUP consistency analysis, the City and ALUC are required to utilize the noise contours that are provided in the AELUP. Neither the City nor the AL UC can provide a consistency analysis based on different and updated noise contours unless and until those noise contours have been included in the AELUP. Rather, any submittal must be based on the policies and contours currently in the existing AEL UP. " The proposed Housing Element Implementation - Noise Related Amendments would allow residential uses which are not suitable and would subject the future residents to excessive 11-262 DocuSign Envelope ID: 1 EAF590A-C39C-4868-9172-7D7F41 DC83C4 1400 Bristol Street Residences March 12, 2024 Page 3 noise regardless of which noise contours are utilized. The ALUC has historically found residential uses in the vicinity of JWA to be inconsistent with the AELUP for JWA. Response to Fact in Support B - Regarding SafetyL Pursuant to AELUP Section 2.1.2, "[s]afety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs. 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." The proposed project is located in Safety Zone 6 — Traffic Pattern Zone. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. Flight tracks for the property were included in the ALUC staff report which show a high number of flights over the proposed project site. Considering the proposed density, proximity to JWA and the number of flights over the property, this project is an inappropriate use for the site. Response to Fact in Support C - Regarding "Intent of the AELUP": By virtue of being clearly stated in AEL UP for JWA Sections 1.2 "Purpose and Scope" and 2.0 "Planning Guidelines," the ALUC understands the complex legal charge to protect public airports from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, ALUC proceedings are benefited by several members having expertise in aviation. Based upon careful consideration of all information provided, and input from ALUC members with expertise in aviation, the ALUC unanimously found the proposed 1400 Bristol Street Residences to be inconsistent with the AEL UP for JWA. We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments. Sincerely, DocuSigned by: M.a v At. w-vu 09C77A2D7F2448& Mark Monin Vice -Chairman cc: Airport Land Use Commission for Orange County Jonathan Huff, Caltrans/Division of Aeronautics 11-263 STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor DEPARTMENT OF TRANSPORTATION AERONAUTICS Program- M.S. #40 1 120 N STREET P. O. BOX 942874 SACRAMENTO, CA 94274-0001 PHONE (916) 654-4959 FAX (916) 653-9531 TTY 711 www.dot.ca.gov March 12, 2024 Liz Westmoreland, AICP, Principal Planner City of Newport Beach Community Development Department 100 Civic Center Drive Newport, CA 92660-3267 Dear Ms. Westmoreland: Making Conservation a California Way of Life. Electronically Sent lwestmoreland@newportbeachca.gov The Aeronautics Program (Program) at the California Department of Transportation (Caltrans) appreciates receiving the Notice of Intent dated February 14, 2024, from the City of Newport Beach (City), to overrule a determination of the Orange County Airport Land Use Commission (ALUC). The ALUC has reported that the 1400 Bristol Project (Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The Notice of Intent concerns the City's Resolution (No.) 2024-9 (Resolution), and specific "Facts in Support" related to the AELUP. In advance of a public hearing on the Resolution to consider overruling the ALUC's determination, the Program is providing the following comments pursuant to California Public Utilities Code (PUC) section 21676. The Program strongly recommends that the City modify the Project to address the issues raised by the ALUC. Facts in Support #1 -The Project is consistent with the noise standards of the AELUP. Citing AELUP section 3.2.3 for "residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside" overlooks a key provision of the section that is seen prior to quoting the conclusion of the section that says, "residential uses within the 65- 70 dBA CNEL noise contour are required to be 'indoor - oriented' to preclude noise impingement on outdoor living areas." The provision in between states, "All residential units are inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL." In addition, though the city notes that it intends to require noise attenuation to be addressed during design, the city, as the permitting authority, can, as a provision of final occupancy permit issuance, require the developer to demonstrate interior noise attenuation below 45 dB. As flight tracks demonstrate, it will not be difficult to find a representative time of day to test noise with multiple flights over the project. This will ensure that the end user, be it homeowner or renter, is not left with the arduous task of perusing legal action against all the relevant parties to have their new home rebuilt with proper noise attenuation. Furthermore, though the city intends to require disclosures related to aircraft noise, pollution and odors, again, as a condition of the permit, should require avigation easements that will protect the airport from litigation related to noise, nuisance, and pollution. "Provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" 11-264 Ms. Liz Westmoreland March 12, 2024 Page 3 Facts in Subbort #2 - The or000sed Proiect is consistent with the safety standards of the AELUP. This Fact in Support is deficient for not adequately citing the reference to Safety Zone 6 (Traffic Pattern Zone) of the AELUP. As used in the Notice of Intent, the statement that states, "risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence," is drawn from the AELUP, but it overlooks the AELUP's reference to the 2002 California Airport Land Use Planning Handbook (Handbook; published by the Program). It is Table 9B in the 2002 Handbook that refers to "a low likelihood of accident occurrence." Unfortunately, the AELUP does not account for the current Handbook of 2011. The City also does not account for it. The 2011 Handbook allows for low risk of accidents in the zone for an airport traffic pattern, but it goes further to quantify accident risk (Chapter 4, page 4-25). Owing to a relatively large area, the Handbook indicates 18-29 percent of accidents near a runway could occur in the traffic pattern zone (attributable also to lower and slower flight profiles for less time and altitude to recover from distress). The 2011 Handbook also allows for residential land use in the traffic pattern zone, but with the condition that says, "where ambient noise levels are low." By accounting for this discrepancy, the Program recommends that the City evaluate ambient noise levels in the JWA Safety Zone 6 before taking further action on the proposed ALUC overrule. It would be a prudent means for abiding by PUC section 21670 "to prevent new noise and safety problems." Facts in Support #3 - The proposed Project is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA. Citing the City's intention related to the Project that states, "any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards," contained in Sections 2 and 3 of the AELUP, is appreciated by the Program. Sections 2 and 3 of AELUP provide overall policies for planning and land use around JWA, including certain specific criteria. The points made in this letter concerning specific criteria should be considered for their value to ensure accurate compliance with PUC section 21670. Otherwise, the Program contends that any less effort compromises both the City's declared position in the Notice of Intent and the public's welfare. As noted, the Program strongly recommends that the City modify the Project to address the issues raised by the ALUC, but in the event that the City overrules the ALUC determination of inconsistency, please include these comments in the public record for this agenda item. If you have further questions, or we can assist in any way, please reach out at the phone number or email below. Sincerely, Originally signed by Jonathan Huff Associate Transportation Planner "Provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" 11-265 Ms. Liz Westmoreland March 12, 2024 Page 3 c: Lea U. Choum, Executive Officer, Orange County Airport Land Use Commission; ALUCinfo@ocair.com bc: Lan Zhou, Deputy District Director, District 12; lan.zhou@dot.ca.gov "Provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability" 11-266 Attachment J Fiscal Impact Memorandum dated March 12, 2024 11-267 MEMO TO: Liz Westmoreland, Senior Planner City of Newport Beach FROM: Doug Svensson DATE: March 12, 2024 SUBJECT: Fiscal Analysis for the 1400 Bristol St. North Project INTRODUCTION The fiscal analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost impacts of the proposed project. This model was initially developed in support of the General Plan Update, which was adopted in 2006.1 The model has been updated to reflect Fiscal Year 2023-2024 costs and revenues from the Adopted Newport Beach City Budget. The fiscal impact model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in approximately the same way that existing development does. The model nets out certain costs that are unlikely to change with expansion of City government, such as the number of City Department Directors and Division managers, as well as the City Council and City Clerk expenditures, but otherwise assumes that City administrative support and overhead tends to increase as City government activities grow to provide services to an expanding population and employment base. Over the long term, this is clearly the dynamic that local governments experience. In the short term, development projects may have 1 A technical description of the fiscal impact model may be found in: Applied Development Economics, Fiscal Impact Analysis and Model, Newport Beach General Plan Update, January 2004. 3527 Mt. Diablo Blvd. #248, Lafayette, CA 94549 ■ Tel 925.934.8712 www.adeusa.com 11-268 lower or higher cost impacts depending on the existing capacity of City services to accommodate more development, and the level of expenditure needed to expand services incrementally if existing capacity is not available. PROJECT DESCRIPTION THE PROPOSED PROJECT The proposed project would convert two existing 2-story office buildings, with a total of 38,764 sq. ft., to a 6-story apartment building comprised of 229 residential units, podium level amenity space, a business center and parking. Residential units within the project will include a mix of studios, one - bedroom units, and two -bedroom units ranging from 515 sq. ft. to 1,469 sq. ft. Of the 229 total units, 206 will be market rate units and 23 will be affordable units. SOCIOECONOMIC CHARACTERISTICS In order to calculate the fiscal effects of the proposed changes, it is necessary to estimate certain socio-economic characteristics of the land uses, including population and employment, assessed value, household spending on taxable retail goods in Newport Beach, and direct sales taxes from the existing non-residential uses. Based on 2023 data from the State Department of Finance, the average household size in Newport Beach is 2.17 persons, which would imply the proposed project would have a resident population of 497 persons. The existing office uses are estimated to support 141 jobs based on standard employee density ratios for office space. The assessed value for the proposed project has been derived from analysis of estimated rents for the proposed project and multifamily unit sales in Newport Beach over the past year July 2022 - July 2023. The project sponsor provided bedroom counts and units sizes in square feet for one model of studio and six models each for one -bedroom and two -bedroom units. The average units sizes are 515 sq. ft. for studios, 776 sq. ft. for one -bedroom and 1,250 sq. ft. for two -bedrooms. ADE researched current asking rents for several major apartment complexes in Newport Beach on the Zillow website (Table 1). The average rents for units that are available ranged from $5.54/sq. ft. for studios to $3.87/sq. ft. for two -bedroom units. The project sponsor has indicated that rents for the proposed project would be similar to the One Uptown Newport project, at the upper end of the range, which they also own and operate. These are market rate rents. The rents for affordable units are specified under HUD guidelines for Orange County and range from $1,042 for studios (1-person household) to $1,340 for two bedroom units (combined 3- and 4-person households) (Table 2). In terms of assessed value for the units for property tax purposes, ADE obtained sales records for 198 multi -family and condominium units that sold between July 2022 and July 2023 in Newport Beach. As shown in Table 3, while there is some variation in sales price for condos based on the age of the units, there is no correlation with age for units classified as multi -family units in this sample. Also, there is no correlation based on whether the units are owner occupied or rented. In most market settings, however, we would expect for -sale units to carry a higher value than rental units. Applied Development Economics I Page 2 11-269 SELECTED APARTMENT PRO]ECT/SIZE ASKING RENTS, TABLE 1: AUGUST 2023 STUDIO 1 BDRM 2 BDRM One Uptown Newport - 21 Units Sq. Ft. 515 839 1,147 Monthly Rent $3 039 4,079 5,313 Rent/Sq. Ft $5.90 $4.86 $4.63 Newport North - 18 Units Sq. Ft. 779 1,056 Monthly Rent 3,170 3,756 Rent/Sq. Ft $4.07 $3.56 Colony at Fashion Island - 28 Units Sq.Ft. 1,087 1,395 Monthly Rent $4,480 5,095 Rent/Sq. Ft $4.12 $3.65 Newport Bluffs - 46 Units Sq. Ft. 549 795 1,104 MonthlyRent $3,050 3,429 4,141 Rent/Sq. Ft $5.56 $4.31 $3.75 Park Newport - 51 Units Sq. Ft. 513 745 1,163 MonthlyRent $2 650 3,120 3,951 Rent/Sq. Ft $5.17 $4.19 $3.40 Total Average Rent/Sq. Ft $5.54 $4.38 $3.87 Source: ADE, Inc., based on data obtained from Zillow.com AVERAGE UNIT TYPE UNIT TABLE 2: SIZES AND PROJECTED RENT LEVELS BRISTOL PROJECT MARKET RATE FOR• • . AFFORDABLE 1400 SIZE NO. RENT/ SQ. FT. RENT/ UNIT NO. RENT/ SQ. FT. RENT/ UNIT TOTAL UNITS Studio 515 36 $6.10 $3,143 4 $2.02 $1,042 40 1 Bdrm 776 110 $4.98 $3,864 12 $1.53 $1,191 122 2 Bdrm 1,250 60 $4.20 $5 245 7 $1.07 $1 340 67 206 23 229 Source: ADE, Inc. In order to correlate the anticipated rent levels for the proposed units with the sales data in Table 3, ADE researched recent cap rates in the multi -family real estate market.z Data published by CBRE, Inc. indicate that cap rates for multi -family developments in the Los Angeles market area in 2022 ranged from 4.0% to 4.5%.3 Based on the rent levels estimated for the proposed project in Table 2, the overall average building value of $1,111 per sq. ft. shown in Table 3 would be equivalent to a cap rate z In investment terms, rental projects create a stream of revenue for the building owner and the capitalization ("cap") rate calculates how much an investor would be willing to pay for that income stream. 3 CBRE Research, "Underwriting Assumptions Exceed Pre -Pandemic Levels or Prime Multifamily Assets". January 13, 2023. Applied Development Economics I Page 3 11-270 of about 4.2%, which falls within the reported range. Therefore, for the property tax analysis in this report, we have used an average assessed value for the proposed project market rate units of $1,210 per sq. ft., which equates to an average of $1.1 million per unit. For the affordable units, the value is prorated to $364 per sq. ft. based on the difference in rent levels. Based on these values, the apartment units would have an aggregate assessed value of $235.0 million. AVERAGE SALES SALES IN UNIT CLASSIFICATION TABLE PRICES PER NEwpoRT BEACH, YEAR BUILT 3: • FOR 2022-2023 NO. OF ADDRESSES AVERAGE SALES PRICE PER SQ. FT. Multi -Family 1924-1977 37 $1337 Condominium 1960-1997 140 $981 Condominium 2001-2012 12 $1098 Condominium 2015-2021 9 $1,392 Total Average 1 198 $1,111 Value Assumed for 1400 Bristol Market Rate Units $1 210 Value Assumed for 1400 Bristol Affordable Units $364 Source: ADE, Inc., based on data obtained from CoreLogic, Inc. The analysis also estimates household income for the resident for the purpose of calculating annual sales taxes that may be generated for the City. The project sponsor has indicated that at the One Uptown Newport project, the average household income is $180,000, with a significant number of the residents earning above $200,000 and $300,000. For the affordable units, the allowable household incomes are set by HUD guidelines. The combined spending profile for the project is shown in Table 4. AIDE has analyzed consumer expenditure surveys published by the Bureau of Labor Statistics, and at these income levels, households typically spend less than 30 percent of their income on taxable retail goods, and the percentages decline as income goes up. We have assumed for purposes of these calculations that households would spend two-thirds of their annual retail budget in Newport Beach, and the remaining one-third would be spent at retail centers in other cities or on out-of-town trips. The City receives sales tax at the rate of one percent of taxable sales. FISCAL IMPACTS The analysis, summarized in Table 5 below, estimates the projected fiscal impact of the proposed project as well as the estimated current impact of the existing office use on the site. For the residential project and office buildings, the primary revenue source generated for the City is the property tax. The City receives about 16 percent of the base property tax that property owners pay, but in addition the City gets a share of property tax from the state in lieu of vehicle license fees, which adds about ten percent to the total property tax revenues for Newport Beach. Applied Development Economics I Page 4 11-271 4W�- UNIT TYPE INCOME PERCENT TAXABLE SALES UNITS TOTAL ANNUAL SALES TAX Affordable Units Studio $47,450 27.5% 4 $350 1 Bdrm $54,200 24.6% 12 $1,090 2 Bdrm $64,375 23.5% 7 $689 Market Rate Units Studio $125,720 20.0% 36 $6,065 1 Bdrm $160 000 18.8% 110 $22 129 2 Bdrm $250,000 13.8% 60 $13,938 Total 229 $44,261 Source: ADE, Inc. In addition to the property tax and sales tax, the residents of the proposed project would be expected to generate a variety of other more incidental revenues for the City General Fund, including fees for recreation programs, parking fees and fines, utility franchise fees and other permit revenue. The total General Fund revenue is projected to exceed $567,600 per year. In terms of non -General Fund revenue, the added population will contribute to the City receiving additional Gas Tax revenues from the state for street maintenance. Also, Measure M is a countywide sales tax fund which is used for transportation projects. The added taxable sales purchases made by project residents will add to these funds. The total revenue generated from all sources by the proposed project is estimated at $608,060. The proposed project is estimated to cost the City about $682,600 per year for services. The bulk of these costs are for police and fire protection, but they also include street maintenance and costs for recreation, library, and senior services as well as general government functions. The project site is in an intensely developed urban area of the City and existing service capacities are likely sufficient to provide services to the proposed uses on the site. However, with the more intensive residential uses, it may be expected that there would be some additional calls for service, particularly for public safety and perhaps traffic related incidents, compared to the existing use on the site. It is important to recognize that the fiscal model cost factors are based on citywide averages across all socioeconomic groups in the City. The project sponsors have indicated that their experience at the One Uptown Newport project suggests that these types of units attract a younger demographic, with a median age of 35 years and an average age of 40 years. The median age in the City of Newport Beach is 42.8 years. In general, the City does not have data to indicate how different age groups impact City services, with the exception of emergency medical (EMS) response calls by the Fire Department, where the age of patients is tracked. As may be expected, the data indicate the older segments of the City population generate a higher rate of EMS calls. Based on the anticipate age breakdown for the Applied Development Economics I Page 5 11-272 proposed project provided by the project sponsor, ADE estimates that the project may generate 28 percent fewer EMS calls than the City population as a whole. This has been factored into the Fire Department costs shown in Table 5 below. Overall, the service cost figures by Department in Table 5 are generally below levels equivalent to hiring an additional fulltime staff person, and it is possible that the service impacts would be an incremental increase of service activity for existing personnel. However, based on the assumptions used in the fiscal model analysis, the proposed project may cost the City about $75,500 per year over and above the revenues it generates. TABLE 5: PROJECTED FISCAL IMPACT OF THE PROPOSED PROJECT AT 1400 BRISTOL AND THE EXISTING OFFICE USE Annual Revenues/Costs Budget Category Proposed Project Existing Office Use REVENUES GENERALFUND Property Tax $375,509 $18,940 Property Tax in lieu of Vehicle License Fees $38,499 $1,942 Sales Tax $44,261 $17,507 Transient Occupancy Tax $0 $0 Franchise Fees $4,661 $4,551 Business Licenses $0 $8,165 Other Intergovernmental $6,197 $1,762 Charges for Service $49,551 $14,086 Fines, Penalties, and Forfeitures $10,286 $2,924 Licenses and Permits $1,155 $328 Use of Property $24,542 $6,976 Other Revenue $9,657 $2,745 Interest Income $3 248 $460 SUBTOTAL GENERAL FUND $567 565 $80 386 GAS TAX $24,198 $0 MEASURE M $16 297 $2 249 SUBTOTAL OTHER FUNDS $40,495 $2,249 TOTAL REVENUE EXPENDITURES GENERALFUND $8,875 General Government $46,649 Police $200,183 $40,762 Fire $131,216 $32,844 Public Works $136,072 $38,680 Community Development $9,875 $2,807 Community Services $149,872 $8,875 SUBTOTAL GENERAL FUND $673,868 $123,969 GAS TAX $5,072 $3,439 MEASURE M $3,623 $2,456 SUBTOTAL OTHER FUNDS $8,696 $5,896 TOTAL EXPENDITURES $682,563 $129,865 NET (COST/REVENUE ($74,503) ($47,229) Source: ADE, Inc. Applied Development Economics I Page 6 11-273 The existing office use is also estimated to generate a negative fiscal impact for the City, estimated at about $47,200 per year. This is consistent with the original General Plan Fiscal Analysis for office uses. Office uses have lower assessed values than residential and therefore create less property taxes. The figures in Table 5 are based on the assessed value of the site in 2022 prior to the recent purchase by the proposed project sponsors. At $11.85 million, the assessed value is equivalent to about $306 per sq. ft. for the office space. Office uses also generate much less sales tax than do retail uses, which generate a high positive fiscal benefit for the City. At times, office -based businesses have a point of sale operation that generates sales tax even though it is not a store front retail operation, but most often professional services, financial offices and other businesses that occupy office space do not provide taxable goods or services. Office workers do generate some sales taxes in restaurants and other retail stores. In terms of municipal services, however, the high employee densities in offices increase costs for traffic related services. The post -pandemic trends toward increased remote working may lessen this impact, but it also further reduces market values for office real estate. The proposed rental residential use of the site would generate a negative fiscal impact for the City, higher than the negative fiscal impact of the existing office use of the site. This consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some very high value luxury residential projects have shown a positive fiscal benefit. The 2006 General Plan designated the site for non-residential use, consistent with the office use. Overall, the General Plan increased development potential for commercial and lodging uses substantially, in addition to the new residential units it would permit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year.4 Therefore, the negative fiscal impact of the proposed project is well below the potential upside of other sites designated for non-residential development throughout the City. Lastly, it is important to note the fiscal analysis is intended to provide a high-level overview of the possible fiscal impacts that may result from changing a land use without considering the specific nuances of a project. 4 Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3. Applied Development Economics I Page 7 11-274 Attachment K Applicant's Project Description and Project Plans 11-275 1400 Bristol Street North Project Supplemental Project Description The Piceme Group Inc. ("Applicant"), applicant of the proposed project at 1400 Bristol Street North (the "Property"), hereby submits the following supplemental project description to the City of Newport Beach, Community Development Department. The 1400 Bristol Street North Project is a proposed 6-story apartment building comprised of 229 residential units, podium level amenity space, a business center, and 422 parking spaces within an on -grade parking garage with two subterranean levels (the "Project"). Residential units within the Project will include a mix of studios, one -bedroom units, and two -bedroom units ranging from 515 square feet ("sq. ft.") to 1,469 sq. ft. The Project is located on 2.38 acre site at the corner of Bristol St N. and Spruce Ave. The current use is two, 2-story office buildings consisting of 38,764 sq. ft. and a surface parking lot. The Property is currently zoned Planned Community ("PC") -I I and designated as Industrial Site 3A, and is designated as General Commercial -Office ("CO-G") under the City's General Plan. Applicant proposes a PC Amendment to include the Property in the PC -I I Residential Overlay, and a General Plan Amendment to redesignate the property as Mixed Use Horizontal 2 ("MU- 1­12") and obtain additional density, as described below. Of the 229 total units, 206 will be market rate units and 23 will be affordable units. The Project's base density consists of 153 units (89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4), which are sought via a General Plan Amendment. The Project qualifies for a 50% density bonus (i.e., 77 units, of which 76 units are being utilized) in exchange for providing the necessary level of affordable housing. The 64 additional base units referenced above will not constitute a "major amendment" for purposes of Section 423 of the City's Charter. Under the State Density Bonus Law ("SDBL"),1 the Project is entitled to a 50% density bonus, three (3) concessions/incentives,2 and unlimited waivers from development standards that would physically preclude construction of the Project at the density sought.3 Applicant is requesting the following six (6) development waivers for the Project consistent with Government Code Sec. 65915(e)(1): 1. General Plan Park Dedication Requirement: Pursuant to General Plan Policy LU 16- 15.13, a public park equal to 8 percent of the gross land area of the total development, or a minimum one -half -acre, whichever is greater, shall be provided. This requirement would mandate a one -half -acre park on the 2.38 acre project site. The General Plan allows a waiver of its park dedication requirement where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents. Here, the 2.38 acre Property is too small to feasibly accommodate a half - acre park with the 229 dwelling unit density that the Project proposes. Applicant therefore 1 Gov. Code §§ 65915 et seq. 2 Gov. Code § 65915(d)(2)(C). s Gov. Code § 65915(e). 11-276 requests a waiver of the General Plan Policy LU 16-15.13 public park dedication requirement. 2. PC-11 Development Standards Deviation (30-foot Street Setback): PC-11 development standards require street setbacks of 30 feet from the property line. A 30-foot setback would substantially reduce the Project's development footprint, making it infeasible and impossible to support the proposed 229 dwelling units. Applicant therefore requests a waiver of the PC- 11 30-foot setbacks in favor of the following setbacks: (1) Spruce Avenue — 8 feet to the building; and (2) Bristol Street — 18 feet to the building. Balconies shall be allowed to encroach into the setbacks up to 5 feet. 3. PC 11-Development Standards Deviation (Building Height): PC-11 development standards limit building heights to 55 feet. Given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the Property, imposition of the 55 foot height limit would physically preclude the development of the proposed 229 dwelling units. The proposed building height is 85 feet. 4. Newport Beach Municipal Code Private Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 5% of the gross floor area of each unit to be set aside as private open space with a minimum dimension of 6 feet. The Project's studio dwelling units and 9 two -bedroom units (including 4 units which provide 2 square feet less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. Therefore, Applicant requests a waiver from this private open space requirement since adherence to this development standard would physically preclude the Project as proposed. 5. Newport Beach Municipal Code Common Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 75 square feet/unit (17,175 sf total) to be designated as common open space. The applicant requests a waiver to reduce the 75 square feet/unit (17,175 sf total) requirement to approximately 60 square feet/unit (13,800 sf total, or 3,375 sf less than the City requirement). This waiver is necessary in order to accommodate the project's proposed density given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site. 6. General Plan Land Use Policy 6.15.7: General Plan Land Use Policy 6.15.7 (Overall Density and Housing Type) and Section IV.A.4 of the PC -I I zoning standards prescribe a density range of 30-50 dwelling units per acre ("du/ac"). The Project proposes 153 "base" units on a 2.38 acre parcel, which equates to 64 du/ac. The Project's 153 base units are comprised of 89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4) under the General Plan. The Project qualifies for a 50% density bonus (i.e., 77 units) in exchange for providing the necessary level of affordable housing. To the extent required, Applicant requests a waiver from the maximum base density standards under LU Policy 6.15.7 and Section IV.A.4 of the PC -I I in order to construct the Project at the density sought. In addition, Applicant requests the following concession/incentive under SDBL and Newport Beach Municipal Code Section 20.32.050: allow for a range of affordable unit sizes that does not proportionally reflect the range of unit sizes provided in the project as a whole, as required by Newport Beach Municipal Code Section 20.32.070.A. The range of affordable unit sizes will be reflected in the Project's Affordable Housing Implementation Plan ("AHIP"). Consistent with 11-277 Newport Beach Municipal Code Section 20.32.050, this concession/incentive (1) is necessary in order to make the housing units economically feasible; (2) would not have a specific adverse impact (as defined in Government Code Section 65589.5(d)(2)) upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources; and (3) would not be contrary to State or Federal law. Specifically, by reducing construction costs associated with larger affordable unit sizes and the project's development fees, the requested concession/incentive would result in an actual and identifiable cost reductions for the provision of affordable housing at the Project.4 Applicant reserves the right to request additional waivers and use remaining concessions/incentives to the extent required. a Gov. Code § 65915(k). 11-278 i aE m V � •� F _ .5 IjII ����� 3 G-0.3 PROJECT DESCRIPTION The proposed "1400 Bristol" project is a luxury apartment community located on a 2.38 acre site at the North-West corner of Bristol Street North and Spruce Avenue in Newport Beach, California. The current land use is a 2 story office complex with surface parking. The project will be a 6-story 229-unit podium building, with 5 levels of residential apartment (type III) over 1 level on -grade parking garage and 2 levels of sub-terranean parking (type 1). The project will offer a mix of unit types including Studios, One -Bedrooms, and Two -bedroom units ranging from 515 s.f. to 1469 s.f. Vehicular entries to the building are via driveways on Spruce Avenue and Bristol Street. Ground -level amenities will include a business center, lobby, and mail room. Additional amenities on the podium level include a large, programmed club room with an outdoor "California room" and a media center. The podium level will also have a resort -style pool, spa and outdoor seating and cabanas. The architectural design approach at 1400 Bristol reflects the surrounding office context. Its contemporary forms complement the existing office buildings to create a building that respects the current condition while creating a distinctly unique identity. The Project corners are enhanced with rich materials to bring attention to and articulate the prominent areas of the Project. The approach to the building site orientation was to create a sheltered refuge in the greater business development by enclosing the courtyards from the busy roadways of Spruce Avenue and Bristol Street. The project will connect to the adjacent 1300 Bristol residential project via a new pedestrian bridge. The Project will comply with the Cal -Green building code and utilize the following sustainable features: • Low flow plumbing fixtures • Moisture -based irrigation controller • Stormwater infiltration • EV parking stalls • Low-E glazing • Low VOC paint & coatings • LED light fixtures • Low VOC emitting finished (carpet, resilient flooring, wood) • Building PV ready • Energy Star appliances and bathroom fixtures TPG 1400 BRISTOL N. NEWPORT BEACH, CA T�\ TCA # 2022-144 PICERNEGROUP PROJECT TEAM DEVELOPER: The Picerne Group 5000 Birch St. East Tower, Suite 600 P: 949.910.3428 Newport Beach, CA 92660 www.thepicernegroup.com PICERNEGROUP Contact: Satish Lion slion@picernegroup.com ARCH ITECT- TCA Architects TrA 19782 MacArthur Blvd., Suite 300 P: 949.862.0270 Irvine, CA 92612 P: 760.828.0738 Contact: Cory Bitting www.tca-arch.com A a x . E � , s cbitting@tca-arch.com LANDSCAPE ARCHITECT- Lifescapes International Inc i r[ s c a P r s 4930 Campus Drive P: 949.476.8888 Ext. 217 Newport Beach, CA 92660 P: 949-351-4389 Contact: Mike Meyers www.lifescapesintl.com mike@lifescapesintl.com CIVIL ENGINEER: TAIT & Associates, Inc. 801 N Parkcenter Drive P: 714.560.8643 TA I T Santa Ana, CA 92705 P: 562.547.0705 Contact: David Sloan, PE www.tait.com dsloan@tait.com 3RD ENTITLEMENT SUBMITTAL AUGUST 11.2023 INDEX COVER SHEET GENERAL: G-0.1 PROJECT INDEX G-0.2 PROJECT SUMMARIES G-0.3 PROJECT PERSPECTIVE -VIEW FROM BRISTOL ARCHITECTURE: A-0.1 ARCHITECTURAL SITE PLAN A-1.1 BUILDING PLAN B2 - BASEMENT FLOOR PLAN A-1.2 BUILDING PLAN B1 - BASEMENT FLOOR PLAN A-1.3 BUILDING PLAN LEVEL 1 - GROUND FLOOR PLAN A-1.4 BUILDING PLAN LEVEL - PODIUM FLOOR PLAN A-1.5 BUILDING PLAN LEVEL 3 - FLOOR PLAN A-1.6 BUILDING PLAN LEVEL 4-FLOOR PLAN A-1.7 BUILDING PLAN LEVEL 5 - FLOOR PLAN A-1.8 BUILDING PLAN LEVEL 6-FLOOR PLAN A-1.9 CONCEPTUAL ROOF PLAN A-2.1 WEST ELEVATION A-2.2 NORTH ELEVATION A-2.3 EAST ELEVATION A-2.4 SOUTH ELEVATION A-3.1 BUILDING SECTIONS A-4.1 PEDESTRIAN BRIDGE - SECTION & FLOOR PLAN A-5.1 MATERIALS A-5.2 ALLOWABLE AREAS A-5.3 HEIGHTANALYSIS A-5.4 COMMON OPEN SPACE AND AMENITY AREAS A-5.5 PRIVATE OPEN SPACE EXHIBIT A-5.6 CIRCULATION DIAGRAM LANDSCAPE: L-1.1 COMPOSITE LANDSCAPE PLAN L-1.2 GROUND LEVEL LANDSCAPE PLAN L-1.3 PODIUM LEVEL LANDSCAPE PLAN L-1.4 CHARACTER IMAGES L-1.5 TREE PLANT IMAGERY L-1.6 SHRUB PLANT IMAGERY L-1.7 TREE PLAN L-1.8 HYDROZONE PLAN CIVIL: C1.01 TITLE SHEET C2.01 EXISTING CONDITION C3.01 CONCEPTUAL GRADING PLAN C4.01 CONCEPTUAL UTILITY PLAN C5.01 CONCEPTUAL WQMP PLOT PLAN C6.01 ALTA/NSPS LAND TITLE SURVEY FIRE: F-1 COVER SHEET F-2 OVERALL FIRE MASTER PLAN LAYOUT AT GRADE F-3 LEVEL 2 & LEVEL 6 LAYOUTS F-4 BUILDING ELEVATIONS PROJECT INDEX III1:1:1 h+'l I I PROJECT DATA PROJECT ADDRESS: 1400 BRISTOL ST N. PARCEL NUMBER: 427-332-02 ZONING: PC-11 EXISTING LAND USE: Office, surface parking PROPOSED LAND USE: Multi -story Residential GOVERNING CODES: 2022 CBC, 2022 CRC, 2022 CA Mechanical Code, 2022 CA Plumbing Code, 2022 CA Electrical Code, 2022 CA Energy Code, 2022 CALGreen, City of Newport Beach Municipal Code. Project Does Not Receive Any Public Funding. TYPES OF CONSTRUCTION: Type III -A Residential, Residential Amenities Type I-B Parking Garage NFPA-13 fire sprinkler system throughout. OCCUPANCY CLASSIFICATION: R-2 Residential Units B Leasing A-3 Residential Amenities S-2 Garage (Mechanically Ventilated), Storage SITE AREA: 103,500 SF 2.38 ac BUILDING AREAS: Total Building Area 485,909 SF Garage Area 205,078 SF Net rentable 196,700 SF ALLOWED DENSITY: (PER PC-11) Max Density 50 du/ac 119 units PROPOSED DENSITY: Proposed Density 96 du/ac 229 units BUILDING HEIGHT LIMITATION: (PER PC-11) Height Limit: 55'-0" PROPOSED BUILDING HEIGHT PROPOSED: 85'-0" &STORIES REQUIRED SETBACKS: (PER PC-11) Street: 30'-0" Interior: 10'-01, PROPOSED SETBACKS: Bristol Street: 18'-0" to bldg Spruce Ave: 8'-01, Side yard: 10'-01, Rear yard: 10'-01, Balconies Shall be Allowed to Encroach Into the Bristol St and Spruce Ave setbacks up to 5 Feet. TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 T�k UNIT SUMMARY BUILDING GROSS AREAS NET UNIT TYPE S. Total # Units %of Total Net Unit Mix Rent. AVG. S.F. Req. Balcony S.F. Provitletl Balcony S.F. Total Balcony S.F. STUDIO: S101 515 40 20,600 26 0 SUBTOTAL 40 17.5% 20,600 515 1 BR: A705 613 15 91195 31 62 930 A110 663 29 19,227 34 55 1,595 A406 823 15 12,345 42 68 1,020 A505 715 20 14,300 36 46 920 A602 1 896 29 1 25,984 15,498 45 1 44 65 1 1,885 A710 861 18 134 2,412 SUBTOTAL 126 55.0% 96,549 766 26 B103 1,049 20 20,980 53 63 1,260 B601 1,270 4 51080 64 61 244 B709 1,341 15 20,115 68 92 1,380 B921 A 1,309 10 13,090 66 85 850 B935 1,413 5 7,065 71 58 290 B936 1,469 9 13,221 74 261 2,349 SUBTOTAL 63 27.5% 79,551 1,263 PROJECT TOTAL 1 100.0% 196.700 859 15.135 ' Square footage is taken from centerline of part! walls and outside of exterior walls, excluding decks and balconies. " Deck square footage is an average as most decks will vary slightly in size and is not included in Net Rentable Square Footage PARKING SUMMARY REQUIRED RESIDENTIAL PARKING Unit Type # Units Ratio Total Studio 1-Bedroom 2-Bedrooms 40 126 63 1.0 1.0 1.5 40 126 95 229 261 TOTAL RESIDENTIAL REQ. 1.14 1261 REQUIRED ACCESSIBLE PARKING (PART OF REQUIRED PARKING SPACES) Unit Type # of Stalls Ratio Total Assigned Unassigned 376 0.02 8 46 0.05 3 TOTAL 422 11 1 accessible van stall required for residential parking` REQUIRED EV PARKING Ratio Resident Guest Total EV Capble 0.1 35 5 EV Ready 0.25 87 10.5 EV Chargers 0.05 40 98 21 TOTAL 122 15.5 1 159 3RD ENTITLEMENT SUBMITTAL AUGUST 11.2023 Business Center/MaiODog Spa - Type I(Leve11) 4,867 SF Residential 266,076 SF Garage (Level 1) 65,229 SF Garage (Level B1 & B2) 131.849 SF Amend - T e III Levels 2 & 5 9 888 SF 485,909 SF AMENITY AREAS REQUIRED 44 SF/UNIT x 229 UNITS 10,076 SF PROVIDED Business Center 3,400 SF Mail Room 1,004 SF Club Room 3,282 SF California Room 1,850 SF Media Center 1,469 SF Pool RR/Showers 960 SF Roof Lounge Area 817 SF Roof Deck 1,510 SF Do S a 463 SF TOTAL 14,755 SF COMMON OPEN SPACE REQUIRED 75 SF/UNIT x 229 UNITS 17,175 SF PROVIDED Podium Courtvard 13,800 SF 13,800 SF PROVIDED RESIDENTIAL PARKING Standard ADA EV Charger Guest Guest ADA G EV Charger Total Basement level 2 Basement level 1 Levell 160 131 57 0 5 3 0 17 3 0 0 42 0 0 3 0 0 1 160 153 109 TOTAL 348 8 20 42 3 1 TOTAL RESIDENTIAL1 376 TOTAL GUESTI 46 422 Ratio 1. CODE ANALYSIS GARAGE: CONSTRUCTION TYPE: I-B OCCUPANCY TYPE: S-2 PRIMARY STRUCTURAL FRAME: 2-HOURS BEARING WALLS: 2-HOURS NON -BEARING WALLS: NON -RATED FLOOR CONSTRUCTION: 2-HOURS ROOF CONSTRUCTION: 1-HOUR EXTERIOR WALL AGAINST APT: 2-HOURS APARTMENTS AND RESIDENTIAL AMENITIES CONSTRUCTION TYPE: OCCUPANCY TYPE: PRIMARY STRUCTURAL FRAME: BEARING WALLS (EXTERIOR): BEARING WALLS (INTERIOR): NON -BEARING WALLS (INTERIOR): FLOOR CONSTRUCTION: ROOF CONSTRUCTION: FIRE WALLS: PROJECT SUMMARIES III -A R-2 B (LEASING/AMENITIES) A-3 (CLUB ROOM) 1-HOUR 2-HOURS 1-HOUR NON -RATED 1-HOUR 1-HOUR 3-HOURS G-0.2 PICERNEGROUP STAIR 2 W y ROOF ACCESS Q ^ z I — — — — — — — — — — — — — — — — — — — — — — — — — — STAIR 3 amp — — — — — — — — — — — — — — — — — it I I — � • • • I I VEHICLE TURNAROUND � • • RESIDENT & GUEST , -----T • • \GARAG.'ENT&Y • • 1 I Ili • RESIDENT • I • GARAGE I ENTRY • " i l w aey. 5-STORY APARTMENTS (TYPE -III) • W eae • OVER 1-STORY AT GRADE PARKING GARAGE (TYPE-1) • i > = °eo OVER 2 LEVELS SUB-T PARKING GARAGE (TYPE-1) AIR 1 Q °° • OF ACCESS I W epee • \ \ �oe • I a. co I • • i I Y BU ING SETBACK • � � � I • PODIUM ABOVE, • • TYPICAL I _ � OVERHANG — •!!}!!l t•i•!1•t!i•:i•!•!•�i•!•1 !•lC�.ii•1�fiii•!f}!!!•!iii•T}i•:ifL•!•�!!i•=li1lS}i•�L i�i•��•i•S•����������• s � _ — — — — — — BRISTOL STREET N i TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 3RD ENTITLEMENT SUBMITTAL AUGUST 11, 2023 I T` PICERNEGROUP 0' 20' 40' 80' O SITE PLAN LEGEND •• • •• ACCESSIBLE PATH OF TRAVEL ® PODIUM ABOVE ARCHITECTURAL SITE PLAN 83 Y U Q m STAIR 2 ROOF ACCESS 0 y z I I - - — - - — - - — - - — - — - -STAIR3- - m - - — - - — - - — - - — - - — — - - — - - V NTHILATION 1 _ SHAFT (TO ROOF) I1=ITIII'I III II I' 'I III I'll- 10'-0" I 1=III=III=III=III=III=III=III=III=I u.l I MECHANICAL IT=ITI-ITI-ITI-1il-lil-lil-lil-lil- a ELEV3 III=III=III=III=III=III=III=III=III SPEED MP 4 BIKE STORAGE-ITi=1Ti=ITI=1il=1il=1 l=1il=1il=1 r oe UTILITY STORAGE —I I —III —III —III=III=III—I11=III=11 UP T 61 0 STORAGE —I I— =u 1=ITI=ITI=1 1=ITI=ITI= -III-III=III-III=III=III 15% 7.5% � y =III=I I III -IT 1=1I -1I II o a2'-0'8 \ R R R R R R , R R R R R R R R R R R I _ 4 \ l\ l\ l\ l 1 I \ l\ I\ l\ l\ l\ l \ l\ I \ l\ l\ l\ l\ l\ l\ l\ l\ l\ l\ l\ l I 26--0^ CD 26'.0" v \ S y nRR URR R R R R R R R R R R R R R R R R R R R R I I a a a a a a a a a a a a y CD l I l l l l l l l I l ELEV l l I l l l l l l l I l � R R R R R R R R R R R R ELE ` \ 11 4 w Z 4 I goo" BUILDING SETBACK a a a a a a a k a a a a a a a a k a a a a a a k a a a k a a a a a I UTILI 41 / \ / UTILITY I I ---------- __�__�__-__--=---__�__�__�__�__----- - - - - - - Z BRISTOL STREET N CID TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 T'AO'* va`.1—T= PICERNEGROUP 8 -0" NG SETBACK Lu Z LLI Q LLI tU N� a ACCESS STALL SIZES: 9 9 NG -A LL RCONA W&L,ORISIMIIRCON, THE REQUIREDHALL BE PROVIDED STALL HC VAN HC 'CITY OF NEW PORT BEACH MUNCIPAL CODE CH2OA0 TABLE 3-13 ol ' 40' 80' O BUILDING PLANS LEVEL B2 — BASEMENT FLOOR PLAN KEY LOBBY/ LEASING/AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING BOH Y U Q L1 m o h STAIR 2 ROOF ACCESS z O ----------------0-------------STAIR3----m---- vENTHILATON SHAFT JO ROOF) MECHANICAL a ELEV3 BIKE q SPEED RAMP SPEED MP q UTILITY I DN TO B2 UP T L1 o STORAGE I I STORAGE 7.5% 15% 15% 7.5% y I o I l l 28._0" Sol FE 041 HQ N t EVC\ EVC\ EVC\ I _ \ l\ l\ l\ l\ I \ l\ I\ l\ l\ l\ l \ l\ I \ l\ l\ l\ l\ l\ l \ l\ l\ l\ l\ l\ l I 26'-0" z / ; 26-0" I l I l l l\ l\ I\ l\ I\ l\ M IR R R R R R R R R R R R R R R R R R R R R R R IL I I I1 R R R R R R R R R R R R R R R R R R R R R d 777 LE 2 I 10 =0" j 'L BUILDING SETBACK r J cc I I W - I Vco a W EMERGENCY ELEC. I I ----------------------- --� ---7---------------------- Z BRISTOL STREET N 0 m TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA A"°"1.E`T. PICERNEGROUP UTILITY J NG SETBACK w M Z Lu a Lu U D N ACCESS STALL SIZES: 9 9 -ALL [TI'IA. NG BUSTA WALL, ORISIMILARCTIONJ EREQUIREDHALL BE 9'-0" P P PROVIDED STALL HC VAN HC 'CITY OF NEW PORT BEACH MUNCIPAL CODE CH2OA0 TABLE 3-13 of 20' 40' 80' O BUILDING PLANS LEVEL B1 - BASEMENT FLOOR PLAN KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING BOH A-1.2 I; I.. I� MAINT. I f 4 Io I I I RESIDENT Ll I• GARAGE ' all I I ENTRY "I I I' I' z I h x � I z � I EL ;I 2 I I 101-0.. y Bilk ING SETBACK ELE I I � I L I IL � I I j Z BRISTOL STREET N s s m - - - - - - - - - - ---- TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA `.`.I..`T= PICERNEGROUP I Y j D® II I I_ I I I 3 CAR QUEUING 4L'DING SETBACK Lu Q Lu U STAIR 1 ROOF ACCESS PEDESTRIAN BRIDGE AB STALL SIZES: 9 9 -ALL OR O OBSTRUCTION SPACE ABUST A WALL, ORING SIMI'R OBSTRUCTION, THE REQUIRED L 1 W IOTH SHALL BE 9'-0" P P PROVIDED STALL HC VAN HC 'CITY OF NEW PORT BEACH MUNCIPAL CODE CH2OA0 TABLE 3-13 of 20' 40' 80' O BUILDING PLANS LEVEL 1 - GROUND FLOOR PLAN KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING BOH 86 I� 'I ' W I STAIR 2 ROOF ACCESS 0 I I a ' ------- STAIR m ----- -----------I ------------------------------ I Ed I L_� j I ELEV 6103 S101 S101 B103 S101 ±01Bl03 B935 I B921 A I I � I� I LOW ROOF A505 B709 B709 B709 POOL RR A710 B921 A OPEN TO N 964 SF BELOW w (1-STOR`) m I A505 A710 I S101 a-s• ��� A406 I I A110 A602 POOL ° A602 ; zoss A406 I , I A110 1• ��� 0 0 0 7-2 A505 CALIFORNIA ROOM A406 to 1,850 SF A710 I A110 A505 c > — = 6� F�F� ELEV 1 9 T w CLUBROOM 9` I ELEV 7 A602 A602 w 3,256 SF I 2 m (DBL. VOLUME) MEDIA _ CENTER Bu INGSETBACK B936 1,467SF A110 A105 S101 B103 A105 A105 S101 A110 A110 S101 A110 scLvowME I I ------------------------- ----------------- m W o y BRISTOL STREET N 0 a0 TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA `°`.1-T` PICERNEGROUP D0 8,_0„ BUILDING SETBACK 'II I Z I W �I Q W I STAIR 1 ROOF ACCESS PEDESTRIAN BRIDGE 0' 20' 40' 80' O L- - NOT A PART - KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING ' BOH BUILDING PLANS LEVEL 2 - PODIUM FLOOR PLAN 87 STAIR 2 ROOF ACCESS F-1 0 I I I B103 S101 S101 B103 S101 S101 B103 B921 A I 3 - — - B935 I A505 B709 B709 B709 B601 A710 I A505 I S101 I A110 ` A602 POOL COURTYYARMCow oee eee I A110 _ A505 QFENn�gELQW A110 A505 3 �� T A602 A602 o OPENTB�ELQW ?I U I �I I -----------I I I A710 A602 A710 \, I 10'-0" B OVGSETBACK g936 A110 A105 S101 B103 A105 A105 S101 All A110 5101 A110 I I I I B921 A I A406 I I , A406 I A406 B936 I LDING SETBACK w Z w Q w CU STAIR 1 ROOF ACCESS i ----- — — -L ------------------- -- a m W Z BRISTOL STREET N s m PEDESTRIAN BRIDGE BELOW TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA .`.IT.`T` PICERNEGROUP 0' 20' 40' 80' O - NOT A PART - KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING ■ BOH BUILDING PLANS LEVEL 3 - FLOOR PLAN 88 I i i E L TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 S101 S101 B103 S101 S101 e o y BRISTOL STREET N m 3RD ENTITLEMENT SUBMITTAL T�\ AUGUST 11, 2023 .`.IT.`T` PICERNEGROUP 0' 20' 40' 80' O BUILDING PLANS LEVEL 4 - FLOOR PLAN KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING ■ BOH 89 i a � STAIR 2 ROOF ACCESS STAIR3 � c co --------------------------------- ----------- �1 I I ELEV B103 S101 S101 B103 S101 S101 B103 B935 I B921 A I A505 B709 B709 B709 B601 A710 B921 A I I I I - - A71071-11 I Si B1 8-9„ �� A406 UILDING SETBA( I. Lu I A602 POOL COURT-U&8COW A602 Z ROOFDECK ��' �� A406 LV 1,510 S.F. IF I I Q I I Lu V A505 �� A406 I I e DN A710 LOUNDEAREA a 817 S.F. A505 ELEV STAIR 1 cwn ROOF ACCESS I I \ T A602 ELEV 2 A602 A602 A602 A602 A710 I I I10._0.. j BU ING SETBACK B936 - B936 I Ir I A110 A105 S101 B103 A105 A105 S101 A110 A110 S101 A110 I I TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 — — — — — — — — — — — — — — — ---------------- -------------- —_F1-------------------------- -- U a m Z BRISTOL STREET N m 3RD ENTITLEMENT SUBMITTAL T'AO'* AUGUST 11, 2023 .`.IT.`TPICERNEGROUP 0' 20' 40' 80' O BUILDING PLANS LEVEL 5 - FLOOR PLAN KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING ■ BOH 90 z BRISTOL STREET N 0 J ca C1 TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA .`.IT.`T` PICERNEGROUP 0" SETBA( W Z W Q Lu U a ACCESS 0' 20' 40' 80' O BUILDING PLANS LEVEL 6 - FLOOR PLAN KEY LOBBY/ LEASING / AMENITY ■ RESIDENTIAL VERT. CIRC. PARKING ■ BOH 91 STAIR 2 0 STAIR 3 HATCH ACCESS �------- — — ---------- ----------------- -- -- -- -- --�--� RAISED PLATE HEIGHTS AT VENTILATION ELEVATOR OVERRUN CORNER UNITS, TYPICAL SHAFT I MECHANICAL EQUIPMENT ON PLATFORM TYP I II L= J I� _ - TRASH CHUTE r ___r r_______________ VENTILAT SHAFT - - - - - _ I I I I I I I I 1 �I ,—% LOW ROOF I I �I POOL COU�LY# "EL0W I ROOF -DECK BELOW LOW ROOF LOUNGE ROOF BELOW L I TRASH CHUTE I VENTILATION SHAFT I J LINE OF CORRIDOR BELOW J ELEVATOR OVERRUN _ ®®®®® 00000 ®®®®®------ommos ®®®BI® ___-- ®®®® ®®® RAISED PLATE HEIGHTS AT CORNER UNITS, TYPICAL 0- SETBACK w D Z W Q Lu U I a 11 L_PEDESTRIAN BRIDGE BELOW WCE S 1 i I 101A1 42" HIGH PARAPET MIN. BUI ING SETBACK ABV. FINISHED ROOF AWNING iAWN11 LOW ROOF ------- ----------- --- ------------------------ --�-- ---- - i u Imp o y Z BRISTOL STREET N 0 s m TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA#2022144 . . � . I . . � T . PICERNEGROUP IrA 0' 20' 40' 80' O - NOT A PART - BUILDING PLANS CONCEPTUAL ROOF PLAN ROOF LEGEND STAIR TO ROOF MECHANICAL EQUIPMENT UTILTIY SHAFT TO ROOF 92 2) 1400 BRISTOL PERSPECTIVE TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA#2022144 . . � . I . . � T PICERNEGROUP T'AO'* 0' 16' 32' 64' r � f ! nI___.! M �m N.A.P. 1) 1400 BRISTOL WEST ELEVATION MATERIAL LEGEND: P-1: EXTERIOR PLASTER CS-1: CEMENTITIOUS SIDING S-1: STONE/TILE VENEER SF-1 STORE FRONT A-1: METAL AWNING R-1: METAL RAILING GR-1: GLASS RAILING G-1: GARAGE SCREENS SN-1: PROPOSED SIGN LOCATIONS MP-1: ------------------------------------------ METAL PANEL IL Lu a W d y `------------------ -------------------, 1 1 2 BRISTOL ST. KEY PLAN 1400 BRISTOL WEST ELEVATION 93 t, it TPG 1400 BRISTOL N. NEWPORT BEACH, CA T�\ ___mmwm� TCA # 2022-144 PICERNEGROUP `m Il ■Nlit ■■I■��1 1 1 .1 I 1 2) 1400 BRISTOL PERSPECTIVE 3RD ENTITLEMENT SUBMITTAL AUGUST 11. 2023 0' 20' 40' 80' MINI. mo-..,l 111 shill I --- ■ENNEN �1 111 ■■Il _ 1) 1400 BRISTOL NORTH ELEVATION MATERIAL LEGEND: P-1: EXTERIOR PLASTER CS-1: CEMENTITIOUS SIDING S-1: STONE/TILE VENEER SF-1 STORE FRONT A-1: METAL AWNING R-1: METAL RAILING GR-1: GLASS RAILING G-1: GARAGE SCREENS SN-1: PROPOSED SIGN LOCATIONS MP-1: METAL PANEL 2-1 I Lu Lu 1� o CL y ----------------------------------------- BRISTOL ST. KEY PLAN 1400 BRISTOL NORTH ELEVATIONS 94 TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 2) 1400 BRISTOL PERSPECTIVE 3RD ENTITLEMENT SUBMITTAL IrA ---mmma� AUGUST 11, 2023 °`.'T"" PICERNEGROUP 0' 20' 40' 80' 1)1400 BRISTOL EAST ELEVATION MATERIAL LEGEND: P-1: EXTERIOR PLASTER CS-1: CEMENTITIOUS SIDING S-1: STONE/TILE VENEER SF-1 STORE FRONT A-1: METAL AWNING R-1: METAL RAILING GR-1: GLASS RAILING G-1: GARAGE SCREENS SN-1: PROPOSED SIGN LOCATIONS MP-1: METAL PANEL v ;L2 IL W a W d ----------------------------------------- BRISTOL ST. KEY PLAN 1400 BRISTOL EAST ELEVATIONS 95 I , w R r ®®® 777 ♦f iil 111 1!!! 11 11111 11 I 1! 1 C� 11 11 11 11 i' Il ��III■■Ili 111 1�11 .� 1 dill 11 111 11 !1 11111' 11 1 �■ ��Ii1■�I��- 11� ■■■■ � 1 y:ll 11` 1- ll. - 11 11 11 11 �' 11 �� 110 Its imAmm - 7R' - ..Sw3 2) 1400 BRISTOL PERSPECTIVE TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA#2022144 -.1-T. PICERNEGROUP T'AO'* 0' 20' 40' 80' 1) 1400 BRISTOL SOUTH ELEVATION MATERIAL LEGEND: P-1: EXTERIOR PLASTER CS-1: CEMENTITIOUS SIDING S-1: STONE/TILE VENEER SF-1 STORE FRONT A-1: METAL AWNING R-1: METAL RAILING GR-1: GLASS RAILING G-1: GARAGE SCREENS SN-1: PROPOSED SIGN LOCATIONS MP-1: ------------------------------------------ METAL PANEL I W W y •--- r2 BRISTOL ST. KEY PLAN 1400 BRISTOL SOUTH ELEVATIONS 96 `I UNITS COURTYARD I I I _ I _ PARKING - — PARKING PARKING UNITS I` I 6TH STOR� _ _ H 5TH STORY n V _ I _ } 4TH STOR� AMENITY -�- 3RD STOR� _ I I � 2ND STORY I� � 4 _ 1 ST STOR� 4 BASEMENTNT B" BASEMENTNT B" SECTION A UNITS COURTYARD UNITS Io dl Ia I I — _ _ _ _ _ _ _ _ _ _ — _ _ 6TH STOR� W Q STH STOR� I I W 4TH STORY I� _ _ _ _ _ _ _ _ _ _ — _ 3RD STORY n I 2ND STOR� - I - - - - - - - - - - - - - -PARKING - - - - - - 1ST STOR� PARKING BASEMENTBI n — _ — _ _ _ — — _ _ — PARKING _ — — °' BASEMENTB2 MV I, TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 Mf�\ 3RD ENTITLEMENT SUBMITTAL AUGUST 11, 2023 `°`.1-T` PICERNEGROUP 0' 30' 60' 120' SECTION B B -------------------- L ---------------- A KEY PLAN BUILDING SECTIONS B 97 TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 STAIR 1 A 7.5, RAN m MEDIA CENTER 1,467 SF /nnl %/nl I1R fir% 3RD ENTITLEMENT SUBMITTAL T�\ AUGUST 11, 2023 .`.IT.`T` PICERNEGROUP A -NOT A PART - APPROVED UNDER SEPARATE SUBMITTAL 0' 10, 20' 40' O A) SECTION & FLOOR PLAN PEDESTRIAN BRIDGE SECTION & FLOOR PLAN KEY PLAN A-4.1 A 0 J 0 U F_ z w U U U) 0 J 0 U ry- Q rycl- - ry- F— cn ry- ory- w X w SHERWIN-WILLIAMS SW9148 - SMOKY AZURITE OR SIMILAR. SHERWIN-WILLIAMS SW7069 - IRON ORE OR SIMILAR. SHERWIN-WILLIAMS SW6258 - TRICORN BLACK OR SIMILAR. SHERWIN-WILLIAMS SW7005 - PURE WHITE OR SIMILAR. SHERWIN-WILLIAMS SW6254 - OR SIMILAR. SHERWIN-WILLIAMS SW9148 - SMOKY AZURITE OR SIMILAR. z CD nr LL w cc C) F— c/) U z_ 0 cn 0 F— z w w C) T 1 U SHERWIN-WILLIAMS SW6256 - SERIOUS GRAY OR SIMILAR. MP-1 MAC- METAL ARCHITECTURAL VERSA -TITANIUM BLACK OR SIMILAR OMEGA PRODUCTS - EXTERIOR PLAS- JAMES HARDIE PLANK - SMOOTH HORIZONTAL LAP SIDING TER 20/30 SAND FINISH OR SIMILAR OR SIMILAR TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 TrA .`.IT.`T` PICERNEGROUP Cr w w z w w w w z 0 F— c/) T Cn 1 GR-1 GLASS RAILINGS R-1 METAL RAILINGS A-1 METAL AWNINGS G-1 GARAGE SCREENS EMSER TILE - MILESTONE DUST - 12X24 PORCELAIN TILE OR SIMILAR MATERIALS A-5.1 EGRESS NOTES: CODE ANALYSIS: ALLOWABLE BUILDING AREA: THE PROPOSED BUILDING WILL UTILIZE 2 HORIZONTAL EXITS, EACH EXIT CONSTRUCTION TYPE: TYPE-IIIA(APARTMENTS) EQUATION 5-2 PER CBC 506.2.3: COMPARTMENT WILL CONTAIN 2 EGRESS STAIRS PROVIDING 2 POINTS O/ TYPE -I (PODIUM) AA = [AL + (NS X IF)] X SA, WHERE... OF CONTINUOUS EGRESS TO THE PUBLIC RIGHT OF WAY. ALL EGRESS TRAVEL DISTANCES WILL BE WITHIN THE DISTANCES ALLOWABLE BY OCCUPANCIES: R-2 (APARTMENTS) AA = ALLOWABLE AREA (SQUARE FEET) CODE. S-2 (GARAGE) Ar = TABULAR ALLOWABLE AREA FACTOR PER TABLE 506.2 EXIT ACCESS TRAVEL DISTANCE: 250' B (LEASING, DOG WASH, BIKE SHOP) NS = TABULAR AREA FACTOR PER TABLE 506.2 FOR NON A-3 (AMENITIES) SPRINKLERED BUILDING ADDITIONALLY, EACH EXIT COMPARTMENT PROVIDES 1 STAIR WITH ROOF IF = AREA FACTOR INCREASE DUE TO FRONTAGE PER 506.3 ACCESS. SA = 2 AA = [24,000 S.F. + (24,000 S.F. X 0)] X 2 = 48,000 SF TOTAL ALLOWABLE AREA PER BUILDING=48,000 SF o ;I - I STAIR 2 - - - - - - - - - - - - - - - - - - - - - - STAIR 3 - - - - - - - - - - - - - - - - - - - - - - - � I FIRE AREA 3: I ELEV it LVL 2: 8,884 S.F. I T LVL 3: 8,884 S.F. LVL 4: 8,884 S.F. LVL 5: 8,884 S.F. LVL 6: 8,884 S.F. I TOTAL AREA: 44,420 S.F. I I e I FIRE AREA 2: ,I LVL 2: 9,231 S.F. I ,,- Lu LVL3: 9,231 S.F. ,- LVL 4: 9,231 S.F. I POOL COIIIRTYARO,BELOW Z LVL 5: 9,231 S.F. I 3HR FIRE WALL, TIP. I ; LVL 6: 9,231 S.F. Lu TOTAL AREA: 46,155 S.F. I ,, ,, I I LEY 1 I U) STAIRI I ROOF ACCESS FIRE AREA 1: i eL2v I ' LVL 2: 11,169 S.F. LVL 3: 11,169 S.F. LVL 4: 11,169 S.F. LVL 5: 11,169 S.F. [7F I` I I LVL 6: 11,169 S.F. ' I TOTAL AREA: 55,847 S.F. I J AREA INCREASE FOR FIRE AREA 7 I PERIMETER LENGTH = 506' PERIMETER OF BUILDING WITH FRONTAGE > 30' = 253' (50%) - ---- ----„--------- - --- ----�_-------------------- - - - - - - Iper TABLE 506.3.3=.50 AA --- e - --- ----_-_-_- - - - = [24,000 S.F. + (24,000 S.F. X.5)] X 2 = 72,000 SF I ------------- BRISTOL STREET N TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 T'AO'* `°`.1-T` PICERNEGROUP NOT TO SCALE TYPICAL LEVEL FIRE AREA 4: LVL 2: 11,195 S.F. LVL 3: 11,195 S.F. LVL 4: 11,195 S.F. LVL 5: 11,195 S.F. LVL 6: 11,195 S.F. TOTAL AREA: 55,975 S.F. AREA INCREASE FOR FIRE AREA 4 PERIMETER LENGTH = 527' PERIMETER OF BUILDING WITH FRONTAGE > 30' = 261' (50%) 1 per TABLE 506.3.3 = .50 bA = [24,000 S.F. + (24,000 S.F. X.5)] X 2 = 72,000 SF FIRE AREA 5: 14,132 S.F. LVL 2: LVL 3: 9,383 S.F. LVL 4: 14,132 S.F. LVL 5: 14,132 S.F. LVL 6: 14,132 S.F. TOTAL AREA: 65,911 S.F. AREA INCREASE FOR FIRE AREA 5 PERIMETER LENGTH = 585' PERIMETER OF BUILDING WITH FRONTAGE > 30' = 285' (50%) 1 per TABLE 506.3.3 = .5 bA = [24,000 S.F. + (24,000 S.F. X.5)] X 2 = 72,000 SF ALLOWABLE AREAS A-5.2 $TAIR2 c ror P. ---------------------------- I 1 I 1 1 1 I I I I 1 I 1 1 I 1 t1'. 1 I I 1 I I I 1 I I 50.72' D 3 ACCESS 2.5' P. RAISED PLATE HEIGHTS AT CORNER UNITS, TYPICAL SHAFT V ___' I II MECHANICAL EQUIPMENT ON PLATFORM TYP = sees® ®®® ® sees® ®® L - _ _ _ _VENTITRASH ASH - CHUTE SHAFT TRASH � I � I I ism m I le ■ le a I I iea a I I POOL COTIRTYARO BELOW I I - eel I FLOW ROOF I\ \I e s- j TRASH CHUTE I VENOLATION SHAFT I L L-----J ,I UNE OF CORRIDOR BELOW r ----------------------------------------- s -ELEVATOROVER UN seems smmme moods sees® ■seem seems men emcee seems Bosommemos_ MENEM moods Q®®_____ RAISED PLATE HEIGHTS AT CORNER UNITS, TYPICAL 42' HIGH PARAPET MIN. ABV-FINISHED ROOF —AWNING LOW ROOF AWNING a ESTABLISHED GRADE NBMC 20.30.050 HIGHEST GRADE ELEVATION 54.00' LOWEST GRADE ELEVATION 50.05' SITE SLOPE +/-1.08% ESTABLISHED GRADE CACLULATION: 54.00' + 50.72+ 50.05' + 53.00' = 207.77'/4 = 51.94' ESTABLISHED GRADE TPG 1400 BRISTOL N. NEWPORT BEACH, CA TCA # 2022-144 3RD ENTITLEMENT SUBMITTAL AUGUST 11, 2023 `.`.I..`T= PICERNEGROUP I 1 1 1 1 1 1 1 1 1 I I I I I I, I LV I I � i Z Lu I I A I I` a w I I C) OR OVETUN (L to STAIR 1 II I ROOFAQCE S 132.5'I T.O.P. 1) ELEVATION A --— —————eeee�T.—±135�0' . 369' _ MAXIMUM , Z m � X� NOT TO SCALE 3) ELEVATION C .O.P. ±132.5' 136.94' MAXIMUM ® r1 m t ADJACENT GRADE � ® � +53.0'� ADJACENT GRADE +50.5' t[ 51.94' ESTABLISHED GRADE �~ HEIGHT ANALYSIS 2) ELEVATION B 4) ELEVATION D GRADE GRADE ESTABLISHED GRADE A-5.3 BRISTOL STREET N TPG 1400 BRISTOL N. NEWPORT BEACH, CA T�\ TCA # 2022-144 TAT v � I --------------------------------- �l-- 3RD ENTITLEMENT SUBMITTAL AUGUST 11, 2023 PICERNEGROUP AMENITY AREAS REQUIRED 44 SF/UNIT x 229 UNITS 10,076 SF PROVIDED Business Center 3,400 SF Mail Room 1,004 SF Club Room 3,282 SF Califomia Room 1,850 SF Media Center 1,469 SF Pool RR/Showers 960 SF Roof Lounge Area 817 SF Roof Deck 1,510 SF -Dog Spa 463 SF TOTAL 14,755 SF COMMON OPEN SPACE REQUIRED 75 SF/UNIT x 229 UNITS 17,175 SF PROVIDED Podium Courtyard 13,800 SF TOTAL 13,800 SF I I I I (DBL. VOLUME) 0 o I L- -- - -�, � - - - - - - - - - - - - - - I - ---------------------------- BRISTOL STREET N 01 ° 60' 120' O COMMON OPEN SPACE AND AMENITY AREAS i S101 NET RENTABLE AREA 515 SF REQUIRED BALCONY (5%) 26 SF PROVIDED BALCONY 0 SF STUDIO UNITS A105 NET RENTABLE AREA 613 SF REQUIRED BALCONY (5%) 31 SF PROVIDED BALCONY 62 SF 1 BEDROOM UNITS B103 NET RENTABLE AREA 1,049 SF REQUIRED BALCONY (5%) 52 SF PROVIDED BALCONY 63 SF 2 BEDROOM UNITS A110 A406 NET RENTABLE AREA 663 SF NET RENTABLE AREA 823 SF REQUIRED BALCONY (5%) 33 SF REQUIRED BALCONY (5%) 41 SF PROVIDED BALCONY 62 SF PROVIDED BALCONY 68 SF B601 NET RENTABLE AREA 1,270 SF REQUIRED BALCONY(5%) 63 SF PROVIDED BALCONY 52 SF B709 NET RENTABLE AREA 1,341 SF REQUIRED BALCONY (5%) 67 SF PROVIDED BALCONY 92 SF A505 NET RENTABLE AREA 715 SF REQUIRED BALCONY (5%) 36 SF PROVIDED BALCONY 46 SF TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 TCA # 2022-144 IrA `.`.I..`T= PICERNEGROUP B921 A NET RENTABLE AREA 1,309 SF REQUIRED BALCONY(5%) 65 SF PROVIDED BALCONY 85 SF A602 NET RENTABLE AREA 896 SF REQUIRED BALCONY (5%) 45 SF PROVIDED BALCONY 65 SF B935 NET RENTABLE AREA 1,413 SF REQUIRED BALCONY (5%) 71 SF PROVIDED BALCONY 58 SF PRIVATE OPEN SPACE REQUIRED PRIVATE OPEN SPACE PER NBMC SHALL BE 5% OF UNIT AREA A710 NET RENTABLE AREA 861 SF REQUIRED BALCONY (5%) 43 SF PROVIDED BALCONY 1345F B936 NET RENTABLE AREA 1,469 SF REQUIRED BALCONY (5%) 73 SF PROVIDED BALCONY 261 SF PRIVATE OPEN SPACE A-5.5 BASEMENTI VI o —_ MEN i l�NINI �11�i1�1�ii Oil GUEST PARKING NO USINES6H( RC ol� . 000 y� /• CENTER I� itBUSINESS 4 11 GROUND FLOOR - — — — — — — — > PEDESTRIAN ACCESSIBILITY TRASH PATH RESIDENT VEHICLE ACCESSIBILITY RESIDENT/GUEST VEHICLE ACCESSIBILITY m TRASH BIN INDICATES GATE LOCATION BASEMENT 2 LEGEND TPG 1400 BRISTOL N. 3RD ENTITLEMENT SUBMITTAL NEWPORT BEACH, CA AUGUST 11, 2023 PARKING CIRCULATION DIAGRAM • TCA # 2022-144 T'AO'* I TPICERNEGROUP 04 GROUND LEVEL - SEE SHEET 1-1-22 PODIUM LEVEL - SEE SHEET 1-121� PALMS AND COLUMNAR TREES PROPOSED ALONG FIRE LANE TO PREVENT OBSTRUCTING ACCESS 1-11mr- yr alan i - ALL SHRUBS TO BE MAINTAINED AT A 24" MAXIMUM HEIGHT WITHIN LIMITED USE AREA 1400 BRISTOL N. SITE DEVELOPMENT REVIEW NEWPORT BEACH, CA L L1FESCAPES International Inc aFCM1TECT5August 11, 2023 TCA#2022-144 LANDSCAPE ARCHITECTS PI CERN E G RO U P 0 10 20 40 n SCALE 1 "=20' NORTH LINE OF SIGHT - ALL SHRUBS TO BE MAINTAINED AT A 24" MAXIMUM HEIGHT WITHIN LIMITED USE AREA LEVEL 2 - PEDESTRIAN CONNECTION COMPOSITE LANDSCAPE PLAN ENTRY DRIVE - ENHANCED PAVING MOVE IN / LOADING TRANSFORMERS TO BE SCREENED WITH PLANTING - ENTRY DRIVE - ENHANCED PAVING 1400 BRISTOL N. NEWPORT BEACH, CA L 1 F E S C A P E S TCA#2022-144 International Inc LANDSCAPE ARCHITECTS r ry Mn lnr A -A LOW WATER PLANTING AND GROUNDCOVER SITE DEVELOPMENT REVIEW 0 10 20 40 August 11, 2023 15\ SCALE 1 "=20' NORTH - -- PICERNEGROUP ENTRY DRIVE - ENHANCED PAVING RAISED PLANTERS (TYR) HTS VARY 12" - 18" HIGH PASSENGER DROP-OFF GROUND LEVEL LANDSCAPE PLAN L-1.2 FIRE PIT WITH BENCH SEATING SHADE COVERED LOUNGE AREA SHADE UMBRELLAS SPA DECK CHAISE LOUNGES - 14'X14' SPA - A505 A505 Asoz 5' HIGH POOL BARRIER ACCENT WALL B709 POOL CABANAS 10'X10' SHADE CABANAS B709 - - --- - POI-- -- -� - --------------------------------- U " n POOL DECK CONCRETE POOL DECK GLASS POOL ENCLOSURE CHAISE FURNITURE & UMBRELLAS ENHANCED PLANTING 50'X20' POOL POOL RR � w 964 SF IV w �1-ST C0 A710 I CALI 1A ROOM CLUBROOM LU A602 w 3,rz 56 SF SHADE TRELLIS OUTDOOR CLUB ROOM & LOUNGE AREA 1400 BRISTOL N. SITE DEVELOPMENT REVIEW NEWPORTBEACH, CA L L1 F E S C A P E International Inc aFCM1TECT5August11,2023 TCA#2022-144 LANDSCAPE ARCHITECTS PICERNEGROU P BBO AREA A71 C SHADE TRELLIS RAISED PLANTERS OUTDOOR FUNCTION SPACE A60`e FIRE PLACE W/ LOUNGE SEATING A71 OFF L 0 s 10 20n � PODIUM LEVEL LANDSCAPE PLAN SCALE 1 "=10' NORTH L-1.3 111n.'I 6*0 •i r 40 ;eon - - ft_t, Ills lit . - _•y f �J1n �� J • L -I L-1.4 J h �e y J f. WrIj r �y �t all �it ,per MAGNOLIA GRANDIFLORA METROSIDEROS EXCELSA MICHELIA CHAMPACA OLEA EUROPEA PHOENIX DACTYLIFERA PARKINSONIA X PROSOPIS SPECIES QUERCUS ILEX RHUS LANCEA `LITTLE GEM' NEW ZEALAND CHRISTMAS TREE CHAMPACA OLIVE 'MEDJOOL' `DESERT MUSEUM' MESQUITE TREE HOLLY OAK AFRICAN SUMAC LITTLE GEM SOUTHERN MAGNOLIA MEDJOOL DATE PALM DESERT MUSEUM PALO VERDE Ii' R SCHINUS MOLLE SOPHORA SECUNDIFLORA SYAGRUS ROMANZOFFIANA TECOMA STANS TRISTANIA CONFERTA WASHINGTONIA FILIFERA YUCCA FAXONIANA YUCCA ROSTRATA CALIFORNIA PEPPER TREE TEXAS MOUNTAIN LAUREL QUEEN PALM YELLOW BELLS BRISBANE BOX CALIFORNIA FAN PALM SPANISH DAGGER BEAKED YUCCA 1400 BRISTOL N. SITE DEVELOPMENT REVIEW NEWPORT BEACH, CA §1 L 1 F E S C A P E S aFCM1TECT5 TREE PLANT IMAGERY TCA#2022-144 International Inc"'A August 11, 2023 LANDSCAPE ARCHITECTS P I C E R N E G R O U P 09 ; la ' _ �• ACORUS GRAMINEUS'OGON' AGAVE ANGUSTIFOLIA AGAVE'BLUE GLOW' AGAVE OVATIFOLIA AGAVE PARRYI ALOE SPECIES BELOPERONE GUTTATA CARISSA MACROCARPA CASSAVA SPECIES GOLDEN VARIEGATED CARIBBEAN AGAVE AGAVE WHALE'S TONGUE AGAVE PARRY'S AGAVE ALOE SHRIMP PLANT `GREEN CARPET' CASSAVA SWEET FLAG GREEN CARPET NATAL PLUM FM • y k 'All CISTUS 'LITTLE MISS SUNSHINE' CISTUS 'MICKIE' COPROSMA REPENS CUPHEA AUREA CUPHEA IGNEA CYCAS THOUARSII DASYLIRION WHEELERI DIANELLA'CASSA BLUE' DUDLEYA BRITTONII ROCKROSE ROCKROSE 'MARBLE QUEEN' GOLDEN CUPHEA CIGAR PLANT MADAGASCAR CYCAD SPOON YUCCA BLUE FLAX LILY GIANT CHALK DUDLEYA DWARF VARIEGATED MIRROR PLANT ■ � . z A, . !�;rvtk -<.. GAZANIA GREVILLEA LANIGERA HELICHRYSUM PETIOLARE LANTANA'NEW GOLD' LEUCOPHYLLUM FRUTESCENS LIROPE VARIEGATED LOTUS BERTHELOTII MYOPORUM PARVIFOLIUM NANDINA DOMESTICA'NANA' TREASURE FLOWERS `COASTAL GEM 'LIMELIGHT' NEW GOLD LANTANA TEXAS SAGE VARIEGATED LILY TURF PARROT'S BEAK YAREENA HEAVENLY BAMBOO NANA WOOLLY GREVILLEA LIMELIGHT LICORICE PLANT CREEPING MYOPORUM 1 r ~■ �> ML OLEA'LITTLE OLLE' OPUNTIA BASILARIS PHILODENDRON XANADU PHORMIUM 'YELLOW WAVE' POLYGALA FRUITICOSA PORTULACARIA AFRA'AUREA' PORTULACARIA AFRA SEDUM COPPERTONE SENECIO SERPENS DWARF FRUITLESS OLIVE BEAVERTAIL CACTUS WINTERBORN PHILODENDRON NEW ZEALAND FLAX 'PETITE BUTTERFLY' YELLOW RAINBOW BUSH 'PROSTRATA' COPPERTONE STONECROP BLUE CHALKSTICKS SWEET PEA SHRUB DWARF ELEPHANT FOOD l' W SENECIO SERPENS STENOCEREUS THURBERI TECOMA STANS TRACHELOSPERMUM ASIATICUM YUCCA FILAMENTOSA COAST ROSEMARY ORGAN PIPE CACTUS 'ORANGE JUBILEE' ASIATIC JASMINE 'GOLDEN SWORD' CAPE HONEYSUCKLE ADAM'S NEEDLE BRISTOL N. L 1 F E S C A P E S SITE DEVELOPMENT REVIEW NEWP SHRUB PLANT IMAGERY TCA # 2022-144 L International Inc T BEACH, CA a F C M 1 T E C T 5 August 11, 2023 TCA LANDSCAPE ARCHITECTS PI CERN E G RO U P 10 PLANTING NOTES: ALL PLANTS ARE CAL-IPC NON-INVASIZE AND WUCCOLS MEDIUM/LOW WATER CONSUMPTION (REGION 3- SOUTH COASTAL) VARITIES FOR THEIR PROPOSED GROWING CONDITIONS. THESE PLANTS ARE WATER CONSERVING AND USED FOR THEIR DEEP ROOT SYSTEMS WHICH STABILIZES SOIL AND MINIMIZES EROSION IMPACTS. NO TREES TO BE PLANTED IN THE PUBLIC RIGHT-OF-WAY THIS LEGEND IS TO DEMONSTRATE GENERAL DESIGN INTENT. FINAL PLANTING DESIGN WILL BE ESTABLISHED BASED ON MATERIAL AVAILABILITY AND WATER USE REQUIREMENTS. FINAL PLANTING DESIGN & SPECIES SELECTION WILL BE SHOWN ON PERMIT DRAWINGS. 1400 BRISTOL N. SITE DEVELOPMENT REVIEW NEWPORT BEACH, CA L International Inc L1FESCAPES TCA#2022-144 a F C M 1 T E C T 5 August 11, 2023 LANDSCAPE ARCHITECTS PI CERN E G RO U P BOTANICAL NAME COMMON NAME ACACIA SALICINA WILLOW ACACIA ACACIA PENDULA WEEPING ACACIA ACACIA STENOPHYLLA SHOE -STRING ACACIA ARBUTUS UNEDO MARINA STRAWBERRY TREE PROSOPIS GLANDULOSA HONEY MESQUITE RHUS LANCEA AFRICAN SUMAC WILLOW AGAVE SPECIE AGAVE CACTUS SPECIES CACTUS YUCCA SPECIES YUCCA ALOE BANSEII TREE ALOE ERIOBOTRYA DEFLEXA BRONZE LOQUAT RHAPHIOLEPIS MAJESTIC HAWTHORN BEAUTY TECOMA STANS YELLOW ELDER CASSIA LEPTOPHYLLA GOLD MEDALLION TREE CYCAS THOURII MADAGASGAR CYCAD STRELITZIA SPECIES BIRD OF PARADISE DRACENA DRACO DRAGON TREE CITRUS SPECIES CITRUS MAGNOLIA GRANDIFLORA LITTLE GEM SOUTHERN 'LITTLE GEM' MAGNOLIA SOPHORA SECUNDIFLORA TEXAS MOUNTAIN LAUREL LIRIODENDRON TULIPIFERA TULIP TREE OLEA EUROPEA OLIVE MAGNOLIA SPECIES MAGNOLIA QUERCUS ILEX HOLLY OAK PHOENIX DACTYLIFERA MEDJOOL DATE PALM 'MEDJOOL' RHUS LANCEA AFRICAN SUMAC METROSIDEROS EXCELSUS NEW ZEALAND TEA TREE QUERCUS ILEX HOLLY OAK SYAGRUS ROMANZOFFIANA QUEEN PALM WASHINGTONIA FILIFERA CALIFORNIA FAN PALM YUCCA SPECIES YUCCA ARCHONTOPHOENIX KING PALM ALEXANDREA HOWEA FORSTERIANA KENTIA PALM SYAGRUS ROMANZOFFIANA QUEEN PALM SIZE QTY WUCCOLS 24 14 LOW 24 LOW 24 11 LOW 24 LOW 24 27 LOW 24 7 VERY LOW 24 MEDIUM 24 MEDIUM 24 0 24 24 4 24 24 2 24 32 24 24 34 13 24 24 24 37 24 0 15 BTH TRISTANIA CONFERTA BRISBANE BOX 24 16 to PARKINSONIA X DESERT MUSEUM PALO VERDE 'DESERT MUSEUM' SCHINUS MOLE CALIFORNIA PEPPER TREE BRACHYCHITON SPECIES BOTTLE TREE 24 AGONIS FLEXUOSA WESTERN AUSTRALIAN PEPPERMINT MICHELIA CHAMPACA CHAMPACA TREE PLAN MEDIUM MEDIUM VERY LOW LOW MEDIUM MEDIUM LOW MEDIUM LOW LOW LOW MEDIUM MEDIUM TO LOW MEDIUM MEDIUM TO LOW MEDIUM L-1.7 IRRIGATION HYDROZONES: _HYDRO -ZONE 1 : South West Perimeter - Sub Surface Irrigation - 8,301 S.F. HYDRO -ZONE 2 : North East Perimeter - Sub Surface Irrigation - 6,568 S.F. HYDRO -ZONE 3 : Podium Level Landscape - Sub Surface Irrigation - 3,978 S.F HYDRO -ZONE 4 : Water Features - Pool/Spa - 1,196 S.F. WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS): WUCOLS, Water Use Classification of Landscape Species, is a University of California Cooperative Extension Publication and is a guide to the water needs of landscape plants. CROP FACTOR PERCENT OF ETo H - HIGH 70% - 90% M - MEDIUM 40% - 60% L - LOW 10% - 30% VL - VERY LOW < 10% 1400 BRISTOL N. SITE DEVELOPMENT REVIEW NEWPORT BEACH, CAJL L 1 F E S C A P E 5 a F c M' T E c T 5 August 11, 2023 TCA#2022-144 Al International Inc LANDSCAPE ARCHITECTS P I C E R N E G R O U P 0 10 20 40 SCALE 1 "=20' NORTH WATER CONSERVATION FEATURES The following measures will be incorporated into the project to conserve water: 1. Installation of "smart" irrigation controller with rain -sensor. 2. The use of low precipitation / low angle irrigation spray heads. 3. The use of low water consuming plants. 4. Soil amendment to achieve good soil moisture retention. 5. Mulching to reduce evapotranspiration from the root zone. 6. Installation of automatic irrigation system to provide deep -root watering to trees is required. WATER CONSERVATION STATEMENT Purpose: To provide the maintenance staff a mechanical device to distribute water and ensure plant survival in the most efficient manner and within a time frame that least interferes with the activities of the community. The irrigation system for each hydrozone will be automatic and incorporate low volume drip emitters, bubblers and high efficiency low angle spray heads at turf only. Drip irrigation systems may be employed where considered to be effective and feasible. Irrigation valves shall be separated to allow for the systems operation in response to orientation and exposure. Planting will be designed to enhance the visual character of the site and the architectural elements. Plants shall be grouped with similar water, climatic and soil requirements to conserve water and create a drought responsive landscape. Each hydrozone consists of moderate to low water consuming plants. In areas of moderate water consuming plants they shall be properly amended to retain moisture for healthy growth and to conserve water. Plant material with each hydrozone shall be specified in consideration of north, south, east and west exposures. Soil shall be prepared and amended to provide for maximum moisture retention and percolation. Planted beds shall be mulched to retain soil moisture and reduce evapotranspiration. To avoid wasted water, the controls will be overseen by a flow monitor that will detect any broken sprinkler heads to stop that station's operation, advancing to the next workable station. In the event of pressure supply line breakage, it will completely stop the operation of the system. All material will be nonferrous, with the exception of the brass piping into and out of the backflow units. All work will be in the best acceptable manner in accordance with applicable codes and standards prevailing in the industry. WATER EFFICIENT WQRKSHEET FFAF Qlmktb s Hores. FeWlarL Ae MAmes TWy fTAF 7.75� ` TWU mats MAWA rap�ft Total °.p., 10.6 .average FlAF 0..11 rag, ETV m„ rq.,n ttr W, elt, type. NI Lordaape Areas Ta OAF.Art. M5 Tmel Wee 20.��' Sitewltle EfAF 0.1; HYDROZONE PLAN 12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54. PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. FOR CONVEYANCING PURPOSES ONLY: APN 427-332-02 ASSESSOR'S PARCEL NUMBER COUNTY OF ORANGE: APN: 427-332-02 BASIS OF BEARINGS THE BEARINGS N 40'38'15" E ALONG THE CENTERLINE OF SPRUCE AVENUE PER PARCEL MAP BOOK 54, PAGE 11, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CAUFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY. UNDERGROUND SERVICE ALERT • Call: TOLL FREE 1-800-422-4133 KNOW WHAT'S BELOW. CALL BEFORE YOU DIG. TWO WORKING DAYS BEFORE YOU DIG IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA 1400 BRISTOL ST CONCEPTUAL GRADING PLAN ,SRISTOL ST. I ENGINEER PREPARING THESE PLANS WALL NOT BE RESPONSIBLE FOR UABLEFOR UNAUTHORIZED THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTIUME PIPES AND/OR S / WGES TO 0R USES OF PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE S STRUCTURES S SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF IO 'ROVED ER OF PLANS CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE OF THESECONSTRUCTION ETED AVAILABLE RECORDS. TO THE BEST a OUR KNOWLEDGE, THERE ARE NO AL Y A C i GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO C CONSTRUCTION EXISTING CTUTES EXCEPT AS SHOWN ON THESEOR PLANS CONTRACTOR AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE CONSTRUCTION OTHECA SHALL ASCERTAIN TRUE VERTICAL AND HORIZONTAL LOCATION OF THOSE THESOLE T THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL BE TIE RESPONSIBLE FOR ANY UNDERGROUND UTIUBLI TO BE USED AND SHALL APPLY CONTINUOUSLY AND NOT CONTRACTOR OR UNITED TO NORMAL WOOFING HOURS, AND CONSTRUCTIONFROMANY DAMAGE TO ANY PUBLIC OR PRIVATE SHOWN OR NOT SHOWN O NI AND AL !TI@R AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL HEREON. IF THE CONTRACTION ENCOUNTERS ANY DISCREPANCIES,GRADINGCONFLICTS I ENCOUNTERS A 31UTY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING 31UTY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL. OR AREAS WHICH HE FEELS UNWORKABLE. HE SHALL NOTIFY THE GRADING ENGINEER IMMEDIATELY PRIOR TO CONTINUING OR DEVIATING FROM THIS PLAN. INDEX MAP \ SCALE'. 1"=40' \ QWI=GT INInGv SHEET TITLE SHEEP NUMBER TITLE SHEET C1.01 EXISTING CONDITION C2.01 CONCEPTUAL GRADING PLAN C3.01 CONCEPTUAL UTILITY PLAN PLAN C4.01 CONCEPTUAL WQMP PLOT PLAN C5.01 ALTA/NSPS LAND TITLE SURVEY C6.01 APPLICANT TPG (KCN) ACQUISITION, LUC 5000 BIRCH ST, SUITE 600 NEWPORT BEACH, CA 92660 (949) 267-1529 CIVIL TAIT & ASSCOAITES 701 N. PARKCE14TER DR. SANTA ANA, CA 92705 (714) 560-8200 ARCHITECT TCA ARCHITECTS 19782 MACARTHUR BLVD, SUITE 300 IRVINE, CA 92612 (949) 862-0270 LANDSCAPE ARCHITECT UFESCAPES INTERNATIONAL, INC 4930 CAMPUS DR. NEWPORT BEACH, CA 92660 (949) 476-8888 GEOTECHNICAL ENGINEER KLING CONSULTING GROUP, INC 18008 SKY PARK CIRCLE, SUITE 250 IRVINE, CA 92614 (949) 797-6241 GI nnn NInTC ZONE - "X" PER FEDERAL MANAGEMENT AGENCY MAP NO. 0659C 0286 J EFFECTIVE DATE DECEMBER 3, 2009 ZONE "X" DENOTES AREAS SUBJECT TO MINIMAL FLOODING UTILITY COMPANIES AT&T SOUTHERN CALIFORNIA GAS PHONE: (800) 288-2020 COMPANY UNK: AT&T U-VERSE CENTRAUZED CORRESPONDENCE MONTEREY PARK, CA 91756 CR&R ENVIRONMENTAL SERVICES PHONE: (800) 427-2200 2051 PLACENTIA AVE. COSTA MESA, CA 92627 THE WARNER CABLE PHONE: (949) 625-6735 9260 TOPANGA CANYON BLVD. CHATSWORTH, CA 91311 NEWPORT BEACH CITY UTILITIES PHONE: (800) 892-2253 WATER DEPARTMENT 949 W. 16TH STREET NEWPORT BEACH, CA 92663 PHONE: (949) 644-3011 SOUTHERN CALIFORNIA EDISON P.O. BOX 800 RANCHO CUCAMONGA, CA 91770 PHONE: (800) 655-4555 I ANIn AQJ A 103,500 S.F. t / 2.38 ACRES t Oily or NEWPORT BEACH VICINITY MAP NOT TO SCALE I— U W W W'xZg� O LLJ C/) � a W S �_ o Z) (n 0 3CJiw -j co z Q r rc H m U N ; �1 O z � a NON �..�# 8. N ociz a Q�i uiUuiy 66 K ¢ W ¢ w m m U 0 fL O. C1.01 UNDERGROUND SERVICE ALERT • Call: TOLL FREE 1-800-422-4133 KNOW WHAT'S BELOW. CALL BEFORE YOU DIG. TWO WORKING DAYS BEFORE YOU DIG ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR UABLE FOR AND MUSED THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTIUME PIPES AND/OR S S WGES TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN AND MUST BE STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF IO ESWRITINGA 'ROVED BY THE PREPARER OF THESE PLANS CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE AVAILABLE RECORDS. TO THE BEST a OUR KNONIJNS. THERE ARE NO E, i GENERALLY ACCEPTED CONSTRUCTION PRACR CONSTRUCTION CONTRACTOR KILL BE REQUIRED TO UTUTES EXCEPT AS SHOWN ON THESE PLANS THE CONTRACTOR AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE JOB SITE CO SHALLEXISTING SHALL ASCERTAIN THE TRUE AND HORIZONTAL OF THOSE THESOLE THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT REQUIREMENT SHALL BE MADE T HALLCONSTRUCTIONMAD E USED RESPONSIBLE FOR ANY UNDERGROUND UTU BLI TO BE USED AND SHALL P NSIBLN ATHISND APPLY AND NOT LIMITED TO NORMAL WOOFING HOURS, AND CONSTRUCTION DAMAGE TO O ANY PUBLIC OR PRIVATE SHOWN OR NOT SHOWN NI ANDCONTRACTOR :THEY AGREES TO DEFEND. INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL AGREES DEFEND, HEREON. IF THE CONTRACTOR ENCOUNTERS ANY DISCREPANCIES, I ENCOUNTERS A 31UTY, REAL OR ALLEGED, IN 1NOF THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING GRADING OR AREAS WHICH HE FEELS UNWORKABLE. HE SHALL GRADING THEFROM E NEGUTON 31UTY ARISING FROM THE SOLE NEC{1GENCE OF DESIGN PROFESSIONAL. DEVIATING ENGINEER IMMEDIATELY PRIOR TO CONTINUING OR DEMATNC FROM THIS PLAN. 0 30 40 ( IN FEET ) 1 INCH =20 FEET LEGEND - —33— — - EXISTING CONTOURS 33 PROPOSED CONTOURS CENTERLINE RIGHT OF WAY — — PROPERTY LINE CITY EASEMENT LINE PROPOSED CURB EXISTING CURB R RIDGE LINE/ GRADE BREAK TW PROPOSED FIRE WATER LINE SS PROPOSED SANITARY SEWER w PROPOSED WATER PROPOSED STORM DRAIN SS EXISTING SANITARY SEWER EXISTING STORM DRAIN W EXISTING WATER WM WATER METER FF FINISH FLOOR GFF GARAGE FINISH FLOOR CL CENTER LINE R PROPERTY LINE R/W RIGHT-OF-WAY PA PLANTED AREA PP POWER POLE FS FINISHED SURFACE TC TOP OF CURB TG TOP OF GRATE SS SANITARY SEWER SO STORM DRAIN DW DOMESTIC WATER RW RECLAIMED WATER DCDA DOUBLE CHECK DETECTOR ASSEMBLY FH FIRE HYRANT ST STREET LIGHT EV ELECTRIC VEHICLE CAV CLEAN AIR VEHICLE (E) EXISTING (P) PROPOSED `(Y EXISTING FIRE HYDRANT H U Z w J 0 I U O g N 0 U) F H ¢ Z J�t4 O o0z) z U) r rc 5�o mo co m U N 3 W O: NON .. iz68. v N ocia Q�i uiUuiy 66 K ¢ W ¢ w ¢ � . U O K O. C2.01 I PE T IJ PA PA SECTION A -A NTS R/W SPRUCE AVE. BRISTOLST. R/W 11.69' I PASSENGER BIKE PROP SIDEWALK I LOADING LANE 3.6' 5' RETAINING SLOTTED PROP. S/W CURB W RAILING / EASEMENT NG PROP. BUILDING PROP. BUILDING WALL WALL GRADE FL TO INLET SECTION B-B SECTION C-C NTS NTS 4 2" D -8"W 16' W 16"W 18• 3 3 LEGEND EXISTING CONTOURS WM WATER METER XISTIN OX TC TELECOM BE 33 PROPOSED CONTOURS FT FINISH FLOOR GFF GARAGE FINISH FLOOR ROTE TED IN F A — CENTERLINE rE CENTER LINE �1 I I R�Q9 ARKWAY CU VER — — — RIGHT OF WAY R PROPERTY UNE i I KK C STD. I WG. 309 — — PROPERTY LINE R/W RIGHT-OF-WAY t)EG I ,(49.87)TC — — r CITY EASEMENT LINE PA PLANTED AREA I (49.20)FL PROPOSED CURB PP POWER POLE PROP PUMP _ EXISTING CURB FS FINISHED SURFACE 47.30 NV IN(N) R RIDGE LINE/ GRADE BREAK TC TOP OF CURB 49.50 NV OUT() TOP OF GRATE S. FW PROPOSED FIRE WATER LINETG SS SANITARY SEWER Ss PROPOSED SANITARY SEWER SO STORM DRAIN _ EXISIIN TELEC M DW DOMESTIC WATER 1 MANHOIE i TO BE W PROPOSED WATER RW RECLAIMED WATER PROTECTED IN F A PROPOSED STORM DRAIN FH FIRE BYRANT 0 51.44TC/ SS EXISTING SANITARY SEWER ST STREET LIGHT \ 50I94FS _ = _ _ _ _ = EXISTING STORM DRAIN S/W SIDEWALK EV ELECTRIC VEHICLE a uV EXISTING WATER CAV CLEAN AIR VEHICLE ROP. DRI BNB STD. WG. WAY 161 P R (E) EXISTING \5• (P) PROPOSED `(Y EXISTING FIRE HYDRANT (50.80)TC DCDA DOUBLE CHECK Isn rdcl w DETECTOR ASSEMBLY BRISTOL ST. I PROP. S/W 2 W �. ' PROP. BIORETENTION BASIN PRO (SEE SHEET C5.01) EX. C&G ESMT. PROP. BUILDING WALL SECTION D-D NTS CONCEPTUAL GRADING NOTES 1. DRIVEWAY CONFIGURATION: DRIVEWAYS ARE PROPOSED PER CITY STD. 161 WITH 15' RADIUS ON SPRUCE AVE. BRISTOL DRIVEWAY HAS BEEN CONSTRUCTED AT A 20' RADIUS AND 25' WIDE RADIUS 2. DRAINAGE &WATER QUALITY IMPROVEMENTS: FOR FURTHER DETAILS AND o w NOTES ON DRAINAGE IMPROVEMENTS SEE SHEET C5.01. SITE GRADING AND v a DRAINAGE HAS BEEN STRUCTURED TO MATCH EXISTING DRAINAGE CONDITIONS m u 8 WITH ALL RUNOFF BEING DISCHARGED AT GRADE. E d 3. LINE OF SIGHT: LINE OF SIGHT TRIANGLES HAVE BEEN DRAFTED PER CNB STD d ¢ 105 WITH ADDITIONAL COORDINATION AND CONFIRMATION WITH CITY STAFF FOR SITE SPECIFIC CONDITIONS. ASSUMPTIONS ARE AS FOLLOWS: ,., a 3.1. BRISTOL STREET: ASSUMES PRIMARY STREET FOR DISTANCES. AS THERE ARE NO SOUTHBOUND LANES, LEFT TURN MOVEMENT UNES HAVE BEEN OMITTED. 3.2. SPRUCE AVENUE: ASSUMES SECONDARY STREET. DUE TO THE FACT THAT r EASTBOUND LANES ORIGINATE AT BRISTOL (NO THRU TRAFFIC) AND ALL ENTERING TRAFFIC WILL BE AT REDUCED SPEEDS, LINE OF SIGHT TRANGLES HAVE BEEN LIMITED TO ORIGINATE AT THE CROSSWALK PER COORDINATION WITH CITY STAFF r 0 30 40 ( IN FEET ) 1 INCH =20 FEET Z Q f— U CL LLJ J Z U 0 g A- Q (n F H ¢ of J ¢ i o z) 3 Q D C.) rc of :� o CL m U N 3 LLI p Y Z C7 O NON n N oc�i 3!w^y o z ¢ ¢ w ¢ � . U O fL O. C3.01 F --- 5 I PROP, FIRE HYDRANT I c I I I I D L I INI I I I I I I I E P/L I F I G I I z a PROP. 6" FIRE MAIN L=262.2 LF 11 P ^ 12 13 10 1 16 1] 18 19 0 -- R/W I FLOOR ABOVE PROP. IRRIGATION BACKFLOW SS POC DW POC G PROP.15-STORY BLDG. PROP. 6° DOMESTIC WATER METER AND BAGNB PER W/SUBTERRANEAN PARKING STE.OW DWGS.ASSEMBLY CNB STD. DWGS. 519-8 CONNECT TO EX. 6" ACP STUB .771NV _ P " VCP L=5.8'; 8' ELECTRICA EASEMENT TO BE QUITCLAI EO I PRO . 8" VCP SEWER L=92.1 ; S=0.02 PROP. FDIC& PIV FW POC BLDG. FIRE RISER PROP. 6" FIRE SERVICE FLOOR ABOVE SS POC PROP. 8" VCP SEWER L=235.7 LF ----�,- -- --_ -_ - ---�- -- - --Z - --__-- -- - -1 "W _A W 16"W �554YDRA6 �16"W R/W 16"W 16"W 16' W 16"W 18' W F PROP. DCDA TO REMAIN N CONNECT TO EX. BRISTOL ST. EX. 16" ACP WATER MAIN a w 6" ACP STUB UNDERGROUND SERVICE ALERT UNAUTHORIZED CHANGES & USES: ENGINEERS NOTE TO CONTRACTOR: • THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTIUTIES PIPES. AND/OR Call: TOLL FREE CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO TIE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. TO THE BEST OF OUR KNOWLEDGE, THERE ARE NO WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO EXISTING UTIUTIES EXCEPT AS SHOWN ON THESE PLANS THE CONTRACTOR 1-800-422-41 33 ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION SHALL ASCERTAIN THE TRUE VERTICAL AND HORIZONTAL LOCATION OF THOSE KNOW WHAT'S BELOW. CALL BEFORE YOU DIG. TWO WORKING DAYS BEFORE YOU DIG OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORMING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIAS UTY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING UABIUTY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL. UNDERGROUND UTILITIES TO BE USED AND SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY PUBUC OR PRIVATE UTUTES. SHOWN OR NOT SHOWN HEREON. IF THE CONTRACTOR ENCOUNTERS ANY DISCREPANCIES, CONFUCTS OR AREAS WHICH HE FEELS UNWORKABLE. HE SHALL NOTIFY THE GRADING ENGINEER IMMEDIATELY PRIOR TO CONTINUING OR DEVIATING FROM THIS PLAN. LEGEND m --33--- EXISTING CONTOURS WM WATER METER 33 PROPOSED CONTOURS FF FINISH FLOOR 3 CENTERLINE GFF rp GARAGE FINISH FLOOR CENTER LINE — — — RIGHT OF WAY R PROPERTY LINE — — — — PROPERTY LINE CITY EASEMENT LINE R/W PA RIGHT-OF-WAY PLANTED AREA N ZIT Q "1% PROPOSED CURB PP POWER POLE O Ln I1 8° VCP SEWER R EXISTING CURB RIDGE LINE/ GRADE BREAK PROPOSED FIRE WATER LINE FS TC TG SS FINISHED SURFACE TOP OF CURB TOP OF GRATE SANITARY SEWER zz a K (S=0.004) S& PROPOSED SANITARY SEWER SD STORM DRAIN o DW DOMESTIC WATER w PROPOSED WATER RW RECLAIMED WATER 3 PROPOSED STORM DRAIN DCDA DOUBLE CHECK DETECTOR ASSEMBLY \ SS EXISTING SANITARY SEWER EXISTING STORM DRAIN FH ST FIRE HYRANT STREET LIGHT _ 3 Q W EXISTING WATER EV CAV ELECTRIC VEHICLE CLEAN AIR VEHICLE G w — — — — — LIMIT OF WORK �E) EXISTIPROPNG ED U PROPOSED LANDSCAPE `O' EXISTING FIRE HYDRANT v ® PROPOSED FIRE HYDRANT WATER VALVE ^ PROPOSED STORM DRAIN MANHOLE 3 VJ PROP. IRRIGATION METER - alo B CONNECT TO EX, 16" ACP MAIN �xw- WATER SERVICE TO BE FOR PROPOSED AO STIC WATER LINE v n g E o I m U o °c N H w E . 8" VQP SEWER (6_0. 4 o d <o m o Ei N i 2 SS s a 2"G EX. SEWER MH ROP. SMH - 44.581NV-IN (44.48)INV-OUT (44,1±INV-OUT) EX. 8" VCP SEWER ` $ N I (5=0.004) r 16' ACP WATER MAIN rEX. L s EX. FIRE HYDRANT TO REMAI N �\ 0- w J z"c zg� ® ® ew ew ~ J . U Z U r 30 40 W �Oa m O 1 ( IN FEET) U Zp o 1 INCH .20 FEET a N ociz a uiUuim uj K ¢ W ¢ w O0 C4.01 -irj.IL 7mo � Immil • am..711��wiMINNrw v..�r'at I I� r- r r �� T � a�:La', 7,ww,w��w,wwi'7 'IN �II��IfAlf�l'� M Im- 1 l_— �'� "=1■��■��:w111A1�:�� � "=FI�I �I�ii� �SJ1'L1�7f' JL 'IYl�iil.'.. —] IL .����'r\' .r�'.��i���J�a IL 7\�'Y"i.Ji'YY'"i�JLr'i7r�'•i Il�iu I I 7��:nr7_axu � = —�•7 ■'7�1 �w� 7�wwt' 7w�w*f�„wwa?',��wwt' 7 �wRr1..�1r� 7L+ I�✓:ux� rww��7 � rl� �'i r ■ ■: - - ■ ■li ■r rN■ �i ■". 7�!ME Mor 1 1VO7 ®r ml N I1 ��I 1� I ImIm_�`I' JI■ i a'I,^%' 11 \fit _ 1.1.'—y .il.ai �a / /• 1 / 0001 Is.� 1 - - I's © �Y'iL �� --jif _ �_ �y .may __ -_ -� --I.m _:J:��IYl.ai�ai� low �JMI MMMMMMMMMM Imo. T�1401MM ' - - dhl® IIQI■ rlGli® AM i"W 1 'W 16"W 1 "W 16"W 16"W 16"W 16"W 16"W 16"W 16"W 16"W 16"W i6"W 16'W 16"W CONNECT TO CATCH BASIN BRISTOL ST. CONCEPTUAL DRAINAGE NOTES: 1. BASIN CONFIGURATION: BASIN CONFIGURATION DEPICTED ON CONCEPTUAL GRADING PLANS ARE SCHEMATIC AND INTENDED TO DEPICT THE EXTENT OF THE BASINS REQUIRED. ULTIMATE CONFIGURATION WILL BE COORDINATED WITH FINAL LANDSCAPE IMPROVEMENT PLANS TO ALLOW TREE AND SITE AMENITY CONSTRUCTION 2. WATER QUALITY (LOW? FLOWS TO BE PUMPED: SITE GRADING AND DRAINAGE HAS BEEN DESIGNED TO TREAT THE FULL DESIGN CAPTURE VOLUME WITHIN THE NOTED 810-BASIN AND MODULAR WETLANDS UNITS. POST FILTRATION (LOW) FLOWS FROM THE SUB -DRAINS WILL BE DIRECTED TO A STORM DRAIN SUMP PUMP THAT WILL DISCHARGE THE FILTERED RUNOFF TO THE SPRUCE AVENUE CURB FACE. 3 EXISTING CATCH BASIN:EXISTING CATCH BASIN ON BRISTOL STREET WILL BE REMOVED AND REPLACED WITH A TOTAL OF TWO CATCH BASINS LOCATED ON EACH SIDE FOR THE PROPOSED DRIVEWAY. CATCH BASINS WILL BE SIZED FOR EQUIVALENT CAPTURE OF THE EXISTING CATCH BASIN 3. PEAK FLOW DISCHARGE: PEAK FLOW DISCHARGE WILL OCCUR, AT GRADE, TO THE CURB AND GUTTER ON SPRUCE AVENUE. PEAK FLOW DISCHARGE WILL ALSO DISCHARGE TO A PROPOSED CATCH BASIN LOCATED ON BRISTOL STREET TO MATCH THE EXISTING TRIBUTARY AREAS OF THE SITE. ENGINEERS NOTE TO CONTRACTOR: UNDERGROUND SERVICE ALERT UNAUTHORIZED CHANGES & USES: • THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR UABLE FOR, UNAUTHORIZED THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UIIUTIES PIPES. AND/OR r Call: TOLL FREE CHANCiS TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE STRUCTURES SHOWN ON THESE PLANS W1lRE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. TO THE BEST OF OUR KNONIJ DGE, THERE ARE NO WITH C-ENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOWILLBEREQUIRED TO EXISTING UNUNES EXCEPT AS SHOWN ON THESE PLANS THE CONTRACTOR 1-800-422-4133 ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING 1HR E COURSE OF CONSTRUCTION SHALL ASCERTAIN THE TRUE VERTICAL AND HORIZONTAL LOCATION OF THOSE KNOW WHAT'S BELOW. CALL BEFORE YOU DIG. TWO WORKING DAYS BEFORE YOU DIG OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL BE MADE 10 APPLY CONTINUOUSLY AND NOT BE UNITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES 70 DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL UABIUTY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING UABIUTY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL. UNDERGROUND UNUTES TO BE USED AND SHALL BE RESPONSIBLE FOR ANY DAMACE TO ANY PUBUC OR PRIVATE UNUNES, SHOWN OR NOT SHOWN HEREON. IF THE CONTRACTOR ENCOUNTERS ANY DISCREPANCIES, CONNC75 OR AREAS WHICH HE FEELS UNWORKABLE. HE SHALL NOTIFY THE GRADING ENGINEER IMMEDIATELY PRIOR TO CONTINUING OR DEVIATING FROM THIS PLAN. LEGEND — - - — PROPERTY LINE 3 1°BIO-7 \ PROPOSED BIOFILTRATION PLANTER PROP. MWS 4'XB' NI PROPOSED MODULAR WETLANDS UNIT R AREA I W U ND L.L I 2"G X DRAINAGE STORM DRAIN SIGNAGE DETAIL GUIDANCE - DOWNSPOUT WIDTH PER PLAN 3:1 MAX SLOPE z TOP OF a BASIN - 24"-30" ENGINEERED MEDIANTH MIN MIN. 8 IN/HR � PERCOLATION RATE AND 3011 % / VOIBIOTREATMENDED PER FACT BUILDING WALL I BLOCK 3" NON-FLOATADLE SHREDDED AGED HARDWOOD MULCH LAYER ?BOTTOM AND SIDES OF BASIN TO BE LINED WITH IMPERMEABLE LINER, 20 MIL MIN —GEOIEXTILE FILTER FABRIC AT BOTTOM OF BID -FILTER MEDIA 12" MIN. CLEAN WASHED r ROCK 6" PERFORATED PIPE WRAPPED IN f GEOTE%TILE FILTER FABRIC PER NATIVE SOIL SPPWC STD. N0. XX%. INVERT=BOTTOM OF INVERT ELEVATION PER PLAN. BASIN PER PLAN (PERFORATIONS ON BOTTOM) WATER QUALITY BASIN TYPE TUTS 8"W 0 20' 40' - - SCALE: 1" = 20' s11EsvKcK:.oaTa ml 1.• ow ' .n .wwr ry c w•wx••.= I � aAKxr i.e + crm,x i nwnn� a..' �'r•r I_J•_�I r� � WANViiW b;��•• mcv Af•AY' av� AM lEP7�� IY Mr,K mr �: lu•arrna aor roA Aofy lerww IAnlau'rbi mwn m .m r°""rwi' x�siem'v'"mxe � � --- +u>. ax•In "tea � a�unrroNulav' Ixwx[�t[ NAY(He�o�.atY. e•A�il rtm � m /•�PSIIIAS YIffi '�� Ja 6FNEIfAL NOTES Irowc lm,I�+' ✓•�/. �.'o`+�x'1 MWS-L-4- "e..xr"� w�x.�er�arrslreeNns�z wr. �r n�wnv�as� °.rows � vh " q.1 : SrosNwFl TFF 8A7FR TRq NGVSw1'EM - STANDARDDE MUUULAK WtILANU JTJItM TUTS Q�i Iii U lii y iu � K ¢ W ¢ W � . U O K O. C5.01 ITEMS CORRESPONDING TO SCHEDULE "B": LAND AREA: A LTAI N S PS LAND TITLE SURVEY STATEMENT OF POSSIBLE ENCROACHMENTS: BY: CHICAGO TITLE COMPANY ORDER NO.: 00183740-987-OC1-JS9 103,500 SQUARE FEET 4911 BIRCH STREET TITLE OFFICER: JASON SILVA 2.38 ACRES 1 400 SE 1 420 NORTH BRISTOL NOTE: THE FOLLOWING IS A LISTING OF OBSERVED IMPROVEMENTS THAT NEWPORT BEACH, CA 92660 DATED: SEPTEMBER 14, 2022 CROSS PROPERTY LINES, STATEMENT OF OWNERSHIP OR POSSESSION IS (949)724-3100 C1 42.41 27.00 90'0015 ` STREET, NEWPORT BEACH, CA NEITHER IMPLIED NOR THE INTENT OF THIS LISTING. C2 39.27 25.00 90'0000 THERE WERE NOT OBSERVED IMPROVEMENTS THAT CROSS THE THE FOLLOWING ITEMS WERE FOUND IN SAID COMMITMENT AND ARE REFERENCED ON THIS PROPERTY LINE. MAP. COVENANTS AND AGREEMENTS LISTED HEREON CONTAIN NUMEROUS ITEMS THAT AFFECT THE SUBJECT PROPERTY, CONTENTS SHOULD BE REVIEWED TO DISCERN SPECIFICS A PERPETUAL AIR OR FLIGHT EASEMENT SOMETIMES REFERRED TO AS AMGATION RIGHTS, IN AND TO ALL THE AIR SPACE ABOVE THOSE FD. S & W LLEGIBLE ED. S & W LLEGIBLE PER QUAIL STREET PORTIONS OF PARTICULAR PLANES OR IMAGINARY SURFACES THAT CITY TIES BOOK V PAGE 73 OVERLIE SAID LAND FOR USE BY AIRCRAFT, PRESENT OR FUTURE, FROM PER CITY TIES N49'21'45"W A 68' WIDE PUBLIC RIGHT OF WAY)476.36" OR TO THE ORANGE COUNTY AIRPORT, SAID EASEMENTS AND RIGHTS OOK V PAGE 73 ( BEING MORE PARTICULARLY DESCRIBED AND DEFINED IN AND GRANTED _ - - - - - - FD. WELL MON. TO THE COUNTY OF ORANGE BY DEED RECORDED MARCH 17, 1964 IN 2' BRASS DISK BOOK 6965, PAGE 721, OFFICIAL RECORDS, UPON THE TERMS, L=1 75. 46' PER PMB 54/11 COVENANTS AND CONDITIONS THEREIN. THIS ITEM AFFECTS THE SUBJECT R=500, 00' PROPERTY BUT IS BLANKET IN NATURE AND IS NOT PLOTTED HEREON. R _20, 06• 23" a (THIS ITEM IS CORRECT) ED. L & T ACCPETED AS COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, P7PROD 5.0' O/S — --------------- ---------------- AS LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED _ J I ,o BOOK 9768, PAGE 919 OF OFFICIAL RECORDS. THIS ITEM AFFECTS 0� THE SUBJECT PROPERTY BUT IS BLANKET IN NATURE AND IS NOT a05.o0' PLOTTED HEREON. (THIS ITEM IS CORRECT) N49.21'45"W SURVEYOR'S BOUNDARY NOTE: AN EASEMENT FOR PUBLIC UTILITIES, SIDEWALK AND INCIDENTAL THE BOUNDARY SHOWN HEREON MATCHES RECORD DATA PURPOSES, RECORDED AS BOOK 10624, PAGE 588 OF OFFICIAL EXACTLY AS SHOWN ON A MAP FILED IN BOOK 64, PAGE 11 OF o RECORDS. THIS ITEM AFFECTS THE SUBJECT PROPERTY AND IS PLOTTED o PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF o HEREON. (THIS ITEM IS PLOTTED CORRECTLY) ORANGE COUNTV, CALIFORNIA. n THE EFFECT OF A MAP PURPORTING TO SHOW THE LAND AND OTHER M I w J w I THERE IS SUFFICIENT FOUND MONUMENTS SHOWN HEREON PROPERTY, FILED IN BOOK 44, PAGE 38 OF PARCEL MAPS. THIS ITEM TO ESTABLISH SAID BOUNDARY. w AFFECTS THE SUBJECT PROPERTY BUT IS BLANKET IN NATURE AND IS w D: NOT PLOTTED HEREON. (THIS ITEM IS CORRECT) `n w wo F o ; AN EASEMENT FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS, n a o r <' 33 PARCEL 2 PER a o a 1''� �o I 5Cj COMMUNICATION SYSTEMS, DISTRIBUTING ELECTRICAL ENERGY, a 3 rn z aN wN TRANSMITTING INTELLIGENCE BY ELECTRICAL AND INCIDENTAL PURPOSES, z a- i�- PARCEL MAP w LL I Z RECORDED DECEMBER 16, 1977 AS INSTRUMENT NO. 77-22971, BOOK I%L/A �� 44/38 rn PARCEL 1 PER j NEWPORT PLACE v1 z 12496, PAGE 1552 OF OFFICIAL RECORDS. THIS ITEM AFFECTS THE :°SUBJECTPROPERTY AND IS PLOTTED HEREON. CROWN BUILDING LP PARCEL MAP INVESTMENT CO(THIS ITEM IS PLOTTED CORRECTLY) N49'21'45"W APN: 427-332-03 44/38 APN:427-332-04 412.00' ITEMS fS SHOWN HEREON ARE STATED AS EXCEPTIONS ON ABOVE REFERENCED_ COMMITMENT. NO RESPONSIBILITY FOR THE COMPLETENESS, ACCURACY, OR CONTENT OFP9 ICSAID REPORT IS ASSUMED BY THIS MAP. SFN • - LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 50 OF IRMNE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA, TOGETHER WITH THAT PORTION OF TRACT NO. 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL NO. 2 AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA. EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977. FOR CONVEYANCING PURPOSES ONLY: APN 427-332-02 NOTE: THERE WERE NO MONUMENTS FOUND OR SET AT THE PROPERTY LINE CORNERS UNLESS OTHERWISE NOTED. THE INFORMATION, COURSES AND DISTANCES SHOWN ON THIS SURVEY PRINT ARE TRUE AND CORRECT. THIS SURVEY ACCURATELY REPRESENTS THE BOUNDARIES AND AREA OF THE PREMISES DENOTED ON THE TITLE ORDER REFERENCED HEREON AND IS THE SAME PROPERTY AS DESCRIBED THEREIN. AT THE TIME OF SURVEY, NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING CONSTRUCTION OR ADDITIONS WERE OBSERVED UNLESS OTHERWISE NOTED HEREON. NO RECENT CHANGES IN STREET RIGHTS -OF -WAY WERE OBSERVED AT THE TIME OF THE SURVEY UNLESS OTHERWISE NOTED HEREON. NO OBSERVED EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. THIS SURVEY HAS BEEN PREPARED FOR TITLE INSURANCE PURPOSES ONLY THIS SURVEY DOES NOT CONTAIN SUFFICIENT DETAIL FOR PARCEL 1 PER PARCEL MAP 54/11 BIXBY SPE a FINANCE 2 LLC APN:427-332-01 w�i0 M I z Z DESIGN PURPOSES. THE BOUNDARY DATA AND TITLE MATTERS AS SHOWN HEREON HAVE BEEN DEVELOPED FROM THE REFERENCED ED LT&TAG LS 3-109 ACCEPTED AS TITLE REPORT ONLY. SE COR. PARCEL 1 N49 219430"W PMB 54/11 UNLESS THIS PLAN HAS THE SEAL AND SIGNATURE OF THE SURVEYOR RESPONSIBLE FOR ITS PREPARATION, THIS IS NOT AN AUTHENTIC COPY OF THE ORIGINAL SURVEY AND SHALL NOT BE W ED LT&TAG LS 2528 ^ _ DEEMED RELIABLE. W ACCEPTED AS l� PL PROD 3.75' O/S, JRN CIVIL ENGINEERS ASSUMES NO LIABILITY FOR THE ACCURACY OR NO REF. N4038'15"E COMPLETENESS OF ANY THIRD PARTY INFORMATION REFERENCED OR �,q I 30.00' REPRESENTED HEREON. ANY OF SAID INFORMATION SHOWN HEREON 853.39' HAS BEEN PROVIDED FOR INFORMATIONAL PURPOSES ONLY. AS OUTLINED IN SECTION 8770.6 OF THE BUSINESS AND ��// ul PROFESSIONS CODE OF THE STATE OF CALIFORNIA "THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" BY A UCENSED LAND N49'21'30"W SURVEYOR OR REGISTERED CIVIL ENGINEER IN THE PRACTICE OF D. WELL MON. MON. 2" BRASS DISK PROFESSIONAL ENGINEERING OR LAND SURVEYING OR THE PREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER / 1 `/ PER CR 208 B SURVEYING DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THE CERTIFICATION, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESSED OR I.ti IMPLIED." SURVEYOR'S CERTIFICATE: TO: DONS BANCORPORATION, N.A. DBA CALIFORNIA BANK & TRUST AND ITS SUCCESSORS AND\OR ASSIGNS, ESP BRISTOL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BUCHANAN STREET PARTNERS, L.P., A DELAWARE LIMITED PARTNERSHIP, AND ITS SUCCESSORS AND ASSIGNS, 1400 BUILDING PARTNERSHIP, A LIMITED PARTNERSHIP, AND FIRST AMERICAN TITLE INSURANCE COMPANY. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 2, 3, 4, 6(A), 6(B), 7(A), 7(81), 7(C), 8, 9, 13. 14, 16, 17, AND 20 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON 1/10/2020. MAP PLOT 1/14/20. n vJEFF O RY L. AYS L.S. NO. 6379 EXP: 12/31/20 CENTER LINE EASEMENTS OVERHANG LOT/PARCEL UNES BOUNDARY LINE BLOCK WALLS GENERAL CHAIN UNK FENCE/GAM T WOOD FENCE/GATE/WARD RAILS WROUGHT IRON FENCE/GATE 77/ 77 /77 /77 BUILDING LINE CONCRETE CURB CONCRETE CURB W/ GUTTER CONCRETE BRICK s AC PAVEMENT PARCEL 2 PER AC PAVEMENT - v00i PARCEL MAP N 7I IRB 54/11 91 I I I I I I IPB LA Ij L/A L/A *L-/=, BFD (1YP� 'AS \4\10.1' 1Sr 1s.a; is. o'o'� 1,S;o', 15 z, 1o.1'\m I — a AC PAVEMENT d L/A L/A AC PAVEMENT a4/ PS LP a N w 118.8' AC PAVEMENT 171 PS1y/I EB BFD L/A CB SDMH L/A ACCESS N49'21'30"W m 0 n x n z J a orc a a d Z j,' 1' \ 122' \ 12.2 rLP —SCO ` P GP T m (T \ 5.7'. ST PI �PI �... \ PI OH RD- ST SCO ST WC� R OH' v ST PT O L/A DI�� OH- \ RD OH ST� PI, PIL/OH PI- "6.2'\ DI PI \ © \ ST '12.2' \'8. 3'\\ -3. 7�\12.5' \ 12.5'\\7.3'\6_3 ST ♦RD` y v LP J I `LP BW >/A I� `/A /A BRISTOL STREET BASIS OF BEARINGS: (A 60' WIDE PUBLIC RIGHT OF WAY) THE BEARING OF N 40'38'15" E ALONG THE CENTERLINE OF SPRUCE AVENUE PER PARCEL MAP BOOK 54, PAGE 11, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY. PARKING SPACE TABLE TYPE OF SPACE TOTAL EXISTING STANDARD 152 HANDICAP 2 TOTAL 154 FLOOD NOTE: ZONE - "X" PER FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NO. 06059C 0286 J EFFECTIVE DATE DECEMBER 3, 2009 ZONE "X" DENOTES AREAS SUBJECT TO MINIMAL FLOODING CITY OF NEWPORT BEACH VICINITY MAP NO SCALE BUILDING NOTE: BUILDING o- (BUILDING FOOTPRINT = 5,933 SQUARE FEET) (BUILDING HEIGHT = 30't) 2 STORY/WOOD BUILDING o- (BUILDING FOOTPRINT = 11,393 SQUARE FEET) (BUILDING HEIGHT = 30't) 2 STORY/WOOD BUILDING Co- (BUILDING FOOTPRINT = 2,369 SQUARE FEET) (BUILDING HEIGHT = 30'i_) 2 STORY/WOOD OH L/A n �SCO WATER METER W } A/ LP 42.0' Lo ~I O INC �_ OH RD UI 11W HC7 3 = Z WATER METER } UVf� Q WATER VALVE 2 U m `SCO m LL W = O DH I I D- n V) L/A w ^ w ] Q �m D00 IUM o Z ILDO THE ABOVE STATEMENT IS FOR INFORMATION ONLY AND THIS SURVEYOR ASSUMES NO UABILITY FOR THE CORRECTNESS OF THE CITED MAP(S). IN ADDITION, THE ABOVE STATEMENT DOES NOT REPRESENT THIS SURVEYOR'S OPINION OF THE PROBABILITY OF FLOODING. L/A w J m Ci o 'z 41�NRAFS WATER VALVE (3 631.94'WELL MON. DISK PER CR 2007-1924 B 1485.33' SITE RESTRICTIONS: SETBACKS: FRONT - PER GENERAL PLAN STREET SIDE - PER GENERAL PLAN SIDE - PER GENERAL PLAN REAR - PER GENERAL PLAN HEIGHT - PER GENERAL PLAN ZONE - PC-11 (PLANNED COMMUNITY) FLOOR AREA RATIO - PER GENERAL PLAN PARKING REQUIREMENT - 155 SPACES ALL SITE RESTRICTIONS WERE OBTAINED PER THE ZONING REPORT PREPARED BY ZONING REPORT SITE NO. 19-270257.1 DATED JANUARY 20,2020. ANY QUESTIONS REGARDING ZONE DEFINITIONS OR INTERPRETATIONS SHOULD BE DIRECTED TO: PHONE NUMBER - (949) 644-3311 ZONING AND RESTRICTIONS SHOWN HEREON WERE OBTAINED BY A ZONING REPORT PROVIDED BY THE CLIENT. NO REPRESENTATION IS MADE FOR THE ACCURACY OR COMPLETENESS OF SAID THIRD PARTY INFORMATION. THIS FIRM IS NOT AN EXPERT IN THE INTERPRETATION OF COMPLEX ZONING ORDINANCES, COMPLIANCE IS BEYOND THE SCOPE OF THIS SURVEY. ANY USER OF SAID INFORMATION IS URGED TO CONTACT THE LOCAL AGENCY DIRECTLY. LEGEND: CB - CATCH BASIN C.L. - CENTER LINE CPS - CABLE PULLBOX D/W - DRIVEWAY DI - DRAIN INLET DIST - DISTANCE E. - EAST EMH - ELECTRIC MANHOLE EB - ELECTRIC BOX EST. - ESTABLISHED D. - FOUND FDC - FIRE DEPARTMENT CONNECTION GP - GUARD POST INST - INSTRUMENT L/A - LANDSCAPING LP - LIGHT POST N. - NORTH NE. - NORTHEAST NO - NUMBER NW.A. - NORTHWEST OH - OVERHANG PI - PILLAR PL - PROPERTY LINE PIN - PLANTER PS - PARKING STALL PT - POWER TRANSPONDER RD - ROOF DRAIN REC - RECORD S. - SOUTH SOO - SEWER CLEAN OUT SDMH - STORMDRAIN MANHOLE SE. - SOUTHEAST SF - SQUARE FEET SFN - SEARCHED FOUND NOTHING SN - SIGN Sw. - SOUTHWEST TE - TRASH ENCLOSURE TB - TELEPHONE BOX TYR - TYPICAL UM - UTILTY METER UP - UTILITY PIPE UVT - UTILITY VAULT W. - WEST W/ -WITH WC - WATER CABINET No - WATER METER 30, 0' 30, 60, SCALE: 1 " = 30' O a w K z Z V) N O N _N N Go �V/J O^ O W N U WIn Q N U W Zo Z D_ Z V) _ m U 0 (n < O Z w� Z Q W N W U 0 _J N N Z N 00 U ma F W Zx a a� i W M} a_ W wW J Q d Joou W (n mU Zi I� :J I.. 2 m Q 0 0 a H Zz o O d W Z Z �Z � a - L cD Z I a � aV m Z I` a Of z N J w z Ed IQ p J O N O N m Z z w \ m } m 0 of J W N g O U reTwi III FIRE LANE SIGN DETAILS FIRE DEPARTMENT NOTES FIRE LANE ENTRANCE ARE REQUIRED AT ENTRY POINTS TO PROPERTIES THAT CONTAIN FIRE LANE SIGNS OR RED CURBS. SIGNS MUST BE APPROVED BY LIFE SAFETY SERVICES AND MUST BE A MINIMUM IF MINIMUM OF EIGHTEEN (18) INCHES WIDE BY TWENTY-FOUR (24) INCHES HIGH. 1. NEWPOFIT BEACH FIRE DEPARTMENT SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 48 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE 1400 BRISTOL N. THE SCHEDULED DATE WILL BE SUBJECT TO A RE -INSPECTION FEE. CALL NEWPORT BEACH FIRE DEPARTMENT FIRE MASTE R PLAN FIRE LANE SIGN MOUNTING LEGEND NOTE: NOTICE 2 D BACKGROUND, NG SMALLERSHALL nN WHITESNNHEIGHT. FIRE LANE SIGNS SHALL MEET SPECIFICATIONS PER NBFD NO PARKING IN AREAS GUIDELINES AND SHALL BE MARKED AS FIRE LANES 2 O Lo SMAIING SHAL NBEINEDEOSN �E E B CKGROUND, INSTALLED AS DESCRIBED THEREIN. ADDITIONAL FIRE MARKINGS MAY BE BE THE RIGHT NDRED W TH MINIMUM A REQUIRED ATTHE TIME OF 1 BE LETTERS. g INSPECTION DEPENDING ON FIELD CONDITIONS. 24" 4 LETTERING SHALL BE BOLD, CONDENSED WHITE MIN. REFLECTIVE LETTERING ON RED BACKGROUND, VIOLATNG VEHICLES (2) INCHES IN HEIGHT. INSPECTION SCHEDULING AT (714) 644-3255. 2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS ONSITE (OR DRYWALLFOR STRUCTURES OF NON-COMBUSTIBLE CONSTRUCTION). ALL-WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 72,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PACE AND HYDRANTS SHALL BE TESTED AND MADE SERVICEABLE PRIOR TO AND DURING TIME OF CONSTRUCTION. IONS NOT COVERED BY THE FEES 3 PHASED INSTALATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTLANE PAID AT PAN SUBMITTAL CONTACT INSPECTION SCHEDULING TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE. q, AN ORIGINAL APPROVED, SIGNED, WET -STAMPED NEWPORT BEACH FIRE, FIRE MASTER PAN SHALL BE AVAILABLE ON -SITE AT TIME OF INSPECTION. 5. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL ITEMS DURING CITY O F NEWPORT BEACH WILL BE CITED 2 O ) NCLETTEHES IN HEIGHT. BACKGROUND,ING SHAL BE ED RED C OR TOWED AT TIMESAND F OBSTRUCTION OFTER OFIRE N. RLANES AND HYDRANTS EAS WHERE PARKING IMAY RESULT S NOT RMI INCANCELLATIONOR SUSED SHALL BE CLEARLY IPENSION OFDENTIFIED ALL OWNER'S EXPENSE LETTERING SHALL BE BOLD, CONDENSED WHITE FIRE LANE SIGN MOUNTING DETAIL O REFLECTIVE LETTERING ON RED BACKGROUND, I INCH IN HEIGHT. M.C. 12 22500.1 CVC 240.190 F 2 DEPTH OF SIGN SHALL BE i81NCHES FROM STANDARD CURB AND 241NCHES WITH ROLLED CURB TO CENTER N.B.P.D. 949-544-3717 O OF POST UNLESS INDICATED ON PLAN WITH THE LETTER 1", INDICATING PLACEMENT IN LANDSCAPE DIRECTLY ADJACENT TO SIDEWALK OR CURB INSPECTIONS. 6. FIRE APPARATUS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT THE IMPOSED LOADS OF FIRE APPARATUS (72,000 LBS) AND TRUCK OUTRIGGER LOADS OF 75 LBS. PER SQUARE INCH OVER A TWO FOOT AREA. CALCUATIONS STAMPED AND SIGNED BY A REGISTERED PROFESSIONAL ENGINEER SHALL CERTIFY THAT THE PROPOSED SURFACE MEETS THE CRITERIA OF AN ALL WEATHER DRIVING SURFACE AND IS CAPABLE OF O HEIGHT OF SIGN IN SIDEWALK OR PEDESTRIAN AREA SHALL BE 7.4E, AND FW1 IN ALL OTHER AREAS. WITHSTANDING THE WEIGHT OF 72,000 LBS. THESE LOADS ARE ALSO REQUIRED IF SURFACE IS TURF BLOCK OR ©BURYDEPTHSHALL BEA MINIMUM OF 2 INCHES AND REBAR, A CONCRETE FOOTING, OR ANOTHER METHOD TO PREVENT REMOVAL OF THE SIGN IS RECOMMENDED. FOOTINGS FOR SIGNS LOCATED IN THE PUBLIC n FIRE LANE ENTRY SIGN RIGHT-OF-WAY SHALL BE PER THE LOCAL JURISDICTION'S REQUIREMENTS. OTHER ENGINEERED ALTERNATESURFACE. 7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY NEWPORT BEACH FIRE PRIOR TO USE. 8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION. 9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK. OR 10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A BEFORE REACHING 40 FEET IN HEIGHT. � �O /6 _ 11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR FIRE LANES �4/ q 4 WITH STANDARD CURBS AND GUTTERS AND FROM FLOW -LINE TO FLOW -LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G., ROLLED, RAMPED, ETC). THE DEVELOPER IS RESPONSIBLE TO VERIFY THAT ALL APPROVED PUBLIC STOPPING 5 STOPPING 5 STOPPING 5 WORKS OR GRADING DEPARTMENT STREET IMPROVEMENT PANS OR PRECISE GRADING PANS CONFORM TO THE MINIMUM STREET WIDTH MEASUREMENTS PER THE APPROVED CITY OF NEWPORT BEACH FIRE MASTER PAN AND FIRE FIRE FIRE STANDARDS FOR ALL PORTIONS OF THE FIRE ACCESS ROADS. LANE LANE LANE 12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 12,000 LBS. AND SURFACED TO PROVIDE ALL-WEATHER DRIVING CAPABILITIES. 13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN ON DETAIL AND NEWPOFIT BEACH FIRE STANDARDS, AND SHALL BE INSTALLED AS DESCRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE 12" 12' 12' REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS. 14. ALL ONSITE FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER FIRE LANE FIRE LANE'BEGIN' FIRE LANE'END' THE NEWPORT BEACH FIRE STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD NO STOPPING SIGN NO STOPPING SIGN NO STOPPING SIGN CONDITION BY THE PROPERTY OWNER. n n n c a a 15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED. ADDRESS NUMBERS SHALL BE ILLUMINATED AT NIGHT. FIRE DEPARTMENT SHALL HAVE INPUT ON BUILDING ADDRESSING. 16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WITH CHAPTER 5 OF PREMISES IDENTIFICATION & ADDRESSING COMBUSTIBLE CONSTRUCTION LETTER VICINITY MAP THE CFC. 17. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE ACCESS TO ALL PP DBJIFlCATIDPk A. APPROVED NUMBERS OR ADDRESSES SHALL BE PLACED ON THE FRONT ELEVATION OF ALL BUILDINGS IN SUCH A POSITION THAT IS PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAD ON THE PROPERTY IS ADDRESSED. WHICH B. THE NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND. C. THE NUMBERS SHALL BEA MINIMUM OF 6 INCHES OR MORE IN HEIGHT FOR RESIDENTIAL STRUCTURES WITH AONE-INCH STROKE OR AS REQUIRED BY LOCAL ORDINANCE, WHICHEVER IS MORE RESTRIIVE. BUILDING SETBACKS, ELEVATION AND LANDSCAPING CAN AFCTFECT THESE MINIMUM REQUIREMENTS. D. NUMBERS FOR NEW BUILDINGS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED TO BE VISIBLE AT NIGHT. E. NUMBERS/LETTERS SHALL BE OF NON-COMBUSTIBLE MATERIALS. IN ADDITION TO COMMON REQUIREMENTS SPECIFIED ABOVE, THE21. MAY 31, 2023 NEWPORT BEACH FIRE DEPARTMENT NE CIVIC CENTER DRIVE NEWPORC T BEACH, CA 92660 SUBJECT: COMBUSTIBLE CONSTRUCTION LETTER, 1400 BRISTOL STREET N., NEWPORT BEACH, CA. THE PURPOSE OF THIS LETTER IS TO NOTIFY YOU THAT THE 1400 BRISTOL STREET N. SHALL INSTALL ALL REQUIRED PAVED FIRE ACCESS ROADS THAT MEET NEWPORT BEACH FIRE DEPARTMENT ACCESS WATER SUPPLY FOR FIREFIGHTING PURPOSES SHALL BE INSTALLED REQUIREMENTS PER THE APPROVED PLANS. ALL FIRE HYDRANTS AND PER THE APPROVED PLANS AND SHALL MEET ALL FIRE FLOWS REQUIREMENTS, PRIOR TO ANY COMBUSTIBLE CONSTRUCTION MATERIALS BEING DELIVERED FOR CONSTRUCTION.INFORMATION. r C. ,^W,y - sr Q r'�rV y 73 Air g O .wom cyFxS aR OS HYDRANTS, VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS, SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS, AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS, OR STROBES. 18. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM. 19. ANY FUTURE MODIFICATION TO THE APPROVED FIRE MASTER PLAN OR APPROVED SITE PAN, INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE NEWPORT BEACH FIRE DEPARTMENT. 20. APPROVAL OF THIS PAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PROJECT CONDITIONS OTHER THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN T BEACH FIRE STANDARDS AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE SUBJECCTT TTO O ADDITIONAL REQUIREMENTS NOT STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL A "KNOX" KEY STORAGE BOX WILL BE REQUIRED FOR EACH BUILDING. KEYS SHALL BE PROVIDED FOR ALL EXTERIOR _ e e + R 55 �G$ oq er swY o G s 1. FOLLOWING ADDITIONAL REQUIREMENTS PERTAIN TO EACH BUILDING CONFIGURATION: A. MULTI -UNIT BUILDINGS - SUITE/APARTMENT NUMBERS SHALL BE PLACED ON OR ADJACENT TO THE PRIMARY ENTRANCE FOR EACH SUITE/APARTMENT AND ANY OTHER DOOR PROVIDING ACCESS TO ENTRY DOORS, FIRE PROTECTION EQUIPMENT CONTROL ROOMS, MECHANICAL ROOMS, EQUIPMENT ROOMS, PEDES TRIAN GATES, POOL GATES AND ADDITIONAL AREAS THE FIRE INSPECTOR UPON INSPECTION FINAL FINDS NECESSARY FOR EMERGENCY RESPONSE PERSONNEL. THE KNOX BOXES SHALL BE LOCATED ON EACH BUILDING IN THE SAME CONSISTENT LOCATION. E.G. MAIN ENTRANCE ETC. PARKING ENFORCEMENT LETTER FIRE DEPARTMENT PERSONNEL DURING AN EMERGENCY. 22. AN UNDERGROUND PIPING PLAN IS REQUIRED FOR THE INSTALLATION OF AN AUTOMATIC FIRE SPRINKLER SYSTEM d$ B. MULTIPLE RESIDENTIAL AND COMMERCIAL UNITS HAVING ENTRANCE MAY 31, 2023 OR FOR A PRIVATE FIRE HYDRANT SYSTEM. A SEPARATE PLAN SUBMITTAL IS REQUIRED. NIVERSITYDRU DOORS NOT VISIBLE FROM THE STREET OR ROAD SHALL, IN 23. AN ARCHITECTURAL PLAN IS REQUIRED TO BE SUBMITTED TO THE NEWPORT BEACH FIRE DEPT. FOR REVIEW AND 3q PROJECT r LOCATION e. SPRUCE CN'tpU5 p0. ADDITION, HAVE APPROVED NUMBERS GROUPED FOR ALL UNITS WITHIN EACH STRUCTURE AND POSITIONED TO BE PLAINLY VISIBLE FROM THE STREET OR ROAD. C. MULTI -BUILDING CLUSTERS - APPROVED NUMBERS OR ADDRESSEES SHALL BE PLACED ON THE FRONT ELEVATION(S OF ALL BUILDINGS THAT FORM THE CLUSTER. NEWPORT BEACH FIRE DEPARTMENT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 RE: 1400 BRISTOL STREET N., NEWPORT BEACH, CA. PARKING ENFORCEMENT PLAN APPROVAL. 24. AUTOMATIC FIRE SPRINKLER SYSTEM SHALL BE INSTALLED IN COMPLIANCE WITH NFPA FULL 13, WITH APPLICABLE CODES AND LOCAL ORDINANCES, AMENDMENTS, AND GUIDELINES. A SEPARATE PAN SUBMITTAL IS REQUIRED. 25. SEPARATE PLAN SUBMITTAL AND PERMITS WILL BE REQUIRED FOR THE FOLLOWING ITEMS: FIRE ALARM SYSTEM, STANDPIPE SYSTEM. 26. A CHEMICAL CLASSIFICATION AND HAZARDOUS MATERIALS COMPLIANCE PLAN SHALL BE APPROVED BY THE °p `J PLACEMWT OF BULDNG IDTNTIRCATIM NUIll ) THE FIRE LANE PARKING ENFORCEMENT PLAN FOR THE ABOVE REFERENCED PROJECT IS STATED AS FOLLOWS: ALL FIRE LANES WITHIN PROJECT SHALL BE MAINTAINED AND IN NO NEWPORT BEACH FIRE DEPARTMENT PRIOR TO ANY HAZARDOUS MATERIALS BEING STORED OR USED ON SITE. A SEPARATE PLAN SUBMITTAL IS REQUIRED. 27. CONSTRUCTION GATES WILL BE PROVIDED WITH A KNOX OR BREAKAWAY PADLOCK. 28. STANDPIPES SHALL BE PROVIDED FOR ALL BUILDINGS AS PER C.F.C. SEC. 905.3.1. OEVENT BUILDING IDENTIFICATION SIGN WITH 6" TALL MINIMUM LETTERING SHALL PARKING BE PERMITTED ALONG ANY PORTION OF A STREET OR DRIVE THAT REQUIRED FIRE LANES OR ANY AREA 29. EMERGENCY RESPONDER RADIO COVERAGE (800 MHZ WILL BE REQUIRED AND SHALL COMPLY WITH NEWPORT BEACH FIRE DEPARTMENT GUIDELINE & STANDARDS D.05 PUBLIC SAFETY RADIO SYSTEM COVERAGE. DESIGNATED AS A FIRE LANE FOR TURN -AROUND OR DRIVE THROUGH 30. STAIRWELL SIGNAGE SHALL MEET NEWPORT BEACH FIRE DEPARTMENT GUIDELINE & STANDARDS D.01. T BONtTNCNN�D n �P yv y�' F $ 81-107ODD BUILDING IDENTIFICATION SIGNAGE EXAMPLE 6" HIGH MINIMUM LETTERS PLAcEmENT OF IJt4R ATE N PURPOSES. ONSITE MANAGEMENT SHALL ADOPT REASONABLE RULES AND REGULATIONS REGARDING THE PARKING OF VEHICLES ALONG THE STREETS, ROADS AND OR DRIVES WITHIN THE PROJECT THAT ARE NOT IN CONFLICT WITH APPLICABLE LAW. IN FURTHERANCE THEREOF, PROJECT ONSITE MANAGEMENT, THROUGH ITS OFFICERS, COMMITTEES AND AGENTS WILL ESTABLISH THE BUILDING DATA TABLE BUILDING DESCRIPTION OCCUPANCY TYPE FIRE SPRINKLERS CONSTRUCTION TYPE GROSS SQUARE FOOTAGE ARAGE SUBTERRANEAN PARKING LEVELS Bi & B2 S-2 NFPA 13 I -A 139,849 LEVEL 1 AT GRADE S-2 NFPA 13 I -A 65,674 NOTE: BUILDING NUMBERS ATTACHED TO BUILDING IN CONTRASTING "PARKING" AND "NO PARKING" AREAS WITHIN THE PROPERTY IN COLOR PER NEWPORT BEACH FIRE DEPT. SPECIFICATIONS NOTE: ACCORDANCE WITH SECTION 22658.2 OF THE CALIFORNIA VEHICLE LEVELS 2 THRU 6 A & R-2 NFPA 13 III -A 268,061 \ MINOR ADJUSTMENTS SHALL BE ALLOWED IN THE FIELD, PER THE DISCRETION OF NEWPORT BEACH FIRE DEPT. FIELD INSPECTOR CODE AND NEWPORT BEACH FIRE DEPARTMENT STANDARDS. THE LAW SHALL BE THROUGH SUCH RULES AND REGULATIONS BY ALL AWFUL MEANSRINCLUDING, WRITTEN WARNINGS, G5, C TNG, LEVYING MIN. FIRE FLOW AND FIRE HYDRANT SPACING REQUIREMENTS FINES AND TOWING VEHICLES IN VIOLATION. ® ONSITE MANAGEMENT WILL CONTRACT WITH A CERTIFIED PATROL AND TOWING COMPANY TO REMOVE VEHICLES THAT VIOLATE NO PARKING MINIMUM FIRE FLOW OF 3,000 GPM AT 20PSI FOR 4 HOURS REQUIRED PER THE LARGEST " 1. ACTUAL BUILDING ADDRESSES WILL BE COORDINATED WITH THE CITY OF NEWPORT BEACH AND THE POSTAL SERVICE. PLANS SHOWING THESE ADDRESSES WILL BE SUBMITTED TO THE NEWPORT BEACH FIRE DEPARTMENT UNDER A SEPARATE REVIEW. RESTRICTIONS. FIRST TIME VIOLATORS WILL RECEIVE A WRITTEN WARNING AND WITH SUBSEQUENT VIOLATIONS, THE VEHICLE SHALL BE SUBJECT TO TOWING. THE VEHICLE OWNER SHALL BE RESPONSIBLE FOR ALL COSTS INCURRED IN REMEDYING SUCH VIOLATION, INCLUDING WITHOUT LIMITATION TOWING COST, CITATIONS AND LEGAL FEES. BUILDING OF APPROXIMATELY 268,061 SCI AND TYPE III -A CONSTRUCTION. A MINIMUM OF THREE (3) FIRE HYDRANTS ARE REQUIRED SPACED NO MORE THAN 450-FEET FROM HYDRANT TO HYDRANT IN A THRU ROAD, AND NO MORE THAN 175-FEET FROM THE END OF A DEAD-END FIRE ACCESS ROAD. NOT TO SCALE NORTH SHEETINDEX CIVIL ENGINEER: F-1 COVER SHEET CIVIL ENGINEER: ARCHRECTUREEPLANNING: PREPARED BY PREPARED FOR TITLE FIRE MASTER PLAN DATE 08/10/2023 F-2 OVERALL FIRE MASTER PLAN LAYOUT AT GRADE LEVEL 2OVERAL LEVEL FIREM6LAYOUA flfl44 �. 1 F E 5 C A P E 5 BUILDING ELEVATIONS international Inc 4930 CAMPUS DRIVE + I TAIT i.. 801 N PARKCENTER DRIVE 19782 MACARTHUR BLVD. SUITE 300 iresF-3 28486 AIROSO STREET PICERNEGROUP 5000 BIRCH ST. EAST TOWER, SUITE 600 COVER SHEET 1400 BRISTOL STREET NORTH NEWPORT BEACH, CA PARCEL NO.: 427-332-02 snEErF-4 F 1 NEWPORT BEACH, CA 92660 P.949.476.8888 SANTA ANA, CA 92705 P: 714.560.8643 IRVINE, CA 92612 P:949.862.0270 RANCHO MISSION VIEJO, CA 92694 OFFICE: (949)240.5911 NEWPORT BEACH, CA 92660 P: 949.267.1573 NEWPORT BEACH FIRE DEPARTMENT The use of these plans and specifications shall be restricted to the original site for which they were prepared and publication thereof is expressly limited 0 such use. Reproduction, publication, or re -use by any method, In whole or In part without the express consent of FIRESAFE PLANNING SOLUTIONS Is prohibited 3 5' WIDE WALKABLE SURFACE. REFER TO LEGEND FOR 2 STAIRS REQUIREMENTS. -- -- -- -- — 4001: _ -- - SPE RAM D T DOG SPA w L s MECHANICAL N z% si 463 SF ELEV3 UTILITY s y MAINT TRASH ESIDENT & GUEST 2 1 p p 938 SF ' GARAGE ENTRY e e e e — 0 l R R R R R R R R� M M R R -4 HIGH SPEE ROL - A (CONTROLLED ACCESS ONLY) ESIDENT PARKING J a ' n a a a a a a nh F uF ul 0 a a POOL EQUIPMENT /,H SD ROLL - UP GATE G OPEN DURING BUSINESS HOURS G U e e Pill EVC ltl1 R R O O G O G G G G G G G D G G G G G G GUEST PARKING 0 /TRASH 930 SF ti) EXISTING COMMERCIAL PARKING LOT. NOT A PART I STAIR 2 PROJECT PROJECT ROOF ACCESS BOUNDARY BOUNDARY PODIUM ABOVE, TYPICAL — — — — — — — — — — — — �400' — - _/1- L_U_ LLLL I I I 2 I I \ILU ? I \W / I U o� Z VJ N _ M LU LU X z @' L L L� LL co J e FIREJIM_ Ll x 20' LLJ LEV 1 TAIR 1 SUB-ELEC. ° OOF ACCESS p R R R R R R R R R R R R aePe p I MAIL ROOF / LINE ABOV 749 SF o o t ESIDENT PARKING SUB-E. BUSINESS CENTER / / / PROJECT 3,400 SF 2 I r l ELEC. a a aisa a a D a a a p p 6 BOUNDAF Y SUB-E. / I 1 — — — ^I 220r / 1 FIRE HYDRANT TO FIRE HYDRANT kk t2 ----- i -- UTI PODIUM ABOVE, �TYPICAL VENTILATION SUPPLYSHAFTVENTILATION SUPPLY SHAFT PR6AR --- —— — — — — — — 350' FIRE HYDRANT TO EXISTING BRISTOL STREET N. DRAWING SCALE SHEET INDEX F-1 COVER SHEET N F-2 OVERALL FIRE MASTER PLAN LAYOUT AT GRADE GRAPHIC SCALE F-3 LEVEL 2 & LEVEL 6 LAYOUTS 20' as F-4 BUILDING ELEVATIONS 1 inch CIVIL ENGINEER: ILIL I F E S C A P E S International Inc 4930 CAMPUS DRIVE NEWPORT BEACH, CA 92660 P: 949.476.8888 CIVIL ENGINEER: 11 TAIT 801 N PARKCENTER DRIVE SANTA ANA, CA 92705 P: 714.560.8643 ARCHITECTUREEPLANNING: AR GRI}FC}F 19782 MACARTHUR BLVD. SUITE 300 IRVINE, CA 92612 P: 949.862.0270 PREPARED BY'. firesare 28506 AIROSO STREET RANCHO MISSION VIEJO, CA 92694 OFFICE: 1949) 240.5911 LEGEND ID INDICATES 'NO STOPPING - FIRE LANE' SIGNS PER DETAILS SHT. F-1 L_J O INDICATES EXISTING PUBLIC FIRE HYDRANT WITH BLUE REFLECTIVE MARKER 0 INDICATES PROPOSED PRIVATE FIRE HYDRANT WITH BLUE REFLECTIVE FIRE HYDRANT MARKER. MARKER SHALL BE PLACED 6" FROM CENTERLINE OF HYDRANT SIDE OF STREET _ INDICATES PROPOSED DOUBLE DETECTOR CHECK FOR AUTOMATIC FIRE SPRINKLER RISER CONNECTION AND PRIVATE FIRE HYDRANTS INDICATES PROPOSED FIRE DEPARTMENT CONNECTION FOR AUTOMATIC FIRE SPRINKLER RISER CONNECTION O INDICATES PROPOSED POST INDICATOR VALVE LOCATED BETWEEN THE DOUBLE DETECTOR CHECK AND FIRE DEPARTMENT CONNECTION TO ISOLATE THE AUTOMATIC FIRE SPRINKLER RISER CONNECTION FROM THE BALANCE OF THE PRIVATE FIRE LINE 0 INDICATES GATE ENTRY TO PARKING GARAGE INDICATES APPROXIMATE LOCATION OF KNOX BOX WITH 3-SETS OF ENTRY DOORIGATE KEYS OR KNOX KEY SWITCH. SEE CONSTRUCTION NOTES FOR DESIGNATION. O INDICATES APPROXIMATE LOCATION OF THE BUILDING ADDRESS, MINIMUM 6" IN HEIGHT MEETING CITY OF NEWPORT BEACH REQUIREMENTS PROVIDED ON SHEET F-1. FINAL DESIGN AND LOCATION BY OTHERS AERIAL TRUCK LADDER ACCESS TO BUILDING (BETWEEN 20'-40' FROM ACCESS ROAD) INDICATES STAIR LOCATIONS INDICATES ELEVATOR LOCATIONS INDICATES FIRE CONTROL ROOM LOCATION INDICATES PROPOSED BUILDING (RESIDENTIAL AND INTERIOR COMMON USE) INDICATES PROPOSED PARKING GARAGE INDICATES LIMITS OF BUILDING ROOFLINE INDICATES FIRE DEPARTMENT HOSE PULL WALKABLE ACCESS - 150' MAXIMUM INDICATES 5WIDE WALKABLE PATH OF TRAVEL. FINISH SURFACE SHALL BE OF CONCRETE, PAVERS OR DECOMPOSED GRANITE. VEGETATION IS NOT PERMITTED. INDICATES PROPOSED FIRE ACCESS LANE WITH AN ALL WEATHER PAVED SURFACE CAPABLE OF SUPPORTING 72,000 LBS FORE FIRE APPARATUS AND TRUCK OUTRIGGER LOADS OF 75 POUNDS PER SQUARE INCH OVER 2-FOOT AREA. FIRE ACCESS LANES DO NOT REQUIRE A FIRE DEPARTMENT TURNAROUND SINCE THEY LESS THAN 150-FEET IN LENGTH PER CFC SECTION 503.2.5. INDICATES NOT A PART OF FIRE ACCESS � 20' 1— sa sa RO.\ \ FIRE DEPARTMENT HAMMERHEAD TURNAROUND PER INDICATES FIRE APPARATUS PATH OF TRAVEL THE CITY OF NEWPORT GUIDELINE AND STANDARDS WITH A 20-FOOT WIDE PATH, 20-FOOT INSIDE RADIUS AND 40-FOOT OUTSIDE RADIUS CONSTRUCTION NOTES O FIRE LANE ENTRANCE SIGN PER CITY OF NEWPORT BEACH FIRE DEPARTMENT. SEE DETAILS SHT. F-1. 0 FIRE LANE 'NO STOPPING' SIGN PER CITY OF NEWPORT BEACH FIRE DEPARTMENT. SEE DETAIL SHT. F-1. 0 FIRE LANE 'NO STOPPING BEGIN' SIGN PER CITY OF NEWPORT BEACH FIRE DEPARTMENT. SEE DETAIL SHT. F-1 ® FIRE LANE 'NO STOPPING END' SIGN PER CITY OF NEWPORT BEACH FIRE DEPARTMENT. SEE DETAIL SHT. F-1. Q INSTALL KNOX KEY SWITCH. © INSTALL KNOX BOX WITH 3-SETS OF ENTRY DOORIGATE KEYS. 0 INSTALL FIRE HYDRANT MARKER THAT SHALL BE PLACED 6' FROM CENTERLINE OF STREET. PREPARED FOR TITLE DATE FIRE MASTER PLAN 08/10/2023 LAYOUT PLAN SHEET: PICERNEGROUP 1400 BRISTOL STREET NORTH r ^ NEWPORT BEACH, CA F 5000 BIRCH ST. EAST TOWER, SUITE 600 PARCEL NO.: 427-332-02 1 L NEWPORT BEACH, CA 92660 P: 949.267.1573 r NEWPORT BEACH FIRE DEPARTMENT The use of these plans and specifications shall be restricted to the original site for which they were prepared and publication thereof is expressly limited 0 such use. Reproduction, publlcatlon, or re -use by any method, In whole or In part without the express consent of FIRESAFE PLANNING SOLUTIONS Is prohibited. LEVEL 6 FLOORPLAN SCALE: 1"=30' LEVEL 2 FLOORPLAN SCALE: 1R=301 I STAIR S I I I I STAIR S 1 ROOFACCESS STAIRS ROOFACCESS : S ........... ......... ... ...._.._—._---._— El F' ELEV i I ELEV 1 S1 I B921 i 1 1 i WW -LOW 1 ROOF A505 B7 jA Z W I OPEN TO w 8921 A z O BELOW (1 STORY) m 0LLI \ ------- Asos A710 Q W i -- Q W A406 I U I s1m j 1 U A602 POOL Coa aw ROOFOECK 1.5105.F. A406 V UE I I / I I I Z 1 1 z I I ' LOUNGE A uN W I CALI1,850 S ROOM 1,850 SF B W III S.F, 81] SF ELEV \J BTAIR FFZ� LEV 1 '� T ^f^^ I ROOF ACCESS I T 3 ROOFSTAIRIA %j9` I ROOF ACCESS l I EVz ti I T I E Vz I t (OBLVVOLUME)P . D S IAN BRIDGE I,I 11 J B936 110 1 1 (sGL_vo_w_ME) _A ___________ _ _ __— _ I / 1 EXISTING BRISTOL STREET N. EXISTING BRISTOL STREET N. LEGEND 0 INDICATES APPROXIMATE LOCATION OF KNOX BOX WITH 3-SETS OF ENTRY DOORIGATE KEYS. INDICATES STAIR LOCATIONS LEGEND INDICATES ELEVATOR LOCATIONS AERIAL TRUCK LADDER ACCESS TO BUILDING (BETWEEN 20'-40' FROM ACCESS ROAD) INDICATES PROPOSED BUILDING (RESIDENTIAL AND INTERIOR COMMON USE) CONSTRUCTION NOTES © INSTALL KNOX BOX WITH 3SETS OF ENTRY DOORIGATE KEYS. DRAWING SCALE SHEET INDEX CIVIL ENGINEER: CIVIL ENGINEER ARCHITECTURE,PLANNING PREPARED BY PREPARED FOR TITLE FIRE MASTER PLAN DATE N GRAPHIC SCALE ao• Ba F-1 COVER SHEET F-2 OVERALL FIRE MASTER PLAN LAYOUT AT GRADE F-3 LEVEL 2& LEVEL 6 LAYOUTS F-0 BUILDING ELEVATIONS �] L I F E S C A P E S IneFrFn+s+o�+l Inc I+ T� T.T'9\ ■ rj Ifires � UPPER LEVEL FLOORPLANS 08/10/2023 SHEET: �# +` PICERNEGROUP 1400 BRISTOL STREET NORTH AR°nIT■r:Tf 28506 AIROSO STREET NEWPORT BEACH, CA F 3 1 inch = 30 ft. 4930 CAMPUS DRIVE NEWPORT BEACH, CA 92660 P: 949.476.8888 801 N PARKCENTER DRIVE SANTA ANA, CA 92705 P: 714.560.8643 19782 MACARTHUR BLVD. SUITE 300 IRVINE, CA 92612 P:949.862.0270 RANCHO MISSION VIEJO, CA 92694 OFFICE: (949)240.5911 5000 BIRCH ST. EAST TOWER, SUITE 600 NEWPORT BEACH, CA 92660 P: 949.267.1573 PARCEL NO.: 427-332-02 NEWPORT BEACH FIRE DEPARTMENT The use of these plans and specifications shall be restricted to the original site for which they were prepared and publication thereof is expressly limited 0 such use. Reproduction, publlcatlon, or re -use by any method, In whole or In part without the express consent of FIRESAFE PLANNING SOLUTIONS Is prohibited. _ FUTURE 1300 BRISTOL Lfl P] n m I� J �7 mm d x Lfl dT_1� oTjL® 91,611 0•- •■ r� Fill I... -All pill■7 7 ® E3®4 ® ® ,5:',.'".--! ® ®'__ .- . __I '--L{ _� Pm6TRNN 9RIOG E- DESLU IGN N 9E �7EAMIHm` a C ❑ ❑ C ❑ ❑ ❑ I- _ ❑ C_1 __1 ❑ ❑ ❑1 ❑ Ell] 1 . SPRUCE AVE. SOUTH ELEVATION NOT TO SCALE FUTURE 1300 BRISTOL -- - ® ■ , W �LI� ®�® �® ® -F ■ OLD•, 0 0 0[Q ■ gim PEUESTI9hN8R19GE • DESIGN TO 9E OEiERMIr4E0 Y L n L7'I ■ ®, y SPRUCE AVE. = °, ` ] M. ❑ ❑ ❑ ❑ C C n f NORTH ELEVATION NOT TO SCALE f ■19 _ =� :. B • L - JL — - - ❑❑ 0 ®� �� ❑ BRISTOL ST. BRISTOL ST.: is f"!I. ...1 WEST ELEVATION NOT TO SCALE EAST ELEVATION NOT TO SCALE DRAWING SCALE SHEET INDEX CIVIL ENGINEER: CIVIL ENGINEER ARCHITECTUREIPIANNING PREPARED BY PREPARED FOR TITLE FIRE MASTER PLATY MASTER `I DATE N GRAPHIC SCALE ao• Ea F-1 F-2 F-3 F-0 COVER SHEET OVERALL FIRE MASTER PLAN LAYOUT AT GRADE LEVEL 2& LEVEL 6 LAYOUTS BUILDING ELEVATIONS L 1 F E IS A P E S Inea.nas+on.I Inc + T� T iresu'- UPPER LEVEL FLOORPLANS 08/10/2023 snEEr: +` PICERNEGROUP 1400 BRISTOL STREET NORTH 1 inch = 30 ft. 4930 CAMPUS DRIVE NEWPORT BEACH, CA 92660 801 N PARKCENTER DRIVE SANTA ANA, CA 92705 Ae°X1}�strs 19782 MACARTHUR BLVD. SUITE 300 IRVINE, CA 92612 28486 AIROSO STREET RANCHO MISSION VIEJO, CA 92694 5000 BIRCH ST. EAST TOWER, SUITE 600 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA PARCEL NO.: 427-332-02 F 4 P: 949.476.8888 P: 714.560.8643 P:949.862.0270 OFFICE: I949)240.5911 P: 949.267.1573 NEWPORT BEACH FIRE DEPARTMENT The use of these plans and specifications shall be resldoted to the original site for which they were prepared and publication thereof is expressly limited 0 such use. Repreduotion, publiw Non, or re -use by any method, In whole or In pad without the express consent of FIRESAFE PLANNING SOLUTIONS Is Prohibited