HomeMy WebLinkAbout4.0_Residences at 1600 Dove Street_PA2022-0297CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 23, 2024
Agenda Item No. 4
SUBJECT: Residences at 1600 Dove Street (PA2022-0297)
▪General Plan Amendment
▪Affordable Housing Implementation Plan
▪Traffic Study
▪Development Agreement
▪Environmental Impact Report Addendum
SITE LOCATION: 1600 Dove Street
APPLICANT: The Picerne Group
OWNERS: 1600 Dove LP and GS 1600 Dove LLC
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234, lwestmoreland@newportbeachca.gov
PROJECT SUMMARY
The Applicant is requesting approval of a General Plan Amendment (GPA), Affordable
Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for
the future development of a multi-unit residential project consisting of up to 282 dwelling
units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is
included in this application. The Project would require a future Site Development Review
by the Planning Commission prior to building permit issuance.
RECOMMENDATION
1)Conduct a public hearing;
2)Find that potential environmental impacts have been previously mitigated through
the implementation of the policies of the General Plan as evaluated in Program
Environmental Impact Report for the 2006 General Plan Update (SCH No.
2006011119), and the City of Newport Beach Housing Element Initial
Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an
addendum to the previously adopted PEIR is the appropriate environmental
documentation for the Project; and
3)Adopt Resolution No. PC2024-008 (Attachment No. PC 1) recommending the City
Council adoption of Environmental Impact Report Addendum No. 9, and approval of
General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study,
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and Development Agreement, for the Project located at 1600 Dove Street (PA2022-
0297).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed Use Horizontal
(MU-H2)
Newport Place Planned
Community (PC-11) Office
NORTH MU-H2 PC-11 350-unit Newport Crossings
(graded site)
SOUTH MU-H2 PC-11 Parking structure and office
EAST MU-H2 PC-11 Medical office
WEST General Commercial
Office (CO-G)/MU-H2 PC-11 Office
Project Site
3
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INTRODUCTION
Project Setting
The 2.49-acre project site is located within the Residential Overlay zone of Newport
Place Planned Community (PC-11) and currently improved with one 4-story, 60,675-
square-foot office building and a surface parking lot. The property is somewhat
rectangular in shape, with a primary frontage on Dove Street to the west, bordered by
the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way
to the north, Dolphin-Striker Way to the south, and an existing commercial development
to the east.
Project Description
The Applicant, the Picerne Group, seeks the following approvals that would allow future
development of a seven-story, multiple-unit residential development consisting of up to
282 apartment units:
• General Plan Amendment (GPA)- A request to add 49 dwelling units above
the current General Plan allowance for the Airport Area, and amend Anomaly
12 of the General Plan Table LU2 (Anomaly Locations) allocating the 49
residential dwelling units to the Property;
• Affordable Housing Implementation Plan (AHIP)- A plan specifying how the
Project would meet the City’s affordable housing requirements, in exchange for
a request of 50% increase in density including a request for three development
standard waivers related to height, park dedication requirement, and overall
residential density along with two development concessions related to the
payment of park in-lieu fees and affordable unit mix pursuant to Chapter 20.32
(Density Bonus) of the Newport Beach Municipal Code 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 to provide negotiated public
benefits to the City;
• Addendum to the 2006 General Plan Update Program Environmental
Impact Report (Addendum No. 9) - 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.
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The applicant has provided conceptual exhibits showing the anticipated design types
and possible site plan that may be presented as part of the future Project (Attachment
4). Figures 1 and 2 show the conceptual plans. Should the applications be approved by
the City Council, future development of the Project would be required to comply with the
Residential Overlay development standards set forth in the PC-11 and subject to Site
Development review by the Planning Commission. The applicant’s full project description
and letters of support are provided as Attachment No. PC 2.
Figure 1: Conceptual Site Plan
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Figure 2: Conceptual Elevations
DISCUSSION
General Plan Consistency
The subject property is located in the Airport Area and is currently designated as Mixed
Use Horizontal 2 (MU-H2) by the General Plan Land Use Element. The Mixed-Use
Horizontal 2 (MU-H2) designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed-use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses to a majority of
properties in the Airport Area. The MU-H2 designation also 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) are not included in the 2,200-unit policy allowance.
While the proposed Project is allowed by the General Plan, the applicant is requesting
an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to
increase the number of dwelling units allocated to the project site by 49 dwelling units,
for a total of 188 dwelling units. The base density currently allotted to the property is 139
dwelling units. This density is based on the conversion of the existing 60,675-square-
foot office building, consistent with the City’s adopted land use conversion factors. The
applicant also proposes a 50% density bonus to increase the total unit count to 282
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pursuant to Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus)
and Government Code Section 65915 (Density Bonus Law). The dwelling unit
calculations are summarized below in Table 1.
Table 1 – Dwelling Unit Summary
Units Based on Existing Nonresidential Uses 139
Additional Units Requested via GPA 49
Total Base Units 188
Density Bonus (50%) 94
Total Units Allowed 282
Total Units Proposed 282
Presently, there are a total of 209 units remaining and available to be entitled in the
Airport Area 2,200-unit policy allowance. The requested 49 GPA units would be in
addition to the 2,200-unit policy allowance. With the approval of this project, there would
be 70 (209-139=70) 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 2
below.
Table 2 - 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
Residences at 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
Residences at 1400 Bristol 89 0 0 89 77 229**
Residences at 1401 Quail 52 0 0 52 15 67
Projects Under Review
Residences at 1600 Dove 139 0 0 139 94 282***
Remaining Development Allocation 70 0 70
*Project totals reflect actual proposed project inclusive of density bonus units and any 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.
**Total includes GPA for 64 dwelling units.
***Total includes GPA for 49 dwelling units.
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The future residential development as envisioned is consistent with existing surrounding
uses and planned land uses identified by the General Plan, as it would introduce
additional residential land uses in the Airport Area which includes a diverse mix of land
uses including the gradual multiple residential opportunities.
The GPA to increase dwelling units 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 building on-site was built in the 1970’s and there
are sufficient office facilities in the Airport Area to support the business needs of the
community. The Project would increase the City’s housing stock including the provision
of 28 units that will be affordable to lower incomes.
The General Plan contains a number of policies that provide for the orderly evolution of
the Airport Area, from a business park to a mixed-use district with cohesive residential
villages integrated within the existing fabric of office, industrial, retail, and airport-related
businesses. This project site was identified as a site for mixed-use development within
the General Plan.
Housing Element
The Housing Element identifies adequate sites to accommodate its fair share allocation
for the 6th Cycle Housing Element to accommodate housing growth needs by income
categories. The project site is identified as a Housing Inventory Site 80. 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 Regional Housing needs
Allocation (RHNA). Ultimately, the anticipated residential development implements the
certified Housing Element and aids the City in its goal to provide new housing
opportunities.
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Airport Land Use Commission Consistency Determination
The project site 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 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 June 20, 2024.
Staff believes the Project is consistent with the requirements and standards in the
AELUP. The project site is located within the 60 decibel (dBA) community noise
equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the
General Plan and in the AELUP, where residential development is allowed.
Additionally, the subject site is located within John Wayne Airport Safety Zone 6 which
allows residential uses. Lastly, the future residential development at the subject site will
be required to comply with the noise-related development standards set forth in Section
20.30.080(F) of the NBMC applicable to residential uses proximate to John Wayne
Airport.
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 except as
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waived through the Affordable Housing Implementation Plan (AHIP) pursuant to State
Density Bonus Law and NBMC Section 20.42 (Density Bonus) (see AHIP discussion
below).
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
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as “Prior Amendments” for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
The Project is the second 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 49 additional dwelling units and no change in the
square footage of non-residential floor area. Density bonus units are not included in
Charter Section 423 analysis nor the General Plan Anomaly calculations.
The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and
19 p.m. peak hour trips based on the “Multifamily Housing (Mid Rise) Not Close to Rail”
ITE 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. A summary of the analysis is
provided below in Table 3.
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Table 3 – Charter 423 Analysis
Projects Description Thresholds
Nonresidential
SF Change
Dwelling
Unit
Change
AM Peak
Hour
Change
PM Peak
Hour
Change
Prior Amendments
Residences at 1400
Bristol Street
(PA 2022-0296)
Approved April 9, 2024
General Commercial (CO-G)
to Mixed-Use Horizontal (MU-
H2) and GPA for 64 additional
units
0 64 24 25
100% Totals 0 64 24 25
80% Totals 0 51 19 2
Remaining Capacity
Without a Vote
40,000 49 66 65
Residences at 1600
Dove Street
(Subject Project)
GPA for 49 additional units 0 49 18 19
Thresholds
Exceeded?
- No No No
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.
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 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 February 23, 2023.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until after the 90-day period, which expired on 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.
Newport Place Planned Community (Zoning Code) Consistency
The project site is located within the Newport Place Planned Community (PC-11) in the
Residential Overlay.
The Overlay allows for multi-unit residential development as a stand-alone use provided
that it includes a minimum of 15% of the base density for lower income households. The
future development project, as currently proposed, would provide this minimum number
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of affordable units by providing 28 dwelling units as affordable for very-low-income
households (188 base units x 15% = 28.2 = 28 units). The Overlay also contains
development standards for multi-unit 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 139 base units or 55.8 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 75.5 dwelling
units per acre. The overall density of the project including the density bonus units is 113
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. Furthermore, the
proposed building will likely exceed the 55-foot maximum height allowed by PC-11, and
therefore a development standard waiver is requested for this height restriction to allow
future development of up to 100 feet.
The future residential development is subject to a Major Site Development Review and
will be required to comply with all other development standards of the PC-11 Residential
Overlay.
Affordable Housing Implementation Plan
The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP),
dated April 22, 2024 (Exhibit D 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 NBMC Chapter 20.32
(Density Bonus Code) and Government Code Section 65915-65918 (Density Bonus
Law). Because the Project has not been designed yet, additional incentives or
development standards may be requested as part of a future site development review
and subject to approval of any changes through an AHIP amendment.
Consistent with the affordable housing requirements of the Residential Overlay, 15% or
28 units of the Project’s 188 base units would be set aside as affordable units to very-
low-income households for 55 years.
Incentive/Concession Requests:
The 15% allocation of very-low-income households makes the Project entitled to a
density bonus of 50% (94 units) above the maximum number of units allowed by the
General Plan and requested GPA increase.
In addition to the 94 density bonus units requested, the Project is entitled to receive
three incentives or concessions that would result in identifiable, financially sufficient,
and actual cost reductions. The applicant requests the following two incentives at this
time:
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1. 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 0.50 acre of
land for a neighborhood park or pay an in-lieu fee for the City to acquire and
improve parks in the Airport Area. The applicant is required to pay $1,837,500 for
the in-lieu park fee (0.50-acre park equivalent). The Applicant is contributing
approximately $714,212 for this purpose; therefore, an incentive/concession is
required to waive the remaining fee. The reduction in park in-lieu fees would
allow the applicant to contribute to the overall fund for parks in the Airport Area,
while providing 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 pursuant
to Density Bonus Law.
2. 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 and financial concessions, the Project is entitled to
receive unlimited waivers or reductions of development standards, including parking
reductions, 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 three development standards:
1. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires
a public park equal to 8% of the gross land area of the development, or a
minimum one-half acre, whichever is greater, be provided. In this case, the 2.49-
acre project site is too small to feasibly accommodate a half-acre park. The City
has granted this dedication waiver four times previously with the Newport Airport
Village Planned Community, the Residences at 1300 Bristol Street, Residences
at 1400 Bristol, and Residences at 1401 Quail projects.
2. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-11 limits
residential density between 30-50 units per acre. Inclusive of only the conversion
units, the density would not comply at 55.8 dwelling units per acre. Including the
proposed GPA units, the conversion units, and density bonus the resulting
density would be 113 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 three times with the Newport Airport Village
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Planned Community, the Residences at 1300 Bristol Street, and Residences at
1400 Bristol projects.
3. Building height. The Newport Place Planned Community (PC-11) limits building
height to 55 feet from established grade. In this case, a higher building height is
necessary to accommodate 282 residential units within seven stories. The
Project is anticipated to have a height of 100 feet from established grade.
Fiscal Impact Analysis
Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was
prepared for the project by Applied Development Economics dated April 17, 2024
(Attachment PC 3). 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 future residential rental project would generate a positive
fiscal impact for the City, compared to the negative fiscal impact of the existing office
use of the site. Annually, the existing office use generates a negative fiscal impact of
about $104,661 per year and the residential development would anticipate generating a
positive fiscal impact of approximately $41,732. This is based on the expected socio-
economic profile of the future tenants. A positive fiscal impact for a for-rent property is
not consistent with the original fiscal analysis of residential uses in the 2006 General
Plan, although in recent years some other very high value luxury residential projects
have shown a positive fiscal benefit. If the anticipated resident profile (i.e. demographic
profile of residents) turns out to be more like the average Newport Beach demographic
(e.g. older population), or if it changes in that direction over time, then the residential
development would have a lower, or possibly negative impact on the City budget.
However, even so, the 2006 General Plan anticipated an increased development
potential for commercial and lodging uses, in addition to the new residential units it
would permit. The net impact of the growth in land uses at buildout of the General Plan
compared to existing land uses in 2006 when the plan was adopted, would result in a
positive fiscal impact for the General Fund of $21.7 million per year.1 Thus, any
negative fiscal impacts of future residential development can potentially be mitigated as
long as commercial development keeps pace elsewhere throughout the City.
Development Agreement
In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the
NBMC, a development agreement is required as the proposed project includes a
General Plan Amendment and the development of 50 or more residential units.
Additionally, the project will be required to pay public benefit fees as part of the
1 Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3.
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Development Agreement. The project would also provide much needed housing
opportunities in the City in furtherance of the certified Housing Element including 28
rental units affordable to very-low income households.
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 project while encouraging a commitment to private participation in
comprehensive planning. Staff supports the requested 10-year term.
The DA provides vested rights to develop the project and the City will finalize the
payment of negotiated public benefit fees per each residential dwelling unit. The total
fee will have three components: a public safety fee, a reduced park in-lieu fee, and a
general public benefit fee (Table 4, below). The public safety fee will assist the City with
the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that
will serve this area or other public safety needs. The park fee will be used consistent
with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and
development of a neighborhood park in the Airport Area. The public benefit fee will be
used solely at the City Council’s discretion. The public benefit fee would be subject to
annual adjustments, based on the CPI Index after two years, and would be payable at
building permit issuance or prior to occupancy.
Table 4: Projected Public Benefit Fees
Category Fee
Public Safety $285,760
Reduced Park In-Lieu $714,212
General Public Benefit $3,555,268
Total $4,555,240
Finally, the agreement includes all mandatory elements, including public benefits that
are appropriate to support conveying the vested development rights consistent with the
City’s General Plan, NBMC, and Government Code Sections 65864 et seq.
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 August 14, 2023 (Exhibit F 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 traffic study
is focused on the conditions one year after project occupancy, or five years after project
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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 Traffic Study provides an evaluation of morning and evening peak hours at 14
existing intersections that are located in the City and the adjoining City of Irvine. The
Project is projected to generate an additional (i.e. net increase of) 622 daily trips,
including 12 peak a.m. trips and 22 peak p.m. trips. When these trips 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
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 (EIR). 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:
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1. Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
or
3. New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
The City contracted with an environmental consultant (Psomas, Inc.) 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/ceqa. 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
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Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 18
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 for the AHIP and TPO Study. The proposed Project is consistent with the
existing 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 and AELUP.
The existing Newport Place Residential Overlay allows multi-unit uses subject to
approval of a site development review, which would be requested once the Project is
designed. The site development review will ensure the design of the future project will
be implemented consistent with all applicable development and design standards.
Ultimately, the Project will lead to the redevelopment of underperforming office with a
multi-unit residential apartment development that will include affordable units consistent
with the Overlay and in furtherance of the adopted 6th Cycle Housing Element.
Alternatives
1. The Planning Commission has the discretion to recommend changes to the
proposed Project to address any areas of concern.
2. The Planning Commission can also recommend denial if the Project’s
consistency with the MU-H2 and/or other applicable Airport Area policies are not
in evidence. 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.
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Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 19
b. There is no feasible method to satisfactorily mitigate or avoid the adverse
impact without rendering the development unaffordable to affordable
households financially infeasible.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the city website.
Prepared by: Submitted by:
____________________________
Liz Westmoreland, AICP
Senior Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description and Letters of Support
PC 3 Fiscal Impact Memorandum
PC 4 Conceptual Exhibits
20
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
21
INTENTIONALLY BLANK PAGE22
RESOLUTION NO. PC2024-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, RECOMMENDING CITY COUNCIL
ADOPTION OF A GENERAL PLAN AMENDMENT, AFFORDABLE
HOUSING IMPLEMENTATION PLAN, DEVELOPMENT
AGREEMENT, ENVIRONMENTAL IMPACT REPORT
ADDENDUM NO. 9 TO THE 2006 GENERAL PLAN UPDATE
PROGRAM ENVIRONMENTAL IMPACT REPORT AND 2008-2014
CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE
INITIAL STUDY/NEGATIVE DECLARATION, AND TRAFFIC
STUDY FOR THE RESIDENCES AT 1600 DOVE PROJECT
LOCATED AT 1600 DOVE STREET (PA2022-0297)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by The Picerne Group (“Applicant”), with respect to the property
located at 1600 Dove Street, and legally described in Exhibit “A,” which is attached hereto
and incorporated by reference (“Property”).
2.The Applicant requests approvals to that would allow future development of a seven-story
apartment complex consisting of up to 282 apartment units (“Project”), which requires the
following approvals:
•General Plan Amendment (“GPA”)- A request to add 49 dwelling units above the
General Plan allowance, and amend Anomaly Number 12 of the General Plan Table
LU2 (Anomaly Locations) to allow 49 residential dwelling units at the Property;
•Affordable Housing Implementation Plan (“AHIP”)- A preliminary plan specifying
how the Project would meet the City’s affordable housing requirements, in exchange
for a request of 50% increase in density including a request for three development
standard waivers related to height, park dedication requirement, and overall residential
density along with two development concessions related to the payment of park in-lieu
fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport
Beach Municipal Code (“NBMC”) and Government Code Section 65915 et seq. (“State
Density Bonus Law”);
•Development Agreement (“DA”) – A development agreement 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;
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•Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance)
of the NBMC.
•Addendum to the 2006 General Plan Update Program Environmental Impact
Report (“Addendum No. 9”) - Pursuant to the California Environmental Quality Act
(“CEQA”), the Addendum addresses reasonably foreseeable environmental impacts
resulting from the Project; and
3.The Property is designated Mixed-Use Horizontal 2 (MU-H2) by the General Plan Land
Use Element and located within the Newport Place Planned Community (PC-11) Zoning
District Professional and Business Office Site 7.
4.The Property is not located within the coastal zone, therefore amending the Local Coastal
Program or obtaining a coastal development permit is not required.
5.A public hearing was held on May 23, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing
was given in accordance with Government Code Section 54950 et seq. (“Ralph M.
Brown Act”), and Chapter 15.45 (Development Agreements), 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.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). The EIR was prepared in compliance with
California Public Resources Code Section 21000 et seq. and its implementing State
regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter
3 (“CEQA Guidelines”) and City Council Policy K-3. Additionally, in accordance with
Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program
Environmental Impact Report (“PEIR”). This PEIR analyzed the potential impacts of a
citywide land use plan and the goals and policies of 10 general plan elements.
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
and its associated Housing Element and Initial Study/Negative Declaration under CEQA.
3.The City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007
and July 24th, 2012, respectively, approving Addenda Nos. 1 and 2 to the 2006 General
Plan Update EIR to analyze changes to the development intensities within the North
Newport Center Planned Community (“NNCPC”) Development Plan.
4.The City Council adopted Resolution No. 2020-78 on September 8, 2020, approving
Addendum No. 3 (ER2020-002), 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
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4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from Airport Office
and Supporting Uses (AO) to Mixed -Use Horizontal 2 (MU-H2) and amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling
units, exclusive of any permitted density bonus, and 297,572 square feet of commercial
uses. No analysis specific to the Property was included in Addendum No. 3.
5.The City Council adopted Resolution No. 2021-2 on January 26, 2021, approving
Addendum No. 4 (ER2020-003), 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.
6.The City Council adopted Resolution No. 2022-19 on March 22, 2022, approving
Addendum No. 5 (ER2022-001), to the PEIR to approve the Residences at 1300 Bristol
Street Project. No analysis specific to the Property was included in Addendum No. 5.
7.The Planning Commission approved Resolution No. PC2022-011 on May 12, 2022,
approving Addendum No. 6 (ER2022-002), to the PEIR to approve the Ritz Carlton
Residences Project. No analysis specific to the Property was included in Addendum No.
6.
8.The City Council approved Resolution No. 2024-22 on April 9, 2024, approving Addendum
No. 7 (PA2022-0296) to the PEIR to approve the Residences at 1400 Bristol Project. No
analysis specific to the Property was included in Addendum No. 7.
9.The City Council approved Resolution No. 2024-25 on April 9, 2024, approving Addendum
No. 8 (PA2022-0040), to the PEIR for the consideration of the Residences at 1401 Quail
Street Project. No analysis specific to the Property was included in Addendum No. 8.
10.Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent
EIR is required unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
a.Substantial changes are proposed in the Project which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
b.Substantial changes occur with respect to the circumstances under which the Project
is undertaken which will require major revisions of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
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c.New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete, shows any of the following:
i.The project will have one or more significant effects not discussed in the previous
EIR;
ii.Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
iii.Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the Project, but the Project proponents decline to adopt the mitigation measure
or alternative; or
iv.Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the Project proponents decline to adopt the
mitigation measure or alternative.
11.Addendum No. 9 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.
12.The following environmental topics were analyzed for the Project: Aesthetics, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing,
Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and
Service Systems, and Wildfire. The Addendum includes analysis of new topics that were
not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and
Tribal Cultural Resources section. These additional analyses are appropriate for
inclusion in Addendum No. 9, but none result in new or increased significant impacts
that would require preparation of a subsequent EIR pursuant to Section 15162 of the
CEQA Guidelines.
13.On the basis of the PEIR and entire environmental review record, including Addenda
Nos. 1-9, the Project (inclusive of recommended conditions of approval) will not result
in any new significant impacts that were not previously analyzed in the PEIR, Addenda
Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. Addendum No. 9, which is attached hereto as
Exhibit B and includes Addenda Nos. 1-8, confirms and provides substantial evidence
that the potential impacts associated with this Project would either be the same or less
than those described in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the
PEIR. In addition, there are no substantial changes to the circumstances under which
the Project would be undertaken that would result in new or more severe environmental
impacts than previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7
and 8 to the PEIR nor has any new information regarding the potential for new or more
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severe significant environmental impacts been identified. Therefore, in accordance with
Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR,
including Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR is the appropriate
environmental document for the Project. In taking action to approve any of the requested
applications for the Project, the data presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5,
6, 7, and 8 to the PEIR as augmented by Addendum No. 9 for this Project, are
considered part of the record.
14.Addendum No. 9 is hereby recommended for approval by the Planning Commission given
its analysis and conclusions. Addendum No. 9 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.
15.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 approval of such amendments.
Finding and Facts in Support of Findings:
1.The Property is designated Mixed Use Horizontal 2 (MU-H2) by the General Plan. The
Mixed-Use Horizontal 2 (MU-H2) designation applies to properties located in the Airport
Area. It provides for a horizontal intermixing of uses that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses. No changes are proposed to the
underlying land use designation of the Property.
2.The GPA and the resulting increase in dwelling units is compatible with the existing
surrounding uses and planned land uses identified by the General Plan, because the
Project would introduce additional residential units in the Airport Area, within an area
that already allows residential development. The Airport Area includes a diverse mix of
land uses including the gradual development of residential multifamily dwellings. The
additional residential development would consolidate growth and support commercial
properties within the Airport Area.
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3.The requested GPA to add 49 dwelling units within the Mixed-Use Horizontal 2 (MU-H2)
designation does not eliminate existing or future land uses to the overall detriment of the
community given the site’s size, location, and surrounding uses. The existing office
building on-site was built in the 1970’s and there are sufficient office facilities in the
Airport Area to support the business needs of the community. The proposed change to
allow additional residential density would increase the City’s housing stock including the
provision of units that will be affordable to lower incomes, as required by the PC-11
Residential Overlay.
4.The Property is located in an area of the city that has sufficient utility systems to serve
the Project. No off-site improvements other than typical utility connections are currently
proposed or required as part of the Project.
5.The Project is consistent with the following City of Newport Beach General Plan policies
that establish fundamental criteria for the formation and implementation of new
residential villages in the Airport Area with additional policy analysis included in the EIR
Addendum No. 9:
a.Land Use Element Policy LU 1.1 (Unique Environment): Maintain and enhance the
beneficial and unique character of the different neighborhoods, business districts,
and harbor that together identify Newport Beach. Locate and design development to
reflect Newport Beach’s topography, architectural diversity, and view sheds.
The Project enhances the distinct, urban character of the Airport Area by providing
a means for replacing parking lots and a 1970’s era office building with functional
residential development, in line with the General Plan goal of transitioning the Airport
Area to a mixed-use community. The Property is not in or near any of the City’s areas
that feature the harbor, unique topography, or view sheds. The proposed project
would introduce residential units to the Property consistent with the uses and
urbanized character of the Airport Area and the existing Mixed-Use Horizontal 2 (MU-
H2) designation.
b.Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide
opportunities for the development of residential units that respond to community and
regional needs in terms of density, size, location, and cost. Implement goals, policies,
programs, and objectives identified within the City’s Housing Element.
The Project includes up to 282 multi-family residential units, inclusive of 139 base
units from the conversion of 60,675-square-foot office building, 49 added units from
the requested GPA, and 94 units from the requested 50% density bonus. Of the 282
residential units, 28 or 15% will be set aside 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
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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
pursuant to Government Code Section 65302.3 and Public Utilities Code Section
21676. The purpose of ALUC’s review is to determine whether the Project is
consistent with the AELUP prior to the City Council taking action on the Project. The
Project is located within the City’s updated 60 decibel (“dBA”) community noise
equivalent level (“CNEL”) contour as shown in Figure N5 of the Noise Element of the
General Plan as well as the 60 dBA contour identified in the AELUP, where
residential development is allowed. As a result, the Project will be required to comply
with the development standards set forth in Section 20.30.080(F) (Residential Use
Proximate to John Wayne Airport) of the NBMC. Further, the Project site is located
within Safety Zone 6, which allows residential development.
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 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 within the updated 60 dBA CNEL contour as shown in Figure
N5 of the Noise Element of the General Plan as well as the 60 dBA contour of the
AELUP, where residential development is allowed, subject to the development
standards set forth in Section 20.30.080(F) (Residential Use Proximate to John
Wayne Airport) of the NBMC.
e.Land Use Element Policy LU 6.15.5 (Residential and Supporting Uses).
Accommodate the development of a maximum of 2,200 multi-family residential units,
including work force housing, and mixed-use buildings that integrate residential with
ground level office or retail uses, along with supporting retail, grocery stores, and
parklands. Residential units may be developed only as the replacement of underlying
permitted nonresidential uses. When a development phase includes a mix of
residential and nonresidential uses or replaces existing industrial uses, the number
of peak hour trips generated by cumulative development of the site shall not exceed
the number of trips that would result from development of the underlying permitted
nonresidential uses. However, a maximum of 550 units may be developed as infill
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on surface parking lots or areas not used as occupiable buildings on properties within
the Conceptual Development Plan Area depicted on Figure LU22 provided that the
parking is replaced on site.
General Plan Land Use Policy LU 6.15.5 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 Section 65915 (Density Bonus Law) and Chapter 20.32 (Density
Bonus) of the NBMC are not included in the 2,200-unit allowance.
The 550 additive units have been previously allocated to the Uptown Newport and
Residences at 4400 Von Karman projects. Considering the dwelling unit sum of the
previously approved projects, the remaining and available development allocation
within the Airport Area would be 209 dwelling units. With the development of this
Project, there would be 70 dwelling units (209-139=70) remaining, exclusive of
density bonus units and units authorized through a GPA.
The Property is developed with an existing 4-story commercial office building totaling
60,675 square feet. Since the Project can be developed only as the replacement of
the underlying nonresidential office use (without a GPA), and the number of peak
hour trips generated by cumulative development of the Property shall not exceed the
number of trips that would result from development of the underlying permitted
nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet
of commercial floor area is required. This results in a total of 139 dwelling units. The
Project includes a request for a GPA to increase the base units by 49 dwelling units,
which results in a total base unit count of 188 dwelling units. With the application of
a 50% density bonus (i.e. 94 units), a maximum of 282 units could be constructed.
f.Land Use Element Policy LU 6.15.6 (Size of Residential Villages). Allow
development of mixed-use residential villages, each containing a minimum of 10
acres and centered on a neighborhood park and other amenities (as conceptually
illustrated in Figure LU23). The first phase of residential development in each village
shall encompass at least 5 gross acres of land, exclusive of existing rights-of-way.
This acreage may include multiple parcels provided that they are contiguous or face
one another across an existing street. At the discretion of the City, this acreage may
also include part of a contiguous property in a different land use category, if the City
finds that a sufficient portion of the contiguous property is used to provide functionally
proximate parking, open space, or other amenity. The “Conceptual Development
Plan” area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a
conceptual development plan described in Policy LU 6.15.11 shall be required.
The Property is 2.49 acres in size. The Residential Overlay of PC-11 allows
residential development on sites containing less than 10 acres if housing units
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affordable to lower income households are provided. The Project will allocate a
minimum of 15% of the base dwelling units as affordable for very-low income
households. Therefore, the Project will be exempt from General Plan 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 188 base units at a density of 75.5 dwelling units per acre on
the 2.49 net-acre site. A waiver from Land Use Policy LU 6.15.7 regarding maximum
density is requested as part of the AHIP. The base density does not include the 50%
density bonus (94 units) that is allowed by the State Bonus Density law and Section
20.32 (Density Bonus) of the NBMC. Altogether, the Project would reach an overall
maximum density of 113 dwelling units per acre, which is exclusive of rights-of-ways,
public pedestrian ways, and neighborhood parks.
The Project is a for rent apartment building with up to 282 units. There will be a
mixture of unit types, ranging from studios to two-bedroom units, and possibly 3-
bedroom units, accommodating a variety of household types and incomes. Of the
dwelling units, 28 units will be affordable to very-low income households and the
remaining units will be market-rate housing, which will increase the City’s overall
housing stock for various household income levels.
h.Land Use Policy LU 6.15.8 (First Phase Development Density). Require a
residential density of 45 to 50 units per net acre, averaged over the first phase for
each residential village. This shall be applied to 100 percent of properties in the first
phase development area whether developed exclusively for residential or integrating
service commercial horizontally on the site or vertically within a mixed-use building.
On individual sites, housing development may exceed or be below this density to
encourage a mix of housing types, provided that the average density for the area
encompassed by the first phase is achieved.
The Project would be developed in one phase on an individual site with a maximum
density of 113 units per acre. The Project provides a mixture of residential unit types
that include 28 units of affordable housing to very-low-income households. The
proposed density is above the required minimum of 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 6.15.9 (Subsequent Phase Development Location and
Density). Subsequent phases of residential development shall abut the first phase or
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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.
Tribal Consultation (SB18)
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 February 23, 2023.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until after the 90-day period, which expired on 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 more than
100 units. These thresholds apply to the total of increases resulting from the amendment itself,
plus 80% of the increases resulting from other amendments affecting the same neighborhood
(defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted
within the preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed
amendments to the General Plan be reviewed to determine if a vote of the Newport Beach
electorate would be required. This policy includes a provision that all General Plan
amendments be tracked as “Prior Amendments” for 10 years to determine if minor amendments
in a single Statistical Area cumulatively exceed the thresholds indicated above.
Facts in Support of Findings:
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Planning Commission Resolution No. PC2024-008
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1.The Project is the second General Plan Amendment in Statistical Area L4 within the last 10
years that included additional dwelling units or non-residential floor area. The proposed
amendment results in 49 additional dwelling units and no change in the square footage of
non-residential floor area. Conversions of existing commercial development is allowed by
the current General Plan (2,200 in-fill units maximum in the Airport Area based on
conversion of existing commercial floor area). Reductions in commercial floor area are not
tracked as part of the Charter Section 423 analysis. Density bonus units are not included in
Charter Section 423 analysis nor the General Plan Anomaly calculations.
2.The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19
p.m. peak hour trips based on the “Multifamily Housing (Mid Rise) Not Close to Rail” ITE
11th Edition trip rate for the proposed use, as provided in Council Policy A-18. No credit is
given to the existing non-residential uses on-site because the existing office floor area was
converted to residential dwelling units so that the proposed Project (less the density bonus
and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the
Greenlight thresholds.
3.There has been one other relevant GPA within Statistical Area L4 within the last 10 years,
which resulted in an increase of 64 dwelling units at 1400 Bristol Street (PA2022-0296).
Considering 80% of the prior amendments (80% of 64 dwelling units) results in 51 dwelling
units. The Project includes a GPA for 49 dwelling units. Therefore, cumulative development
of 80% of prior GPAs from the last 10 years coupled with the Project results in an increase
of 100 dwelling units. In terms of peak hour trips, the prior GPA resulted in a net increase
of 24 a.m. peak hour trips and 25 p.m. peak hour trips. Considering 80% of the prior
amendment, results in 19 and 20 a.m. and p.m. peak hour trips, respectively. Therefore,
cumulative development of 80% of prior GPAs from the last 10 years coupled with the
proposed project results in a change of 37 and 39 a.m. and p.m. peak hour trips,
respectively. As none of the thresholds specified by Charter Section 423 are exceeded, no
vote of the electorate is required if the City Council chooses to approve the requested GPA.
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 Chapter
20.32 (Density Bonus) of the NBMC for the following reasons:
1.Consistent with the requested 50% density bonus, 28 units (15% of the base units) would
be set aside as affordable units to lower income households. Lower income households are
defined as households with 80% or less of the area median income, adjusted for family size
for minimum term of 55 years for very low-income households. The Project is consistent the
provisions of the Residential Overlay of 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 Chapter 20.32 (Density Bonus) provide for an increase
in the number of units above the General Plan and zoning limits for projects that include a
minimum of 15% of the base units affordable to very-low-income households earning 50%
or less of area median income. The Project’s inclusion of 28 very-low-income units, which
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Planning Commission Resolution No. PC2024-008
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is 15% of the base unit count of 188 units makes the Project eligible for 94 additional units.
Inclusive of all base units, density bonus units, and affordable units the total project includes
282 units.
3.In addition to the 94 density bonus units, the Project is entitled under California Government
Code Section 65915(d) and Section 20.32.070 of the NBMC, to receive up to three
incentives or concessions that would result in identifiable, financially sufficient, and actual
cost reductions. The Project includes a development concession for the proposed
affordable unit mix that does not meet Section 20.32.070 (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
residential development as a whole. In this case, the Project would provide a higher
percentage of affordable studio units and fewer affordable two-bedroom units and three-
bedroom compared to market rate units. Granting this incentive will result in identifiable,
financially sufficient, and actual project cost reductions by reducing the long-term rental
subsidy costs associated with the two- and three-bedroom units and affording additional
rental income for the project to ensure financial feasibility.
The Project includes a second development concession to waive a portion of the required
in-lieu park fee for a half-acre park. The reduction in park in-lieu fees would allow the
Applicant to contribute to the overall fund for parks in the Airport Area, while providing
identifiable cost reduction that make the provision of affordable units feasible.
4.In addition to the density bonus units and qualified concessions, the Project is entitled under
California Government Code Section 65915(e), Section 20.32.080 of the NBMC, and recent
caselaw to receive waivers or reductions of development standards where application of
the development standard would physically preclude construction of a density bonus
project. In this case, the following development standards are entitled to a waiver:
a.Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public
park equal to 8% of the gross land area of the development, or a minimum one-half acre,
whichever is greater, be provided. In this case, the 2.49-acre Project site is too small to
feasibly accommodate a half-acre park.
b.Residential density. General Plan Land Use Policy LU 6.15.7 and PC-11 requires
residential density between 30-50 dwelling units per acre. Inclusive of only the
conversion units, the proposed density of 55.8 dwelling units per acre would exceed the
maximum density of 50 dwelling units per acre. Including the proposed GPA units,
conversion units, and density bonus units, the Project would not comply at a density of
113 dwelling units per acre and a waiver is necessary to implement the project.
c.Building height. The Newport Place Planned Community (PC-11) limits building height
to 55 feet from established grade. In this case, a higher building height is necessary to
accommodate 282 residential units within seven stories. The Project is anticipated to
have a height of 100 feet from established grade.
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Planning Commission Resolution No. PC2024-008
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01-17-23
Traffic Study
In accordance with Section 15.40.030 (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.
Fact in Support of Finding:
A traffic study, entitled 1600 Dove Street Residences Revised Traffic Impact Analysis,
prepared by Ganddini Group, Inc., dated August 14, 2023, was prepared for the Project in
compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix
A of the NBMC.
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:
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:
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 2029, 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 14
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) 622 daily trips,
including 12 peak a.m. trips and 22 peak p.m. trips. When these trips distributed to these
studied intersections, the analysis concludes that there is no significant impact as the
Project will neither cause nor make worse an unsatisfactory level of service at any
impacted primary intersection, and all intersections are forecasted to continue to operate
at acceptable Levels of Service.
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Planning Commission Resolution No. PC2024-008
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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:
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 that includes the development of more than 50 residential units. In this case the
Project has a total of 188 base 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
base density of 139 units and 49 units from the requested 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 park fee to support the provisions of new parks in the
Airport Area and 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:
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Planning Commission Resolution No. PC2024-008
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01-17-23
1.Adopt Environmental Impact Report Addendum No. 9 to the 2006 General Plan Update
EIR (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 Affordable Housing Implementation Plan 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; and
5.Approve Traffic Study, as depicted in Exhibit “F” which is attached hereto and incorporated
by reference.
PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF MAY, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
Attachment(s): Exhibit A – Legal Description
Exhibit B – Addendum No. 9 to the 2006 General Plan Update EIR
(SCH NO. 2006011119)
Exhibit C – General Plan Amendment
Exhibit D – AHIP
Exhibit E - Development Agreement
Exhibit F – Traffic Study
Exhibit G – Conditions of Approval
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Planning Commission Resolution No. PC2024-008
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01-17-23
Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT
BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS
AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE
SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED, HOWEVER,
THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE
SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF EXPLORING FOR, OR
PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON
SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF
OFFICIAL RECORDS.
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Planning Commission Resolution No. PC2024-008
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01-17-23
Exhibit B
Addendum No. 9 to the 2006 General Plan Update EIR (SCH NO. 2006011119)
Available separately due to bulk at:
www.newportbeachca.gov/ceqa
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Planning Commission Resolution No. PC2024-008
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01-17-23
Exhibit C
General Plan Amendment
40
Table LU2 Anomaly Locations
Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (Other) Additional Information
12 L4 MU-H2 457,880 49 Dwelling Units
139 dwelling units were converted
from one existing office building totaling 60,675 square feet consistent
with LU 6.15.5 and 49 units were
added through a GPA at 1600 Dove
Street (PA2022-0297)
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Planning Commission Resolution No. PC2024-008
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01-17-23
Exhibit D
AHIP
42
1600 DOVE STREET
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS
APPLICATION
APRIL 22, 2024
Prepared by
43
1
1600 DOVE STREET
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS
APPLICATION
APRIL 22, 2024
Project Description & Affordability Level
The Picerne Group (“Picerne”) is proposing the 1600 Dove Street development (“Project”) on a
2.49 acre site located in the Newport Place Planned Community (“Property”). The site is generally
bounded by Dove Street on the South, low rise retail buildings and surface parking on the North,
an apartment community under construction on the West side and a parking structure on the East
Side. The Newport Beach General Plan designates the project site as Mixed Use Horizontal 2
(“MU-H2”) and the zoning is Planned Community 11 (“PC-11”). The site is situated in the
Residential Overlay within PC-11. A General Plan Amendment to designate additional density
(i.e., 49 additional “base” units) allocated to the Airport Area (Statistical Area L4) is proposed as
part of the overall project application. The site is currently developed as a 1970’s era four story
office building with surface parking.
The Project is planned to consist of 282 units including 188 base units and 94 density bonus units.
The Newport Place Development Standards, as revised by Council Resolution No. 2023-13 on
July 25, 2023 (“Development Standards”), provide that 15 percent of the base units within a
residential development shall be affordable to Lower Income households. Lower Income
Households, as defined in California Health and Safety Code Section 50079.5, are households
earning 80 percent or less of area median income, adjusted for family size, including both Very
Low and Low Income categories. The affordable housing requirement for this project, as required
by the Development Standards, is 29 units (15% of 188 base units).
Eligibility for Density Bonus and Compliance with Newport Place Development Standards
Affordability Requirements
Picerne will be providing 29 units (15% of base units) affordable to Very Low Income
households. This will comply with the provisions of Government Code Section 65915 applicable
to a 50% density bonus. Rents for the Very Low Income Units will be computed in accordance
with Health and Safety Code Section 50053 (“HSC Section 50053”), as required by Government
Code Section 65915(c)(1).
44
1600 Dove Street Affordable Housing Plan
April 22, 2024
2
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 Computation1
Picerne intends to operate the Project as a rental community. The 29 Very Low Income Units
will remain rent restricted for a minimum of 55 years, per Government Code Section
65915(c)(1), more than the 30-year affordability term set forth in the Development Standards
Reduction in Parking
As provided for in Government Code Sec. 65915(p) and Section 20.32.030 of the City’s Zoning
Code the 1600 Dove Street project is eligible for a reduction in parking requirements.
Government Code Section 65915(p) provides the following:
(1) Upon the request of the developer, no city, county, or city and county shall
require a vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subdivision (b), that exceeds the following
ratios:
a. Zero to one bedroom: one onsite parking space per unit
b. Two to three bedrooms: 1.5 onsite parking spaces per unit.
(2) If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number. For
purposes of this subdivision, a development may provide “onsite parking” through
tandem parking or uncovered parking, but not through street parking.
1 Per Section 423 of the City Charter, with approval of the proposed General Plan Amendment, up to an additional
100 dwelling units are permitted in the Airport Area without a vote of the electorate.
45
1600 Dove Street Affordable Housing Plan
April 22, 2024
3
Picerne requests that parking requirements be calculated in accordance with Government Code
Sec. 65915(p). A table comparing parking requirements in accordance with Government Code
Sec. 65915(p) with parking to be provided by the project will be provided in conjunction with a
future Major Site Development Review application.
Development Incentives Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City’s Zoning Code,
Picerne is entitled to three incentives or concessions due to providing at least fifteen percent (15%)
of the units as affordable for Very Low Income households. Picerne requests the following
development incentives:
1. Section V.F.1 of the Development Standards provides that “Affordable units shall
reflect the range of numbers of bedrooms provided in the residential development
project as a whole.” Picerne requests that the 29 Very Low Income units be
provided utilizing unit mixes which differ from the overall unit mixes for the
project. A table summarizing the Very Low Income units by bedroom count will
be provided in conjunction with the future Major Site Development Review
application.
2. Picerne is requesting a partial reduction of the park in-lieu fee referenced in
General Plan Policy LU 6-15.13 and in Section 19.52 of the City’s Subdivision
Code.
These incentives will result in actual and identifiable cost reductions which will provide for the
affordable rents to be set in accordance with Government Code Sec. 65915(c). Picerne reserves
the right to utilize its remaining concession or incentive should such become necessary at a future
date.
Development Standards Waiver Request
Government Code Sec. 65915(e)(1) provides that a city or county may not apply any
development standard (including height limits) that will have the effect of physically precluding
the construction of a density bonus 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
unmitigable impact on health and safety as delineated in Government Code Sec. 65589.5(d),
impact on property listed in the California Register of Historical Resources, or if the development
standards waiver would be contrary to state or federal law. The Project is eligible for an unlimited
amount of waivers to development standards that would have the effect of physically precluding
the construction of the Project at the desired density. For the proposed project, Picerne is
requesting the following development standard waivers:
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1600 Dove Street Affordable Housing Plan
April 22, 2024
4
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 2.49 acre site. The General Plan allows a waiver of its
park dedication requirement where it can be demonstrated that the development parcels are
too small to feasibly accommodate the park. Picerne therefore requests waiver of the
General Plan Policy LU 16-15.13 public park dedication requirement.
2. PC-11 Development Standards Deviation (Building Height): PC-11 development
standards limit building heights in the Residential Overlay Zone to 55 feet. Given the
constraints imposed by the street setbacks and the utilities required to serve the Property,
imposition of the 55-foot height limit would physically preclude the development of the
proposed 282 dwelling units. The proposed building height is 100 feet.
3. General Plan Land Use Policy 6.15.7 and Part III, Section II of the PC-11 zoning
regulations prescribes a residential density range of 30-50 dwelling units per acre
(“du/ac”) for projects in the Residential Overlay. The Project proposes 188 base units on
a 2.49 net acre parcel, which equates to a base density of 76 du/ac. Applicant requests a
waiver from the maximum base density standards under LU Policy 6.15.7 and the PC-11
zoning regulations in order to construct the Project at the base density sought.
Waiver of these requirements is necessary to accommodate the additional units permitted by the
density bonus. Government Code Section 65915(e)(1) requires that the waiver requests be
approved. Picerne reserves the right to request additional development standards waivers in
conjunction with its future Major Site Development Review application.
Income Limits and Examples of Eligible Tenants for Affordable Homes
Lower Income Households are defined as households whose gross income does not exceed 80%
of area median income, adjusted for household size. Table 4 below shows the maximum income
limits as determined by the U.S. Department of Housing and Urban Development and the
California Department of Housing and Community Development (“HCD”) for Lower Income
Households with household sizes appropriate for the 1600 Dove Street project:
Table 4
Maximum Income Limits
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1600 Dove Street Affordable Housing Plan
April 22, 2024
5
Higher income limits apply to larger families; those families however are not considered to be a
target market for the Project, where the unit mix consists of studios, one-bedroom, two-bedroom,
and potentially three-bedroom apartment homes. These income limits are updated annually.
The 29 affordable homes that Picerne will provide will be rented to eligible Very-Low-Income
Households. As shown in Table 4, Very-Low-Income Households includes incomes ranging
from $50,250 per year for a one-person household to $77,500 per year for a five-person
household, consistent with the income limits set for Orange County, issued by the Department
of Housing and Community Development on June 6, 2023. These income limits are updated
annually.
Households qualifying to live in the project could include those containing City employees,
school district employees, health care workers, restaurant and other retail workers, and other
occupations which provide needed services to our community. While household size, overtime
pay, summer jobs, or second jobs may affect eligibility, the income limits in Table 4 are reflective
of pay to many public or health care sector workers, as shown in Table 5 below:
Table 5
Examples of Qualifying Salaries
The pay ranges shown above are as of 2023 and are subject to update. Retired persons or couples
or young business professionals starting their careers may also qualify to rent the affordable
homes at 1600 Dove Street. In order to provide opportunities for workers to live in one of the
affordable homes, the City could provide guidelines providing for acceptance of applications on
a priority basis from classes of individuals who qualify under the income limits in effect. The
guidelines could provide for priority treatment for City residents, City employees, employees of
the local school district, and employees of major health care institutions or other categories
identified by the City for priority treatment.
Position Pay Range
Information
Source Comments
Equipment Mechanic I $53,932-$79,586 City May qualify for Very Low Income units
depending on household size
Police Dispatcher $63,379-$93,650 City May qualify for Very Low Income units
depending on household size
Utilities Specialist $56,994-$84,220 City May qualify for Very Low Income units
depending on household size
Clinical Support Tech I - Irvine OR $39,686-$60,985 Hoag May qualify for Very Low Income units
Licensed Vocational Nurse (LVN) - HHH Home Health $53,144-$81,681 Hoag May qualify for Very Low Income units
depending on household size
Newport-Mesa Unified School District ("NMUSD")
Teacher
$67,116-$75,497 NMUSD Credentialed teacher with no advanced
education and up to 4 years expereience
may qualify for Very Low Income units.
Campus Safety Facilitator #39-24 $47,831-$58,139 NMUSD May qualify for Very Low Income units
Information Technology Technician #35-24 $56,867-$69,120 NMUSD May qualify for Very Low Income units
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1600 Dove Street Affordable Housing Plan
April 22, 2024
6
Rental Rate Limits for Affordable Homes
The 29 Very-Low-Income Units shall be rented at an affordable rent calculated in accordance
with the provisions of HSC Section 50053. Government Code Section 65915(c)(1)(B)(i) requires
that rents for units qualifying a project for a density bonus be set in accordance with HSC Section
50053. Accordingly, the gross rental payment for a Very-Low-Income unit is calculated based on
50% of Median Income which results in lower rents than those set using the applicable income
limits in areas qualifying for the high-cost area adjustment. Additionally, HSC Section 50053
limits affordable rent to 30% of total income for a Very-Low-Income-household, as calculated in
Table 6 below. That section also requires that the rent for a studio unit assumes a one-person
household for rent calculation purposes, a one-bedroom unit assumes a two-person household, a
two-bedroom unit assumes a three-person household and a three-bedroom unit assumes a four-
person household.
The calculated rents are then adjusted by a utility allowance as determined annually by the County
of Orange Housing & Community Services Department. As of October 1, 2023, the reduction for
the utility allowance is $149.00 per month for a studio unit, $163.00 per month for a one-bedroom
unit, $215.00 per month for a two-bedroom unit and $277.00 per month for a three-bedroom unit.
The utility allowance assumes gas cooking, gas space heating, gas water heating, as well as
electricity, air conditioning, water, sewer, and trash fees to be paid by the tenant.
The maximum monthly rent payments for 2023/24 are calculated in accordance with HSC Section
50053 and shown in Table 6 below:
Table 6
Maximum Rents by Bedroom Count
Picerne will enter into an affordable housing agreement, in recordable form, with the City prior
to obtaining the first building permit for any residential unit. That agreement will ensure that the
maximum rents for the affordable apartment homes will be calculated using the methodologies
utilized in Table 6. The rental rates shown will be updated prior to the commencement of rental
activities and on an ongoing basis to reflect then current income limits, utility configurations,
utility allowances, and any changes in applicable regulations and statutes.
Bedrooms
Very Low
Income Limit
(Table 4)
Median
Income
2023/24
50% of
Median
Income
Gross
Monthly
Rental
Payment
Less
Utilities
Net Monthly
Housing
Payment
Studio $50,250 $89,450 $44,725 $1,118 $149 $969
1 Bedroom 57,400 102,250 51,125 1,278 163 1,115
2 Bedroom 64,600 115,000 57,500 1,438 215 1,223
3 Bedroom 71,750 127,800 63,900 1,598 277 1,321
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1600 Dove Street Affordable Housing Plan
April 22, 2024
7
Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the 1600 Dove Street project
has not yet been determined, the affordable homes will be spread throughout the development
to avoid concentration of affordable homes in any area. The affordable homes shall be
comparable in the quality of construction and exterior design to the market rate homes. As
provided for in the Development Standards, all affordable homes will have access to the
facilities and amenities offered by the development.
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01-17-23
Exhibit E
Development Agreement
51
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder’s Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.
DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
1600 DOVE, LP and GS 1600 DOVE, LLC
CONCERNING
“THE RESIDENCES AT 1600 DOVE STREET”
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DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5)
This DEVELOPMENT AGREEMENT (the “Agreement”) is dated for reference purposes as of
the __ day of __________, 2024 (the “Agreement Date”), and is being entered into by and between
the City of Newport Beach (“City”), a California municipal corporation and charter city, organized
and existing under and by virtue of its Charter and the Constitution, and the laws of the State of
California, and 1600 Dove, LP, a California limited partnership and GS 1600 Dove, LLC, a
Delaware limited liability company, (collectively referred to as “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 1600 Dove Street
and more particularly described in the legal description attached as Exhibit “A” and depicted on
the site map attached hereto as Exhibit “B” (“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 2.49 acres and is a part of the Newport Place Planned
Community shown on the City’s Zoning Map.
B.To encourage investment in, and commitment to, comprehensive planning and
public facilities financing, strengthen the public planning process and encourage private
implementation of the local general plan, provide certainty in the approval of projects in order to
avoid waste of time and resources, and reduce the economic costs of development by providing
assurance to property owners that they may proceed with projects consistent with existing land
use policies, rules, and regulations, the California Legislature adopted California Government
Code Sections 65864-65869.5 (the “Development Agreement Statute”) authorizing cities and
counties to enter into development agreements with persons or entities having a legal or equitable
interest in real property located within their jurisdiction.
C.On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
“Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding
Development Agreements” (the “Development Agreement Ordinance”). This Agreement is
consistent with the Development Agreement Ordinance.
D.The Parties wish to enter into Agreement for the construction of a seven-story,
apartment complex consisting of up to 282 apartment units (including affordable units).
E.As detailed in Section 3 of this Agreement, Property Owner agrees to provide the
following significant public benefits as consideration for this Agreement: a public benefit fee in
the amount of Three Million Five Hundred Fifty-Five Thousand Two Hundred Sixty-Eight Dollars
and 00/100 ($3,555,268.00), a park in-lieu fee of Seven Hundred Fourteen Thousand Two Hundred
Twelve Dollars and 00/100 ($714,212.00), and a public safety fee in the amount of Two Hundred
Eighty-Five Thousand Seven Hundred Sixty Dollars and 00/100 ($285,760.00).
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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-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 and the Newport Place
Planned Community that was adopted in 1970 by Ordinance No. 1369, and amended from time to
time, in order to establish appropriate zoning to regulate land use and development of property
within the general boundaries of the Newport Place Planned Community.
G.In recognition of the significant public benefits that this Agreement provides, the
City Council finds that this Agreement: (i) is consistent with the City of Newport Beach General
Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general
welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a
present exercise of, City’s police power; (iv) is consistent with the Project’s Addendum No. 9 to
the Environmental Impact Report (SCH# 2006011119) (“PEIR”) that was certified by the City
Council on July 25, 2006 for the 2006 General Plan Update and the Initial Study/Negative
Declaration prepared in accordance with CEQA for the Newport Beach Housing Element Update
(General Plan Amendment No. GP2008-003) adopted by the City Council on November 22, 2011
(the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the “PEIR”),
all of which analyze the environmental effects of the proposed development of the Project on the
Property, and all of the findings, conditions of approval and mitigation measures related thereto;
and (v) is consistent and has been approved consistent with provisions of California Government
Code Section 65867 and City of Newport Beach Municipal Code chapter 15.45.
H.On May 23, 2024, City’s Planning Commission held a public hearing on this
Agreement, and made findings and determinations with respect to this Agreement, and
recommended to the City Council that the City Council approve this Agreement.
I.On [Fill in Date], the City Council held a public hearing on this Agreement and
considered the Planning Commission’s recommendations and the testimony and information
submitted by City staff, Property Owner, and members of the public. On [Fill in Date], consistent
with applicable provisions of the Development Agreement Statute and Development Agreement
Ordinance, the City Council adopted its Ordinance No. 2024-# (the “Adopting Ordinance”),
finding this Agreement to be consistent with the City of Newport Beach General Plan and
approving this Agreement.
AGREEMENT
NOW, THEREFORE, City, and Property Owner agree as follows:
1.Definitions.
In addition to any terms defined elsewhere in this Agreement, the following terms when
used in this Agreement shall have the meanings set forth below:
“Action” shall have the meaning ascribed in Section 8.10 of this Agreement.
“Adopting Ordinance” shall mean City Council Ordinance No. 2024-_ approving and
adopting this Agreement.
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“Agreement” shall mean this Development Agreement, as the same may be amended from
time to time.
“Agreement Date” shall mean [Fill in Date], which date is the date the City Council
adopted the Adopting Ordinance.
“CEQA” shall mean the California Environmental Quality Act (California Public
Resources Code Sections 21000-21177) and the implementing regulations promulgated thereunder
by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.)
(“CEQA Guidelines”), as the same may be amended from time to time.
“City” shall mean the City of Newport Beach, a California charter city.
“City Council” shall mean the governing body of City.
“City’s Affiliated Parties” shall have the meaning ascribed in Section 10.1 of this
Agreement.
“Claim” shall have the meaning ascribed in Section 10.1 of this Agreement.
“CPI Index” shall mean the Consumer Price Index published from time to time by the
United States Department of Labor, Bureau of Labor Statistics for all urban consumers (all items)
for the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items,
Base Period (1982-84=100), or, if such index is discontinued, such other similar index as may be
publicly available that is selected by City in its reasonable discretion.
“Cure Period” shall have the meaning ascribed in Section 8.1 of this Agreement.
“Default” shall have the meaning ascribed to that term in Section 8.1 of this Agreement.
“Develop” or “Development” shall mean to improve or the improvement of the Property
for the purpose of completing the structures, improvements, and facilities comprising the Project,
including but not limited to: grading; the construction of infrastructure and public facilities related
to the Project, whether located within or outside the Property; the construction of all of the private
improvements and facilities comprising the Project; the preservation or restoration, as required of
natural and man-made or altered open space areas; and the installation of landscaping. The terms
“Develop” and “Development,” as used herein, do not include the maintenance, repair,
reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the
initial construction and completion thereof.
“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
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charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the
Project on the environment or other public interests.
“Development Plan” shall mean all of the land use entitlements, approvals and permits
approved by the City for the Project on or before the Agreement Date, as the same may be amended
from time to time consistent with this Agreement. Such land use entitlements, approvals and
permits include, without limitation, the following: (1) the Development rights as provided under
this Agreement; (2) General Plan Amendment adopted pursuant to Resolution No. 2024-##; (3)
Affordable Housing Implementation Plan adopted pursuant to Resolution No. 2024-##; and (4)
Traffic Study adopted pursuant to Resolution No. 2024-##.
“Development Regulations” shall mean the following regulations as they are in effect as
of the Agreement Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted, approved,
or imposed after the Agreement Date that impairs or restricts the Property Owner’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
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.
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“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 seq., as amended
(“CERCLA”); the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., as amended (“RCRA”); the Emergency
Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as
amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., as
amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act,
33 U.S.C. Section 1251, et seq., as amended; the Toxic Substances Control Act, 15 U.S.C.
Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections
300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C.
Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections
651 et seq., as amended; and California Health and Safety Code Section 25100, et seq.
“General Plan” shall mean City’s 2006 General Plan adopted by the City Council on July
25, 2006, by Resolution No. 2006-76, as amended through the Agreement Date but excluding any
amendment after the Agreement Date that impairs or restricts 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.
“Project” shall mean the development of a seven-story, apartment complex consisting of
up to 282 apartment units including all on-site and off-site improvements that Property Owner is
authorized and/or may be required to construct on the Property, as provided in this Agreement and
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the Development Regulations, as the same may be modified or amended from time to time
consistent with this Agreement and applicable law.
“Property” is described in Exhibit “A” and generally depicted on Exhibit “B”.
“Property Owner” shall mean 1600 Dove, LLP and GS 1600, LLC and any successor or
assignee to all or any portion of the right, title, and interest in and to ownership of all or a portion
of the Property.
“Public Benefit Fee” shall have the meaning ascribed in Section 3.1 of this Agreement.
“Subsequent Development Approvals” shall mean all discretionary development and
building approvals that Property Owner 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 Consistency, Zoning Implementation.
This Agreement and the Development Regulations applicable to the Property are consistent
with the General Plan and the Newport Place Planned Community Development Plan (PC-11) as
amended by the approvals in the Development Plan adopted concurrently herewith (including but
not limited to the amendment to the General Plan and Newport Place Planned Community
Development Plan (PC-11).
2.2 Binding Effect of Agreement.
The Property is hereby made subject to this Agreement. Development of the Property is
hereby authorized and shall be carried out in accordance with the terms of this Agreement.
2.3 Property Owner’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;
(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
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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 (10th)
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.
3. Public Benefits.
3.1 Public Benefit Fee.
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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 Three Million Five Hundred Fifty-Five Thousand Two Hundred
Sixty-Eight Dollars and 00/100 ($3,555,268.00) which shall be due and payable prior to the
issuance of the first building permit for any portion of the Project.
The City has not designated a specific project or purpose for the Public Benefit Fee.
Property Owner 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:
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 Seven Hundred Fourteen
Thousand Two Hundred Twelve Dollars and 00/100 ($714,212.00), for the purpose of acquisition
and improvement of other properties as parklands to serve the Airport Area (the “Park In-Lieu
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Fee”). The Park In-Lieu Fee shall be due and payable prior to the issuance of the first building
permit for any portion of the Project.
3.2.3 Public Safety Fee. The Property Owner shall pay a public safety fee in the amount of Two
Hundred Eighty-Five Thousand Seven Hundred Sixty Dollars and 00/100 ($285,760.00) to be
used, at the City’s discretion, to fund the cost of staffing, services, and equipment necessary for
fire related public safety purposes (the “Public Safety Fee”). The Public Safety Fee shall be due
and payable prior to the issuance of the first building permit for any portion of the Project.
3.2.4 Apportionment of Fees. Property Owner and City hereby acknowledge and agree that the
amounts of the Public Benefit Fee (Section 3.1), Park In-Lieu Fee (Section 3.2.2), and Public
Safety Fee (Section 3.2.3) assessed herein are predicated on the Project being developed as a 282-
unit, residential development project . In the event Property Owner receives land use approval
from the City amending the Development Plan 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.
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
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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.
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4.3 Reservations of Authority.
Notwithstanding any other provision set forth in this Agreement to the contrary, the laws,
rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the
Development of the Project on and with respect to the Property.
4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies,
petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and
any other matter of procedure shall apply to the Property, provided that such procedural regulations
are adopted and applied City-wide or to all other properties similarly situated in City.
4.3.2 Processing and Permit Fees. City shall have the right to charge and Property
Owner 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.
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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
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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.
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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
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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
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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 Obligations of Property 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
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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
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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 seq.) or City’s
local subdivision ordinance and any such Transfer shall include the assignment and assumption of
Property Owner’s rights, duties, and obligations set forth in or arising under this Agreement as to
the Property or the portion thereof so Transferred and shall be made in strict compliance with the
following conditions precedent: (i) no transfer or assignment of any of Property Owner’s rights or
interest under this Agreement shall be made unless made together with the Transfer of all or a part
of the Property; and (ii) prior to the effective date of any proposed Transfer, Property Owner (as
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
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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.
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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
TO PROPERTY OWNER: 1600 Dove, LP and GS 1600 Dove, LLC
c/o The Picerne Group
5000 Birch Street, Ste. 600
Newport Beach, CA 92660
With a copy to: Kevin Ashe
Holland & Knight LLP
4675 MacArthur Court, Ste. 900
Newport Beach, CA 92660
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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 Project 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.
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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,
74
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terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its
fair meaning and applicable principle or presumptions of contract construction or interpretation, if
any, shall be used to construe the whole or any part of this Agreement in favor of or against either
Party.
14.13 Successors and Assigns; Constructive Notice and Acceptance.
The burdens of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this
Agreement shall be enforceable as equitable servitudes and constitute covenants running with the
land. Each covenant to do or refrain from doing some act hereunder with regard to Development
of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs
with the Property and each portion thereof; and (iii) is binding upon each Party and each successor
in interest during its ownership of the Property or any portion thereof. Every person or entity who
now or later owns or acquires any right, title, or interest in any part of the Project or the Property
is and shall be conclusively deemed to have consented and agreed to every provision of this
Agreement. This Section 14.13 applies regardless of whether the instrument by which such person
or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether
such person or entity has expressly entered into an assignment and assumption agreement as
provided for in 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 Applicable Law and Venue.
This Agreement shall be construed and enforced consistent with the internal laws of the
State of California, without regard to conflicts of law principles. Any action at law or in equity
arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Agreement shall be filed and tried in the Superior
Court of the County of Orange, State of California, or the United States District Court for the
Central District of California. The Parties waive all provisions of law providing for the removal
or change of venue to any other court.
14.16 Section Headings.
All section headings and subheadings are inserted for convenience only and shall not affect
construction or interpretation of this Agreement.
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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
DESIGNATION DESCRIPTION
A Legal Description of Property
B Depiction of the Property
14.18 Recordation.
The City Clerk of City shall record this Agreement and any amendment, modification, or
cancellation of this Agreement in the Office of the County Recorder of the County of Orange
within the period required by California Government Code section 65868.5 and City of Newport
Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not
modify or amend the Effective Date or the Termination Date.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE TO DEVELOPMENT AGREEMENT
“PROPERTY OWNER”
1600 Dove, LP and GS 1600 Dove, LLC
By: ____________________________
Name: ____________________________
Title: ____________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
“CITY”
CITY OF NEWPORT BEACH, a municipal
corporation and charter city
Will O’Neill, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Jennifer Hernandez, Attorney for Property Owner
77
ACKNOWLEDGMENT
State of California
County of ______________________}
On _________________________, 20_____ before me, ______________________________, Notary
Public, personally appeared _______________________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________}
On _________________________, 20_____ before me, ______________________________, Notary
Public, personally appeared _______________________________________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
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.
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.
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A10-00773 v4 01.06.11 FINAL -ii-
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:
LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES
15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM,
GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET
FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE;
PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE
RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY OR THE
PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM,
GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED
RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
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A10-00773 v4 01.06.11 FINAL -iii-
EXHIBIT B
DEPICTION OF PROPERTY
80
Exhibit F
Traffic Study
Appendices available separately due to bulk at:
www.newportbeachca.gov/ceqa
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prepared by
Bryan Crawford
Giancarlo Ganddini, PE, PTP
GANDDINI GROUP, INC.
555 Parkcenter Drive, Suite 225
Santa Ana, California 92705
(714) 795-3100 | ganddini.com Project No. 19615
1600 DOVE STREET RESIDENCES
REVISED TRAFFIC IMPACT ANALYSIS
City of Newport Beach
August 14, 2023
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................................ IV
1. INTRODUCTION .................................................................................................................................................... 1
Project Description .......................................................................................................................................................... 1
Study Area ......................................................................................................................................................................... 1
Analysis Scenarios ........................................................................................................................................................... 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 (CEQA) .......................................................................... 6
Thresholds of Significance for General Plan EIR Addendum ................................................................... 6
Vehicle Miles Traveled Analytical Methodology (CEQA) ...................................................................................... 6
3. EXISTING CONDITIONS ...................................................................................................................................... 7
Existing Roadway System .............................................................................................................................................. 7
Pedestrian Facilities ......................................................................................................................................................... 7
Bicycle Routes .................................................................................................................................................................. 7
Transit Facilities ................................................................................................................................................................ 7
General Plan Context ..................................................................................................................................................... 7
Existing Traffic Volumes ................................................................................................................................................ 7
Existing Intersection Level of Service......................................................................................................................... 8
4. PROJECT FORECASTS ....................................................................................................................................... 17
Project Trip Generation .............................................................................................................................................. 17
Project Trip Distribution and Assignment .............................................................................................................. 17
5. FUTURE VOLUME FORECASTS ...................................................................................................................... 25
City of Newport Beach Approved Projects ........................................................................................................... 25
Ambient Growth ........................................................................................................................................................... 25
TPO Year 2029 Volume Forecasts .......................................................................................................................... 25
6. TPO ANALYSIS ..................................................................................................................................................... 30
TPO Year 2029 One-Percent Threshold Analysis ............................................................................................... 30
TPO Impact Assessment ............................................................................................................................................. 30
7. CEQA ANALYSIS .................................................................................................................................................. 33
Cumulative Projects ..................................................................................................................................................... 33
CEQA Year 2029 Without Project Volume Forecasts ....................................................................................... 33
CEQA Year 2029 With Project Volume Forecasts .............................................................................................. 33
CEQA Year 2029 Impact Assessment .................................................................................................................... 33
8. GENERAL PLAN COMPARISON ANALYSIS ................................................................................................. 44
General Plan Comparison Methodology ................................................................................................................ 44
General Plan Comparison Trip Generation and Trip Distribution ................................................................... 44
Post 2030 General Plan Buildout Without Project Volume Forecasts .......................................................... 44
Post 2030 General Plan Buildout With Project Volume Forecasts ................................................................. 44
General Plan Comparison Impact Assessment ..................................................................................................... 44
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9. CONGESTION MANAGEMENT PROGRAM ................................................................................................. 52
Background .................................................................................................................................................................... 52
CMP-Monitored Intersections .................................................................................................................................. 52
Requirements for Improvements .............................................................................................................................. 52
Criteria for Preparation of CMP Impact Analysis ................................................................................................. 52
10. SITE ACCESS ......................................................................................................................................................... 53
Site Access ...................................................................................................................................................................... 53
11. VEHICLE MILES TRAVELED (VMT) ................................................................................................................. 54
Background .................................................................................................................................................................... 54
VMT Assessment and Screening .............................................................................................................................. 54
12. CONCLUSIONS .................................................................................................................................................... 55
Project Trip Generation .............................................................................................................................................. 55
TPO Impact Analysis .................................................................................................................................................... 55
CEQA Year 2029 Impact Analysis............................................................................................................................ 55
CEQA General Plan Comparison Impact Analysis ............................................................................................... 55
VMT Screening (Informational Purposes Only) .................................................................................................... 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 ................................................................................................................................... 18
Table 3. TPO One-Percent Threshold Analysis Summary ...................................................................................... 31
Table 4. TPO Year 2029 Intersection Levels of Service and Impact Assessment ........................................... 32
Table 5. Cumulative Projects Trip Generation .......................................................................................................... 34
Table 6. CEQA Year 2029 Intersection Levels of Service and Impact Assessment ........................................ 36
Table 7. General Plan Comparison Trip Generation ................................................................................................ 46
Table 8. General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of
Service and Impact Assessment .................................................................................................................... 47
LIST OF FIGURES
Figure 1. Project Location Map .......................................................................................................................................... 3
Figure 2. Site Plan .................................................................................................................................................................. 4
Figure 3. Existing Lane Geometry and Intersection Traffic Controls .................................................................... 10
Figure 4. Existing Pedestrian Facilities .......................................................................................................................... 11
Figure 5. Orange County Transportation Authority System Map ......................................................................... 12
Figure 6. City of Newport Beach General Plan Master Plan of Streets and Highways ................................... 13
Figure 7. City of Newport Beach General Plan Roadway Cross-Sections .......................................................... 14
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Figure 8. Existing AM Peak Hour Intersection Turning Movement Volumes ..................................................... 15
Figure 9. Existing PM Peak Hour Intersection Turning Movement Volumes ..................................................... 16
Figure 10. Project Outbound Trip Distribution – Existing General Office Building ............................................ 19
Figure 11. Project Inbound Trip Distribution – Existing General Office Building ................................................ 20
Figure 12. Project Outbound Trip Distribution – Proposed Residential ................................................................ 21
Figure 13. Project Inbound Trip Distribution – Proposed Residential .................................................................... 22
Figure 14. Project (Net) AM Peak Hour Intersection Turning Movement Volumes ........................................... 23
Figure 15. Project (Net) PM Peak Hour Intersection Turning Movement Volumes ............................................ 24
Figure 16. TPO Year 2029 Without Project AM Peak Hour Intersection Turning Movement
Volumes ............................................................................................................................................................... 26
Figure 17. TPO Year 2029 Without Project PM Peak Hour Intersection Turning Movement
Volumes ............................................................................................................................................................... 27
Figure 18. TPO Year 2029 With Project AM Peak Hour Intersection Turning Movement Volumes............. 28
Figure 19. TPO Year 2029 With Project PM Peak Hour Intersection Turning Movement Volumes ............. 29
Figure 20. Cumulative Projects Location Map .............................................................................................................. 37
Figure 21. Cumulative Projects AM Peak Hour Intersection Turning Movement Volumes.............................. 38
Figure 22. Cumulative Projects PM Peak Hour Intersection Turning Movement Volumes .............................. 39
Figure 23. CEQA Year 2029 Without Project AM Peak Hour Intersection Turning Movement
Volumes ............................................................................................................................................................... 40
Figure 24. CEQA Year 2029 Without Project PM Peak Hour Intersection Turning Movement
Volumes ............................................................................................................................................................... 41
Figure 25. CEQA Year 2029 With Project AM Peak Hour Intersection Turning Movement
Volumes ............................................................................................................................................................... 42
Figure 26. CEQA Year 2029 With Project PM Peak Hour Intersection Turning Movement Volumes .......... 43
Figure 27. Post 2030 General Plan Buildout Without Project AM Peak Hour Intersection Turning
Movement Volumes ......................................................................................................................................... 48
Figure 28. Post 2030 General Plan Buildout Without Project PM Peak Hour Intersection Turning
Movement Volumes ......................................................................................................................................... 49
Figure 29. Post 2030 General Plan Buildout With Project AM Peak Hour Intersection Turning
Movement Volumes ......................................................................................................................................... 50
Figure 30. Post 2030 General Plan Buildout With Project PM Peak Hour Intersection Turning
Movement Volumes ......................................................................................................................................... 51
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EXECUTIVE SUMMARY
The purpose of this study is to evaluate the potential for transportation impacts resulting from development
of the proposed project both in the context of the City of Newport Beach’s discretionary authority for
conformance with locally established operational standards and the California Environmental Quality Act
(CEQA). Although this is a technical report, effort has been made to write the report clearly and concisely. A
glossary is provided in Appendix A to assist the reader with terms related to transportation engineering.
This study was prepared in consultation with City of Newport Beach staff and in accordance with the
procedures and methodologies for assessing transportation impacts established by the City of Newport Beach.
To assess the project’s conformance with local operational standards, this study evaluates the project’s effect
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 2029 (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 2029 cumulative and Post
2030 General Plan Buildout conditions in support of the project’s proposed addendum to the 2006 General
Plan Environmental Impact Report (EIR).
Project Description
The 2.49-acre project site is addressed at 1600 Dove Street, located at the northeast corner of Dove Street
and Dolphin Striker Way, in the City of Newport Beach, California. The project site is currently developed
with an existing 60,675 square foot four-story office building and surface level parking lot.
The proposed project involves demolition of the existing office building and construction of a new seven-
story apartment building comprised of 282 residential units, podium level amenity space, a leasing office, roof-
top common space, and approximately 530 parking spaces within an on-grade parking garage with two and a
half subterranean levels. Vehicular access is proposed to be maintained via existing driveways at Dove Street
and Dolphin Striker Way. The proposed project is anticipated to be fully operational by year 2028.
Existing Conditions
The study intersections currently operate at Levels of Service D or better during the peak hours for Existing
(2022) conditions.
Project Trip Generation
The existing project site land use is estimated to generate approximately 658 daily trips, including 92 trips
during the AM peak hour and 88 trips during the PM peak hour. The proposed project site land use is forecast
to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour and 110 trips during
the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 622
net new daily trips, including 12 net new trips during the AM peak hour and 22 net new trips during the PM
peak hour.
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TPO Impact Analysis
The addition of project-generated trips is not forecast to cause any study intersection to operate deficiently
(Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity;
therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections
for TPO Year 2029 With Project conditions and no improvements are required.
CEQA Impact Analysis
The addition of project-generated trips is not forecast to cause any study intersection to operate deficiently
(Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity;
therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study
intersections for CEQA Year 2029 With Project conditions and no new mitigation measures are required.
CEQA General Plan Comparison Impact Analysis
The addition of project-generated trips is not forecast to cause any study intersection to operate deficiently
(Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity;
therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study
intersections for Post 2030 General Plan Buildout With Project conditions and no new mitigation measures
are required.
VMT Screening (Informational Purposes Only)
The proposed project is located in an area with VMT per capita lower than the Orange County regional
average for residential use. Per the City VMT Guidelines, the project is therefore presumed to have a less than
significant impact on VMT.
Congestion Management Program (CMP)
Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road)
and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for
preparation of a separate CMP impact analysis.
Site Access and Circulation
Vehicular access is proposed to be maintained via existing driveways at Dove Street and Dolphin Striker Way.
The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access. Based on
review of the adjacent development and lane configurations along Dove Street and Dolphin Striker Way, the
existing lane configurations are anticipated to provide adequate circulation. The final parking and circulation
will be reviewed and approved by the City of Newport Beach.
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1. INTRODUCTION
This section describes the project location, project description, study area, and analysis scenarios.
PROJECT DESCRIPTION
The 2.49-acre project site is addressed at 1600 Dove Street, located at the northeast corner of Dove Street
and Dolphin Striker Way, in the City of Newport Beach, California. The project site is currently developed
with an existing 60,675 square foot four-story office building and surface level parking lot. Figure 1 shows
the project location map.
The proposed project involves demolition of the existing office building and construction of a new seven-
story apartment building comprised of 282 residential units, podium level amenity space, a leasing office, roof-
top common space, and approximately 530 parking spaces within an on-grade parking garage with two and a
half subterranean levels. Vehicular access is proposed to be maintained via existing driveways at Dove Street
and Dolphin Striker Way. The proposed project is anticipated to be fully operational by year 2028. Figure 2
illustrates the project site plan.
STUDY AREA
Based on scoping discussions with City of Newport Beach staff, the study area consists of the following study
intersections within the City of Newport Beach, three of which share jurisdiction with the City of Irvine:
Study Intersections1 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 (NS) 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) 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) Newport Beach
14. Von Karman Avenue (NS) at Campus Drive (EW) Newport Beach/Irvine
ANALYSIS SCENARIOS
In accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO), this traffic report evaluates
the following analysis scenarios based on one year after the anticipated project opening year:
a) Existing (2022) Conditions;
b) TPO Year 2029 Without Project; and
c) TPO Year 2029 With Project
1 (NS) = North-South roadway; (EW) = East-West roadway
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1600 Dove Street Residences Revised Traffic Impact Analysis
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Additionally, this study also evaluates the following analysis scenarios in support of the project’s proposed
cumulative CEQA analysis:
d) CEQA Year 2029 Without Project;
e) CEQA Year 2029 With Project;
Lastly, this study evaluates the following analysis scenarios in support of the project’s proposed addendum to
the 2006 General Plan Environmental Impact Report (EIR):
f) General Plan Comparison: Post 2030 General Plan Buildout Without Project; and
g) General Plan Comparison: Post 2030 General Plan Buildout With Project.
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Figure 1
Project Location Map
1600 Dove Street ResidencesTraffic Impact Analysis
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NB
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1
2
4
3
5
6
7
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11
8
10
13
9
Study Intersection
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73
EASTBLUFF DRMESA DR
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2. METHODOLOGY
This section discusses the analysis methodologies used to assess transportation facility performance as
adopted by the respective jurisdictional agencies.
TRAFFIC PHASING ORDINANCE ANALYTICAL METHODOLOGY (NON-CEQA)
To establish consistency with the City of Newport Beach General Plan and other City requirements, all
proposed land use projects generating 300 or more daily trips are required to prepare a Level of Service
analysis for transportation impacts consistent with Chapter 15.40 (Traffic Phasing Ordinance) of the City of
Newport Beach Municipal Code. The TPO requires assessment of development project impacts on the City’s
arterial circulation system based on the Intersection Capacity Utilization (ICU) methodology. While operational
ICU analysis is required for conformance with the City’s TPO requirements, it is noted that a project’s effect
on automobile delay (as measured by Level of Service) shall not constitute a significant environmental impact
in accordance with current CEQA provisions.
Intersection Capacity Utilization Methodology
In accordance with City of Newport Beach requirements, level of service analysis of signalized intersections
is based on the ICU methodology. The ICU methodology compares the volume of traffic using the intersection
to the capacity of the intersection. The resulting volume-to-capacity (V/C) ratio represents that portion of the
hour required to provide sufficient capacity to accommodate all intersection traffic if all approaches operate
at capacity. The volume-to-capacity ratio is then correlated to a performance measure known as level of
service based on the following thresholds:
Level of Service Volume/Capacity Ratio
A ≤ 0.60
B > 0.60 to ≤ 0.70
C > 0.70 to ≤ 0.80
D > 0.80 to ≤ 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 qualitatively 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 system, except at the following locations where Level of Service E or better is
acceptable:
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Any intersection in the Airport Area shared with City of Irvine; and
Any intersections in the City of Corona Del Mar.
Substantial Operational 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
2029 cumulative and Post 2030 General Plan Buildout conditions, which did include evaluation of Level of
Service impacts based on relevant thresholds of significance at the time of preparation. The purpose of the
General Plan Comparison analysis is to document whether any new traffic-related impacts would occur
compared to the 2006 General Plan EIR based on the proposed project.
Thresholds of Significance for General Plan EIR Addendum
Year 2029 cumulative and Post 2030 General Plan Buildout conditions are analyzed based on the same ICU
methodology used for the TPO analysis. Based on the 2006 General Plan 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.
6 94
1600 Dove Street Residences Revised Traffic Impact Analysis
7 19615
3. EXISTING CONDITIONS
This section describes the existing transportation setting in the project vicinity.
EXISTING ROADWAY SYSTEM
Figure 3 identifies the lane geometry and intersection traffic controls for existing conditions based on a field
survey of the study area. Regional access to the project area is provided by the San Joaquin Hills Corridor
(State Route 73) freeway south of the project site running between Bristol Street North and Bristol Street
South. The key north-south roadways providing local circulation are Irvine Avenue, Campus Drive, Birch
Street, MacArthur Boulevard, and Jamboree Road. The key east-west roadways providing local circulation are
Bristol Street North, Bristol Street South, Newport Place Drive, Von Karman Avenue, Bison Avenue, Eastbluff
Drive, and University Avenue.
PEDESTRIAN FACILITIES
Existing pedestrian facilities in the project vicinity are shown on Figure 4.
BICYCLE ROUTES
On-street bicycle facilities are not provided in the project area along Dove Street or Dolphin Striker Way.
Dove Street adjacent to the project site does not have bikeway classification. Roadways that provide on-street
bicycle facilities near the project site include Bristol Street North, Bristol Street South, Birch Street, and
intermittent areas of Jamboree Road and Campus Drive.
TRANSIT FACILITIES
Figure 5 shows the existing transit routes available in the project vicinity. As shown on Figure 5, no Orange
County Transportation Authority Routes service Dove Street adjacent to the project site.
GENERAL PLAN CONTEXT
Figure 6 shows the City of Newport Beach General 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 Element of the General 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 four consecutive 15-minute 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.
Figure 8 and Figure 9 show the Existing AM peak hour and PM peak hour intersection turning movement
volumes.
7 95
1600 Dove Street Residences Revised Traffic Impact Analysis
8 19615
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.
8 96
V/C2 LOS3 V/C2 LOS3
1. Campus Dr (NS) at Bristol St North (EW)TS 0.36 A 0.61 B
2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)TS 0.49 A 0.44 A
3. Birch St (NS) at Bristol St North (EW)TS 0.47 A 0.51 A
4. Birch St (NS) at Bristol St South (EW)TS 0.34 A 0.35 A
5.MacArthur Blvd (NS) at Campus Dr (EW)4 TS 0.33 A 0.53 A
6. MacArthur Blvd (NS) at Birch St (EW)TS 0.28 A 0.37 A
7. MacArthur Blvd (NS) at Newport Pl Dr/Von Karman Ave (EW)TS 0.31 A 0.35 A
8.MacArthur Blvd (NS) at Jamboree Rd (EW)4 TS 0.37 A 0.45 A
9. MacArthur Blvd (NS) at Bison Ave (EW)TS 0.38 A 0.41 A
10.Jamboree Rd (NS) at Campus Dr (EW)4 TS 0.48 A 0.49 A
11. Jamboree Rd (NS) at Bristol St North (EW)TS 0.34 A 0.35 A
12. Jamboree Rd (NS) at Bristol St South (EW)TS 0.58 A 0.60 A
13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW)TS 0.54 A 0.57 A
14.Von Karman Ave (NS) at Campus Dr (EW)4 TS 0.28 A 0.45 A
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.
ID Study Intersection
Traffic
Control1
PM Peak HourAM Peak Hour
Table 1
Existing (2022) Intersection Levels of Service
1600 Dove Street Residences
Traffic Impact Analysis
19615997
Figure 3
Existing Lane Geometry and Intersection Traffic Controls
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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Legend
#D
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5
MacArthur Blvd (NS)/
Campus Dr (EW)
6
MacArthur Blvd (NS)/
Birch St (EW)
7
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Von Karman Ave (EW)
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)
1
Campus Dr (NS)/
Bristol St N (EW)
2
Campus Dr (NS)/
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9
MacArthur Blvd (NS)/
Bison Ave (EW)
3
Birch St (NS)/
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10
Jamboree Rd (NS)/
Campus Dr (EW)
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4U SPLITSPLITSPLITSPLITSplit Signal PhasingSPLIT
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DOVE ST14
4D
6D
4U
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14
Von Karman Ave(NS)/
Campus Dr (EW)F10 98
Figure 4
Existing Pedestrian Facilities
1600 Dove Street ResidencesTraffic Impact Analysis
19615
N
Sidewalk
Legend
SiteDO
VE STDOLPHIN-STRIKER WAYMARTINGALE WAYWESTERLY PL11 99
Figure 5
Orange County Transportation Authority System Map
1600 Dove Street ResidencesTraffic Impact Analysis
19615
Source: Orange County Transportation Authority
N
Site
12 100
Figure 6City of Newport Beach General Plan Master Plan of Streets and Highways1600 Dove Street ResidencesTraffic Impact Analysis19615Source: City of Newport BeachNSite13101
Figure 7
City of Newport beach General Plan Roadway Cross-Sections
1600 Dove Street ResidencesTraffic Impact Analysis
19615
Source: City of Newport Beach
14 102
Figure 8
Existing AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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MacArthur Blvd (NS)/
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1611334
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Von Karman Ave (EW)3239834548405101183820
1475930
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MacArthur Blvd (NS)/
Jamboree Rd (EW)9454428456320197260597138
333747152
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MacArthur Blvd (NS)/
Bison Ave (EW)105128565381721159787966
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Campus Dr (EW)908074921015651115813331
18419487
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Birch St (NS)/
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Jamboree Rd (NS)/
Bristol St N (EW)652112959672233712
Jamboree Rd (NS)/
Bristol St S (EW)1605287298753801209
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MacArthur Blvd (NS)/
Campus Dr (EW)453722218786029125440637
2117060
13
Jamboree Rd (NS)/
University Dr (EW)549941287714373163619032
22099142
14
Von Karman Ave (NS)/
Campus Dr (EW)530325573167611420239
3119251
15 103
Figure 9
Existing PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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MacArthur Blvd (NS)/
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62263149
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Jamboree Rd (EW)20736730815276233317975255
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Bristol St N (EW)5215575758132781697107
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Birch St (NS)/
Bristol St N (EW)1532662595063701537110
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Jamboree Rd (NS)/
Bristol St N (EW)579102788072254112
Jamboree Rd (NS)/
Bristol St S (EW)2046727435136861086
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Birch St (NS)/
Bristol St S (EW)252264198413202903111
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MacArthur Blvd (NS)/
Campus Dr (EW)150761196959835426222146
35625137
13
Jamboree Rd (NS)/
University Dr (EW)431586322155122135027110012
228106122
14
Von Karman Ave (NS)/
Campus Dr (EW)40421296242627912825238
1633277
16 104
1600 Dove Street Residences Revised Traffic Impact Analysis
17 19615
4. PROJECT FORECASTS
This section describes how project trip generation, trip distribution, and trip assignment forecasts were
developed. The forecast project volumes are illustrated on figures contained in this section.
PROJECT TRIP GENERATION
Table 2 shows the project trip generation based upon trip generation rates obtained from the Institute of
Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021). Based on review of the ITE land
use description, trip generation rates for general office building (Land Use Code 710) and multifamily housing
(mid-rise) not close to transit (Land Use Code 221) were determined to adequately represent the existing and
proposed land uses and were selected for use in this analysis. The project trip generation forecast is
determined by multiplying the trip generation rates by the land use quantities.
As shown in Table 2, the existing project site land use is estimated to generate approximately 658 daily trips,
including 92 trips during the AM peak hour and 88 trips during the PM peak hour. The proposed project site
land use is forecast to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour
and 110 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase
of approximately 622 net new daily trips, including 12 net new trips during the AM peak hour and 22 net new
trips during the PM peak hour.
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.
17 105
% In % Out Rate % In % Out Rate
General Office Building ITE 710 TSF 88% 12% 1.52 17% 83% 1.44 10.84
Multifamily Housing (Mid-Rise)ITE 221 DU 23% 77% 0.37 61% 39% 0.39 4.54
In Out Total In Out Total
Existing
General Office Building 60.675 TSF 81 11 92 15 73 88 658
Proposed
Multifamily Housing (Mid-Rise)282 DU 25 79 104 68 42 110 1,280
NET PROJECT TRIPS GENERATED -56 +68 +12 +53 -31 +22 +622
Notes:
(1) ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### = Land Use Code
(2) TSF = Thousand Square Feet (Gross Floor Area); DU = Dwelling Units
Daily
Trip Generation Rates
Trips Generated
Daily
Table 2
Project Trip Generation
Land Use Quantity Unit2
AM Peak Hour PM Peak Hour
Land Use Source1 Unit2
AM Peak Hour PM Peak Hour
1600 Dove Street Residences
Traffic Impact Analysis
1961518106
UNIVERSITY DR
Figure 10
Project Outbound Trip Distribution - Existing General Office Building
1600 Dove Street ResidencesTraffic Impact Analysis
19615
N JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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Percent From Project
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19 107
UNIVERSITY DR
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Project Inbound Trip Distribution - Existing General Office Building
1600 Dove Street ResidencesTraffic Impact Analysis
19615
N JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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73
5%
15%
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EASTBLUFF DRMESA DR
Percent To Project
Legend
10%
15%5%10%
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40%BIRCH STCAMPUS DRB
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20 108
UNIVERSITY DR
Figure 12
Project Outbound Trip Distribution - Proposed Residential
1600 Dove Street ResidencesTraffic Impact Analysis
19615
N JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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21 109
22 110
Figure 14
Project (Net)
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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MacArthur Blvd (NS)/
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000
7
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0-30
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Bristol St N (EW)-3-703012
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23 111
Figure 15
Project (Net)
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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Birch St (NS)/
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24 112
1600 Dove Street Residences Revised Traffic Impact Analysis
25 19615
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 developments that have been approved, but have not
been fully constructed and occupied. The approved project data is contained in Appendix D.
Trips associated with the following 17 projects are included in the TPO analysis:
Fashion Island Expansion
Temple Bat Yahm Expansion
Hoag Hospital Phase III
St. Mark Presbyterian Church
2300 Newport Blvd (Vue)
Hoag Health Center 500-540 Superior
North Newport Center
328 Old Newport Medical Office GPA
Mariner’s Pointe 23,105 SQ FT Commercial Center
Back Bay Landing 300 ECH
Balboa Marina West
Newport Crossings
Museum House – Vivante Senior Center
Uptown Newport: Phase 1 – Trans Devel Rights (TDR)
Uptown Newport: Phase 2 only
Residences at 4400 VK
Picerne Residential (1300 Bristol St N)
AMBIENT GROWTH
To account for ambient growth on roadways, existing volumes were increased by a growth rate of one percent
(1.0%) per year through year 2029 along 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 1.07 along arterials with counts conducted in 2022.
TPO YEAR 2029 VOLUME FORECASTS
TPO Year 2029 Without Project volume forecasts were developed by adding ambient growth and approved
projects trips to existing volumes. TPO Year 2029 Without Project AM and PM peak hour intersection turning
movement volumes are shown on Figure 16 and Figure 17.
TPO Year 2029 With Project volume forecasts were developed by adding project-generated trips to TPO
Year 2029 Without Project volumes. TPO Year 2029 With Project AM and PM peak hour intersection turning
movement volumes are shown on Figure 18 and Figure 19.
25 113
Figure 16
TPO Year 2029 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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MacArthur Blvd (NS)/
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Von Karman Ave (EW)3444837551468108183820
1625930
8
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Jamboree Rd (EW)9959430964372227287674152
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1819340
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Campus Dr (EW)1079635722516981206013333
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Birch St (NS)/
Bristol St N (EW)786251281333811244160
11
Jamboree Rd (NS)/
Bristol St N (EW)691124865583243212
Jamboree Rd (NS)/
Bristol St S (EW)1744308398973921239
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Birch St (NS)/
Bristol St S (EW)212240158342496900194
5
MacArthur Blvd (NS)/
Campus Dr (EW)484852420295431125440637
2117065
13
Jamboree Rd (NS)/
University Dr (EW)5811021418216283383619032
22099142
14
Von Karman Ave (NS)/
Campus Dr (EW)531825593187611420439
3119758
26 114
Figure 17
TPO Year 2029 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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6
MacArthur Blvd (NS)/
Birch St (EW)74596298561111626419525
62275176
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)947923133592336487127
4213681
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)22942037217582737620693357
400948101
9
MacArthur Blvd (NS)/
Bison Ave (EW)156216390601550184170105131
14110867
1
Campus Dr (NS)/
Bristol St N (EW)5215715798132811734107
2
Campus Dr (NS)/
Bristol St S (EW)744296123700445830485
10
Jamboree Rd (NS)/
Campus Dr (EW)64157518712896511415925594
123274251
3
Birch St (NS)/
Bristol St N (EW)1532672635163721570115
11
Jamboree Rd (NS)/
Bristol St N (EW)635123897280063912
Jamboree Rd (NS)/
Bristol St S (EW)2269778216036911112
4
Birch St (NS)/
Bristol St S (EW)253268202414202927111
5
MacArthur Blvd (NS)/
Campus Dr (EW)161867208071137926222146
35625140
13
Jamboree Rd (NS)/
University Dr (EW)461803352166136637527110012
235106122
14
Von Karman Ave (NS)/
Campus Dr (EW)40428296944027912825838
1633581
27 115
Figure 18
TPO Year 2029 With Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
RI
STO
L ST
S
AVEIRVINE
BISONAVE
1
2
4
3
5
6
7
12
11
8
10
13
9
Study Intersection
Legend
#
73
73
EASTBLUFF DRMESA DR
UNIVERSITY DR
SA
N
J
OA
Q
U
I
N
H
I
L
L
S
CORR
I
DORN BIRCH STCAMPUS DRB
RI
ST
O
L ST
N
Site
DOVE ST14
6
MacArthur Blvd (NS)/
Birch St (EW)2240850646762609819139
1612584
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)944837551468105214151
1625630
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)9958230982382230280674152
397915168
9
MacArthur Blvd (NS)/
Bison Ave (EW)113137878411899172808467
1819340
1
Campus Dr (NS)/
Bristol St N (EW)418968261226267963167
2
Campus Dr (NS)/
Bristol St S (EW)749211874796871279453
10
Jamboree Rd (NS)/
Campus Dr (EW)1079815722516921206013333
18519487
3
Birch St (NS)/
Bristol St N (EW)786031381473811244158
11
Jamboree Rd (NS)/
Bristol St N (EW)688124165583543212
Jamboree Rd (NS)/
Bristol St S (EW)1734308428973961242
4
Birch St (NS)/
Bristol St S (EW)201240165344485900194
5
MacArthur Blvd (NS)/
Campus Dr (EW)484962420295031125440637
2117065
13
Jamboree Rd (NS)/
University Dr (EW)5810921418216343383619032
22099142
14
Von Karman Ave (NS)/
Campus Dr (EW)532125593157611420439
3119758
28 116
Figure 19
TPO Year 2029 With Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
RI
STO
L ST
S
AVEIRVINE
BISONAVE
1
2
4
3
5
6
7
12
11
8
10
13
9
Study Intersection
Legend
#
73
73
EASTBLUFF DRMESA DR
UNIVERSITY DR
SA
N
J
OA
Q
U
I
N
H
I
L
L
S
CORR
I
DORN BIRCH STCAMPUS DRB
RI
ST
O
L ST
N
Site
DOVE ST14
6
MacArthur Blvd (NS)/
Birch St (EW)74594298561412226519525
62275176
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)3347923133592366285113
4213981
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)22942737217581937120893357
400948116
9
MacArthur Blvd (NS)/
Bison Ave (EW)156216790601540184170105131
14110867
1
Campus Dr (NS)/
Bristol St N (EW)5215715798132811728107
2
Campus Dr (NS)/
Bristol St S (EW)744296123700445841485
10
Jamboree Rd (NS)/
Campus Dr (EW)64157518712898011415925594
123274251
3
Birch St (NS)/
Bristol St N (EW)1532792555103721570121
11
Jamboree Rd (NS)/
Bristol St N (EW)638124097279563912
Jamboree Rd (NS)/
Bristol St S (EW)2274778166036931110
4
Birch St (NS)/
Bristol St S (EW)254268203405213927111
5
MacArthur Blvd (NS)/
Campus Dr (EW)161866208072037926222146
35625140
13
Jamboree Rd (NS)/
University Dr (EW)461808352166135937527110012
235106122
14
Von Karman Ave (NS)/
Campus Dr (EW)40426296944327912825838
1633581
29 117
1600 Dove Street Residences Revised Traffic Impact Analysis
30 19615
6. TPO ANALYSIS
Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are
provided in Appendix C.
TPO YEAR 2029 ONE-PERCENT THRESHOLD ANALYSIS
Table 3 summarizes the City of Newport Beach TPO one-percent threshold analysis. In accordance with the
City of Newport Beach TPO requirements, if project-generated peak hour approach volumes are greater than
or equal to one percent of the forecast peak hour volumes on any approach of an intersection, then a detailed
ICU analysis is required to assess the project-related change in ICU. The TPO one-percent analysis calculation
worksheets are contained in Appendix E.
The following eight study intersections are forecast to exceed the TPO one-percent threshold and require
ICU analysis:
1. Campus Drive (NS) at Bristol Street North (EW)
3. Birch Street (NS) at Bristol Street North (EW)
4. Birch Street (NS) at Bristol Street South (EW)
5. MacArthur Boulevard (NS) at Campus Drive (EW)
6. MacArthur Boulevard (NS) at Birch Street (EW)
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)
TPO IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for TPO Year 2029 Without and With Project
conditions are shown in Table 4. As shown in Table 4, the study intersections are forecast to operate at Levels
of Service D or better during the peak hours for TPO Year 2029 Without and With Project conditions.
Table 4 also calculates the net change in ICU at the applicable study intersections for TPO Year 2029 With
Project conditions. As shown in Table 4, the addition of project-generated trips is not forecast to cause any
study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation
by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of
Service impacts at the study intersections for TPO Year 2029 With Project conditions and no improvements
are required.
30 118
Northbound Southbound Eastbound Westbound
AM No No No Yes
PM No No No No
AM No No No No
PM No No No No
AM No Yes No No
PM Yes No No No
AM No Yes No No
PM No No No No
AM Yes No No No
PM No No No No
AM No No Yes No
PM No Yes No No
AM No No Yes No
PM Yes No No No
AM No Yes No No
PM No No No Yes
AM No No No No
PM No No No No
AM Yes No No No
PM No Yes No No
AM No No No No
PM No No No No
AM No No No No
PM No No No No
AM No No No No
PM No No No No
AM No No No No
PM No No No No
Notes:
MacArthur Blvd (NS) at Jamboree Rd (EW)
Jamboree Rd (NS) at Campus Dr (EW)
Jamboree Rd (NS) at Bristol St South (EW)
(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.
1.
2.
Campus Dr (NS) at Bristol St North (EW)
Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
3.
4.
5.
6.
7.
8.
9.
10.
Birch St (NS) at Bristol St North (EW)
Birch St (NS) at Bristol St South (EW)
MacArthur Blvd (NS) at Campus Dr (EW)
MacArthur Blvd (NS) at Birch St (EW)
MacArthur Blvd (NS) at Newport Pl Dr/Von Karman Ave (EW)
Table 3
TPO One-Percent Threshold Analysis Summary
ID Study Intersection
Peak
Hour
Project Trips Exceed One Percent?1
MacArthur Blvd (NS) at Bison Ave (EW)
11. Jamboree Rd (NS) at Bristol St North (EW)
12.
14. Von Karman Ave (NS) at Campus Dr (EW)
13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW)
1600 Dove Street Residences
Traffic Impact Analysis
1961531119
V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 AM PM
1. Campus Dr (NS) at Bristol St North (EW)TS 0.37 A 0.62 B 0.38 A 0.62 B +0.01 0.00 No
3. Birch St (NS) at Bristol St North (EW)TS 0.49 A 0.52 A 0.48 A 0.52 A -0.01 0.00 No
4. Birch St (NS) at Bristol St South (EW)TS 0.35 A 0.36 A 0.35 A 0.36 A 0.00 0.00 No
5.MacArthur Blvd (NS) at Campus Dr (EW)4 TS 0.34 A 0.55 A 0.34 A 0.55 A 0.00 0.00 No
6. MacArthur Blvd (NS) at Birch St (EW)TS 0.32 A 0.42 A 0.32 A 0.42 A 0.00 0.00 No
7. MacArthur Blvd (NS) at Newport Pl Dr/Von Karman Ave (EW) TS 0.34 A 0.38 A 0.34 A 0.37 A 0.00 -0.01 No
8.MacArthur Blvd (NS) at Jamboree Rd (EW)4 TS 0.42 A 0.51 A 0.43 A 0.51 A +0.01 0.00 No
10.Jamboree Rd (NS) at Campus Dr (EW)4 TS 0.51 A 0.52 A 0.51 A 0.52 A 0.00 0.00 No
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.
AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour
Table 4
TPO Year 2029 Intersection Levels of Service and Impact Assessment
ID Study Intersection
Traffic
Control1
TPO Without Project TPO With Project
V/C Increase Significant
Impact?
1600 Dove Street Residences
Traffic Impact Analysis
1961532120
1600 Dove Street Residences Revised Traffic Impact Analysis
33 19615
7. CEQA ANALYSIS
This section presents analysis of Year 2029 cumulative conditions. Detailed intersection Level of Service
calculation worksheets for each of the following analysis scenarios are provided in Appendix C.
CUMULATIVE PROJECTS
In addition to the approved projects in the City of Newport Beach (addressed in the TPO analysis), CEQA
requires analysis of cumulative conditions. This CEQA analysis also includes traffic from pending projects in
the Cities of Newport Beach and Irvine, in addition to the approved projects. Pending projects consist of
projects that are in various stages of the application and approval process but are not yet approved. These
projects are considered to be reasonably foreseeable projects in the vicinity of the project and must be
included in the Cumulative conditions analysis for CEQA purposes. The Cities of Newport Beach and Irvine
were consulted and provided the list of cumulative projects to be included in this analysis.
Table 5 includes the trip generation for cumulative projects as provided by the City of Newport Beach,
University of California, Irvine, and City of Irvine. Figure 20 shows the cumulative projects location map.
Cumulative Projects AM and PM peak hour intersection turning movement volumes are shown on Figure 21
and Figure 22.
CEQA YEAR 2029 WITHOUT PROJECT VOLUME FORECASTS
CEQA Year 2029 Without Project volume forecasts were developed by adding cumulative projects trips to
TPO Year 2029 Without Project volumes. CEQA Year 2029 Without Project AM and PM peak hour
intersection turning movement volumes are shown on Figure 23 and Figure 24.
CEQA YEAR 2029 WITH PROJECT VOLUME FORECASTS
CEQA Year 2029 With Project volume forecasts were developed by adding project trips to CEQA Year 2029
Without Project volumes. CEQA Year 2029 With Project AM and PM peak hour intersection turning
movement volumes are shown on Figure 25 and Figure 26.
CEQA YEAR 2029 IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for CEQA Year 2029 Without and With Project
conditions are shown in Table 6. As shown in Table 6, the study intersections are forecast to operate at Levels
of Service D or better during the peak hours for CEQA Year 2029 Without and With Project conditions.
Table 6 also calculates the net change in ICU at the applicable study intersections for CEQA Year 2029 With
Project conditions. As shown in Table 6, the addition of project-generated trips is not forecast to cause any
study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation
by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant
Level of Service impacts at the study intersections for CEQA Year 2029 With Project conditions and no new
mitigation measures are required.
33 121
Table 5 (1 of 2)
Cumulative Projects Trip Generation
Project
ID In Out Total In Out Total
City of Newport Beach
Existing Use
General Office 38.764 TSF
Proposed Use
Multifamily Housing (Mid-Rise)229 DU
NB2 Sage Hill School Expansion Private School (K-8)150 ST 86 66 152 18 21 39 617
Existing Use
Boat Sales 4.487 TSF
Proposed Uses
Multifamily Housing 36 DU
Supermarket 5.096 TSF
NB4 Newport Beach Porsche Auto Dealership 143.494 TSF 195 72 267 139 208 347 3,995
Quality Restaurant 10.240 TSF
Commercial Retail 0.747 TSF
Existing Uses
John Siple/Johnson 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 TSF
Marina 68 Berths
Proposed Uses
Multifamily Housing (Mid-Rise)108 DU
General Office 55.280 TSF
Car Show Room 7.900 TSF
Single-Family Detached Residential 14 DU
General Office 36.620 TSF
Duffield Marine Sales/Office 2.000 TSF
Boat Show Room 10 EMP
High-Turnover Sit-Down Restaurant 3.815 TSF
Quality Restaurant 9.100 TSF
Marina 63 Berths
Multifamily Housing 564 DU
Single-Family Detached Residential 954 DU
Project Name Land Use
Net Trips Generated
AM Peak Hour PM Peak Hour
DailyQuantity1
971
NB6 Newport Village 108 55 163 77 105
NB5 The Garden Restaurant 6 2 8 55
182 2,238
14,778NB7 Newport Coast 413 932 1,345 926 557
6201400 Bristol Street North
ResidencesNB1
NB3 Mother's Market 11 17 28 29 24 53 690
-31 57 26 46 33-13
1,483
29 84
1600 Dove Street Residences
Traffic Impact Analysis
1961534122
Table 5 (2 of 2)
Cumulative Projects Trip Generation
Project
ID In Out Total In Out TotalProject Name Land Use
Net Trips Generated
AM Peak Hour PM Peak Hour
DailyQuantity1
University of California, Irvine
Hospital 144 Beds
Ambulatory Care 225.000 TSF
UCI North Campus Child
Health/Medical Office Medical Office Building 168.000 TSF 331 79 410 162 414 576 5,531
City of Irvine
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 8 1 9 1 7 8 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
Strip Retail Plaza (<40k)5.000 TSF 7 5 12 16 16 32 272
Coffee Donut Shop w/o
Drive-Thru Window 2.730 TSF 130 125 255 44 44 88 1,393
Health Fitness Club 6.900 TSF 5 4 9 14 10 24 205
Hotel 386 RM 138 78 216 116 112 228 3,084
General Office 448.000 TSF 599 82 681 110 535 645 4,856
IR5 Milani Apartments Multifamily Housing (Mid-Rise)287 DU 24 82 106 68 44 112 1,303
IR6 Elements Multifamily Housing (Mid-Rise)700 DU 60 199 259 167 106 273 3,178
IR7 Von Karman Quartz Office General Office 16.538 TSF 22 3 25 4 20 24 179
2,771 2,456 5,227 2,557 2,993 5,550 59,465
Notes:
8,550202
UCI
UCI North Campus
Hospital Project 526 163 689
Total
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
(1) TSF = Thousand Square Feet; DU = Dwelling Units; ST = Students; EMP = Employees; RM = Rooms
IR3 Elements Phase 3
IR4 Landmark
520 722
1600 Dove Street Residences
Traffic Impact Analysis
1961535123
V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 AM PM
1. Campus Dr (NS) at Bristol St North (EW)TS 0.458 A 0.676 B 0.460 A 0.675 B +0.002 -0.001 No
2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)TS 0.545 A 0.496 A 0.544 A 0.498 A -0.001 +0.002 No
3. Birch St (NS) at Bristol St North (EW)TS 0.514 A 0.536 A 0.506 A 0.535 A -0.008 -0.001 No
4. Birch St (NS) at Bristol St South (EW)TS 0.361 A 0.364 A 0.362 A 0.365 A +0.001 +0.001 No
5.MacArthur Blvd (NS) at Campus Dr (EW)4 TS 0.445 A 0.676 B 0.447 A 0.676 B +0.002 0.000 No
6. MacArthur Blvd (NS) at Birch St (EW)TS 0.357 A 0.472 A 0.357 A 0.474 A 0.000 +0.002 No
7. MacArthur Blvd (NS) at Newport Pl Dr/Von Karman Ave (EW) TS 0.401 A 0.436 A 0.408 A 0.429 A +0.007 -0.007 No
8.MacArthur Blvd (NS) at Jamboree Rd (EW)4 TS 0.561 A 0.636 B 0.565 A 0.635 B +0.004 -0.001 No
9. MacArthur Blvd (NS) at Bison Ave (EW)TS 0.453 A 0.483 A 0.454 A 0.484 A +0.001 +0.001 No
10.Jamboree Rd (NS) at Campus Dr (EW)4 TS 0.582 A 0.628 B 0.581 A 0.628 B -0.001 0.000 No
11. Jamboree Rd (NS) at Bristol St North (EW)TS 0.394 A 0.439 A 0.393 A 0.439 A -0.001 0.000 No
12. Jamboree Rd (NS) at Bristol St South (EW)TS 0.656 B 0.669 B 0.656 B 0.598 A 0.000 -0.071 No
13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW)TS 0.643 B 0.686 B 0.644 B 0.687 B +0.001 +0.001 No
14.Von Karman Ave (NS) at Campus Dr (EW)4 TS 0.375 A 0.526 A 0.374 A 0.527 A -0.001 +0.001 No
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.
AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour
Table 6
CEQA Year 2029 Intersection Levels of Service and Impact Assessment
ID Study Intersection
Traffic
Control1
CEQA Without Project CEQA With Project
V/C Increase Significant
Impact?
6
1600 Dove Street Residences
Traffic Impact Analysis
1961536124
PROJECT SITE
Other Development (see Table 5):
City of Irvine
City of Newport Beach
Legend
N
____________________________________________________________________________________________________________________________________________________________________________________________________
Figure 20
Cumulave Projects Locaon Map
1600 Dove Street Residences
Traffic Impact Analysis
19615
MAIN ST37 125
Figure 21
Cumulative Projects
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
RI
STO
L ST
S
AVEIRVINE
BISONAVE
1
2
4
3
5
6
7
12
11
8
10
13
9
Study Intersection
Legend
#
73
73
EASTBLUFF DRMESA DR
UNIVERSITY DR
SA
N
J
OA
Q
U
I
N
H
I
L
L
S
CORR
I
DORN BIRCH STCAMPUS DRB
RI
ST
O
L ST
N
Site
DOVE ST14
6
MacArthur Blvd (NS)/
Birch St (EW)028501711909550
0155
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)02858001190000
4900
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)-62201760101671452764
1671450
9
MacArthur Blvd (NS)/
Bison Ave (EW)03444020100170
6540
1
Campus Dr (NS)/
Bristol St N (EW)0369802032310
2
Campus Dr (NS)/
Bristol St S (EW)147-7082222630
10
Jamboree Rd (NS)/
Campus Dr (EW)9516108618216320193
0024
3
Birch St (NS)/
Bristol St N (EW)052510312412
11
Jamboree Rd (NS)/
Bristol St N (EW)-194250209-312
Jamboree Rd (NS)/
Bristol St S (EW)36402094265
4
Birch St (NS)/
Bristol St S (EW)17031535220
5
MacArthur Blvd (NS)/
Campus Dr (EW)024653093251152540
432580
13
Jamboree Rd (NS)/
University Dr (EW)034761020951700
3000
14
Von Karman Ave (NS)/
Campus Dr (EW)80300-20013151
01560
38 126
Figure 22
Cumulative Projects
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
RI
STO
L ST
S
AVEIRVINE
BISONAVE
1
2
4
3
5
6
7
12
11
8
10
13
9
Study Intersection
Legend
#
73
73
EASTBLUFF DRMESA DR
UNIVERSITY DR
SA
N
J
OA
Q
U
I
N
H
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L
L
S
CORR
I
DORN BIRCH STCAMPUS DRB
RI
ST
O
L ST
N
Site
DOVE ST14
6
MacArthur Blvd (NS)/
Birch St (EW)01400727000220
05719
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)01405202700000
8700
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)10127139021814066181-7
1892940
9
MacArthur Blvd (NS)/
Bison Ave (EW)02016032900530
5330
1
Campus Dr (NS)/
Bristol St N (EW)0255130223-5730
2
Campus Dr (NS)/
Bristol St S (EW)7620125179380
10
Jamboree Rd (NS)/
Campus Dr (EW)1482140361791190105
0094
3
Birch St (NS)/
Bristol St N (EW)0221938-6310
11
Jamboree Rd (NS)/
Bristol St N (EW)1624003737112
Jamboree Rd (NS)/
Bristol St S (EW)2350373213-4
4
Birch St (NS)/
Bristol St S (EW)70-61915260
5
MacArthur Blvd (NS)/
Campus Dr (EW)0119400226101352200
512520
13
Jamboree Rd (NS)/
University Dr (EW)022839035019700
6300
14
Von Karman Ave (NS)/
Campus Dr (EW)5200030012184
01040
39 127
Figure 23
CEQA Year 2029 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
RI
STO
L ST
S
AVEIRVINE
BISONAVE
1
2
4
3
5
6
7
12
11
8
10
13
9
Study Intersection
Legend
#
73
73
EASTBLUFF DRMESA DR
UNIVERSITY DR
SA
N
J
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Q
U
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H
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S
CORR
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DORN BIRCH STCAMPUS DRB
RI
ST
O
L ST
N
Site
DOVE ST14
6
MacArthur Blvd (NS)/
Birch St (EW)22690508179826210024639
1614089
7
MacArthur Blvd (NS)/
Von Karman Ave (EW)3473345551587108183820
2115930
8
MacArthur Blvd (NS)/
Jamboree Rd (EW)9381448564473294432950156
5641060174
9
MacArthur Blvd (NS)/
Bison Ave (EW)1131736824120941728010167
18714740
1
Campus Dr (NS)/
Bristol St N (EW)4181337341429269980167
2
Campus Dr (NS)/
Bristol St S (EW)896204875619091353453
10
Jamboree Rd (NS)/
Campus Dr (EW)202112457311188013692133226
185194111
3
Birch St (NS)/
Bristol St N (EW)786771331434121268182
11
Jamboree Rd (NS)/
Bristol St N (EW)6721673655104142912
Jamboree Rd (NS)/
Bristol St S (EW)21083010489393981244
4
Birch St (NS)/
Bristol St S (EW)229240189347531922194
5
MacArthur Blvd (NS)/
Campus Dr (EW)4873177202104733636966037
6442865
13
Jamboree Rd (NS)/
University Dr (EW)5814492028218373433789032
25099142
14
Von Karman Ave (NS)/
Campus Dr (EW)8532125593167611433590
3135358
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Figure 24
CEQA Year 2029 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
19615JAMBOREE RDMACARTHUR BLVDVON KARMAN AVEB
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Jamboree Rd (EW)2395475111751045516272111450
5891242101
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Bison Ave (EW)156236496601879184170158131
14614167
1
Campus Dr (NS)/
Bristol St N (EW)52182670910362761797107
2
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Bristol St S (EW)820298123825624868485
10
Jamboree Rd (NS)/
Campus Dr (EW)21217891871641144125168255199
123274345
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Birch St (NS)/
Bristol St N (EW)1532892825543661601115
11
Jamboree Rd (NS)/
Bristol St N (EW)6511478972117371012
Jamboree Rd (NS)/
Bristol St S (EW)25047711946246941108
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Bristol St S (EW)260268196433217953111
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Campus Dr (EW)161986608093748029744146
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University Dr (EW)462031391166171639427810012
298106122
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Von Karman Ave (NS)/
Campus Dr (EW)924282969443279128373122
1643981
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Figure 25
CEQA Year 2029 With Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
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Jamboree Rd (EW)9380248582483297425950156
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Bristol St N (EW)4181337341429269994167
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Campus Dr (EW)202114257311187413692133226
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Bristol St N (EW)6691666655104442912
Jamboree Rd (NS)/
Bristol St S (EW)20983010519394021247
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Bristol St S (EW)218240196349520922194
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Campus Dr (EW)4874277202104333636966037
6442865
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25099142
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Figure 26
CEQA Year 2029 With Project
PM Peak Hour Intersection Turning Movement Volumes
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Von Karman Ave (EW)3361928333862366285113
5083981
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Jamboree Rd (EW)2395545111751037511274111450
5891242116
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Bison Ave (EW)156236896601869184170158131
14614167
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Bristol St N (EW)52182670910362761791107
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Bristol St S (EW)820298123825624879485
10
Jamboree Rd (NS)/
Campus Dr (EW)21217891871641159125168255199
123274345
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Birch St (NS)/
Bristol St N (EW)1533012745483661601121
11
Jamboree Rd (NS)/
Bristol St N (EW)6541480972116871012
Jamboree Rd (NS)/
Bristol St S (EW)25097711896246961106
4
Birch St (NS)/
Bristol St S (EW)261268197424228953111
5
MacArthur Blvd (NS)/
Campus Dr (EW)161985608094648029744146
86877140
13
Jamboree Rd (NS)/
University Dr (EW)462036391166170939427810012
298106122
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Von Karman Ave (NS)/
Campus Dr (EW)924262969446279128373122
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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 1383 was analyzed
with 202,585 square feet of general office in the 2006 General Plan EIR. Since the project is constructing 282
multifamily housing dwelling units, the project is proposing 282 additional dwelling units compared to the
2006 General Plan EIR analysis. Therefore, Post 2030 General Plan Buildout With Project conditions were
determined by adding the net increase in dwelling units proposed within TAZ 1383 to the Post 2030 General
Plan Buildout forecasts originally evaluated in the 2006 General Plan EIR. The general office square footage
stayed unchanged in this analysis.
GENERAL PLAN COMPARISON TRIP GENERATION AND TRIP DISTRIBUTION
Table 7 shows the project trip generation based upon trip generation rates obtained from the Institute of
Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021). Based on review of the ITE land
use description, trip generation rates for multifamily housing (mid-rise) not close to transit (Land Use Code
221) were determined to adequately represent the proposed land use and was selected 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 1,280 additional daily trips, including 104 additional trips during the AM peak hour and 110
additional trips during the PM peak hour.
Project residential trip distribution patterns (see Figure 12 and Figure 13) were used for this analysis.
POST 2030 GENERAL PLAN BUILDOUT WITHOUT PROJECT VOLUME FORECASTS
Post 2030 General Plan Buildout Without Project volume forecasts were provided by the City of Newport
Beach based on the 2006 General Plan EIR. Post 2030 General Plan Buildout Without Project AM and PM
peak hour intersection turning movement volumes are shown on Figure 27 and Figure 28.
POST 2030 GENERAL PLAN BUILDOUT WITH PROJECT VOLUME FORECASTS
Post 2030 General Plan Buildout With Project volume forecasts were developed by adding the General Plan
Comparison project trips to Post 2030 General Plan Buildout Without Project traffic volumes. Post 2030
General Plan Buildout With Project AM and PM peak hour intersection turning movement volumes are shown
on Figure 29 and Figure 30.
GENERAL PLAN COMPARISON IMPACT ASSESSMENT
ICU and Levels of Service at the 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:
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1. Campus Drive (NS) at Bristol Street North (EW) (Both AM/PM Peak Hours)
3. Birch Street (NS) at Bristol Street North (EW) (AM Peak Hour)
5. MacArthur Boulevard (NS) at Campus Drive (EW) (PM Peak Hour)
6. MacArthur Boulevard (NS) at Birch Street (EW) (PM Peak Hour)
10. Jamboree Road (NS) at Campus Drive (EW) (PM Peak Hour)
12. Jamboree Road (NS) at Bristol Street South (EW) (AM Peak Hour)
Table 8 also calculates the net change in ICU at the study intersections for Post 2030 General Plan Buildout
With Project conditions. As shown in Table 8, the addition of project-generated trips is not forecast to cause
any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection
operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no
significant Level of Service impacts at the study intersections for Post General Plan Buildout With Project
conditions and no new mitigation measures are required.
45 133
% In % Out Rate % In % Out Rate
Multifamily Housing (Mid-Rise)ITE 221 DU 23% 77% 0.37 61% 39% 0.39 4.54
In Out Total In Out Total
Multifamily Housing (Mid-Rise)3 282 DU 25 79 104 68 42 110 1,280
Notes:
Table 7
General Plan Comparison Trip Generation
Trip Generation Rates
Land Use Source1 Unit2
AM Peak Hour PM Peak Hour
Daily
(1) ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### = Land Use Code
(2) DU = Dwelling Units
(3) The General Plan comparison analysis evaluates an additional 282 DU to NBTM TAZ 1383. Project (282 DU) - TAZ 1383 (0 DU) = 282 DU.
Trips Generated
Land Use Quantity Unit2
AM Peak Hour PM Peak Hour
Daily
1600 Dove Street Residences
Traffic Impact Analysis
1961546134
V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 V/C2 LOS3 AM PM
1. Campus Dr (NS) at Bristol St North (EW)TS 1.024 F 0.948 E 1.026 F 0.950 E +0.002 +0.002 No
2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)TS 0.893 D 0.774 C 0.893 D 0.776 C 0.000 +0.002 No
3. Birch St (NS) at Bristol St North (EW)TS 0.916 E 0.811 D 0.918 E 0.815 D +0.002 +0.004 No
4. Birch St (NS) at Bristol St South (EW)TS 0.547 A 0.625 B 0.550 A 0.626 B +0.003 +0.001 No
5.MacArthur Blvd (NS) at Campus Dr (EW)4 TS 0.809 D 1.241 F 0.809 D 1.241 F 0.000 0.000 No
6. MacArthur Blvd (NS) at Birch St (EW)TS 0.796 C 1.016 F 0.797 C 1.018 F +0.001 +0.002 No
7. MacArthur Blvd (NS) at Newport Pl Dr/Von Karman Ave (EW) TS 0.562 A 0.682 B 0.566 A 0.708 C +0.004 +0.026 No
8.MacArthur Blvd (NS) at Jamboree Rd (EW)4 TS 0.877 D 0.858 D 0.884 D 0.859 D +0.007 +0.001 No
9. MacArthur Blvd (NS) at Bison Ave (EW)TS 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)4 TS 0.930 E 1.180 F 0.933 E 1.184 F +0.003 +0.004 No
11. Jamboree Rd (NS) at Bristol St North (EW)TS 0.681 B 0.606 B 0.681 B 0.607 B 0.000 +0.001 No
12. Jamboree Rd (NS) at Bristol St South (EW)TS 0.942 E 0.867 D 0.942 E 0.868 D 0.000 +0.001 No
13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW)TS 0.681 B 0.667 B 0.682 B 0.668 B +0.001 +0.001 No
14.Von Karman Ave (NS) at Campus Dr (EW)4 TS 0.731 C 0.972 E 0.733 C 0.973 E +0.002 +0.001 No
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.
AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour
Table 8
General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment
ID Study Intersection
Traffic
Control1
General Plan Buildout Without Project General Plan Buildout With Project
V/C Increase Significant
Impact?
1600 Dove Street Residences
Traffic Impact Analysis
1961547135
Figure 27
Post 2030 General Plan Buildout Without Project
AM Peak Hour Intersection Turning Movement Volumes
1600 Dove Street ResidencesTraffic Impact Analysis
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Bison Ave (EW)3903680210602710390330270210
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Bristol St N (EW)54032205104103102010250
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Bristol St S (EW)238051011073013701590670
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Campus Dr (EW)1002030320700171036026028030
800840170
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Bristol St N (EW)11012302704004801730820
11
Jamboree Rd (NS)/
Bristol St N (EW)1140327073074012
Jamboree Rd (NS)/
Bristol St S (EW)21006070021505701020
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Birch St (NS)/
Bristol St S (EW)5003902804508501200210
5
MacArthur Blvd (NS)/
Campus Dr (EW)1501660120240990550770990200
4063060
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Jamboree Rd (NS)/
University Dr (EW)601620240130109027051012010
340110170
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Von Karman Ave (NS)/
Campus Dr (EW)2094030405809037075050
60480100
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Figure 28
Post 2030 General Plan Buildout Without Project
PM Peak Hour Intersection Turning Movement Volumes
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Bristol St N (EW)6001700185012705402880140
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Bristol St S (EW)177041031020605501420630
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Campus Dr (EW)1601950720470266026061085030
360650530
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Bristol St N (EW)18060083014805301730160
11
Jamboree Rd (NS)/
Bristol St N (EW)90026201460104012
Jamboree Rd (NS)/
Bristol St S (EW)23601101490118015001010
4
Birch St (NS)/
Bristol St S (EW)3303004409203801490130
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Campus Dr (EW)3201520801501510910530700160
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University Dr (EW)501940360190192039020011010
340110210
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Campus Dr (EW)20570201601140270240102070
401040140
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Figure 29
Post 2030 General Plan Buildout With Project
AM Peak Hour Intersection Turning Movement Volumes
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5031020
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Von Karman Ave (EW)1411460580606701914417496
17018140
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Jamboree Rd (EW)21018946001505821346711760160
4201120176
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16025010
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Bristol St N (EW)54032205104103102026250
2
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Bristol St S (EW)238051011073013701595670
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Campus Dr (EW)1002050320700171636026028030
800840170
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Bristol St N (EW)11012362824164801730823
11
Jamboree Rd (NS)/
Bristol St N (EW)11413271073474012
Jamboree Rd (NS)/
Bristol St S (EW)21036070421505741024
4
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Bristol St S (EW)5013902884548551200210
5
MacArthur Blvd (NS)/
Campus Dr (EW)1501672120240994550770990200
4063060
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Jamboree Rd (NS)/
University Dr (EW)601623240130109827051012010
340110170
14
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Campus Dr (EW)2094430405819037075050
60480100
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Figure 30
Post 2030 General Plan Buildout With Project
PM Peak Hour Intersection Turning Movement Volumes
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MacArthur Blvd (NS)/
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1501020360
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Von Karman Ave (EW)819601801101280113142272119
860213110
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Jamboree Rd (EW)2908806202711606562243148070
9201570197
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22040050
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Bristol St N (EW)6001700185012705402888140
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Bristol St S (EW)177041031020605501434630
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Campus Dr (EW)1601961720470267726061085030
360650530
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Bristol St N (EW)18061783614885301730167
11
Jamboree Rd (NS)/
Bristol St N (EW)903262301462104012
Jamboree Rd (NS)/
Bristol St S (EW)23671101492118015021012
4
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Bristol St S (EW)3333004449223941490130
5
MacArthur Blvd (NS)/
Campus Dr (EW)3201526801501520910530700160
1601470190
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Jamboree Rd (NS)/
University Dr (EW)501947360190192439020011010
340110210
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Campus Dr (EW)20572201601143270240102070
401040140
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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 analysis of intersections within the designated CMP roadway system.
CMP-MONITORED INTERSECTIONS
The following intersections in the City of Newport Beach are part of the CMP Highway System that require
monitoring to ensure that Level of Service standards are maintained:
Newport Boulevard at Coast Highway
MacArthur Boulevard at Jamboree Road
MacArthur Boulevard at Coast Highway
REQUIREMENTS FOR IMPROVEMENTS
To determine whether the addition of project-generated trips results in an operational impact at a CMP study
intersection, and thus requires improvements, the Orange County CMP utilizes the following requirements:
An operational project impact is defined to occur when a proposed project is forecast to increase traffic
demand at a CMP study facility by more than three percent of capacity (V/C > 0.03), causing or worsening
Level of Service F (V/C > 1.00).
CRITERIA FOR PREPARATION OF CMP IMPACT ANALYSIS
The Orange County CMP uses the following criteria to determine if a proposed development requires analysis:
Development projects forecast to generate 2,400 daily trips or more and have indirect access to a CMP
facility; or development projects forecast to generate 1,600 daily trips or more and have direct access to
a CMP facility; or
Projects with a potential to create an impact of more than three percent of Level of Service E capacity.
Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road)
and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for
preparation of a separate CMP impact analysis.
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10. SITE ACCESS
This section includes a description of project improvements necessary to provide site access and an evaluation
of site access and circulation. The following section is based on the site plan used in this traffic impact analysis.
SITE ACCESS
Vehicular access is proposed to be maintained via existing driveways at Dove Street and Dolphin Striker Way.
The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access. Based on
review of the adjacent development and lane configurations along Dove Street and Dolphin Striker Way, the
existing lane configurations are anticipated to provide adequate circulation. The final parking and circulation
will be reviewed and approved by the City of Newport Beach.
Based on the forecast project trip distribution patterns, the majority of the project trips, particularly resident
trips during the AM/PM peak hours, are expected to access the site via the project driveway at Dove Street.
Dove Street is a four-lane unclassified roadway at the project driveway that connects with other arterial and
regional roadway facilities. Northbound traffic along Dove Street at the project driveway will operate in free-
flow conditions. Right turns into the project site from Dove Street will have no conflicting vehicular
movements and are therefore expected to cause minimal to no delays along Dove Street. The southbound
left turn movement from Dove Street into the project driveway will need to yield to northbound traffic on
Dove Street and may experience small delays while waiting for an acceptable gap, similar to current conditions.
Left turn inbound access to the project site on Dove Street is currently permitted and consistent with adjacent
uses along Dove Street.
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11. VEHICLE MILES TRAVELED (VMT)
BACKGROUND
California Senate Bill 743 (SB 743) directs the State Office of Planning and Research (OPR) to amend the
California Environmental Quality Act (CEQA) Guidelines for evaluating transportation impacts to provide
alternatives to Level of Service that “promote the reduction of greenhouse gas emissions, the development
of multimodal transportation networks, and a diversity of land uses.” In December 2018, the California Natural
Resources Agency certified and adopted the updated CEQA Guidelines package. The amended CEQA
Guidelines, specifically Section 15064.3, recommend the use of Vehicle Miles Travelled (VMT) as the primary
metric for the evaluation of transportation impacts associated with land use and transportation projects. In
general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region.
All agencies and projects State-wide are required to utilize the updated CEQA guidelines recommending use
of VMT for evaluating transportation impacts as of July 1, 2020.
The updated CEQA Guidelines allow for lead agency discretion in establishing 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.
VMT ASSESSMENT AND SCREENING
The project VMT screening is for informational purposes only.
The project VMT impact has been assessed in accordance with guidance provided by the City of Newport
Beach SB743 Implementation (April 6, 2020) [“the City VMT Guidelines”] and City Council Policy K-3. The
transportation guidelines provide a framework for “screening thresholds” for certain projects that are expected
to cause a less than significant impact without conducting a detailed VMT study. The proposed project is
considered a residential land use.
The City VMT Guidelines contain a map of VMT per capita for all existing Newport Beach residential areas
(see Appendix F). VMT per capita in each area is compared to the regional average VMT per capita for Orange
County. This map shows areas where residential development have a VMT per capita lower than the Orange
County regional average and may therefore be presumed to result in a less than significant VMT impact based
on guidance provided in the OPR Technical Advisory.
The proposed project is in an area with low residential VMT per capita. Therefore, the proposed project is
presumed to have a less than significant impact on VMT since it satisfies the City-established screening
criteria. No additional VMT modeling or mitigation measures are required.
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12. CONCLUSIONS
This section summarizes the findings and mitigation measures (if any) identified in previous sections of this
study.
PROJECT TRIP GENERATION
The existing project site land use is estimated per Table 2 to generate approximately 658 daily trips, including
92 trips during the AM peak hour and 88 trips during the PM peak hour. The proposed project site land use
is forecast to generate approximately 1,280 daily trips, including 104 trips during the AM peak hour and 110
trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of
approximately 622 net new daily trips, including 12 net new trips during the AM peak hour and 22 net new
trips during the PM peak hour.
TPO IMPACT ANALYSIS
The addition of project-generated trips is not forecast to cause any study intersection to operate deficiently
(Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity;
therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections
for TPO Year 2029 With Project conditions and no improvements are required.
CEQA YEAR 2029 IMPACT ANALYSIS
The addition of project-generated trips is not forecast to cause any study intersection to operate deficiently
(Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity;
therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study
intersections for CEQA Year 2029 With Project conditions and no new mitigation measures are required.
CEQA GENERAL PLAN COMPARISON IMPACT ANALYSIS
The addition of 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 (INFORMATIONAL PURPOSES ONLY)
The proposed project is located in an area with VMT per capita lower than the Orange County regional
average for residential use. Per the City VMT Guidelines, the project is therefore presumed to have a less than
significant impact on VMT.
CONGESTION MANAGEMENT PROGRAM
Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road)
and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for
preparation of a separate CMP impact analysis.
SITE ACCESS AND CIRCULATION
Vehicular access is proposed to be maintained via existing driveways at Dove Street and Dolphin Striker Way.
The project driveways at Dove Street and Dolphin Striker Way will continue to provide full access. Based on
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review of the adjacent development and lane configurations along Dove Street and Dolphin Striker Way, the
existing lane configurations are anticipated to provide adequate circulation.
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APPENDICES
Appendix A Glossary
Appendix B Volume Count Worksheets
Appendix C Level of Service Worksheets
Appendix D Approved Projects List and Cumulative Projects
Appendix E TPO One-Percent Threshold Analysis
Appendix F Existing VMT per Population Map
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Exhibit G
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved Residences at
1600 Dove Street Affordable Housing Implementation Plan and Density Bonus
Application dated April 22, 2024 (except as modified by applicable conditions of approval).
2.Prior to the issuance of building permits, the applicant shall obtain all applicable
discretionary permits (e.g. Site Development Review). The Applicant shall comply with
all conditions of approval for said discretionary permits.
3.The Project is subject to compliance with all applicable submittals approved by the City
of Newport Beach (“City”) and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
4.The Approval of the Affordable Housing Implementation Plan granted under PA2022-
0297 shall expire unless exercised within twenty-four (24) months from the date of
approval as specified in Section 20.54.060 of the Newport Beach Municipal Code
(“NBMC”), unless an extension is otherwise granted by the City for a period of time
provided for in the Development Agreement pursuant to California Government Code
Section 66452.06(a).
5.The proposed residential development shall consist of 282 apartment units, inclusive of
188 base units (conversion and GPA units) and 94 density bonus units.
6.A minimum of 28 apartment units shall be made affordable to very-low-income
households consistent with the approved Residences at 1600 Dove Street Affordable
Housing Implementation Plan and Density Bonus Application dated April 22, 2024.
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 Applicant shall comply with all provisions of the Development Agreement including
payment and timing of the public benefit fees.
9.A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be
retained and compensated as a Native American Monitor for the project site prior to the
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Planning Commission Resolution No. PC2024-008
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01-17-23
commencement of any ground-disturbing activity to the completion of ground disturbing
activities to monitor grading and excavation activities.
10. The monitor shall be retained prior to the commencement of any “ground-disturbing
activity” for the subject project. “Ground-disturbing activity” shall include any demolition
that includes subterranean impacts, mass grading, and excavation. The monitor is
expected to accommodate the construction schedule provided by the Applicant. The
Applicant shall make a good faith effort to notify the monitor of any changes to the
construction schedule at least 24 hours in advance.
11. A copy of the executed monitoring agreement shall be submitted to the City prior to the
commencement of any ground-disturbing activity, or the issuance of any permit
necessary to commence a ground-disturbing activity.
12. The monitor shall complete daily monitoring logs that will provide descriptions of the
relevant ground-disturbing activities, the type of construction activities performed,
locations of ground-disturbing activities, soil types, cultural-related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs
will identify and describe any discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains, places of significance, etc.,
(collectively, tribal cultural resources, or “TCR”), as well as any discovered Native
American (ancestral) human remains and burial goods. Copies of monitor logs shall be
provided to the project applicant/lead agency upon written request to the monitors.
13. On-site tribal monitoring shall conclude upon the earlier of the following: (1) written
confirmation to the consulting tribe from a designated point of contact for the project
applicant/lead agency that all ground-disturbing activities and phases that may involve
ground-disturbing activities on the project site or in connection with the project are
complete; or (2) a determination and written notification by the consulting tribe to the
project applicant/lead agency that no future, planned construction activity and/or
development/construction phase at the project site possesses the potential to impact
TCRs of the consulting tribe.
14. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (i.e., within the surrounding 25 feet) and shall not resume until the
discovered TCR has been fully assessed by the monitor and/or archaeologist. The
monitor will recover and retain all discovered TCRs in the form and/or manner the tribe
deems appropriate, in the tribe’s sole discretion in coordination with the applicant, and
for any purpose the tribe deems appropriate, including for educational, cultural and/or
historic purposes.
15. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation
or cremation, and in any state of decomposition or skeletal completeness. Funerary
objects, called associated grave goods in Public Resources Code Section 5097.98, are
also to be treated according to this statute.
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16. 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.
17. Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
18. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
19. Any discovery of human remains/burial goods shall be kept confidential to prevent
further disturbance.
20. 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.
21. 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.
22. 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 the Residences at 1600 Dove Street including, but not
limited to, General Plan Amendment, Affordable Housing Implementation Plan,
Development Agreement, Addendum to the 2006 General Plan Update Program
Environmental Impact Report, and Traffic Study, (PA2022-0297). 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, and/or 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.
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Attachment No. PC 2
Applicant’s Project Description and
Letters of Support
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#182881468_v1
1600 Dove Street
Project Description
The Picerne Group Inc. (“Applicant”), applicant of the proposed project at 1600 Dove Street in
the City of Newport Beach (“Property”), hereby submits the following project description to
the City’s Community Development Department.
The 1600 Dove Street Project (“Project”) is a proposed 7-story apartment building comprised
of 282 residential units, podium level amenity space, a leasing office, roof-top common space,
and approximately 530 parking spaces within an on-grade parking garage with two and a half
subterranean levels. Residential units within the Project will include a mix of studios, one-
bedroom units, two-bedroom units and potentially three-bedroom units.
The Project is located on a 2.49 acre site at the corner of Dove Street and Dolphin Strike Way.
The current use is a 60,675 sq. ft., 4-story office building with a surface parking lot. The
Property is currently zoned Planned Community (“PC”)-11 and is situated in the Residential
Overlay, and is designated as Mixed Use Horizontal 2 (“MU-H2”) under the City’s General
Plan. The Project proposes a General Plan Amendment to obtain additional density allocated to
the Airport Area (Statistical Area L4).
The Project’s base density consists of 188 units (139 units from the conversion of the office
building to residential and 49 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 (94 units) in exchange for providing the necessary level of affordable housing. Of the
282 total units, 254 will be market rate units and 28 will be affordable units. The 49 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
The entitlements currently requested for the Project include (i) a General Plan Amendment; (ii)
a Traffic Study pursuant to Newport Municipal Code Chapter 15.40; (iii) a Development
Agreement, and (iv) preparation and approval of an Addendum to the City’s General Plan
Environmental Impact Report (“EIR”) under the California Environmental Quality Act.
Applicant will submit an Affordable Housing Implementation Plan (“AHIP”) for the City’s
review and approval at a future date when project design approvals are sought. Applicant
reserves the right to utilize any SDBL concessions, incentives or waivers that the Project is
entitled to, for either the currently requested entitlements or subsequent design approvals.
1 Gov. Code §§ 65915 et seq.
2 Gov. Code § 65915(d)(2)(C).
3 Gov. Code § 65915(e).
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City of Newport Beach Planning Commission and City Council,
I am writing this letter to show my support for The Picerne Group's proposed luxury apartment
development at 1600 Dove Street. Thjs project is going to bring new life to the area and expand the
customer base for local retail businesses.
As a local business owner, I am excited to welcome the residents of this new apartment project and know
that it will benefit the community. The Picerne Group has a proven track record of developing successful,
high-quality projects, and this is exactly the type of project that our neighborhood and businesses need.
Sincerely,
Twitter: ®theclassicq
Facebook: The Classic Q
Instagram: theclassicq
Ronnie Lutfi
Owner
Classic Q
4251 MacArthur Blvd.
Newport Beach, CA 92660
Tel: (949) 261-9458
Fax: (949) 261-1065
Email: ron@classicq.com
www.classicq.com
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Attachment No. PC 3
Fiscal Impact Memorandum
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3527 Mt. Diablo Blvd. #248, Lafayette, CA 94549 ◼ Tel 925.934.8712
www.adeusa.com
MEMO
TO: Liz Westmoreland, Senior Planner
City of Newport Beach
FROM: Doug Svensson
DATE: April 17, 2024
SUBJECT: Fiscal Analysis for the 1600 Dove St. 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.
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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 an existing 4-story office building, with a total of 60,675 sq. ft., to
a 7-story apartment building comprised of 282 residential units, podium level amenity space, roof top
common space and parking. At this stage of project planning, the project sponsor has not determined
a mix of units types for the project. For purposes of this analysis, ADE reviewed project plans for
several other large multi-family developments in Newport Beach and devised a potential unit mix that
would include 25 studios, 141 one-bedroom units and 116 two-bedroom units. Based on available
market data, unit sizes may range from 526 sq. ft. for the studios to 1,153 for the two-bedroom units.
Of the 282 total units, 254 will be market rate and 28 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 612 persons. The existing office uses are estimated to support 221 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. 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 in 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.
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TABLE 1:
SELECTED APARTMENT ASKING RENTS, NEWPORT BEACH,
AUGUST 2023
PROJECT/SIZE 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
Monthly Rent $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
Monthly Rent $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
TABLE 2:
ESTIMATED AVERAGE UNIT SIZES AND PROJECTED RENT LEVELS FOR
PROPOSED 1600 DOVE PROJECT
UNIT
TYPE SIZE
MARKET RATE AFFORDABLE
TOTAL
UNITS NO.
RENT/
SQ.
FT.
RENT/
UNIT NO.
RENT/
SQ. FT.
RENT/
UNIT
Studio 526 23 $6.10 $3,210 2 $1.98 $1,042 25
1 Bdrm 815 127 $4.98 $4,060 14 $1.46 $1,191 141
2 Bdrm 1,153 104 $4.20 $4,840 12 $1.16 $1,340 116
254 28 282
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.2 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/sq. ft. shown in Table 3 would be equivalent to a cap rate of
2 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.
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about 4.1%, 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 $1,180
per sq. ft., which equates to an average of $1.1 million per unit. For the affordable units, the value is
prorated to $351 per sq. ft. based on the difference in rent levels. Based on these values, the
apartment units would have an aggregate assessed value of $287.3 million.
TABLE 3:
AVERAGE SALES PRICES PER SQ. FT. FOR MULTI-FAMILY
SALES IN NEWPORT BEACH, 2022-2023
UNIT
CLASSIFICATION YEAR BUILT
NO. OF
ADDRESSES
AVERAGE SALES
PRICE PER SQ. FT.
Multi-Family 1924-1977 37 $1,337
Condominium 1960-1997 140 $981
Condominium 2001-2012 12 $1,098
Condominium 2015-2021 9 $1,392
Total Average 198 $1,111
Value Assumed for 1600 Dove Market Rate Units $1,180
Value Assumed for 1600 Dove Affordable Units $351
Source: ADE, Inc., based on data obtained from CoreLogic, Inc.
The analysis also estimates household income for the residents 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.
. ADE 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.
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TABLE 4:
ESTIMATES OF HOUSEHOLD INCOME AND SALES TAX
GENERATION FOR NEWPORT BEACH
UNIT
TYPE INCOME
PERCENT
TAXABLE
SALES UNITS
TOTAL
ANNUAL
SALES
TAX
Affordable Units
Studio $47,450 27.5% 2 $175
1 Bdrm $54,200 24.6% 14 $1,260
2 Bdrm $64,375 23.5% 12 $1,176
Market Rate Units
Studio $128,400 20.0% 23 $3,957
1 Bdrm $162,400 18.8% 127 $25,959
2 Bdrm $250,000 13.8% 104 $24,132
Total 282 $56,658
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 be about $697,500 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
$_747,300.
The proposed project is estimated to cost the City about $705,600 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
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City population generate a higher rate of EMS calls. Based on the anticipated age breakdown for the
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.
TABLE 5:
PROJECTED FISCAL IMPACT OF THE PROPOSED PROJECT AT 1600 DOVE AND THE
EXISTING OFFICE USE
Budget Category
Annual Revenues/Costs
Proposed Project Existing Office Use
REVENUES
GENERAL FUND
Property Tax $459,157 $19,856
Property Tax in lieu of Vehicle License Fees $47,074 $2,036
Sales Tax $56,658 $27,403
Transient Occupancy Tax $0 $0
Franchise Fees $5,740 $7,124
Business Licenses $0 $12,780
Other Intergovernmental $7,632 $2,757
Charges for Service $61,019 $22,047
Fines, Penalties, and Forfeitures $12,667 $4,577
Licenses and Permits $1,422 $514
Use of Property $30,222 $10,920
Other Revenue $11,892 $4,297
Interest Income $3,991 $658
SUBTOTAL GENERAL FUND $697,474 $114,968
GAS TAX $29,799 $0
MEASURE M $20,068 $3,521
SUBTOTAL OTHER FUNDS $49,867 $3,521
TOTAL REVENUE $747,341 $118,489
EXPENDITURES
GENERAL FUND
General Government $48,224 $15,251
Police $120,973 $63,803
Fire $161,419 $69,930
Public Works $167,565 $60,544
Community Development $12,160 $4,394
Community Services $184,559 $0
SUBTOTAL GENERAL FUND $694,901 $213,922
GAS TAX $6,246 $5,383
MEASURE M $4,462 $3,845
SUBTOTAL OTHER FUNDS $10,708 $9,228
TOTAL EXPENDITURES $705,609 $223,150
NET (COST)/REVENUE $41,732 ($104,661)
Source: ADE, Inc.
The City was also able to provide data on police calls for service for the One Uptown Newport project.
The data indicate about one-quarter the rate of calls and 15% fewer arrests compared to the per
capita rates for the City as a whole. To some extent, these rates may reflect differences in
socioeconomic variables at the project compared to the Citywide population. Factoring these
reductions into the calculation of police costs, ADE estimates the total police services costs for the
1400 Dove project would be about half of what the fiscal model would otherwise calculate. Other
180
A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 7
police costs included in the analysis relate to offsite traffic enforcement, animal control and support
services.
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. Based on the fiscal model analysis the
proposed project may generate positive net revenue of $41,700 per year.
The existing office use is estimated to generate a negative fiscal impact for the City, estimated at
about $104,700 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. At $12.4 million, the
assessed value is equivalent to about $195 per sq. ft. for the office space. This is low in comparison to
other office properties in the market area. It is possible a new office building on this site would
generate more property taxes than the existing use.
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.
CONCLUSION
The proposed rental residential use of the site would generate a positive fiscal impact for the City,
compared to the negative fiscal impact of the existing office use of the site. This is due to the
assumption that this project would attract a younger, higher income demographic that would have
lower demands on City services than the typical Newport Beach resident. This is not consistent with
the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some
other very high value luxury residential projects have shown a positive fiscal benefit. If the proposed
project resident profile turns out to be more like the average Newport Beach demographic, or if it
changes in that direction over time, then the project would have a lower, or possibly negative impact
on the City budget. However, even so, 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 Thus, any negative fiscal impacts of future residential development can
potentially be mitigated as long as commercial development keeps pace throughout the City.
4 Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3.
181
INTENTIONALLY BLANK PAGE182
Attachment No. PC 4
Conceptual Exhibits
183
INTENTIONALLY BLANK PAGE184
1600 DOVE
ENTITLEMENT EXHIBIT & REPRESENTATIVE ELEVATIONS
APRIL 18, 2023
DOVE STMACARTHUR BLVDSITE
185
1600 DOVE
NEWPORT BEACH, CALIFORNIA
TCA # 2022-060
ENTITLEMENT EXHIBIT & REPRESENTATIVE ELEVATIONS
APRIL 18, 2023
A-1.140’0’80’160’CONCEPTUAL DEVELOPMENT PLAN
A R C H I T E C T S
N0'20'10' 40'ENTITLEMENT SUBMITTAL #11600 DOVENEWPORT BEACH, CA JANUARY 12, 2023 A-1.3LEVEL 2 (PODIUM) - FLOOR PLANTPGTCA# 2022-060
LEGEND
6 STORIES OF RESIDENTIAL
OVER PARKING
COURTYARD
PERIMETER LANDSCAPE WESTERLY PL.WESTERLY PL.MACARTHUR BLVD.MACARTHUR BLVD.DOLPHIN-STRIKER WAYDOLPHIN-STRIKER WAY
VEHICULAR ENTRY VEHICULAR ENTRY
RESIDENTIAL APARTMENTSRESIDENTIAL APARTMENTS
VEHICULAR ENTRY VEHICULAR ENTRY DOVE ST.DOVE ST.186
1600 DOVE
NEWPORT BEACH, CALIFORNIA
TCA # 2022-060
ENTITLEMENT EXHIBIT & REPRESENTATIVE ELEVATIONS
APRIL 18, 2023
A-1.2REPRESENTATIVE ELEVATIONS
187
INTENTIONALLY BLANK PAGE188
RESIDENCES AT 1600 DOVE STREET
Planning Commission, Public Hearing
May 23, 2024
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
PROJECT LOCATION
2
Project Site
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
LAND USE AND ZONING
3
General Plan:
•MU-H2: Mixed Use Horizontal
•Allows residential/mixed use
•Conversion of existing office/commercial
Zoning:
•PC-11: Newport Place
•Residential Overlay
Airport Environs Land Use Plan:
•Safety Zone 6
•60 dba CNEL noise contour
•Both allow residential use
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
PROJECT DESCRIPTION Demolition of office building•60,675 SF•2.49 acre site
Development of 282apartment units•254 market rate units•28 affordable units
High level entitlements only•No specific design yet•SDR in future
Podium style construction•Parking on first level•7 stories•100 feet high
4
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
ENTITLEMENTS REQUESTED
•General Plan Amendment
•Add 49 dwelling units
•Revise Anomaly in Table LU2
•Affordable Housing Implementation Plan
•Development Agreement
5
•Traffic Study
•Addendum to the 2006 General Plan EIR
•CEQA
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
DWELLING UNIT SUMMARY
6
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
CONCEPTUAL ELEVATIONS
7
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
DENSITY BONUS AND AHIP
8
Development Standard Waivers:
•Park dedication requirement•½ Acre
•Residential density range•50 DU/AC maximum vs. 113 DU/AC overall
•Building height•100 feet vs. 55 feet
Incentives/concessions:
•Modify Affordable Unit Mix
•Partial waiver of in-lieu park fees
• $714,212 to be provided
•$1,837,500 required
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
DEVELOPMENT AGREEMENT
9
•10-year term
•General Public Benefit Fee subject to CPI after 2 years
•Fees based on a per unit cost
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
CEQA ADDENDUM AND TRAFFIC STUDY
10
Addendum to the 2006 General Plan EIR
•Concludes that no additional environmental review is necessary
•Project consistent with analysis in 2006 GP Update EIR
Traffic Study
•Net increase of 624 trips
•No impacts to local intersections
•No mitigation required
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
Community Development Department - Planning Division 11
Charter Section 423 Analysis
Statistical Area L4
Increase in
Allowed Floor
Area (sq. ft.)
Increase in
Allowed
Dwelling
Units
Increase in
A.M. Peak
Hour Trips
Increase in
P.M. Peak
Hour Trips
Proposed Project 0 49 18 19
80% of Prior
Amendments
Combined
1.Residences at 1400
Bristol Street
(PA2022-0296)
0 51 19 2
TOTALS 0 100 37 21
Section 423
Thresholds >40,000 >100 >100 >100
Vote No No No No
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
RECOMMENDATION AND NEXT STEPS
Recommendation
•Planning Commission
adopt resolution
recommending
approval of project to
City Council
Next Steps
•Airport Land Use
Commission Review
•City Council Public
Hearing(s)
12
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
THANK YOU
Liz Westmoreland, Senior Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
13
Planning Commission - May 23, 2024 Item No. 4a - Additional Materials Presented at the Meeting by Staff Residences at 1600 Dove Street (PA2022-0297)
1600 DOVE STREETPLANNING COMMISSION 5/23/2024
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
OUTLINE
Project Team
Project Sponsor
Project Context
Product Evolution
Community Support
Community Commitment
2024 1600 DOVE STREET 2
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
PROJECT TEAM
2024 1600 DOVE STREET 3
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
2024 1600 DOVE STREET 4
ONE UPTOWN (NEWPORT BEACH, CA)
BLU (LAGUNA NIGUEL, CA)
Stable:
•Founded in 1988
•Privately-owned and self-funded, family officeheadquartered in Newport Beach, California
Reliable:
•Long-term ownership
•Proven track record in Newport Beach as developerof One Uptown Newport
Community-Minded:
•Community involvement and investment through thePicerne Family Foundation
•Thoughtful urban planners and communitydevelopers
•Commitment to Newport Beach and developing awalkable residential neighborhood in the Airport Area
Experienced:
•Executive Team comprised of leading industryprofessionals
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
CONTEXT MAP
2024 1600 DOVE STREET 5
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
CURRENT CONDITION
2024 1600 DOVE STREET 6
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
NEWPORT BEACH PRODUCT EVOLUTION
2024 1600 DOVE STREET 7
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
•Kalaveras
•BikeHouse
•Mario’s Butcher Shop & Deli
•Benihana
•Jerry’s Sandwich Shop
•Bar One by Il Barone
•Celebrity Cleaners
•Sunny Fresh Cleaners
•Gulliver’s Restaurant
•Rockin Gyoza
•Be Simon’s Tailoring
•Newport Car Wash & DetailCenter
•Copy 4 Less
•Green Hanger Cleaners
•Pita Pita
•Classic Q
•Baycourt Liquor
•Club Champion
•FedEx
•Scott Baugh (CA-47 Candidate)
COMMUNITY SUPPORT
2024 1600 DOVE STREET 8
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
COMMITMENT TO THE COMMUNITY
•Create a safe, well-designed
project compatible with the
surrounding area
•Help meet City’s 2021-2029
RHNA
•Help meet City’s 2021-2029
RHNA affordable housing
requirements.
Support Local Businesses and Employers
•Bring new residents to
expand the customer base
•Support businesses for the
duration of the day
(morning, lunch, and
evening)
•Create quality housing in
close proximity to the
Newport Beach Airport
Area employment base.
Respect the Community
•Local developer with a
history of working in
Newport Beach
•Coordination with the
community to address
potential concerns
•Revitalization of the Airport
Area into a dynamic
walkable village
2024 1600 DOVE STREET 9
Address Housing Need
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)
CONCLUSION
Planning Commission - May 23, 2024 Item No. 4b - Additional Materials Presented at the Meeting Residences at 1600 Dove Street (PA2022-0297)