HomeMy WebLinkAboutNorth Newport Center PC_500-600 Blk Newport Center Dr (PA2007-151CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 15, 2007
Agenda Item 4
SUBJECT: North Newport Center Planned Community (PA2007 -151)
500 -600 Blk Newport Center Drive, 42000 Blk San Joaquin Plaza
■ Code Amendment No. CA2007 -007
■ PC Development Plan Amendment No. PD2007 -003
■ Development Agreement No. DA2007 -002
■ Traffic Study No. TS2007 -001
APPLICANT: The Irvine Company
CONTACT: Patrick J. Alford, Senior Planner
(949) 644 -3235 palfordi(cDcitv.newport- beach.ca.us
PROJECT SUMMARY
The following discretionary approvals are requested or required in order to implement
the project as proposed:
Code Amendment No. CA2007 -007 to change the zoning classification of Block
600 from the Administrative Financial Professional (APF) District to the Planned
Community (PC) District and the open space comer lots in Block 500 and Block
600 from the Open Space (OS) District to the Planned Community (PC) District.
Planned Community Development Plan Amendment No. PD2007 -003 to adopt a
new Planned Community Development Plan for Fashion Island, Block 600 and
portions of San Joaquin Plaza and Block 500 and to remove these areas from
the San Joaquin Plaza Planned Community Development Plan and the Block
500 Planned Community Development Plan.
3. Development Agreement No. DA2007 -002 to vest development rights and
establish a public benefit contribution to the City.
4. Traffic Study No. TS2007 -001 to evaluate potential traffic impacts and circulation
system improvements.
5. An Affordable Housing Implementation Plan specifying how the development will
meet the City's affordable housing goal.
6. Transfer of Development Rights finding that the transfer is consistent with the
intent of the General Plan and will not result in any adverse traffic impacts.
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North Newport Center PC
November 15, 2007
Page 3
GENERAL PLAN
ZONING
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1 K# !•K • 9'r; .
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LOCATION GENERAL PLAN
ZONING
CURRENT USE
San Joaquin Plaza
Planned Community (PC-
Regional Commercial (CR);
19); Administrative,
Regional shopping center; hotel
ON-SITE
Mixed Use Horizontal 3
Professional, Financial
Business and professional
(MU -1-13); Open Space (OS)
(APF); Block 500 Planned
offices
Community (PC -46);
Open Space OS
Single Unit Residential
Attached (RS -A); Single
NORTH
Unit Residential
Big Canyon Planned
Single -unit residential; multiple -
Detached (RS -D);
Community (PC -8)
unit residential
Multiple Unit Residential
RM
SOUTH
Medical Commercial
Administrative,
Professional, Financial
Business and professional
Office (CO-M)
offices
Mixed Use Horizontal 3
Block 500 Planned
EAST
(MU -H3); Medical
Community (PC -46);
Business, medical and
Commercial Office (CO-
Block 400 Planned
professional offices
M)
Communi PC -28
Administrative,
Professional, Financial
General Commercial
(APF); Land Rover
(CG); Public Facilities
Planned Community (PC-
Service station; automobile
(PF); Private Institutional
20); Government,
dealership; NBPD /Fire Station
(PF); Regional
Educational, and
No. 3; museum; business and
WEST
Commercial Office (CO-
Institutional Facilities
professional office; hotel;
R); Visitor Serving
(GEIF); Block 500
multiple -unit residential
Commercial (CV);
Planned Community (PC-
Multiple Unit Residential
46); Block 800 Planned
(RM)
Community (PC -23);
Multiple Family
Residential MFR
North Newport Center PC
November 15, 2007
Page 4
TRODUCTION
Proiect Settin
The proposed North Newport Center Planned Community is located in Newport
Center /Fashion Island, a regional center of business and commerce that includes major
retail, professional office, entertainment, recreation, and residential. The proposed
Planned Community consists of Fashion Island, Block 600, and portions of San Joaquin
Plaza and Block 500. Fashion Island (approximately 75 acres) is developed with a
regional shopping center consisting of anchor department stores, retail stores,
restaurants, and a cinema. Block 600 (approximately 25 acres) is developed with the
295 -room Island Hotel and high -rise business and professional office buildings and
parking structures. The subject portion of Block 500 (approximately 15 acres) is
developed with high -rise and low -rise business, professional and medical office
buildings and surface parking. The subject portion of San Joaquin Plaza (approximately
23 acres) is developed with a complex of low -rise business and professional offices, a
parking structure, and surface parking.
The areas surrounding the proposed Planned Community are developed. To the north
of San Joaquin Plaza, Block 600, and Block 500, and across San Joaquin Hills Road,
land uses include residential and a golf course within the Big Canyon Planned
Community (PC -8). To the south and west is low -rise and mid -rise business, medical
and professional office development. To west of Fashion Island is the Granville
residential community, the Newport Beach Marriott Hotel, and business and
professional offices. To the west of San Joaquin Plaza is a mix of institutional and
commercial uses and public facilities.
Project Description
The proposed North Newport Center Planned Community Development Plan (Exhibit
10) is a set of land use, development and administrative regulations for Fashion Island,
Block 600 and portions of San Joaquin Plaza and Block 500 (identified by the shaded
areas on the Vicinity Map). The PC Development Plan includes a set of Design
Regulations, which expand upon the regulations of the Development Plan and are
intended to insure that future development implement the Land Use Element policies for
Newport Center. If adopted, the PC Development will replace the existing Planned
Community Development Plan for Fashion Island (PC -35). The Planned Community
Development Plans for San Joaquin Plaza (PC -19) and Block 500 (PC -46) will be
amended to remove the North Newport Center properties (Exhibits 11 and 12,
respectively).
Districting Maps No. 48, No. 49, and No. 50 (Exhibits 13, 14, and 15, respectively)
would be amended to reflect the zoning reclassification of Block 600 from the
Administrative Financial Professional (APF) District to the Planned Community (PC)
District and the "open space corner" lots in Block 500 and Block 600 from the Open
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Space (OS) District to the Planned Community (PC) District. The "open space corner"
lots would continue to be limited to landscaping and project identification signs.
The project includes a transfer of development rights, which will allow development
rights to be transferred through a change in location of use and /or a conversion of non-
residential use to any other non - residential use allowed by the General Plan. The
proposed transfer of development rights will require a finding by the City Council that
the transfer is consistent with the intent of the General Plan and will not result in any
adverse traffic impacts.
The project includes a development agreement (Exhibit 16), which is required by
General Plan policy LU 6.14.8 and Section 15.45.020 of the Newport Beach Municipal
Code. The development agreement vests development rights and establishes a public
benefit contribution to the City.
The project includes an Affordable Housing Implementation Plan (Exhibit 17), which
provides options for how future development will meet the City's affordable housing
goal.
Background
On July 25, 2006, the City Council certified Environmental Impact Report (SCH No
2006011119) for the City of Newport Beach General Plan 2006 Update. The FEIR
addresses the potential environmental impacts associated with the build -out of the City,
inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza (North
Newport Center).
On November 7, 2006, the General Plan 2006 Update is approved by voters.
On March 13, 2007, the City Council adopts Ordinance No. 2007 -6 requiring
development agreements for certain development projects, including those with 50 or
more dwelling units and new non - residential development in Newport Center.
On July 24, 2007, the application for the proposed project was submitted to the
Planning Department.
On August 14, 2007, the City Council authorized a committee of Mayor Rosansky and
Mayor Pro Tern Selich to negotiate the proposed development agreement with the
Irvine Company.
On October 30, 2007, a special joint Planning Commission /City Council meeting was
held to receive a presentation by the Irvine Company on the proposed North Newport
Center Planned Community.
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DISCUSSION
Analysis
Proposed PC Development Plan
Land Use and Development Regulations
Newly created provisions within the General Plan allow for the introduction of new
residential opportunities, new retail square footage, hotel units and expanded office
development into the Newport Center /Fashion Island area. The proposed PC
Development Plan has defined these opportunities and are generally grouped as
Fashion Island Sub -Area and Mixed -Use Sub - Areas.
The PC Development Plan also defines development limits which are consistent with
those established by the General Plan and are identified in the table below.
Development Limits
Land Use
Fashion
Block
Block
San
Joaquin
Total
Island
500
600
Plaza
Regional
1,619, 525
1,619,525
Commercial
sgeete
0
0
0
square feet
1,700
1,700 seats
seats
(27,500
Movie Theatre
(27,500
0
0
0
square
square
feet)
feet)
Hotel
(A)
(B)
425(8)
(B)
490
Residential
0
(C)
(C)
(C)
430
285,142
1,001,634
337,261
1,746,979
Office /Commercial
0
square
square
square
square feet
feet
feet
feet
A. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
B. 65 additional hotel rooms may be located in Block 500, Block 600 or San Joaquin Plaza.
C. Residential units are permitted in Block 500, Block 600 and San Joaquin Plaza so long as
the total number of units does not exceed 430 units.
Fashion Island Sub -Area: Fashion Island is the primary retail hub within Newport
Center and is developed with retail, dining and commercial entertainment uses.
Permitted uses for Fashion Island include uses in support of the existing retail, dining
and commercial entertainment uses. Fashion Island is intended to be a vibrant regional
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retail and entertainment center and a day /evening destination with a wide variety of
uses which will serve visitors, residents and employees of the area. The total gross
floor area for Fashion Island is 1,619,525 plus the 1,700 -seat movie theater. The movie
theater building area is equivalent to and may be converted to 27,500 square feet of
retail development. The conversion of the movie theater to retail space shall not require
any additional parking. No residential uses are permitted within the Fashion Island sub-
area boundary.
Mixed -Use Sub - Areas: The Mixed -Use blocks include Block 500, Block 600 and San
Joaquin Plaza. The Mixed -Use blocks are generally comprised of administrative,
professional, and financial office uses. Block 600 contains hotel and related ancillary
uses as well. This Development Plan allows for the diversification of land uses in order
to encourage new and original uses consistent with the Mixed -Use concept as
established in the General Plan. Permitted uses for the Mixed -Use blocks include
offices, light general commercial, hotel, residential and other mixed uses in accordance
with the General Plan MU -H3 land use designation. Up to 430 residential units and 490
hotel rooms are permitted within the Mixed -Use blocks.
Development rights may be transferred through a change in location of use(s) and /or a
conversion of non - residential use to any other non - residential use allowed by the
General Plan and this Planned Community Development Plan or applicable zoning at
the receiving site(s). Residential use may be relocated, but may not be converted to or
from another use.
The transfer of development rights may occur only if the transfer will not result in any
adverse traffic impacts and will not result in greater intensity than development allowed
without the transfer.
Site Development Standards
The following typical site development standards shall apply to the North Newport
Center Planned Community. Most of the standards were established under previously
approved PC Development Plans and reflect existing development conditions.
Height:
Allowable heights are determined by sub -area. All building heights are measured at
finished grade.
Fashion Island: The maximum heights of structures within Fashion Island are
depicted below. These standards were established:
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Fashion Island Height Limits
Building Type
I Height
Major Buildings
125'
Mall Buildings
75'
Parking Structures
55'
Periphery Buildings
40'
Block 500: The maximum height of all structures in Block 500 shall be 375 feet as
measured from finished grade.
Block 600: The maximum height of all structures in Block 600 shall be 375 feet as
measured from finished grade.
San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall
be 65 feet as measured from finished grade.
Standards for Buildings Over 200 Feet in Height:
Aviation Compatibility — Proposed development is required to comply with the Airport
Environs Land Use Plan (AELUP) for the John Wayne Airport:
Shade Standards - Proposed structures over 200 feet in height that has the potential to
shade residential areas north of San Joaquin Hills Road, are required to provide a
shade study that will demonstrate that the new development will not add shade to the
designated residential areas.
Setbacks:
Setbacks for the four sub -areas are listed below.
Fashion Island
Newport Center Drive: 10 feet; may be reduced to 0 feet by the Planning
Director through the plan review process.
Block 500
Newport Center Drive: 15 feet
Santa Rosa: 15 feet
San Joaquin Hills: 15 feet
San Nicolas: 15 feet
Block 600
Newport Center Drive: 15 feet
Santa Cruz: 15 feet
San Simeon: 15 feet
San Joaquin Hills: 15 feet
Santa Rosa: 15 feet
Center Drive (e /w):0 feet
I
Center Drive (n /s): 0 feet
San Joaquin Plaza
San Joaquin Hills: 15 feet
Santa Cruz: 15 feet
San Clemente: 15 feet
Santa Barbara: 15 feet
Parking:
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Parking requirements for North Newport Center are shown below. These standards
have been established under prior PC Development Plans and are not proposed to be
changed through the proposed PC Development Plan.
North Newport Center Parking Requirements
Land Use
Parking Requirement
Regional
Commercial
3 spaces per 1,000 square feet
Movie Theater
3 spaces per 1,000 square feet
Office
1 space per 375 square feet
Medical Office
1 space per 250 square feet
Hotel
Municipal Code
Residential
2 spaces per unit includes 1 covered; plus
0.5 spaces per unit up to 50 units, then 0.25
spaces per unit thereafter for guest parking
Other
Municipal Code
On- Street Parking - On- street parking can be counted towards the parking requirement.
Specific areas are outlined below:
Sub -Area
On- Street Parking
Fashion Island
Adjacent on- street
parking
on Newport Center
Drive
Block 500
Adjacent on- street
parking
on Newport Center
Drive and San Nicolas
Block 600
Adjacent on- street
parking
on Newport Center
Drive
Valet Parking - Valet parking and satellite parking with shuffle service has been and will
continue to be a component of the parking strategy for Newport Center /Fashion Island.
Parking Management Plan - Parking management plans have been encouraged to be
used as a tool to address potential issues in the PC Development Plan. Parking
management plans may address issues such as modified parking requirements based
upon complimentary peak hour demand of uses, off peak shared parking between sub-
areas, drop off and valet services on private property, and tandem parking.
Signs:
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All permanent and temporary signs in North Newport Center that are visible from public
rights -of -way and public property will be regulated by the proposed PC Development
Plan. Sign criteria had been developed under the previously approved PC
Development Plans. The proposed PC Development Plan has translated the previous
sign criteria into a comprehensive easy to use reference. No substantive changes to
have been proposed.
Residential Compatibility:
Permitted uses in North Newport Center include uses and events that have the potential
to generate noise. Due to the day /evening use of Fashion Island in particular, noise
generating activities, lighting, odors from restaurants, and similar occurrences are
produced and take place during all hours of operation. Such uses and events are
required to comply with the City's Municipal Code regulating these uses.
Disclosures shall be made to prospective buyers/tenants of residential developments
that there is an expectation for noise levels higher than in typical suburban residential
areas as part of the Mixed -Use concept within North Newport Center. Additionally, the
disclosure shall indicate that there is an expectation for lighting, odors and similar
occurrences in a Mixed -Use setting as compared to suburban residential areas.
Residential Open Space Requirements:
Open space standards have been developed for new residential development projects.
Each project shall provide a minimum of 5 percent common outdoor open space
accessible to all residents; common indoor space of at least 500 square feet; and
private open space for at least 50 percent of all the dwelling units proposed.
Plan Review Process
Included within the proposed PC Development Plan is a new development review
process. Currently, there is no formalized design review of development within the
underlying PC Development Plan areas nor do the PC Development Plans contain
comprehensive design requirements. Historically, review of development proposals
relied upon a staff determination of consistency with the PC's site development
standards and zoning requirements. Design standards rest solely on the commitment of
the developer to provide good design proposals. In instances where a use permit was
required for a particular use, a discretionary application was reviewed however, the
review primarily focused on the use and not design.
The PC Development Plan includes a new "Plan Review' process for new structures
within the North Newport Center Planned Community district. Prior to the issuance of a
building permit, all development proposals shall be subject to a Plan Review by the
Planning Director to determine compliance with the Planned Community Development
Plan and North Newport Center Design Regulations. Each Plan Review submittal is
required to contain sufficient details for a thorough review of the relationships between
uses on the site and on adjacent sites consistent with the Development Plan and the
Design Regulations. Specific submittal requirements are outlined in the PC
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Development Plan. Signs, tenant improvements, carts, kiosks, temporary structures
and uses are exempt from this process review.
Submittals shall be reviewed by the Planning Director, and the Planning Director shall
approve the project with the following findings:
1. The proposed use and /or development is consistent with the General Plan.
2. The proposed use and /or development is consistent with the North Newport
Center PC Development Plan and Design Regulations.
The Planning Director action is the final action unless appealed in accordance with the
Municipal Code.
Design Regulations
The proposed Design Regulations are intended to expand upon the standards set forth
in the Planned Community Development Plan. All new commercial and residential
development is subject to the Design Regulations. Review for compliance of projects
under this section shall occur through the plan review process, as defined in the
Development Plan, prior to building permit issuance.
To ameliorate these limitations, several policies were included in the General Plan that
are intended to guide future development within Newport Center /Fashion Island. The
primary goal of these design regulations is to guide future development and to create
mixed -use land uses that integrate new commercial and residential uses seamlessly
with existing commercial, office, entertainment, and residential uses that are supported
by a more pedestrian friendly environment.
The Design Regulations are to be used in conjunction with other applicable codes,
documents, and ordinances to assess compliance of proposed projects with the
Planned Community Development Plan and the General Plan. The design standards
have been grouped in four separate categories: Building Location and Massing;
Landscape; Circulation; and Orientation, Identity, and Safety. Each of the categories
contain design objectives that will be used to guide and evaluate proposed development
in the PC Development Plan area. The following is a narrative for each of the design
categories.
Building Location and Massing: The building massing and location standards are
intended to ensure that new development has an appropriate scale, is related to its use
and location, and is properly integrated with adjoining land uses and features. Specific
policies have been developed for site planning elements, building envelope, building
character and style, building materials and colors, and parking structures.
Landscape: The landscape standards are intended to ensure that new commercial and
residential development preserves and enhances the existing landscape character of
North Newport Center. Policies include overall landscape themes, perimeter and street
landscape, parking lot landscaping and internal landscaping.
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Circulation: The proposed circulation criteria will be used to ensure that new
commercial and residential development enhance existing circulation patterns by
maintaining existing, upgrading existing and providing new street and walkway
connections. Specific standards include streets and pedestrian activity, service and
emergency and parking lots
Orientation. Identity, and Safety: The design standards for orientation, identity, and
safety are intended to ensure that new commercial and residential development
promotes wayfinding for residents and visitors, strengthens North Newport Center's
sense of place, and produces a safe environment. Standards include gateway and
entrances, view corridors, landmarks, signage and lighting.
General Plan Consistency
The General Plan contains several policies that allow for the introduction of new
residential opportunities, new retail square footage, hotel units and expanded office
development into the Newport Center /Fashion Island District. These policies place an
emphasis on "the improvement of the area's pedestrian character, by improving
connectivity among the 'superblocks', installing streetscape amenities and concentrating
buildings along Newport Center Drive and pedestrian walkways and public spaces ".
The primary goal of these policies is to create a mixed -use district that integrates new
commercial and residential uses seamlessly with existing commercial, office,
entertainment, and residential uses that are supported by a more pedestrian friendly
environment. This, in turn, will further the City's goal of providing opportunities for
residents to reside near jobs, commerce, recreation and entertainment activities. The
proposed PC Development Plan and Design Regulations are consistent with the
policies outlined in the General Plan for future development in the Newport Center/
Fashion Island.
Listed below are the specific policies from the Land Use Element for Newport Center
and Fashion Island that the proposed PC Development Plan and Design Regulations
are required to be consistent with.
LU 6.14.4 Development Scale: Reinforce the original design concept for
Newport Center by concentrating the greatest building mass and height in
the northeasterly section along San Joaquin Hills Road, where the natural
topography is highest and progressively scaling down building mass and
height to follow the lower elevations toward the southwesterly edge along
East Coast Highway.
The proposed PC Development Plan and Design Regulations are consistent with this
policy. Siting and building envelope standards in the Design Regulations will ensure
that the massing and scale of new development will follow existing topography and
elevations.
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LU 6.14.5 Urban Form: Encourage that some new development be
located and designed to orient to the inner side of Newport Center Drive,
establishing physical and visual continuity that diminishes the dominance
of surface parking lots and encourages pedestrian activity.
The proposed PC Development Plan and Design Regulations contain several standards
that encourage a strong street presence for new buildings as well as maintain features
that would enhance and reinforce the existing pedestrian experience.
LU 6.14.6 Pedestrian Connectivity and Amenity: Encourage that
pedestrian access and uses within the district be improved with additional
walkways and sreetscape amenities concurrent with the development of
expanded and new uses.
The proposed PC Development Plan and Design Regulations contain standards that
preserve existing pedestrian links (crescent walk) and develop an internal pedestrian
network of walks and paseos that link to existing and new development.
LU 6.14.7 Fashion Island Architecture and Streetscape: Encourage that
new development in Fashion Island complement and be of equivalent or
higher design quality than existing buildings. Reinforce the existing
promenades by encouraging retail expansion that enhances the storefront
visibility to the promenades and provides an enjoyable retail and
pedestrian experience. Additionally, new buildings shall be located on
axes connecting Newport Center Drive with existing building to provide
visual and physical connectivity with adjoining uses, where practical.
The PC Development Plan and Design Regulations are consistent with this policy.
Standards within the Design Regulations require that new development be of equivalent
or higher standard than existing buildings. Specifically, the building character and style,
circulation and orientation and identity sections of the Design Regulations contain
standards that meet this land use policy.
Transfer of Development Rights
The General Plan allows a transfer of development rights within Newport Center in
accordance with the following Land Use Element policy:
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to
the approval of the City with the finding that the transfer is consistent with
the General Plan and that the transfer will not result in any adverse traffic
impacts.
The Irvine Company is proposing to transfer a portion of the existing development rights
from Block 600 to Block 500. The transfer includes the conversion of 195 unbuilt hotel
rooms to office space, and the transfer of this entitlement to Block 500. It also includes
the removal of the following existing uses from Block 600, and transfer of this
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November 15, 2007
Page 14
entitlement to Block 500: 17,300 square feet of health club, 16,444 square feet of
restaurant, and 8,289 square feet of office. Up to 72,000 square feet of the transferred
development rights could be used for a new City Hall in Block 500.
The City retained Austin -Foust Associates, Inc. to analyze the traffic impacts of the
proposed transfer; their report, Newport Center Trip Transfer Traffic Study, is included
in the environmental Addendum. The traffic analysis is based on PM peak hour trip
generation, since this is the time of day when Newport Beach's circulation system
experiences the most congestion. A total of 339 PM peak hour trips are projected to be
generated from the existing and entitled uses proposed to be eliminated from Block 600.
Allowing for 72,000 square feet in a new City Hall, (with a higher trip generation rate
than for general office use), 205,161 square feet of office entitlement could be
transferred to Block 600 and maintain the same overall trip generation for North
Newport Center (338 trips).
To ensure that the transfer of development rights does not result in more density than
allowed by the General Plan, staff also conducted an intensity analysis, shown below.
Unbuilt Entitlement:
30 hotel rooms from original Four Seasons entitlement
100 room hotel expansion (GPA 97 -3 -D)
65 hotel rooms from 2006 General Plan
Subtotal
Development to be Removed.
Family Fitness
Palm Gardens
Miscellaneous office
Subtotal
TOTAL AVAILABLE FOR TRANSFER
Deduction for City Hall
Available for office development in Block 500
30,000 sq. ft.
142,500 sq. ft.
92,625 so. ft.
265,125 sq. ft.
17,300 sq. ft.
16,447 sq. ft.
8,829 so. ft.
42,036 sq. ft.
307,161 sq. ft.
72,000 so. ft.
235,161 sq. ft.
To comply with both the General Plan intensity limits and the policy that a transfer of
development rights may not result in adverse traffic impacts, only the lower entitlement
number resulting from the two analyses may be transferred. Therefore, 205,161 square
feet may be transferred to Block 500 for office development, and a City Hall of 72,000
square feet may be developed in Block 500.
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Development Agreement
The North Newport Center project is required to be the subject of a development
agreement by General Plan policy LU 6.14.8, which reads,
LU 6.14.8 Development Agreements
Require the execution of Development Agreements for residential and
mixed -use development projects that use the residential 450 units
identified in Table LU2 (Anomaly Locations). Development Agreements
shall define the improvements and benefits to be contributed by the
developer in exchange for the City's commitment for the number, density,
and location of the housing units.
Municipal Code section 15.45.020 also requires a development agreement for this
project because it is required by the General Plan, requires a Zoning Code amendment,
and includes the development of more than 50 residential units as well as new non-
residential development in Newport Center.
The City Council appointed a committee (Mayor Rosansky and Mayor Pro Tern Selich)
to negotiate the North Newport Center Development Agreement with The Irvine
Company. A draft of the Agreement (formally titled "Zoning Implementation and Public
Benefit Agreement') they are recommending is attached (Exhibit 16). Major provisions
of the Agreement are outlined below, with reference to the relevant section of the
Agreement.
1. Cancellation of Circulation Improvement and Open Space Agreement and Bonita
Canyon Annexation and Development Agreement (Section 2)
2. Vesting of rights to develop 75,000 sq. ft. of retail space, 205,161 square feet of
office space (through the transfer of development rights) and 430 residential uses
in North Newport Center for 20 years (Sections 6.2, 11)
3. Payment of in -lieu park fees for 430 residential units, including early payment of
a portion of fees ($5,600,000) as a matching grant for OASIS Senior Center
(Section 4.1)
4. Payment of public benefit fee ($27,090,000) to fund construction of new City Hall
building at any location, or other municipal purpose (Section 4.2)
5. Construction of third eastbound turn lane at MacArthur Boulevard and San
Joaquin Hills Road (Section 7.3)
6. Circulation enhancements in the North Newport Center area, including widening
of Avocado Avenue between San Miguel Drive and San Joaquin Hills Road, and
enhancement of San Miguel Drive between Avocado Avenue and MacArthur
Boulevard (including dedication of right -of -way) (Sections 4.4, 4.5)
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7. Dedication of the site north of San Miguel Drive, west of MacArthur Boulevard,
south of San Joaquin Hills Road and east of Avocado Avenue for open space, if
a new City Hall is constructed on a site in Newport Center other than Block 500
(Section 4.6)
8. Four -year option for the City to purchase a site in Block 500 for City Hall as well
as the use of 300 to 375 parking spaces in a new parking structure (Section 4.8)
9. Limit on future increases in development fees (Section 5.2)
10.1-imit on future amendments to Municipal Code pertaining to development of the
North Newport Center property (Section 8.2)
The City Council committee and staff believe that the proposed development agreement
satisfies the requirements of the General Plan policy for Newport Center development
agreements. It species circulation improvements for which The Irvine Company will be
responsible, as well as benefits to be contributed in the areas of park fees, City Hall site
and funding, and dedication of street right -of -way and open space. The agreement also
vests The Irvine Company's right to build 430 residential units in Blocks 500 or 600 or
San Joaquin Plaza.
Municipal Code Section 15.45.040 describes the required contents of all development
agreements. The North Newport Center Development Agreement specifies the term,
and the permitted uses, density and intensity of development, as described in the list
above. Through the Planned Community Development Plan being considered
concurrently and included as an exhibit to the Agreement, maximum height and size of
proposed buildings are addressed. Article 4 of the Agreement describes the required
dedications of land to the City, as well as other public benefits. These provisions
include all of the required elements of a development agreement.
Municipal Code Section 15.45.050 provides that the Planning Commission shall hold a
public hearing on a development agreement, but does not provide guidance regarding
the Commission's review or recommendation responsibility. Staff recommends that the
Commission consider whether the proposed Agreement meets the requirements of the
General Plan and the Municipal Code, and whether the public benefits, taken as a
whole, are appropriate benefits to support the development rights vested by the
Agreement and the term of the Agreement. The details of the public benefits are more
appropriate subjects for consideration by the City Council.
Traffic Phasing Ordinance
Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved for certain projects. The North Newport Center project is early in the
development process, and building permits for individual projects will not be requested
for some time. Therefore, the project is not required to comply with the TPO at this
time. However, the applicant has elected to comply with TPO requirements early,
r'7
North Newport Center PC
November 15, 2007
Page 17
following the provisions of Section 15.40.030.6.2 for a "Comprehensive Phased Land
Use Development and Circulation System Improvement." These provisions apply to a
project that is not expected to be complete within 60 months of approval, and include
different findings than for a shorter term project. All of the findings in Section
15.40.030.B.2, discussed below, are required for project approval.
a. The project must be subject to a development agreement that requires circulation
improvements early in the development phasing program.
The City and The Irvine Company are parties to an existing development
agreement known as the Circulation Improvement and Open Space Agreement
( CIOSA). Through this agreement, The Irvine Company made early payment of
fair share fees and provided or facilitated financing so the City could complete
circulation improvements earlier than it otherwise could have. While the
Company made full payment of fair share fees, it developed only 88% of the
residential units that CIOSA allowed, and not all of the commercial development
that was allowed. During the 2006 General Plan update, entitlement for the
remaining units and commercial floor area was removed from the CIOSA
properties. The 2006 General Plan also added residential entitlement to Newport
Center, which the Company proposes to implement in the North Newport Center
project. The circulation improvements already completed pursuant to CIOSA
could be considered improvements early in the development phasing program of
the North Newport Center project. CIOSA circulation projects that benefit
Newport Center are the following.
1. Frontage improvements along Jamboree Road at access to the Newporter
North property. A traffic signal at the intersection of Santa Cruz Drive and San
Clemente Drive in Newport Center Block 800
2. Construction of half- section of MacArthur Boulevard to ultimate width along
frontage of the Freeway Reservation property
3. Construction of half - section of MacArthur Boulevard to ultimate width along
frontage of The Irvine Company's property at Newport Village
4. Construction of half- section of MacArthur Boulevard to ultimate width along
frontage of Big Canyon Area 16
5. Widening of MacArthur Boulevard between Ford Road and the San Joaquin
Hills Transportation Corridor to provide for a minimum of six travel lanes and
a minimum of three northbound travel lanes
6. Dedication of right of way along the west side of MacArthur Boulevard
between Pacific Coast Highway and San Joaquin Hills Road
The proposed Development Agreement specifies that construction of the third
eastbound turn lane at the intersection of MacArthur Boulevard and San Joaquin
Hills Road will be completed prior to issuance of a certificate of occupancy for the
/8
North Newport Center PC
November 15, 2007
Page 18
first building constructed under the Agreement, but in no event later than 60
months after the operative date of the Agreement. In addition, the applicant will
dedicate right -cf -way for widening of San Miguel Drive between Avocado Avenue
and MacArthur Boulevard when the City completes a design for this
improvement. This could occur early in the development phasing.
b. The traffic study must demonstrate that the portion of the project expected to be
completed within 60 months of approval -- or the project, with circulation
improvements by the proponent -- will not cause nor make worse an
unsatisfactory level of service at any impacted primary intersection.
The City retained Austin -Foust Associates, Inc. to prepare a traffic study as
required by the TPO, and it is included in the environmental Addendum. The
study used the worst case assumption that all development in the project would
be completed within 60 months, specifically by 2009. Impacts were identified at
three intersections. The PM peak hour level of service (LOS) at MacArthur
Boulevard and San Joaquin Hills Road would change from D, which is
satisfactory, to E, which is unsatisfactory. The AM peak hour LOS at Goldenrod
Avenue and Coast Highway also would change from D to E. Marguerite Avenue
and Coast Highway would experience LOS E during both AM and PM peak hours
without the project; the project would make this unsatisfactory LOS worse.
Because the Development Agreement includes an improvement (third eastbound
turn lane) that will eliminate the impact at MacArthur Boulevard and San Joaquin
Hills Road, the finding can be made with regard to one of the three impacted
intersections.
c. The Land Use and Circulation Elements of the General Plan are not made
inconsistent by the impact of project trips (including circulation improvements)
when added to development anticipated based on the General Plan and Zoning
Ordinance.
The development included in the North Newport Center project is consistent with
the 2006 General Plan; in fact, the Planned Community Development Plan is the
first zoning document prepared to implement the General Plan. The Zoning
Ordinance currently in effect may allow more development, and therefore result
in more trips than the General Plan. However, City Council Resolution No. 2007-
3 establishes an interim development review process until the Zoning Code is
rewritten to be consistent with the General Plan. This Resolution provides that
no land use, or density or intensity of use, may be permitted unless it is
consistent with both the General Plan and the Zoning Code. Implementation of
this Resolution will prevent the project from resulting in inconsistency between
the General Plan elements. The circulation improvement noted in the previous
finding is included in the Circulation Element. Finally, the Circulation Element,
unlike the TPO, establishes LOS E as satisfactory for the two impacted
intersections for which no improvement is included in the project.
North Newport Center PC
November 15, 2007
Page 19
d. The project is required, during the 60 months immediately after approval, to
construct circulation improvements such that:
1. Project trips will not cause nor make worse an unsatisfactory level of
service at any impacted intersection for which there is a feasible
improvement.
The improvement to MacArthur Boulevard and San Joaquin Hills Road
will be completed within 60 months of project approval and will
eliminate the project's impact at this intersection. In approving the
General Plan, the City Council found that there are not feasible
improvements for the other two impacted intersections, and the
adopted Circulation Element establishes LOS E as the standard for
these intersections.
2. The benefits from the circulation improvements by the project
proponent outweigh the adverse impact of project trips at any impacted
primary intersection for which there are no feasible improvements.
The project causes the intersection of MacArthur Boulevard and San
Joaquin Hills Road to change from LOS D to E; however, the increase
in the PM peak hour intersection capacity utilization (ICU) is only .027.
The applicant's agreement to construct the improvement is therefore
beyond what would be required to mitigate the impact of this project
alone. This, in addition to the earlier CIOSA improvements discussed
in finding "a" above, could be considered to outweigh the adverse
impact of project trips at the two Coast Highway intersections, for
which there are no feasible improvements.
Staffs analysis shows that findings "a," "c" and "d" can be made, but finding V cannot
be fully made because the two Coast Highway intersections will experience
unsatisfactory levels of service and there are no feasible improvements. When the TPO
findings cannot be made, the ordinance allows the Planning Commission or City Council
to find that the project will result in benefits that outweigh the project's anticipated
negative impact on the circulation system. This finding requires a 517 vote of the
members eligible to vote. As outlined in the discussion of the Development Agreement,
the North Newport Center project would result in public benefits including early payment
of park fees, availability of a site for City Hall, funding for the construction of City Hall at
any location the City chooses, and circulation improvements at locations in the vicinity
of the project other than "impacted primary intersections." These benefits could be
considered to outweigh the traffic impacts at two intersections for which there are no
feasible improvements and which meet the General Plan LOS standard, even with full
project implementation.
It should be noted that the project analyzed in the traffic study is slightly different from
the project being considered in the other actions for this item. The traffic study assumes
that the 430 residential units will be developed in Block 600, and it does not include
2L)
North Newport Center PC
November 15, 2007
Page 20
development of a 72,000 square foot City Hall. If The Irvine Company decides to
develop housing units in Block 500 and /or San Joaquin Plaza, another traffic study may
be required to comply with the TPO. Likewise, development of City Hall, or 72,000
square feet of other office space if the City decides to build on a site other than Block
500, will be subject to requirements of the TPO.
Affordable Housing Implementation Plan
The Housing Element Program 2.2.1 requires that an Affordable Housing
Implementation Plan (AHIP) be prepared for projects with more than 50 residential
units. The proposed AHIP for the North Newport Center project (Exhibit 17) provides
that the developer will meet the City's goal that an average of 15% of new units be
affordable to lower income households. The exact method of providing affordable units
has not been specified, but two options are included.
The Irvine Company owns the former Child Time site on San Miguel Drive, which is now
vacant. The General Plan allows ten residential units on the site. If the State mandated
density bonus of 35% for a fully affordable development is applied, the site can
accommodate 14 units. These units would be maintained as affordable for a minimum
of 30 years. Whether or not The Irvine Company elects to build on the Child Time site,
they will record covenants on existing apartments along San Joaquin Hills Road (The
Bays) to maintain them as affordable units for 30 years.
The number of affordable units provided in The Bays will depend on whether the Child
Time site is used, and on the income level served by the affordable units. Fewer units
are required at lower income levels, because the subsidy required for these units is
higher. For the 430 units included in the North Newport Center project, 65 units (15 %)
affordable to low- income households are required. The number of very low- income
units required is 43 (10 %), and the moderate - income requirement is 86 units (20 %).
The AHIP indicates that the affordable units will be provided incrementally, with one-
third of the requirement provided with each 100 market rate units. This schedule will
result in meeting the entire affordable requirement before all of the market rate units are
built.
Under both options, the affordable housing would be provided off site from the project.
Staff finds this to be an acceptable solution for this project. Both off -site locations are
close enough to North Newport Center that they can provide housing for employees,
with The Bays being in walking distance of the project site. The proposed AHIP
satisfies the requirements of the Housing Element.
Environmental Review
An Addendum to the Final Environmental Impact Report (SCH No 2006011119)
certified on July 25, 2006 was prepared in accordance with the provisions of the
California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq.,
and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The
ZI
North Newport Center PC
November 15, 2007
• Page 21
purpose of the Addendum is to analyze the potential differences between the impacts
evaluated in the General Plan EIR and those that would be associated with the
proposed project. The potential impacts associated with these proposed changes
would either be the same or less than the anticipated levels ascribed in the certified
General Plan EIR. In addition, there are no substantial changes to the circumstances
under which future development projects subject to the 2006 General Plan and PC
Development Plan would be undertaken.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Submitted by:
v
Sharon Z. Wood, As ant City Manager
• EXHIBITS (in the order they are referenced within the report)
1. Draft resolution recommending approval of the Addendum
2. Addendum to FEIR for the City of Newport Beach General Plan 2006 Update (under separate cover)
3. Draft resolution recommending approval of CA2007 -007 and PD2007 -003
4. Draft resolution recommending of Development Agreement DA2007 -002
5. Draft resolution recommending approval of Traffic Study TS2007 -001
6. Draft resolution recommending approval of the Affordable Housing Implementation Plan
7. Draft resolution recommending approval of an amendment to the San Joaquin Plaza PC Text
8. Draft resolution recommending approval of an amendment to the Block 500 PC Text
9. Draft resolution recommending approval of the Transfer of Development Rights
10. North Newport Center Planned Community Development Plan (under separate cover)
11. Amended San Joaquin Plaza Planned Community Development Plan
12. Amended Block 500 Planned Community Development Plan
13. Amended Districting Map No. 48
14. Amended Districting Map No. 49
15. Amended Districting Map No. 50
16. Development Agreement
17. Affordable Housing Implementation Plan
RIUSERSIPLMShareMPA'sIPAs - 20071PA20 0 7- 1 51120 0 7.11.15 PC Staff Report.doc
•
2z
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The draft resolutions (Exhibit 1 and 3 -9) will be
• delivered next week.
0
ADDENDUM TO THE
CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
Prepared by:
City of Newport Beach
Community Development Department
3300 Newport Boulevard
Newport Beach, California 92658 -8915
November 2007
Addendum to City of Newport Beach General Plan 2006 Update On
TABLE OF CONTENTS
0 Section Page
Section1.0 Introduction ........................................................................... ............................1 -1
1.1 Purpose of Addendum ........................................... ............................... 1 -1
1.2 Previous Environmental Documentation and discretionary actions....... 1 -2
Section 2.0 Project Description ............................................................ ...............................
2-1
2.1
Project Location .................................................... ...............................
2 -1
2.2
Project Characteristics .......................................... ...............................
2-1
2.2.1 North Newport Center PC Text .................. ...............................
2 -1
2.2.2 Transfer of Development Rights ................ ...............................
2 -3
2.2.3 Phased Land Use Development and Circulation
Improvement
Plan (TPO Approval) .................................. ...............................
2-3
2.2.4 Affordable Housing Implementation Plan (AH/P)
...................... 2 -4
2.2.5 Development Agreement .............................. ............................2
-4
2.2.6 Discretionary Actions .................................... ............................2
-4
Section 3.0 Environmental Analysis ..................................................... ...............................
3-1
3.1
Aesthetics ............................................................. ...............................
3-1
3.2
Agricultural Resources .......................................... ...............................
3-4
3.3
Air Quality ............................................................. ...............................
3 -4
3.4
Biological Resources ............................................. ...............................
3-8
3.5
Cultural Resources ................................................... ...........................3
-10
3.6
Geology, Soils, and Mineral Resources .................... ...........................3
-12
3.7
Hazards and Hazardous Materials ...................................
' ................... 3 -14
3.8
Hydrology and Water Quality ..... ............................... ...........................3
-17
3.9
Land Use and Planning ............................................ ...........................3
-20
3.10
Noise ........................................................................ ...........................3
-24
3.11
Population and Housing ........................................... ...........................3
-26
3.12
Public Services ......................................................... ...........................3
-28
3.13
Recreation and Open Space .................................... ...........................3
-31
3.14
Transportation/Traffic ............................................... ...........................3
-33
3.15
Utilities and Service Systems ................................... ...........................3
-45
R.•P101WS NewDOn'JO 1 r Dan A dentlom-110907 doc I
Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLES
Table
Pan
1
Development Area Summary .......................................................
............................... 2-3
2
Trip Generation Summary ...............................................................
...........................3 -35
3
One Percent Analysis ......................................................................
...........................3 -36
4
ICU Summary ................................................... ...............................
...........................3 -40
5
Converted Uses ............................................... ...............................
...........................3 -42
EXHIBITS
Exhibit Follows Page
1 Local Vicinity Map ........................................................................ ............................... 2 -2
2 Fashion Island, Block 500, Block 600, San Joaquin Boundaries ... ............................... 2 -2
3 Existing and Proposed Zoning Designations ................................ ............................... 2 -2
0
•
R Praj c a Newport J011 Draft Adtlendum- 11090] dm it Table of Contents
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Addendum to 0tv of Newport Beach General Plan 2006 Update
SECTION 1.0
INTRODUCTION
1.1 PURPOSE OF ADDENDUM
This document, prepared pursuant to the California Environmental Quality Act (CEQA),
constitutes an Addendum to the City of Newport Beach General Plan 2006 Update Program
Final Environmental Impact Report (EIR) Screencheck No. 2006011119 certified on July 25,
2006. This Addendum was prepared in accordance with the provisions of the California
Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State
CEQA Guidelines, California Code of Regulations § §15000, et seq. CEQA Guidelines
§15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred."
Pursuant to CEQA Guidelines §15162(a), a subsequent Environmental Impact Report (EIR) or
Negative Declaration is only required when:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement
of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects; or
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete or the Negative Declaration was
adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
R Plojeas Newpon'401 I DlaR Addendum 11090].dp
16
Introduction
Addendum to City of Newport Beach General Plan 2006 Update EIR
The proposed North Newport Center Project includes the following City actions to implement the
2006 General Plan:
1. Approval of a zoning amendment to adopt the North Newport Center Planned Community
Development Plan (herein referred to as the North Newport Center PC Text), including the
reclassification of property to the Planned Community (PC) District and amendment to two
existing Planned Community Development Plans;
Approval of a transfer of development rights, pursuant to General Plan policy, to convert
unbuilt hotel entitlement to office entitlement and to relocate this entitlement and existing
office and commercial development from Block 600 to Block 500;
3. Approval of a traffic study of the North Newport Center Phased Land Use Development
and Circulation System Improvement Plan pursuant to the Traffic Phasing Ordinance
(herein referred to as the TPO approval);
4. Approval of an Affordable Housing Implementation Plan (herein referred to as the AHIP)
pursuant to the 2006 General Plan Housing Element; and
5. Approval of a Zoning Implementation and Public Benefit Agreement between the City of
Newport Beach and The Irvine Company Concerning North Newport Center (herein
referred to as the Development Agreement) pursuant to Newport Beach Municipal Code
Section 15.45, Development Agreements
The purpose of this Addendum is to analyze the potential differences between the impacts
evaluated in the City of Newport Beach General Plan 2006 Update Final EIR, hereafter referred
to as the General Plan EIR, and those that would be associated with the North Newport Center
Project. As described in detail herein, there are no new significant impacts resulting from these
changes nor is there any substantial increase in the severity of any previously identified
environmental impacts. The potential impacts associated with these proposed changes would
either be the same or less than the anticipated levels ascribed in the certified General Plan EIR.
In addition, there are no substantial changes to the circumstances under which future
development projects subject to the 2006 General Plan and PC Text would be undertaken.
Therefore, in accordance with CEQA Guidelines §15164, this Addendum to the certified General
Plan Final EIR is the appropriate environmental documentation for the North Newport Center
PC Text.
Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead
agency for the project. The lead agency is the public agency that has the principal responsibility
for carrying out or approving a project that may have a significant effect upon the environment.
Newport Beach has the authority for project approval and certification of the accompanying
environmental documentation. In taking action on any of the approvals outlined in Section 2.0,
Project Description, the City, as the lead agency and decision making body, must consider the
whole of the data presented in the General Plan EIR and this Addendum to the General Plan
EIR.
1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION AND DISCRETIONARY ACTIONS
The General Plan EIR was certified by the Newport Beach City Council on July 25, 2006, as
adequately addressing the potential environmental impacts associated with the buildout of the
City of Newport Beach, inclusive of Fashion Island, Block 500, Block 500, and San Joaquin
Plaza (North Newport Center). The location of North Newport Center, approvals granted, and
actions being addressed as part of this Addendum to the General Plan EIR are further
addressed in Section 2.0, Project Description. The adopted 2006 General Plan placed the
R P,aeds Ne onVOYLO,ah Addendum- noeoido t -p
Addendum to City of Newport Beach General Plan 2008 Update On
following designations on the four sub -areas included in the Project and analyzed full
implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza.
Fashion Island Regional Commercial (CR)
Block 500 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
Block 600 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
San Joaquin Plaza Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
When a project is large and complex, such as a General Plan update, and will be implemented
over a multi -year period, a Program EIR enables the lead agency to approve the overall
program. When individual activities within the program are proposed, the agency is then
required to examine the individual activities to determine if their effects were fully analyzed in
the Program EIR. Consistent with CEQA Guidelines §15162, the lead agency can approve the
activities as being within the scope of the project covered by the Program EIR.
The State CEQA Guidelines §15168(a) defines a Program EIR as:
...an EIR which may be prepared on a series of actions that can be characterized
as one large project and are related either:
(1) Geographically,
(2) A logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other general
criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing statutory or
regulatory authority and having generally similar environmental effects which
can be mitigated in similar ways.
The State CEQA Guidelines §15168(c)(2) states:
(2) If the agency finds that pursuant to Section 15162, no new effects could
occur or no new mitigation measures would be required, the agency can
approve the activity as being within the scope of the project covered by the
program EIR, and no new environmental document would be required.
As previously noted, CEQA Guidelines §15162(a) states that a subsequent EIR is not
necessary in the absence of the following: (1) substantial changes to the project, (2) substantial
changes to the project circumstances, or (3) new information of substantial importance.
Use of a Program EIR for the update of the General Plan afforded the City many advantages
that would not be realized if projects had been evaluated on an action -by- action basis. These
advantages are outlined in CEQA Guidelines §15168(b), which states: `The Program EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects and
alternatives than would be practical in an EIR on an individual action,
(2) Ensure consideration of cumulative impacts that might be slighted in a case -
by -case analysis,
(3) Avoid duplicative reconsideration of basic policy considerations,
R Proleas New oTJ011 Aral [Addendum- 11OW7.doc 1 -3
Addendum to City of Newport Beach General Plan 2006 Update EIR
(4) Allow the Lead Agency to consider broad policy alternatives and program -
wide mitigation measures at an early time when the agency has greater
flexibility to deal with basic problems or cumulative impacts, and
(5) Allow reduction in paperwork."
Page 1 -1 of the General Plan EIR states: 'This EIR has been prepared as a Program EIR
pursuant to Section 15168 of the CEQA Guidelines... This EIR will review the existing conditions
of the City of Newport Beach and the Planning Area, analyze potential environmental impacts
from implementation of the proposed General Plan Update, identify policies from the proposed
General Plan Update that serve to reduce and minimize impacts, and identify additional
mitigation measures, if necessary, to reduce potentially significant impacts of the General Plan
Update."
Page 1 -4 of the General Plan EIR states: 'This EIR has been prepared to analyze potentially
significant environmental impacts associated with future development resulting from
implementation of the proposed General Plan Update, and also addresses appropriate and
feasible mitigation measures or project alternatives that would minimize or eliminate these
impacts." Page 1 -5 states: 'The proposed General Plan Update will serve as a comprehensive
document that will guide future potential growth and development within the City ... The EIR will
analyze all aspects of the proposed General Plan Update to determine whether any aspect of
the project, either individually or cumulatively, may cause a significant effect on the environment
with regards to the environmental issues [identified in the EIR]." As such, the General Plan Final
EIR assessed potential impacts associated with the implementation of land uses set forth in the
General Plan, including land use changes due to full implementation of entitlements for Fashion
Island, Block 500, Block 600, and San Joaquin Plaza under the General Plan Update.
Page 3-15 of the General Plan EIR states: 'The Plan allows for expanded retail opportunities at
Fashion Island, including an additional anchor department store and ancillary shops, another
hotel or additions to existing hotels, and 600 additional housing units." The Draft EIR for the City
of Newport Beach General Plan Update analyzed 600 housing units in Newport Center, which
includes Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Through Planning
Commission and City Council hearings the 600 housing units were reduced to a maximum of
450 units. This reduction is reflected in Volume 1A -Final Environmental Impact Report (Draft
EIR Changes and Responses to Comments).
The 2006 General Plan also documented the approval of these 450 residential units for Newport
Center a Of the 450 units permitted in Newport Center by the adopted 2006 General Plan, 430
units are incorporated into this proposed PC Text Amendment.
Previous Discretionary Actions
The following City of Newport Beach Ordinances and Resolutions related to development of the
four sub -areas are listed below and incorporated herein by reference and made a part hereof:
Fashion Island Planned Community Development Plan (adopted November 23, 1987)
Amendment No. 632, Ordinance No. 87 -45, November 23, 1987
Amendment No. 699; Resolution No. 90 -7, February 12, 1990
Amendment No. 701, Resolution No. 91 -22, March 11, 1991
Amendment No. 811, Resolution No. 94 -102, November 14, 1994
i
a City of Newport Beach, General Plan, July 25, 2006, Table LU -2, pages 3 -18 to 3.20.
R ProJW5%Newpon'J011,DraR Addendum. 110907 doc 1 -4 introduction
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Addendum to City of Newport Beach General Plan 2006 Update EIR
Amendment No. 825, Resolution No. 95 -115, October 9, 1995
Amendment No. 889, Ordinance No. 99 -27, November 8, 1999
PD 2002 -002, Ordinance No. 2003 -001, January 28, 2003
Block 500
Amendment No. 827, Ordinance No. 95 -32, August 28, 1995
San Joaquin Plaza
Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975
(Amendment No. 455)
Amendment No. 1: March 12, 1979, P.C. Amendment No. 527; Resolution No. 9517
Amendment No. 2: November 23, 1987, P.C. Amendment No. 653; Resolution No. 87 -164
Amendment No. 3: January 13, 1992, P.C. Amendment No. 729; Resolution No. 92 -5
Amendment No. 4: April 27, 1992, P.C. Amendment No. 755; Resolution No. 92 -33
Amendment No. 5: October 9, 1995, P.C. Amendment No. 825, Resolution No. 95 -115
Amendment No. 6: March 22, 2005, Code Amendment No. 2004 -013; Resolution No. 1656,
Ordinance 2005 -3
Block 600
Ordinance No. 1719, adopted by the City of Newport Beach on March 28, 1977 (Amendment
No. 483)
Ordinance No. 92 -45, adopted by the City of Newport Beach on November 9, 1992
(Amendment No. 771)
GPA 97 -3 (D), adopted by the City of Newport Beach on June 22, 1998 (Resolution No. 98-
48)
R Preens NewparU411%Draft Add Num- 110W7tl c
1 -r5
Introduction
Addendum to City of Newport Beach General Plan 2006 Update E!R
SECTION 2.0
PROJECT DESCRIPTION
2.1 PROJECT LOCATION
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located in Newport Center in
the City of Newport Beach, California. As depicted in Exhibit 1, Newport Center is generally
bound by San Joaquin Hills Road to the northeast, MacArthur Boulevard to the southeast,
Jamboree Road to the northwest, and Coast Highway to the southwest.
Fashion Island is an approximate 75 -acre regional shopping center located in the center of
Newport Center; Newport Center Drive is a ring road that connects to a roadway system
providing access to the various blocks that form Newport Center. Block 500 (approximately 15
acres) is generally bound by San Joaquin Hills Road to the northeast, an internal access road
and Avocado Avenue to the south, Newport Center Drive to the southwest, and Santa Rosa
Drive to the west. Block 600 (approximately 25 acres) is generally bound by San Joaquin Hills
Road to the northeast, Santa Rosa Drive to the southeast, Newport Center Drive to the
southwest, and Santa Cruz Drive to the west. San Joaquin Plaza (approximately 23 acres) is
generally bound by San Joaquin Hills Road to the northwest, San Clemente Drive to the south,
Santa Cruz Drive to the east, and Santa Barbara Drive and internal access roads to the west.
The four sites are depicted on Exhibit 2.
The areas surrounding Fashion Island, Block 500, Block 600, and San Joaquin Plaza are
developed. To the north of Block 500, Block 600, and San Joaquin Plaza across San Joaquin
Hills Road, land uses include residential and a golf course within The Big Canyon Planned
Community (PC 8). Uses to the south of Fashion Island are predominately commercial. To the
south of Block 500 are medical and commercial office uses. To the south of San Joaquin Plaza
are multi - family residential and commercial office uses. To the west are commercial uses,
residential uses, the Marriott Hotel, and the Newport Beach Country Club. To the east, across
MacArthur Boulevard are residential uses.
2.2 PROJECT CHARACTERISTICS
2.2.1 North Newport Center PC Text
The City of Newport Beach Municipal Code allows a 'Planned Community District" to address
land use designation and regulations in Planned Communities. The proposed project is the
adoption of the North Newport Center PC Text, which incorporates Fashion Island, Block 600, and
portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) into a
single Planned Community District. Concurrently, the existing Block 500 PC Text and the San
Joaquin Plaza PC Text would be amended to remove identified portions of Block 500 and San
Joaquin Plaza from their respective Planned Community Districts, and the Newport Beach Zoning
Code would be amended to remove Block 600 from the Administrative Professional Financial
zoning district.
The purposes of a Planned Community District, as stated in the Municipal Code are as follows:
20.35.10 Specific Purposes
The PC district is intended to:
A. To provide for the classification and development of parcels of land as
coordinated, comprehensive projects so as to take advantage of the
R: Proledv NewOWM I I%bran Addendum -110907 WC 2 -1 En vironmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
superior environment which can result from large -scale community
planning;
B. To allow diversification of land uses as they relate to each other in a
physical and environmental arrangement while insuring substantial
compliance with the spirit, intent and provisions of this Code;
C. To include various types of land uses, consistent with the General Plan,
through the adoption of a development plan and text materials which set
forth land use relationships and development standards.
The PC Text has been prepared to implement and be consistent with the adopted 2006 City of
Newport Beach General Plan (General Plan) and City of Newport Beach General Plan 2006
Update Final EIR (General Plan EIR). The proposed PC Text reflects the uses and designations
permitted under the 2006 General Plan. No changes to the existing 2006 General Plan land use
designations are required. The existing General Plan land uses designations for the four sub-
areas are as follows:
Fashion Island Regional Commercial (CR)
Block 500 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
Block 600 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
San Joaquin Plaza Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
The existing zoning designations for the four sub -areas are as follows. Adoption of the North
Newport Center PC Text would incorporate Fashion Island, Block 600, and portions of Block
500 and San Joaquin Plaza owned by The Irvine Company (Applicant) to create the North
Newport Center PC Text. The existing and proposed zoning designations are shown on
Exhibit 3.
Fashion Island Planned Community (PC -35 Fashion Island)
Block 500 Planned Community (PC -46 Block 500)
Block 600 Administrative, Professional, Financial (APF); Open Space (OS)
San Joaquin Plaza Planned Community (PC -19 San Joaquin Plaza)
As identified on Table 1, the proposed amendment to the PC Text would incorporate the
intensities set forth in the adopted 2006 General Plan. Future implementation of entitlements for
Fashion Island, Block 500, Block 600, and San Joaquin Plaza would not allow for any increase
in development intensities beyond that permitted by the General Plan for these sub - areas. The
PC Text identifies the permitted land uses and development standards that will be used to guide
future development.
As previously noted, Fashion Island is a regional shopping center located in the center of the
larger Newport Center area. The proposed PC Text envisions Fashion Island to incorporate
uses including retail, restaurants, bars, theater /nightclubs and services. The proposed PC Text
provides that Blocks 500 and 600 and San Joaquin Plaza may be developed as a regional
mixed use center incorporating administrative, professional, and financial uses together with
hotel and residential uses and retail and other commercial uses.
R PrOlecrS NOWPOn.pn Olaf' Aldlldum- 110907.dw 2 -2 Environmental Analysis
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Addendum to ON of Newport Beach General Plan 2006 Uodafe On
TABLE 1
DEVELOPMENT AREA SUMMARY
2.2.2 Transfer of Development Rights
The 2006 General Plan also allows a transfer of development rights within Newport Center in
accordance with the following Land Use Element policy:
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to the
approval of the City with the finding that the transfer is consistent with the General
Plan and that the transfer will not result in any adverse traffic impacts.
As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to
transfer a portion of the existing development rights from Block 600 to Block 500. The transfer
includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this
entitlement to Block 500. It also includes the removal of the following existing uses from Block
600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444
sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights
could be used for a new City Hall in Block 500.
2.2.3 Phased Land Use Development and Circulation Improvement Plan (TPO Approval)
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has
been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the
Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard
and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early
in the development phasing (i.e., before issuance of a certificate of occupancy for the first
building [other than a parking structure]) constructed as part of the Project, but in no event later
than 60 months from the operative date of the Development Agreement. In addition, the
Applicant will work with the City on design and development of circulation enhancements in the
North Newport Center area, consistent with the General Plan Circulation Element, including
R'ProjeMNewpon'J01,.Drah AdMndum- 110907.doc 2 -3 Environmen tal A nalysis
San Joaquin
Fashion Island
Block 500
Block 600
Plaza
Land Use
(75 acres)
(15.29 acres)
(25 acres)
(23.2 acres)
Total
Regional
Commercial
1,619,525 sf
0
0
0
1,619,525 sf
Movie Theatre
1,700 seats
1,700 seats
(27,500 sf)
(27,500 sf)
Hotel
(a)
(b)
425 rooms (b)
(b)
490 rooms
Residential
0
(c)
(c)
(c)
430 du
Office /Commercial
0
285,142 sf
1,001,634 sf
337,261 sf
1,746,979 sf
st.. square feet
du: dwelling unit
a Hotel rooms are permitted in Fashion Island through the transfer of available square footage.
b 65 hotel rooms may be relocated in either Block 500, Block 600, or San Joaquin Plaza. In no case shall the total
number of hotel rooms In the Fashion Island/Block 500/Block 800 /San Joaquin Plaza Planned Community exceed 490.
C, Residential units are permitted in Block 500, Block 600, and San Joaquin Plaza. In no case shall the total number of
dwelling units exceed 430.
2.2.2 Transfer of Development Rights
The 2006 General Plan also allows a transfer of development rights within Newport Center in
accordance with the following Land Use Element policy:
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to the
approval of the City with the finding that the transfer is consistent with the General
Plan and that the transfer will not result in any adverse traffic impacts.
As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to
transfer a portion of the existing development rights from Block 600 to Block 500. The transfer
includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this
entitlement to Block 500. It also includes the removal of the following existing uses from Block
600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444
sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights
could be used for a new City Hall in Block 500.
2.2.3 Phased Land Use Development and Circulation Improvement Plan (TPO Approval)
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has
been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the
Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard
and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early
in the development phasing (i.e., before issuance of a certificate of occupancy for the first
building [other than a parking structure]) constructed as part of the Project, but in no event later
than 60 months from the operative date of the Development Agreement. In addition, the
Applicant will work with the City on design and development of circulation enhancements in the
North Newport Center area, consistent with the General Plan Circulation Element, including
R'ProjeMNewpon'J01,.Drah AdMndum- 110907.doc 2 -3 Environmen tal A nalysis
Addendum to City of Newport Beach General Plan 2006 Update Eln
widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of
public right -of -way and enhancement of San Miguel Drive between MacArthur Boulevard and
Avocado Avenue, and installation of traffic signals on Newport Center Drive.
2.2.4 Affordable Housing Implementation Plan (AHIP)
The 2006 General Plan Housing Element requires an Affordable Housing Implementation Plan
(AHIP) for any development including more than 50 dwelling units. The North Newport Center
AHIP describes how the Applicant would provide affordable housing to meet the Housing
Element goal of 15 percent. The Applicant may build new affordable units, restrict income and
rent levels for existing apartments in the vicinity of North Newport Center, or a combination of
these methods. The exact number of units may vary, depending on the income levels served,
and all units must be affordable for a period of 30 years.
2.2.5 Development Agreement
As a part of the project, a Development Agreement is proposed between the City of Newport
Beach and The Irvine Company. Key provisions of the proposed Development Agreement are
as follows.
• Cancellation of Circulation Improvement and Open Space Agreement and Bonita
Canyon Annexation and Development Agreement
• Vesting of North Newport Center development rights for 20 years
• Payment of in -lieu park fees for 430 residential units, including early payment of a
portion of fees as matching grant for OASIS Senior Center
• Payment of public benefit fee to fund construction of new City Hall building or other
municipal purpose
• Circulation enhancements in the North Newport Center area
• Four -year option for the City to purchase a site in Block 500 for City Hall as well as the
use of 375 parking spaces.
• Dedication of the site north of San Miguel Drive, west of MacArthur Boulevard, south of
San Joaquin Hills Road and east of Avocado Avenue for open space, if a new City Hall
is constructed on a site in Newport Center other than Block 500
• Limit on future increases in development fees
• Limit on future amendments to Municipal Code pertaining to development of the North
Newport Center property
2.2.6 Discretionary Actions
The City of Newport Beach, as the lead agency for the Project, would rely on the City of
Newport Beach General Plan 2006 Update Program Final EIR and this Addendum as the
primary environmental documentation for the approval of the discretionary actions discussed
below.
• Approval of the Addendum to the City of Newport Beach General_ Plan 2006
Update Final Program EIR: The North Newport Center Project requires the
acceptance
R' Proleds Nepon J0l PDrftM ¢ndum-11097tloc 2 -4 Environmental Analysis
•
Addendum to City of Newport Beach General Plan 2006 Update Eln
of the environmental document as having been prepared in compliance with CEQA and
the State and City CEQA Guidelines, as well as certification that the information
contained in the City of Newport Beach General Plan 2006 Update Final Program EIR
and this Addendum was considered in the final decisions on the Project.
Approval of the Planned Community Development Plan and Design Regulations
Amendment No. PD2007 -003 as the North Newport Center Planned Community
Development Plan and Design Regulations: The Project includes the adoption of the
North Newport Center Planned Community Development Plan to incorporate Fashion
Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The
Irvine Company into one PC District, and to provide consistency between the 2006
General Plan and the zoning designation for the four sub -areas of North Newport
Center. Additionally, the Block 500 and San Joaquin Plaza PC Texts would be modified
to remove areas to be included in the North Newport Center PC Text.
• Code Amendment CA2007 -007: An amendment to Municipal Code is required to
change the zoning classification of Block 600 from Administrative Financial Professional
(APF) to Planned Community (PC) District and the open space corner lots in Block 500
and Block 600 from the Open Space (OS) District to the Planned Community (PC)
District.
• Approval of Transfer of Development Rights: The project includes the transfer of
development rights from Block 600 to Block 500 pursuant to General Plan policy. The
transfer of development rights requires approval of the City Council.
• Traffic Study No. TS2007 -001: In accordance with Municipal Code Title 15, Chapter
15.40, the project is a Comprehensive Phased Land Use Development and Circulation
System Improvement Plan as all phases of construction are not anticipated to be
completed within 60 months of approval and the project is subject to a Development
Agreement. As such, a Traffic Phasing Ordinance study has been prepared.
• North Newport Center Planned Community Affordable Housing Implementation
Plan: An Affordable Housing Implementation Plan is required by the 2006 General Plan
Housing Element, and is included in the Project.
• Development Agreement No. DA2007 -002: The Development Agreement between the
City and Applicant would vest development rights and establish public benefit s to the
City.
R PIONOYNe.POn JOtt Drab Mdem.m410909000 2 -5 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update On
SECTION 3.0
ENVIRONMENTAL ANALYSIS
The analysis in this document will evaluate if the potential impacts associated with the
subsequent approvals outlined in Section 2.0, Project Description, are substantially the same as
those addressed in City of Newport Beach General Plan 2006 Update Final Program EIR. This
evaluation includes a determination as to whether Project implementation would result in any
new significant impacts or a substantial increase in a previously identified significant impact. If
the comparative analysis identifies that there would be no change in impact from that identified
in the General Plan EIR, a determination of "No Substantial Change from Previous Analysis"
has been made.
This analysis provides the City of Newport Beach with the factual basis for determining whether
any changes in the project, any changes in circumstances, or any new information since the
General Plan EIR was certified require additional environmental review or preparation of a
subsequent or supplemental EIR.
3.1 AESTHETICS
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on aesthetic/visual quality if it would result in any of the following:
• Have a substantial adverse effect a scenic vista
• Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a State scenic highway
• Substantially degrade the existing visual character or quality of the site and its
surroundings
• Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area"
No Substantial Change from Previous Analysis. Aesthetic and visual impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Have a Substantial Adverse Effect a Scenic Vista
Page 4.1 -6 of the City of Newport Beach General Plan 2006 Update Final Program EIR
(General Plan EIR) identifies that there are no officially designated scenic highways within the
City. As such, Fashion Island, Block 500, Block 600, and San Joaquin Plaza are not designated
as scenic vistas or located within a scenic preservation zone. Page 4.1 -9 of the General Plan
EIR ident if ies a public coastal view is located along Newport Center Drive from Newport Center
Drive east to west extending to.Farallon Drive /Granville Drive, the beginning of which is located
is approximately 0.45 miles south of Block 600 and at the southern edge of Fashion Island. The
General Plan EIR states that "...existing and future development would be regulated by the
a+ProjensNewponvoi i oran Addendum. 110907 duo 3 -1 EnvlrOnmentalAnaWiS
Addendum to City of Newport Beach General Plan 2006 Update E1n
proposed General Plan Update policies, and scenic vistas would not be adversely affected.
Therefore, impacts to scenic vistas would be less than significant." a
Substantially Damage Scenic Resources, Including, but not Limited to, Trees, Rock
Outcroppings, and Historic Buildings within a State Scenic Highway
The General Plan EIR identifies that there are no officially designated scenic highways in the
City. State Route 1 (Coast Highway) is eligible for State Scenic Highway designation. Coast
Highway is not contiguous to the Project. The General Plan EIR further states "Consequently,
because no scenic highways are currently designated within the City, implementation of the
proposed General Plan Update would have no impact."
Substantially Degrade the Existing Visual Character or Quality of the Site and Its
Surroundings
The General Plan EIR identifies Newport Center /Fashion Island as an area of high overall visual
quality (see page 4.1 -18). It further states "In these areas, new development allowed under the
proposed General Plan Update would be done in such a way as to fit into the existing visual
setting. Policy LU 1.1 requires that new development 'maintain and enhance' existing
development." Policy LU 1.1 states:
Maintain and enhance the beneficial and unique character of the different
neighborhoods, business districts, and harbor that together identify Newport
Beach. Locate and design development to reflect Newport Beach's topography,
architectural diversity, and view sheds (See page 4.1 -24)
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are within the City's high -rise
height limitation zone. Fashion Island height limits range from 40 feet to 125 feet as detailed in
Section 5d. Development within Block 500 and Block 600 is permitted up to 375 feet high. The
height limit for San Joaquin Plaza is 65 feet. Fashion Island is currently developed with retail,
entertainment, services and supporting uses that serve local and regional residents. Block 500
is developed with general office and medical uses. Block 600 is currently developed with high -
rise office and hotel buildings. San Joaquin Plaza contains business and professional office
uses.
Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza would be required to comply with the City's high -rise height limitations, compliment the
height of existing buildings in Newport Center, and not create a significant shadow, or shading,
impact. Shading describes the effect of shadows cast on adjacent areas by proposed structures.
The proposed PC Text requires a that shade and shadow study be prepared for any structure
over 200 feet in height that has the potential to affect the residential area located north of San
Joaquin Hills Road (Big Canyon). The purpose of the study is to ensure that new development
will not result in added shade and shadow to the residential area beyond existing conditions for
more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more
than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time.
The General Plan EIR notes that the 2006 General Plan includes policies associated with
aesthetic improvements such as landscaping, pedestrian amenities, and design standards for
architecture and lighting. Future development projects in North Newport Center would be
required to conform to these General Plan standards as well as standards set forth in the PC .
Text and its Design Regulations. The General Plan EIR states 'Thus, the visual character would
change as development intensity increased, but the impacts would not be considered
R PrgeM Newport J011 Dr.11 AdOendum .11 OM7 doc 3 -2 Environmental Analysis
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Addendum to Ctly of Newport Beach General Plan 2006 Update EIR
significantly adverse.... Therefore, the proposed General Plan Update would have a less -than-
significant impact on the visual character of developed urban areas." (See page 4.1 -19)
Create a New Source of Substantial Light or Glare, Which Would Adversely Affect Day or
Nighttime Views In the Area
The General Plan EIR notes that the city is primarily built out and currently has significant
amounts of ambient light. It further notes that new development could create new sources of
light and glare from uses such as exterior building lighting, parking lots and structures, reflective
building surfaces, and vehicular headlines. Sources of light and glare could affect adjacent
sensitive land uses generally considered to be undeveloped land and residential uses adjacent
to commercial or industrial uses. The 2006 General Plan includes policies to address potential
nighttime lighting impacts. These include policies to prevent lighting spillage onto adjacent
properties while other policies allow the integration of land uses with requirements for
addressing lighting for land use compatibility. The General Plan EIR states `Therefore, with
implementation of the above - mentioned policies, nighttime lighting impacts and potential
spillover would be les than significant" (See page 4.1 -22) The proposed Planned Community
Development Plan and Design Regulations also contain lighting provisions to implement these
General Plan policies.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
condition is included in the North Newport Center PC Text relating shade and shadow:
Prior to issuance of a building permit for a structure over 200 feet in height that has the
potential to shade residential areas north of San Joaquin Hills Road, a shade study shall
be prepared by the Applicant and submitted to the City. The shade study shall
demonstrate that the new development will not add shade to the designated residential
areas beyond existing conditions for more than three hours between the hours of 9 AM
and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM
and 5 PM Pacific Daylight Time.
The shade study shall be prepared to the satisfaction of the Planning Director and the
Planning Director shall determine conformance with the standards identified herein as part
of the plan review process.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR states "...all other
project impacts associates with aesthetics and visual resources would be less than significant
under the proposed Newport Beach General Plan Update. "2
Finding of Conslstencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
2 Visual impacts associated with Banning Ranch were found to be unavoidable. Banning Ranch is not a part of the
North Newport Center Project.
R- Projwa Ne Ori JO11 Drah Addendum-110901 dm 3.3 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.2 AGRICULTURAL RESOURCES
The General Plan EIR identifies that the topic of Agricultural Resources was focused out
because the City of Newport Beach contains no designated farmland by the California
Department of Conservation, Farmland Mapping Program, 3 no land designated Farmland would
be converted to non - agricultural use as a result of implementation of the 2006 General Plan, no
sites in the City are zoned for agricultural use, and no sites would be affected by a Williamson
Act contract. (See page 6 -4)
3.3 AIR QUALITY
The following thresholds of significance are as set forth in the General Plan EIR. it states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on air quality if it would result in any of the following:
• Conflict with or obstruct implementation of the applicable air quality plan
• Violate any air quality standard or contribute substantially to an existing or
projected air quality violation
• Result in a cumulatively considerable net increase of any criteria pollutant for
which the project is in non- attainment under an applicable federal or State
ambient air quality standard
• Expose sensitive receptors to substantial pollutant concentrations
• Create objectionable odors affecting a substantial number of people"
No Substantial Change from Previous Analysis. Air quality impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Conflict With or Obstruct implementation of the Applicable Air Quality Plan
Result in a Cumulatively Considerable Net Increase of any Criteria Pollutant for Which
the Project Is In Non - Attainment Under An Applicable Federal Or State Ambient Air
Quality Standard
The General Plan EIR identifies that projects that are consistent with the South Coast Air
Quality Management District (SCAQMD) 2003 Air Quality Management Plan (AQMP) are those
whose use and activities are consistent with the applicable assumptions used in the
development of the AQMP. Because the growth projections assumed for buildout of the 2006
General Plan are higher than what would have been assumed in the AQMP, the "...proposed
General Plan Update would not be consistent with the AQMP attainment forecasts and •
3 California Department of Conservation, Farmland Mapping program, important Farmland in California 2004 Map
(2004)
R Piogevs,Newpon J01 T 0r1h Aa1e�G,m- 1t0907.da 3 -4 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
attainment of the standards could be delayed.... this impact would be significant" This was
identified as a project and cumulative unavoidable impact.
• As previously identified in Table 1 of this Addendum, total development (existing and future) for
Fashion Island is 1,619,525 sf of regional commercial uses and 1,000 movie theatre seats; hotel
uses are permitted through a transfer of development rights. Total development (existing and
future) for Block 600 is 1,001,634 sf of office /commercial and 425 hotel rooms. Total
office /commercial development is 285,142 sf for Block 500 and 337,261 sf for San Joaquin
Plaza. In addition, 430 residential units and 65 hotel rooms may be developed in Blocks 500 or
600 or San Joaquin Plaza. Through the transfer of development rights included in the Project,
the entitlement for 165 new hotel rooms and 42,036 sf of office /commercial use allocated to
Block 600 is to be transferred to Block 500 for the development of 205,161 sf of
office /commercial use in Block 500.The Project does not propose any new land uses, nor any
additional intensity of development, not previously permitted and contemplated in the 2006
General Plan for the four sub - areas.
As such, the Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
Violate Any Air Quality Standard or Contribute Substantially to an Existing or Projected
Air Quality Violation
The General Plan EIR identifies that construction related emissions could be mitigated but
would be expected to remain significant and unavoidable. Future development in North Newport
Center consistent with the assumptions of the 2006 General Plan may involve excavation,
grading operations, building construction, and demolition of existing structures and pavement.
All development will be required to comply with standard construction practices as set forth in
the SCAQMD Handbook, including best management practices (BMPs) for the control of
emissions. BMPs include control of fugitive dust through watering exposed surfaces, covering
exposed ground, and sweeping streets. Additional measures involve construction traffic
emission control including ensuring all vehicles and equipment are operating efficiently. It is
anticipated that standard control measures would reduce potential impacts of air emissions and
odors.
Page 4.2 -13 of the General Plan EIR states: `Implementation of the proposed General Plan
Update would result in construction emissions that would contribute substantially to an existing
or projected air quality violation." The General Plan EIR evaluated the effects of full
implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza
on air quality and accounted for construction impacts. The General Plan EIR concluded that
despite implementation of General Plan Policies NR 8.1 through NR 8.5, which would help to
reduce construction- related air quality impacts, the development contemplated in the General
Plan would result in a significant and unavoidable air quality impact. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
Expose Sensitive Receptors to Substantial Pollutant Concentrations
The General Plan notes that the implementation of General Plan land uses is not expected to
expose existing or future sensitive uses within the City to substantial carbon monoxide (CO)
concentrations. This impact was determined to be less than significant for all uses in the City.
As such, this conclusion would also be applicable to the North Newport Center Project.
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Create Objectionable Odors Affecting a Substantial Number of People
Odors can occur from construction activities related to the operation of construction vehicles
and the application of architectural coatings. Odors can also occur from operation of uses such
as restaurants, manufacturing facilities, etc. The General Plan EIR notes uses such as
restaurants are typically required to have ventilation systems; trash receptacles are required by
City and Health Department regulations. The General Plan EIR states that "Consequently,
implementation of the proposed General Plan Update would not create objectionable odors
affecting a substantial number of people within the City and potential impacts would be less than
significant" (See page 4.2 -17). No land uses or activities would be permitted in the North
Newport Center District that would result in changes in the conclusions set forth in the General
Plan EIR.
Climate Change
The proposed North Newport Center Project serves to implement the principal goals of the 2006
General Plan. These goals and policies include the following:°
• A successful mixed -use district that integrates an economic and commercial
center serving the needs of Newport Beach residents and the subregion, with
expanded opportunities for residents to live close to jobs, commerce,
entertainment, and recreation, and is supported by a pedestrian - friendly
environment.
• Provide the opportunity for limited residential, hotel, and office development in
accordance with the limits specified by Tables LU1 and LU2.
• Provide the opportunity for an additional anchor tenant, other retail, and /or
entertainment and supporting uses that complement, are integrated with, and
enhance the economic vitality of existing development.
• Encourage that some new development be located and designed to orient to the
inner side of Newport Center Drive, establishing physical and visual continuity
that diminishes the dominance of surface parking lots and encourages pedestrian
activity.
• Encourage that pedestrian access and connections among uses within the
district be improved with additional walkways and streetscape amenities
concurrent with the development of expanded and new uses.
• Encourage that new development in Fashion Island complement and be of
equivalent or higher design quality than existing buildings. Reinforce the existing
promenades by encouraging retail expansion that enhances the storefront
visibility to the promenades and provides an enjoyable retail and pedestrian
experience.
Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza consistent with the 2006 General Plan will assist the City in achieving its General Plan
goals. Regarding long- term air quality impacts, the General Plan EIR states that the nature of
Newport Center has the capacity to contribute to decreases in vehicle miles traveled because
•
Ibid., pages 3.97 to 3 -98.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
the project area promotes a mixed -use, pedestrian - friendly district.5 The Project is not expected
• to result in any climate change impacts due to greenhouse gas emissions beyond the impacts of
the development set forth in the General Plan EIR.
The General Plan EIR analyzed air quality impacts associated with buildout of future
development in the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin
Plaza. The analysis included carbon dioxide (CO2) and other greenhouse gas emissions. As
discussed above, the Project would not generate any new air quality impacts not already
identified in the General Plan EIR. The Project is in conformance with the assumptions set forth
in the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
With respect to global climate change resulting from greenhouse gas emissions, no "new
information of substantial importance" on climate change is now available that was not known
and could not have been known when the City approved the General Plan EIR in 2006. For
example, in 1979, the National Research Council published "Carbon Dioxide and Climate: A
Scientific Assessment," which concluded that climate change was an accelerating phenomenon
partly due to human activity. Numerous studies conducted before and after the National
Research Council report reached similar conclusions. The State of California adopted legislation
in 2002 requiring the California Air Resources Board to develop regulations limiting greenhouse
gas emissions from automobiles.
Consideration of strategies to control emissions of greenhouse gases which may contribute in
some manner to global climate change is under consideration at all regulatory levels; however,
there is no one agency responsible for regulating greenhouse gases, and there are no
established standards to evaluate the significance of greenhouse gas emissions. However, the
most common greenhouse gas emissions are from vehicle emissions (both construction and
operational) and operational emissions from energy consumption. These issues have been
addressed in General Plan EIR.
Analyses prepared for or by California State Agencies on climate change issues do not provide
for the provision of specific measures to incorporate into particular projects to reduce
greenhouse gas emissions, except for generalized recommendations about such matters as
encouraging jobs/housing proximity. The California Energy Commission recently explained that
accessibility and mixed use are two factors that reduce vehicles trips, which are a major source
of greenhouse gas emissions in California .6
The Project's incremental contribution to any cumulative global climate change impact is
mitigated by various characteristics of the Project that serve to render its contribution less than
cumulatively considerable. One of the main concerns raised by those concerned about the
effect of greenhouse gases on climate change is that "leap frog" -type development would serve
to potentially increase the number of vehicle miles traveled and consequently increase those
vehicular emissions (i.e., CO2 that contribute to greenhouse gases). The Project would allow for
in -fill, mixed use development in an urbanized setting thereby providing opportunities to reduce
vehicle trips.
• 5 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse
No 2006011119), July 26, 2006, page 4.2 -12.
6 California Energy Commission, The Role of Land Use in Meeting California's Energy and Climate Change Goals,
Draft, June 26, 2007, pages 7, 17 -19.
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Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts •
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that there
are no feasible mitigation measures to reduce the impact of increased population on
implementation of the AQMP; to reduce cumulative impacts associated with construction
emissions; or to reduce operational activities. These impacts would be significant and
unavoidable.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.4 BIOLOGICAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse •
impact on biological resources if it would result in any of the following:
• Have a substantial adverse effect, either directly or indirectly through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or the CDFG or USFWS
• Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations or by
the CDFG or USFWS
• Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means
• Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites
• Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat •
conservation plan"
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Addendum to City of Newport Beach General Plan 2006 update EIR
No Substantial Change from Previous Analysis. Biological resources impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
• to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
C7
Summary Analvsis
Have a Substantial Adverse Effect, Either Directly or Indirectly Through Habitat
Modifications, On Any Species Identified as a Candidate, Sensitive, or Special Status
Species in Local or Regional Plans, Policies, or the CDFG or USFWS
Have a Substantial Adverse Effect on Any Riparian Habitat or Other Sensitive Natural
Community Identified in Local or Regional Plans, Policies, Regulations or By the CDFG
or USFWS
Have a Substantial Adverse Effect on Federally Protected Wetlands as Defined By
Section 404 Of The Clean Water Act (Including, But Not Limited To, Marsh, Vernal Pool,
Coastal, Etc.) Through Direct Removal, Filling, Hydrological Interruption, or Other Means
Interfere Substantially With the Movement of Any Native Resident or Migratory Fish or
Wildlife Species or With Established Native Resident or Migratory Wildlife Corridors, or
Impede the Use of Native Wildlife Nursery Sites
Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such As
a Tree Preservation Policy or Ordinance
Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or Other Approved Local, Regional, or State Habitat
Conservation Plan
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located within Newport
Center, a built urban environment. Landscaped areas within Fashion Island, Block 500, Block
600, and San Joaquin Plaza include non - native landscape materials including turf, trees, and
plants. No wetlands or riparian habitat community exist in the sub - areas. The project would not
have a substantial adverse effect on any species identified by the California Department of Fish
and Game and the U.S. Fish and Wildlife Service as a species for concern because the site has
been developed for the past 40 years and contains no habitat suitable for wildlife. Landscaping
may be removed as a result of future development. The General Plan EIR notes that
development could result in the removal of mature trees that may be used as perching and
nesting sites for migratory birds and raptors. The General Plan EIR identifies mitigation
associated with this potential impact and states "With compliance with these policies, impacts
would be less than significant...."
The County of Orange Natural Community Conservation Plan (NCCP) and the Habitat
Conservation Plan (HCP) surveyed and mapped habitat vegetation and species throughout the
County, including the four sub - areas. No candidate, sensitive or special status species were
identified in the vicinity of the site. 7 Additionally, North Newport Center is identified as having no
conservation value and is not included in the NCCP or HCP.
U.S. Department of Interior Fish and Wildlife Service, Natural Community Conservation Plan, Habitat Conservation
Plan, EIR, and EIS - County of Orange Central and Coastal Subregion, May 1996.
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The General Plan EIR analyzes the potential biological effects associated with buildout of the
2006 General Plan, including Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
These sites would be required to comply with applicable 2006 General Plan policies regarding
biological resources. Pages 4.3 -22, 4.3 -24, and 4.3 -27 of the Biological Resources Analysis in
the General Plan EIR address development in Newport Center, inclusive of Fashion Island,
Block 500, Block 600, and San Joaquin Plaza. Page 4.3 -27 identifies that that the 2006 General
Plan policies ensure that build -out consistent with the General Plan would not impact native,
resident, or migratory wildlife species or corridors.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
compliance with existing federal, State, and local regulations would mitigate biological resources
impacts to a level considered less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.5 CULTURAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on cultural resources if it would result in any of the following:
• Cause a substantial adverse change in the significance of a historical resource
as defined in Section 15064.5
• Cause a substantial adverse change in the significance of an archaeological
resource pursuant to Section 15064.5
• Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature
• Disturb any human remains, including those interred outside of formal
cemeteries"
No Substantial Change from Previous Analysis. Cultural resources impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
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0
W
Addendum to City of Newport Beach General Plan 2006
Summary AnaIvsIs
Cause a Substantial Adverse Change in the Significance of a Historical Resource as
Defined In Section 15064.5
The four sub -areas of the North Newport Center PC District are not identified as a historic area
or an area containing historical resources by the City of Newport Beach General Plan. The
Project would not result in any adverse physical or aesthetic effects to any building, structure, or
object having historical, cultural, or religious significance. As such, no historic resources would
be impacted by the Project.
Cause a Substantial Adverse Change In the Significance of an Archaeological Resource
Pursuant To Section 15064.5
Disturb Any Human Remains, Including Those Interred Outside of Formal Cemeteries
The General Plan EIR notes that ground- disturbing activities can damage or destroy
archaeological and /or Native American cultural resources. The 2006 General Plan contains
policies to ensure the protection of such resources. The General Plan EIR states that
"...implementation of the proposed General Plan Update policies would ensure that impacts to
archaeological and Native American cultural resources would be less than significant..." (See
page 4.4 -16) The Project is in conformance with the assumptions set forth in the General Plan
EIR. Therefore, implementation of the Project would not result in any new impacts or increase
the severity of a previously identified significant impact as previously analyzed in the General
Plan EIR.
Directly or Indirectly Destroy a Unique Paleontological Resource or Site or Unique
Geologic Feature
Paleontological resources may be present in fossil- bearing soils and rock formations below the
ground surface. Ground - disturbing activities in these soils and formations have the potential to
damage or destroy these resources. The General Plan EIR states that compliance with General
Plan policies "...would reduce this impact to a less- than - significant level by ensuring that
paleontological resources would be subject to scientific recovery and evaluation..." (See page
4.4 -17) The Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Pla n
impacts to archaeological and paleontological
mitigated to a level considered less than significant
R..Prgem Newport Q011'.nrah natlepaom• t 1090Y.tlo0
3 -11
EIR, the General Plan EIR identifies that
resources, and human remains could be
Environmental
Addendum to City of Newport Beach General Plan 2006 Update Eln
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.6 GEOLOGY, SOILS, AND MINERAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed General Plan Update would result in a significant impact if the
project would:
• Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving
— Rupture of a known earthquake fault, as delineated on the most recent
Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evidence of a known fault
— Strong seismic ground shaking
— Seismic- related ground failure, including liquefaction
— Landslides
• Result in substantial soil erosion or the loss of top soil
• Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction or collapse
• Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building
Code (1994), creating substantial risks to life or property
• Result in the loss of availability of a known mineral resource that would be of
value to the region and the residents of the State
• Result in the loss of availability of a locally important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan"
No Substantial Change from Previous Analysis. Geology, soils, and mineral resources
impacts have been previously analyzed as part of the General Plan EIR, which was prepared
and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications
are needed to make the previous document adequate to cover the actions that are currently
proposed, which are documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Expose People or Structures to Potential Substantial Adverse Effects, Including the Risk
of Loss, Injury, or Death Involving the Rupture of a Known Earthquake Fault, Strong .
Ground Shaking, Seismic - Related Ground Failure, or Landslides
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Addendum to City of Newport Beach General Plan 2006 Update EIR
The General Plan EIR notes that there are no Alquist - Priolo zones in the City; no impact would
result. Policies are provided in the 2006 General Plan to ensure that adverse effects caused by
seismic and geologic hazards are minimized. Moderate to large earthquakes would cause
ground shaking in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San
Joaquin Plaza. Compliance with regulations and policies of the General Plan EIR would
"...ensure that impacts related to strong seismic ground shaking remain at a less -than-
significant level." With respect to seismic - related ground failure, none of Newport Center is in an
identified liquefaction area.
Result In Substantial Sol[ Erosion or the Loss of Top Soil
With respect to top soil, the General Plan EIR notes that most of the City is built out and top soil
is not an issue. With respect to soil erosion, shoreline areas and coastal bluffs are highly
susceptible to erosion from wave action and stream erosion. The four sub -areas are not located
near the coast or bluff areas. All demolition and construction activities are required to comply
with the California Building Code and other regional and local regulations (e.g., State Water
Resources Control Board provisions) that require the implementation of measures to reduce soil
erosion. The General Plan EIR identifies that potential impacts would be mitigated to a less than
significant level. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a. previously identified significant impact as previously analyzed in the
General Plan EIR.
Be Located on Expansive Soil, as Defined In Table 18 1 B of the Uniform Building Code
(1994), Creating Substantial Risks to Life or Property
is The General Plan EIR considered buildout of the City, inclusive of Fashion Island, Block 500,
Block 600, and San Joaquin Plaza in its geology analysis. Page 4.5 -13 of the General Plan EIR
discusses the General Plan Update's concentration of development in areas including Fashion
Island, Block 500, Block 600, and San Joaquin Plaza, and notes that the impact is considered
less than significant. All four sub -areas have been subject to development which has required
the analysis of soil conditions.
With respect to soil characteristics, the certified Final EIR for the Island Hotel (formerly Four
Seasons), dated October 21, 1983, discussed geology and soils in Newport Center. The Final
EIR states that Newport Center is:
...part of an uplifted marine terrace of Pleistocene age. The marine terrace soils
are composed essentially of weakly cemented to loose sands and silty sands
which in parts of Newport Center reach a depth of as much as 50 feet. The upper
one to two feet of this material have weathered to form a moderately expansive,
clayey soil. The Pleistocene sediments are underlain by clay shales, clay
siltstones, and sandstones of Miocene age, Monterey Formation.
Because policies of the General Plan require that development not be located on unstable soils
or geologic units, the General Plan EIR found that the potential impact was less than significant.
The Uniform Building Code and California Building Code include regulations governing
seismically resistant construction and construction to protect people and property from
construction and building hazards.
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Result in the Loss of Availability of a Known Mineral Resource That Would Be Of Value to
the Region and the Residents of the State .
Result in the Loss of Availability of a Locally Important Mineral Resource Recovery. Site
Delineated on a Local General Plan, Specific Plan, or Other Land Use Plan
The General Plan EIR notes that implementation of the 2006 General Plan would not result in
the loss of availability of known mineral resources of value to the region or the State. No
impacts would occur.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to geology and soils could be mitigated to a level considered less than significant. No
mineral resources were identified.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.7 HAZARDS AND HAZARDOUS MATERIALS
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact to the public or
the environment through hazards and hazardous materials if it would result in any of the
following:
• Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials
• Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment
• Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one - quarter mile of an existing or proposed school
• Be located on a site which is included on a list of hazardous materials site
compiled pursuant to Government Code Section 65962.5, and as a result, would
create a significant hazard to the public or the environment .
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• For a project located within an airport land use plan, or where such a plan has
not been developed, within two miles of a public airport or public use airport,
• result in a safety hazard for people residing or working in the project area
• Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan
• Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands"
No Substantial Change from Previous Analysis. Hazards and hazardous material - related
impacts have been previously analyzed as part of the General Plan EIR, which was prepared
and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications
are needed to make the previous document adequate to cover the actions that are currently
proposed, which are documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Create a Significant Hazard to the Public or the Environment through the Routine
Transport, Use, or Disposal of Hazardous Materials
Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials,
Substances, or Waste within One - Quarter Mile of an Existing or Proposed School
Be Located on a Site Which Is Included On A List Of Hazardous Materials Site Compiled
Pursuant To Government Code Section 65962.5, and as a Result, Would Create a
Significant Hazard To The Public Or The Environment
Impair Implementation Of or Physically Interfere With an Adopted Emergency Response
Plan or Emergency Evacuation Plan
The General Plan EIR acknowledges that implementation of the 2006 General Plan land uses
would result in an increase in commercial development that could increase the routine transport,
use, storage, and disposal of hazardous materials. The General Plan also notes that
construction activities can result in the exposure of hazardous materials (e.g., lead -based paint
and asbestos). The City contains sites that have been identified as being contaminated by the
release of hazardous substances into the soil; sites containing leaking underground storage
tanks; and large and small generators of hazardous materials.
The General Plan EIR notes that projects are required to comply with existing regulations and
General Plan policies to protect construction workers and the public. Potential impacts were
determined to be less than significant. Future development in North Newport Center could
require the demolition of structures. Demolition and construction activities on the four sub -areas
would also be subject to compliance with these regulations and policies.
The Island Hotel (formerly Four Seasons) in Block 600 is listed as having a leaking underground
storage tank (LUST).B A remediation plan has been submitted to the Orange County Local
Oversight Program (Local Lead Agency) and to the Santa Ana Regional Water Quality Control
Board. The conclusion of this effort is pending. The contaminant identified is diesel fuel. None of
. the leaks that have been reported in the City have impacted a drinking source of groundwater.
Ibid., Table 4.6 -5.
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As with all development in the City, the Project must comply with existing regulations and
General Plan policies regarding hazardous materials. General Plan Policy S 7.3 educates
residents and businesses about reducing or eliminating their use of hazardous materials. Policy
S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes
clearly identify the materials and comply with applicable law.
The General Plan EIR notes that increased population and development could result in
congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's
Emergency Management Plan is regularly updated, provides for efficient and orderly citywide
evacuation, and ensures that emergency service personnel are knowledgeable of the relevant
response plans for the City. Such information is also distributed through the community. General
Plan policies for handling emergencies would reduce hazardous materials impacts due to
growth to a less than significant level. The Project is in conformance with the assumptions set
forth in the General Plan EIR. Therefore, implementation of the Project would not result in any
new impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Expose People or Structures to a Significant Risk of Loss, Injury or Death Involving
Wildland Fires, Including Where Wildlands Are Adjacent To Urbanized Areas or Where
Residences Are Intermixed With Wildlands
North Newport Center is not susceptible to wildland fires; the four sub -areas are completely
surrounded by existing urban development.
For a Project Located Within an Airport Land Use Plan, or Where Such a Plan has Not
Been Developed, Within Two Miles Of a Public Airport Or Public Use Airport, Result In a
Safety Hazard For People Residing Or Working In The Project Area
The four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John
Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach
to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for
consistent agencies be referred to the ALUC for a determination prior to City action. Therefore,
the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public
hearings before the City's Planning Commission and City Council.
Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone,
notice to the Federal Aviation Administration (FAA) is required for construction or alteration to
any building more than 200 feet above ground level. Prior to construction or alteration of a
building more than 200 feet above ground level a Determination of No Hazard must be obtained
from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed
structure will not pose a hazard to air navigation. The PC Text requires that any structure above
200 feet will be forwarded to the FAA for their independent analysis.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
conditions are included in the North Newport Center PC Text relating the adherence to the
AELUP and FAA restrictions:
For development of structures that exceed 200 feet in height above ground level at a
development site, applicants shall file a Notice of Proposed Construction or Alteration
with the FAA (FAA Form 7460 -1). Following the FAA's Aeronautical Study of a project,
K ,erojene Ne Pon JOt 1 '0-tt Add.ndum- 11090) U.c 3 -16 Environmental Analysis
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the project must comply with conditions of approval imposed or recommended by the
FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land
Use Commission (ALUC) of Orange County for consistency analysis.
2. No buildings within the Fashion Island /Block 500 /Block 600 /San Joaquin Plaza Planned
Community area should penetrate the FAA FAR Part 77 imaginary obstruction surface
for John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form
7460 -1) for any construction cranes that exceed 200 feet in height above ground level.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to hazards and hazardous materials relevant to the Project could be mitigated to a level
considered less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.8 HYDROLOGY AND WATER QUALITY
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact on hydrology
and water quality, as well as the City's storm drain system, if it would result in any of the
following:
• Violate any water quality standards or waste discharge requirements
• Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or
a lowering of the local groundwater table.
• Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which would result in flooding
on- or off -site
• Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources
of polluted runoff
• Require or result in the construction and /or expansion of new storm drain
infrastructure that would cause significant environmental effects
• • Otherwise substantially degrade water quality
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• Place housing within a 100 -year flood hazard area as mapped on a Federal
Flood Hazard Boundary or flood Insurance Rate Map or other flood hazard
delineation map
• Place within a 100 -year flood hazard area structures which would impede or
redirect flows
• Expose people or structures to a significant risk or loss, injury or death involving
flooding, including flooding as a result of a levee or dam
• Expose people or structures to significant risk or loss, injury or death involving
inundation by seiche, tsunami, or mudflow"
No Substantial Change from Previous Analysis. Hydrology and water quality impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Violate Any Water Quality Standards or Waste Discharge Requirements
Create or Contribute Runoff Water Which Would Exceed the Capacity of Existing or
Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of
Polluted Runoff
Otherwise Substantially Degrade Water Quality
The General Plan EIR notes that the implementation of development set forth in the 2006
General Plan could result in an increase in pollutants in storm water and wastewater. However,
water quality standards and waste discharge requirements would not be violated with
compliance with regulations including but not limited to the State Water Resources Control
Board Construction General Permit and preparation and implementation of Stormwater Pollution
Prevention Plans required for compliance with the NPDES General Construction Stormwater
Activity Permit. Permit and regulation compliance would be required for future development
projects within Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
The City of Newport Beach Municipal Code ensures compliance with federal water quality
standards. The Municipal Code also regulates grading, fill, drainage, and erosion control. All
construction and development must comply with applicable federal, State, and City laws. Also,
General Plan Update policies "would reduce the risk of water degradation from the operation of
new developments to the maximum extent practicable. "9 The impact of development under the
General Plan Update would be less than significant.
As identified in the General Plan EIR, Policy NR 3.16 Street Drainage Systems states "Require
all street drainage systems and other physical improvements created by the City, or developers
of new subdivisions, to be designed, constructed, and maintained to minimize adverse impacts
on water quality. Investigate the possibility of treating or diverting street drainage to minimize
impacts to water bodies.i70 General Plan Policy LU 2.8, Adequate Infrastructure, states
"Accommodate the types, densities, and mix of land uses that can be adequately supported by
9 Ibid.. page 4.7 -32.
10 Ibid., page 4.14.45.
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transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and
public services (schools, parks, libraries, seniors, youth, police, fire, and so on).77
The General Plan EIR concludes that impacts are less than significant. General Plan Update
Policies "would ensure that new development can be adequately supported by utilities such as
storm drainage infrastructure ."12 Impacts are less than significant. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Substantially Deplete Groundwater Supplies or Interfere Substantially With Groundwater
Recharge Such That There Would Be A Net Deficit in Aquifer Volume or a Lowering of the
Local Groundwater Table
The General Plan EIR notes that implementation of the General Plan could create additional
impervious surfaces which could interfere with groundwater recharge. The General Plan EIR
goes on to note that, however, intensification of development would not affect groundwater
recharge. As the four sub -areas are currently developed, there would be no substantive change
in the amount of impervious surfaces. The EIR finds that "new development would not
substantially affect groundwater recharge. Potential impacts to groundwater recharge would be
less than significant." 13 The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Require or Result In the Construction and/or Expansion of New Storm Drain
Infrastructure That Would Cause Significant Environmental Effects
On a citywide basis, the General Plan EIR notes that buildout may require the expansion of
storm drains or the construction of new storm drain infrastructure. The existing site drainage has
been designed to handle run off from existing structures on the four sub - areas. As future site -
specific development is proposed, drainage plans will be developed. The General Plan EIR
contains policies that ensure that new development can be adequately supported by utilities
such as storm drain infrastructure. The General Plan EIR states "It is not anticipated that this
construction of necessary storm drainage upgrades in and of itself would result in impacts
separate from the General Plan Update." (See page 4.7 -37) The Project is in conformance with
the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Substantially Alter The Existing Drainage Pattern Of The Site Or Area, Including Through
The Alteration of The Course Of A Stream Or River, Or Substantially Increase The Rate Or
Amount Of Surface Runoff In A Manner Which Would Result In Flooding On- Or Off -Site
Place Housing within a 100 -Year Flood Hazard Area as Mapped on a Federal Flood
Hazard Boundary or Flood Insurance Rate Map or Other Flood Hazard Delineation Map
Place Within a 100 -Year Flood Hazard Area Structures Which Would Impede or Redirect
Flows
" ibid., page 4.14.34.
12 Ibid., page 4.7 -36.
3 Ibid., page 4.7.33.
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Expose People or Structures to A Significant Risk or Loss, Injury or Death Involving
Flooding, Including Flooding As A Result Of A Levee or Dam
Expose People or Structures to Significant Risk or Loss, Injury or Death Involving
Inundation by Seiche, Tsunami, or Mudf low
While the General Plan EIR identifies areas of the City that would be vulnerable to flooding and
coastal wave systems, the Project is not located in a flood hazard zone14 nor is it proximate to
the Pacific Ocean. No impacts are anticipated.
Mitigation Program
Policies of the 2006 General Plan were adopted as a.mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Signlficance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to hydrology and water quality could be mitigated to a level considered less than
significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.9 LAND USE AND PLANNING
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact on land use and
planning if it would result in any of the following:
• Intensify development within the Planning Area that creates incompatibilities with
adjacent land uses
• Physically divides an established community
• Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect
• Conflict with any applicable habitat conservation plan or natural community
conservation plan"
No Substantial Change from Previous Analysis. Land use impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
16 Ibid., Figure 4.7 -3 Flood Zones.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
• documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Intensify Development within the Planning Area that Creates Incompatibilities with
Adjacent Land Uses
Conflict with any Applicable Land Use Plan, Policy, Or Regulation Of An Agency With
Jurisdiction Over The Project (Including, But Not Limited To The General Plan, Specific
Plan, Local Coastal Program, Or Zoning Ordinance) Adopted For The Purpose Of
Avoiding Or Mitigating An Environmental Effect
The General Plan EIR notes that buildout of the 2006 General Plan land uses may result in new
uses and structures at an increased intensity that creates incompatibilities with adjacent land
uses. These incompatibilities can result from factors including differences in scale of
development, noise and traffic levels, and hours of operation. Conflicts can also occur where
mixed use development occurs. Newport Center /Fashion Island is a location in the City
identified for mixed use development. The General Plan EIR describes this area as:
Newport Center /Fashion Island is a regional center of business and commerce that
includes major retail, professional office, entertainment, hotel, and residential uses
in a master planned mixed use development. Fashion Island, a regional shopping
center, forms the nucleus of Newport Center, and is framed by this mixture of
office, entertainment, and residential. New land uses in this subarea include
. additional commercial uses (approximately 430,000 square feet), approximately
600 multi - family residential units [reduced to 450 units in Final Program EIR] and
approximately 250 additional hotel rooms. Residential units have existed in this
area since the 1970's, and increased through the 1990s. No conflicts of use
between the residential and commercial uses have existed previously in this area,
as evidenced by the lack of complaints by area residents. Goals and policies
contained in the proposed General Plan Update would serve to promote a mixed
use, pedestrian - friendly district for this subarea that would continue commercial and
residential uses. Policy LU 6.14.5 encourages improved pedestrian connections
and streetscape amenities connecting the area's diverse districts. Goals contained
in the proposed General Plan Update related to mixed use development (Goal 5.3)
specifically articulate that such development should promote compatibility among
uses. General Plan Policy LU 5.3.1 calls for the consideration of compatibility
issues in project design of mixed use development. Thus, mixed use development
under the proposed General Plan Update would be, by design, compatible with
adjacent non - residential uses.15
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15 Ibid., page 4.8 -11.
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As previously noted in this Addendum, Fashion Island is a regional commercial center with retail
uses, restaurants, bars, and theater /nightclubs. Block 500 includes office, administrative,
professional, and financial uses. Block 600 includes hotel, office, administrative, professional
and financial uses, and accessory uses. San Joaquin Plaza includes business and professional
office uses. In addition to these four sub - areas, ,Newport Center includes the following sub-
areas and land uses:
Block
Land Use
100
administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
200
administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
300
administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
400
medical- related offices, short-term convalescent and long -term care services, professional
offices, retail and other similar uses.
700
regional commercial office and multi - family residential
800
regional commercial office and multi- family residential
900
multi - family housing, visitor serving land uses
Land uses outside of Newport Center include single - family and multi - family residences and a
golf course in Big Canyon located north of Block 500, Block 600, and San Joaquin Plaza and
across San Joaquin Hills Road. Single- family and multi - family residences and general
commercial land uses are located east of Newport Center across MacArthur Boulevard.
Parks /recreational land uses and single - family residences are located south of Newport Center,
across Coast Highway. Open space, single - family residences, visitor - serving commercial and
parks /recreational land uses are located west of Newport Center, across Jamboree Road.
The General Plan land use designation for Fashion Island is Regional Commercial (CR). Page
3 -13 of the 2006 General Plan states that the CR designation "...is intended to provide retail,
entertainment, service, and supporting uses that serve local and regional residents." The land
use designations for Block 500, Block 600, and San Joaquin Plaza are Mixed Use Horizontal 3
(MU -H3) and Open Space (OS). As identified in the 2006 General Plan, 'The MU -H3
designation applies to properties located in Newport Center. It provides for the horizontal
intermixing of regional commercial office hotel, multi - family residential and ancillary commercial
uses."16 Page 3 -16 of the 2006 General Plan states that the OS designation "...is intended to
provide areas for a range of public and private uses to protect, maintain, and enhance the
community's natural resources."
As a part of the proposed project, Block 600 would be rezoned from Administrative,
Professional, and Financial (APF) and Open Space (OS) to Planned Community (PC). The
North Newport Center PC Text would be adopted to incorporate Fashion Island, Block 600, and
portions of Block 500 and San Joaquin Plaza owned by the Applicant into a single Planned
Community District. The PC Text would reflect the land uses permitted for these sub -areas
under the 2006 General Plan.
The General Plan EIR states the following with respect to changes in land use for Newport
Center and Fashion Island under the General Plan Update:
The Plan allows for expanded retail opportunities at Fashion Island, including an
additional anchor department store and ancillary shops, another hotel or additions
to existing hotels, and 600 additional housing units [reduced to 450 in Final
16 City of Newport Beach, General Plan, July 25, 2006, page 3 -15.
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Program EIR]... Plan policies encourage improved pedestrian connections and
streetscape amenities connecting the area's diverse districts."
Areas where mixed use development is currently located (e.g., Balboa Peninsula,
Mariners' Mile and Newport Center /Fashion Island), would be allowed to develop
with more mixed use ... In many locations, the addition of uses similar to existing
uses would occur. For instance, additional retail facilities would be permitted in
the Fashion Island /Newport Center Area... Where additional development that is
the same as or similar to existing development could occur, these uses would be
compatible.'a
As previously addressed, the four sub -areas are identified in the Airport Environs Land Use Plan
(AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the
City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP
requires that zone changes for consistent agencies be referred to the ALUC for a determination
prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing
is scheduled prior to public hearings before the City's Planning Commission and City Council.
As noted, the General Plan EIR does not identify land use incompatibilities for Newport Center,
inclusive of the four sub -areas of the Project. The Project is proposed to provide for zoning
consistent with the 2006 General Plan land use designations for the four sub - areas. The Project
is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Physically Divides an Established Community
The General Plan EIR notes that the 2006 General Plan allows for "...limited infill development
in select subareas within the City ... These types of proposed development would not divide
established communities. Impacts would be less than significant" (See 4.8 -16) With respect to
the Project, future development in the four sub -areas would not require the extension of
roadways or other development features through developed areas that could physically divide
the established community. The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Conflict with Any Applicable Habitat Conservation Plan or Natural Community
Conservation Plan
As previously addressed, North Newport Center is identified as having no conservation value
and is not included in the NCCP or HCP.
Mltigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
• 17 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page
3 -15.
18 Ibid., page 4.8 -9.
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Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to land use impacts pertaining to the Project could be mitigated to a level considered
less than significant.
Findinq of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.10 NOISE
The following thresholds of significance are as set forth in the General Plan EIR. It states
..implementation of the proposed project may have a significant adverse noise impact if it
would result in any of the following:
• Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable standards
of other agencies
• Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels
• A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project
• A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project
• For a project within an airport land use plan, or where such a plan has not been
adopted, within two miles of a public airport or public use airport, exposure of
people residing or working in the project area to excessive noise levels"
No Substantial Change from Previous Analysis. Noise impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
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Summary Analysis
Exposure of Persons to or Generation of Noise Levels in Excess Of Standards
Established In the Local General Plan or Noise Ordinance, or Applicable Standards of
Other Agencies
A Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above
Levels Existing Without The Project
The General Plan EIR identifies that locations throughout the City would experience changes in
noise levels as a result of increased motor vehicles and development. Where existing land uses
would be exposed to noise levels exceeding the City's noise standards as a result of future
growth, the General Plan EIR identifies this as a significant impact. (See 4.9 -22) Figure 4.9-5 of
the General Plan EIR identifies that the four sub -areas would be located within 60 CNEL to 65
CNEL future noise contours. These noise contours do not account for any intervening structures
or other noise - attenuating features. Additionally, measures for noise attenuation where needed
to comply with the City's noise standards are available and include the use of walls, berms,
building insulation, double paned windows, etc.
Traffic - related noise in the project vicinity has the potential to impact the four sub - areas. The
General Plan EIR accounts for noise impacts due to new development under the General Plan
Update. The EIR states that new development, "...would result from adoption of the proposed
General Plan and regional growth would create noise that would affect new and existing
receptors. Most of this noise would be produced by increased traffic on local roads. Many of the
proposed General Plan policies, especially those associated with Goal N -2 (Transportation
Noise) would reduce this impact.i19 The Project is in conformance with the assumptions set forth
in the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Exposure of Persons to or Generation of Excessive Groundborne Vibration or
Groundborne Noise Levels
The General Plan EIR notes that vibration levels during construction that would exceed 72
vibration decibels (VdB) are considered significant. Such an impact would be specific to a
construction site and would be dependent on the types of construction equipment in use and
proximity to sensitive receptors and uses. Where construction activities that generate high levels
of vibration could not be buffered from sensitive receptors and /or uses by approximately 150
feet, the General Plan EIR identifies that a significant impact would occur. With respect to the
four sub - areas, there is a potential for such construction activities to occur under these
conditions. As such, consistent with the findings of the General Plan EIR, such an impact would
be significant. The Project is in conformance with the assumptions set forth in the General Plan
EIR. Therefore, implementation of the Project would not result in any new impacts or increase
the severity of a previously identified significant impact as previously analyzed in the General
Plan EIR.
A Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project
Vicinity above Levels Existing Without the Project
Potential noise impacts are commonly divided into two groups: temporary and long term.
Temporary impacts are usually associated with noise generated by construction activities.
19 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse
No. 2006011119), July 26, 2006, page 4.942.
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Generally, construction noise represents a short-term impact on ambient noise levels. Noise
generated by construction equipment (including trucks, graders, bulldozers, concrete mixers, •
and portable generators) and construction activities can reach high levels. The greatest
construction noise levels are typically generated by heavy construction equipment.
The City's Noise Ordinance exempts construction activities from the noise level limits during
specific hours of the day. Noise - generating construction activities are permitted during the hours
between 7:00 AM and 6:30 PM Monday through Friday, between 8:00 AM to 6:00 PM on
Saturdays, and at no time on Sundays or federal holidays. Compliance with the City's Noise
Ordinance is considered to result in no significant short-term noise impacts.
For A Project Within An Airport Land Use Plan, Or Where Such A Plan Has Not Been
Adopted, Within Two Miles Of A Public Airport Or Public Use Airport, Exposure Of People
Residing Or Working In The Project Area To Excessive Noise Levels
As previously noted, Newport Center, inclusive of the four sub - areas, is located within the
Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the site is not within
the either the AELUP 60 or 65 CNEL Noise Contour, and flight operations would not contribute
significantly to the overall existing noise exposure on the site. No significant impacts on persons
residing or working in the project area are anticipated as a result of project implementation
because land use within the planning area boundaries of the AELUP must conform to noise
standards, safety, and height restriction standards. The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Slqnlficance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to noise impacts related to John Wayne Airport and construction activities could be
mitigated to a level considered less than significant. Groundborne construction vibrations and
long -term exposure to increased noise levels were identified to remain significant and.
unavoidable.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.11 POPULATION AND HOUSING
The following thresholds of significance are as set forth in the General Plan EIR. It states
"...implementation of the proposed project may have a significant adverse impact on population
and housing if it would result in any of the following:
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• Induce substantial population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through the
extension of roads or other infrastructure)
• Displace substantial numbers of existing housing, necessitating the construction
of replacement housing elsewhere
• Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere"
No Substantial Change from Previous Analysis. Population and housing impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Induce Substantial Population Growth in an Area, Either Directly (For Example, By
Proposing New Homes and Businesses) or Indirectly (For Example, Through the
Extension of Roads or Other Infrastructure)
The General Plan EIR finds that implementation of the 2006 General Plan would induce
substantial growth either directly or indirectly. On a citywide basis, residential development
would increase the number of units by 9,549 units (24 percent) over 2002 residential unit counts
with a related population increase of 20,912 residents. These increases would exceed the
Southern California Association of Governments (SCAG) projections. On a citywide basis, the
City's projected population growth was considered significant. On a cumulative basis
(countywide), the General Plan EIR noted that "...the proposed project would not result in
substantial population growth beyond projections, and would not induce substantial population
growth in an area, either directly or indirectly." (See pages 4.10 -5 and -6) Buildout of the 2006
General Plan was found to have a less than significant cumulative contribution to growth in the
County. (See pages 4.10 -6 and -7)
The General Plan EIR analysis was based on a project with 600 units in Newport Center. The
adopted 2006 General Plan allows for the development of 450 residential units within the MU-
H3 designation .20 Of the 450 units, 430 units are proposed for the North Newport PC District.
Residential uses are permitted in Block 500, Block 600, and San Joaquin Plaza. The Project
does not include a request for site - specific development, including any residential development.
As such, the Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
Displace Substantial Numbers of Existing Housing, Necessitating the Construction of
Replacement Housing Elsewhere
Displace Substantial Numbers of People, Necessitating the Construction of Replacement
Housing Elsewhere
The General Plan EIR states that the 2006 General Plan would not displace a substantial
number of existing homes or residents and that no impact would occur. Development on the
20 City of Newport Beach, General Plan, July 25, 2006, page 3 -97.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
four sub -areas would not require the displacement of any existing homes or residents. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, .
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Miti ation Proqram
No policies were identified in the 2006 General Plan to reduce the substantial increase in growth
in the City. Measures were adopted as a mitigation program that minimized impacts associated
with resource impacts with buildout of the City of Newport Beach, including the implementation
of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to population and housing would remain significant and unavoidable.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.12 PUBLIC SERVICES
The following thresholds of significance are as set forth in the General Plan EIR. It identifies that
implementation of the proposed General Plan Update may have a significant adverse impact on
public services if it would result in any of the following:
Result in substantial adverse environmental impacts associated with the
provision of new or physically altered fire or police protection facilities, or schools
or libraries; the need for new or physically altered fire or police protection
facilities, or schools or libraries; the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times, and other performance objectives
No Substantial Change from Previous Analysis. Public service impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
r-I
LJ
R "�Prgeats'Newpw JO1I D.fl AOOeaOum- 110907 dw 3 -28 Environmental Analysis
0
Addendum to City of Newport Beach General Plan 2006 Update EIR
Summary Analvsis
Result in Substantial Adverse Environmental Impacts Associated with the Provision of
New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; the
Need For New or Physically Altered Fire or Police Protection Facilities, or Schools or
Libraries; The Construction of Which Could Cause Significant Environmental Impacts, in
Order to Maintain Acceptable Service Ratios, Response Times, And Other Performance
Objectives
Fire Protection
Fire stations are located throughout the City to provide prompt assistance to area residents.
Each fire station operates within a specific district that comprises the immediate geographical
area around the station. As identified on page 4.11 -3 of the General Plan EIR, Station 3 serves
Newport Center. Station 3 has the following equipment and manpower: one Fire Chief; one fire
engine with one Captain, one Engineer, and one Firefighter; one ladder truck with one Captain,
one Engineer, and one Firefighter; and one paramedic van with two Firefighter Paramedics. The
General Plan EIR states that in 2004, "eight fire stations serving the City of Newport Beach
responded to a total of 8,863 incidents, which results in an average of about 1,107 incidents per
station... These numbers are well within the number of calls recommended by the Insurance
Service Office (ISO) when rating a community for fire insurance rates. Specifically, the ISO
recommends that a second company be put in service in a fire station if that station receives
more than 2,500 calls per year."
The General Plan EIR identifies that implementation of the 2006 General Plan could increase
the demand for fire protection services which could result in the need for additional fire facilities.
Policies of the General Plan require that adequate infrastructure be provided with new
development. As such, the General Plan EIR found that compliance with applicable regulations
and policies of the 2006 General Plan would ensure that project- specific and cumulative impacts
would be less than significant. All new development that would occur under the 2006 General
Plan would be required to comply with all applicable federal, State, and local regulations
governing the provision of fire protection services, including adequate fire access, fire flows, and
number of hydrants. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Police Protection
The General Plan EIR identifies that implementation of the 2006 General Plan could increase
the demand for police protection services which could result in the need for additional police
facilities. The General Plan EIR states that, 'The NBPD provides local police services to the City
of Newport Beach. Centrally located at 870 Santa Barbara Drive, the NBPD provides services in
crime prevention and investigation, community awareness programs, and other services such
as traffic control "21 The EIR also states that the City of Newport Beach currently maintains an
acceptable level of service and there are currently no immediate or near - future plans for
expansion of police facilities, staff, or equipment inventory. Impacts to police services as a result
of General Plan build -out would be less than significant because the "General Plan Update
contains policies to ensure that adequate law enforcement is provided as the City experiences
future development. For example, Policy LU 2.8 ensures that only land uses that can be
adequately supported by the City's Public Services should be accommodated. Compliance with
Z' City of Newport Beach, Final Environmental impact Report for the General Plan 2006 Update, July 26, 2006, page
4.11 -13.
R. Progeds Newport JOI I Draft AWenaum -nOSO7 eoc 3 -29 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
this policy would ensure that adequate service ratios are maintained .,,22 Therefore, adequate
service ratios are currently being provided and would be maintained as a result of General Plan
policies. As such, the General Plan EIR found that compliance with applicable regulations and
policies of the 2006 General Plan would ensure that project- specific and cumulative impacts
would be less than significant. The Project is in conformance with the assumptions set forth in
the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Schools
The Newport-Mesa Unified School District (NMUSD) provides educational services to the City of
Newport Beach. The General Plan EIR identifies that the School District serves the majority of
the City and has 32 public schools including 22 elementary schools, 2 junior high schools, 5
high schools, 2 alternative education centers, and 1 adult school. There are also several private
schools in the City or local area that are available to the City's residents for educational
services. According to NMUSD administrators, current school capacity is adequate. NMUSD
does not currently identify any projected needs.
The General Plan EIR states:
In the City, implementation of the proposed General Plan Update would result in
the construction of approximately 14,215 dwelling units over existing conditions
within the City. The increase in dwelling units would increase enrollment in the
local schools serving Newport Beach. Using California Department of Finance
population projections, and assuming that approximately 20 percent of the
potential increase in population would represent children attending grades K
through 12, implementation of the proposed General Plan Update would result in
an enrollment increase of approximately 6,230 students (3,115 elementary
school students, 1,557 students for middle schools, and 1,558 high school
students) .23
The General Plan EIR identifies that implementation of the 2006 General Plan would likely result
in the construction of new school facilities for NMUSD; these impacts would be less than
significant on a project and cumulative basis.24 The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Library Facilities
The Newport Beach Public Library provides library services and resources to the City of
Newport Beach. The Central Library, which occupies four acres on Avocado Avenue near
Newport Center, is a 15,305 square foot building that serves as a school library as well as a
public library. As stated in the General Plan EIR,
Upon full build -out of the proposed General Plan Update, the population in the
Planning Area would increase by 31,131. This increase in residents would
increase the demand for library services and facilities. Policy LU 2.8 of the
proposed General Plan Update would help ensure that adequate library facilities
22 Ibid., page 4.11 -16.
23 Ibid., page 4.11 -23.
24 Ibid., page 4.11 -24.
R Projeas,Newpon J011'pr it Adoendum•L090I Ooc 3 -30
Addendum to City of Newport Beach General Plan 2006 Update EIR
are provided to the City's residents and that public services can adequately
• support new development... Due to the growing need for electronic resources,
former service standards (e.g., a certain number of volumes per thousand
residents) are no longer appropriate when assessing the needs of the NBPL.
Therefore, increased development in the City does not necessarily immediately
equate to an increase in total volumes or square feet of library space.
The General Plan EIR identifies that the increase in population associated with the 2006
General Plan, inclusive of uses in Fashion Island, Block 500, Block 600, and San Joaquin
Plaza, would not result in a significant impact to library services. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to public services would be less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.13 RECREATION AND OPEN SPACE
The following thresholds of significance are as set forth in the General Plan EIR. It states that'...
implementation of the proposed project may have a significant adverse impact on parks and
recreational facilities if it would result in any of the following:
• Increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated
Include recreational facilities or require the construction or expansion of
recreational facilities that might have an adverse physical effect on the
environment
• Result in substantial adverse physical impacts associated with the provision of
new or physically altered government services, need for new or physically altered
government facilities, the construction of which could cause significant
25 Ibid., page 4.11 -28.
R Pr0Jed5\NeWP0r1%J011 Draft AddeMum- 110907 dm 3 -31 Environmental Analysis
Addendum to City of Newport Beach General Alan 2008 Update Eln
environmental impacts, in order to maintain acceptable service ratios or other
performance objectives for parks
No Substantial Change from Previous Analysis. Park and recreational facility impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Increase the Use of Existing Neighborhood and Regional Parks or Other Recreational
Facilities Such That Substantial Physical Deterioration of the Facility Would Occur or Be
Accelerated
Include Recreational Facilities or Require the Construction or Expansion of Recreational
Facilities That Might Have an Adverse Physical Effect on the Environment
Result in Substantial Adverse Physical Impacts Associated With the Provision of New or
Physically Altered Government Services, Need for New or Physically Altered Government
Facilities, the Construction of Which Could Cause Significant Environmental Impacts, in
Order to Maintain Acceptable Service Ratios or Other Performance Objectives for Parks
The General Plan EIR identifies that the City has a deficiency of approximately 38.8 acres of
park acreage, with 7 of 12 service areas experiencing a deficit of recreational acreage. Newport
Center is in Service Area 9 and has 19 acres of existing parks, an excess of 8.1 acres of parks
over the City standard of 5 acres per 1,000 persons. Page 4.12 -3 of the General Plan EIR
identifies that a planned park in Newport Center "would help alleviate the citywide park deficit'
although Newport Center has a park surplus. The Back Bay View Park was completed in 2005,
and a new passive park, Newport Center Park, is planned for development. The General Plan
EIR states that 'the construction and enhancement of park and recreational facilities and
implementation of the goals and policies proposed in the General Plan would ensure that
increased demand and use resulting from an increase in citywide population would not
sign'rficantly accelerate the deterioration of existing recreational facilities. "2
The General Plan EIR notes the open space benefits that the Applicant has provided through
the Circulation and Improvement and Open Space Agreement ( CIOSA). Page 4.12 -4 states:
Some of the City's parks and open space areas consist of dedicated lands
through the Circulation and Improvement and Open Space Agreement ( CIOSA).
This agreement is between the City of Newport Beach and The Irvine Company,
and has allowed building entitlements for The Irvine Company in exchange for
payments for circulation projects, an interest free loan, and land for open space
and potential senior housing sites for the City. The amount of open space land
dedication was substantially more than what would have been required under the
City's Park Dedication Ordinance.
Six sites have been dedicated under CIOSA in Newport Beach, and include:
Back Bay View Park, Newport Center Park (formerly Newport Village), Newporter
Knoll, Freeway Reservation, Upper Castaways, and Harbor Cove. Another site,
located at Jamboree Road and MacArthur Boulevard, has been offered for •
26 Ibid., page 4.12 -15.
R prge= NewpoRJOn Dran AMeMUM -110907 ppc 3 -32 Environmental Analysis
Addendum to City of !Newport Beach General Plan 2006 Update EIR
dedication and will be dedicated upon issuance of a Certificate of Occupancy for
final CIOSA project.
The Applicant did not implement all of the development that was allowed pursuant to CIOSA,
and provided more park and open space dedication than required for the development that was
completed. Through the Development Agreement, the Project includes cancellation of CIOSA.
The demand for park facilities that would have resulted from unbuilt entitlement in CIOSA would
not be realized.
As with new development projects throughout the City, future development in the four sub -areas
would be required to comply with the 2006 General Plan Update policies on open space.
Through the Development Agreement, the Project includes the payment of park in -lieu fees for
430 residential units, with half the total amount ($5,600,000) to be paid earlier than required.
The General Plan EIR finds that compliance with General Plan Update would result in less than
significant impacts to parks and recreational facilities. These policies include the requirement
that future development dedicate land or pay in -lieu fees at a minimum of 5 acres of parkland
per 1,000 persons, and require the use of funding from the City's Park Dedication Fee
Ordinance to enhance existing parks and recreation facilities (General Plan Update Policies
R1.1 and R2.1).2' General Plan Policy R 1.10 includes three planned parks in West Newport,
Newport Center, and Newport Coast. The Project is in conformance with the assumptions set
forth in the General Plan EIR. Therefore, implementation of the Project would not result in any
new impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Slaniflcance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to parks and recreation facilities would be less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
3.14 TRANSPORTATION/TRAFFIC
The following thresholds of significance areas set forth in the General Plan EIR. it states that'...
implementation of the proposed project may have a significant adverse impact on transportation
or circulation if it would result in any of the following:
• Cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system (i.e., result in a substantial increase in
Z' Ibid.. page 4.12 -17.
R. ProjeOS'Newp0a J01 I'D,ah Mdendum- 110907 d0C 3 -33 Environmental Analysts
Addendum to Cdy of Newport Beach General Plan 2006 Update EIR
either the number of vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections) 0
• Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated roads
or highways
• Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in locations that results in substantial safety risks
• Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)
• Result in inadequate emergency access
• Result in inadequate parking capacity
• Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)"
No Substantial Change from Previous Analysis. Transportation impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and/or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis 0
Cause an Increase in Traffic Which is Substantial In Relation to the Existing Traffic Load
and Capacity of The Street System (i.e., Result In A Substantial Increase in Either the
Number of Vehicle Trips, the Volume to Capacity Ratio on Roads, or Congestion at
Intersections)
The General Plan EIR identifies that implementation of the 2006 General Plan could result in a
substantial increase in the number of vehicle trips, volume to capacity on roadways, and
congestion at intersections when compared to existing conditions in the City. Deficiencies could
also occur at freeway segments and ramps. Volume 1A of the General Plan Final EIR identifies
that the traffic study accounts for use of currently unused development entitlements. On page
4.13 -1 of the General Plan EIR, the traffic analysis assumes buildout of the City, inclusive of
Fashion Island, Block 500, Block 600, and San Joaquin Plaza, consistent with the 2006 General
Plan.
However, improvements are identified in the General Plan Circulation Element to mitigate
citywide impacts to a level that is considered less than significant. However, the City s roadway
system must also accommodate regional cumulative vehicular traffic. With improvements
identified in the Circulation Element, cumulative impacts to intersection operations can be
mitigated to a less than significant level. However, the City's contribution to cumulative impacts
associated with freeway segments and ramps would remain significant and unavoidable.
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has
R Proleds'Newpon`JO11 0rah Addendum- 110907 C. 3 -34 Environmental
9
0
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Addendum to City of Newport Beach General Plan 2006 Update EIR
been prepared pursuant to the Traffic Phasing Ordinance, and 'feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project.
The following provides a summary of the North Newport Center Traffic Phasing Ordinance
Study prepared by Austin -Foust Associates, Inc. in November 2007. The study is included in its
entirety as Appendix A. The Traffic Phasing Ordinance (TPO) traffic study included the analysis
of 40 intersections in the City including 5 intersections on Newport Center Drive using the City's
required TPO procedure. This procedure includes both a one percent test and, where
necessary, an intersection capacity utilization (ICU) analysis.
Consistent with the City's TPO analysis guidelines, the Project is analyzed under short-range
conditions (existing volumes plus a regional growth factor and approved projects) without and
with cumulative projects (i.e., projects reasonably expected to be complete within one year after
project completion which are located within the City of Newport Beach or its Sphere of
Influence).
Trip Generation Distribution and Analysis. The applicable trip rates and incremental trip
generation for the Project is presented in Table 2. The increase in traffic includes a credit for the
removal of existing uses. The Project is forecast to generate a net increase over existing of 348
trips in the AM peak hour, 311 trips in the PM peak hour, and 2,399 daily trips.
TABLE 2
TRIP GENERATION SUMMARY
I
Land Use
Amount
AM Peak Hour
PM Peak Hour
ADT
In
Out
Total
In
Out
Total
TRIP RATES (ITE)
Residential
DU
0.06
0.28
0.34
0.24
0.14
0.38
4.18
Quality Restaurant
TSF
0.66
0.15
0.81
5.02
2.47
7.49
89.95
Shopping Center
TSF
0.19
0.12
0.31
0.77
0.84
1.61
16.79
Office (Regression Eq)a
TSF
0.95
0.13
1.08
0.19
0.93
1.12
7.07
Health Club
TSF
0.51
0.70
1.21
2.07
1.98
4.05
32.93
TRIP GENERATION
Existing Uses to be Removed
Block 600
Quality Restaurant
16.4 TSF
11
2
13
83
41
123
1,479
Office
8.3 TSF
8
1
9
2
8
10
59
Health Club
17.3 TSF
9
12
21
36
34
70
570
Total Credit
-28
.15
-43
.121
-83
-203
-2,108
Proposed Uses
Block 500
Office
205.2 TSF
195
27
222
39
191
230 1,451
Block 600
Residential
430 DU
26
120
146
103
60
163
1,797
Fashion Island
Shopping Center
75.0 TSF
14
9
23
58
63
121
1,259
Total Proposed Trips
235
156
391
200
314
514
4,507
NET INCREASE 207 141 348 79 231 311 2,399
Trip rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and proposed future
(614 TSF) office use, and calculating the rates;based on the square footage increment (206 TSF).
Source: Austin•FOUSt Associates, Inc. 2007
R Projects Newart JOl I'Dratt Addendum l IWW am 3-36 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update ElR
For trip distribution, an internal capture rate of 10 percent was used for residential and retail
uses. This rate was determined based on ITE's recommended procedure and is consistent with
the City's General Plan EIR traffic study, which used a 10 percent capture rate for mixed use
areas. For the office space, a five percent internal capture rate was used.
A separate trip assignment was prepared for each of the three separate uses (retail /shopping
center, residential, and office) in the Project. These assignments, shown by individual uses in
Figures A -1 through A -3 in Appendix A, are as follows:
1. North on MacArthur Boulevard
20 -40 percent
2. North on Jamboree Road
15 -30 percent
3• West on Coast Highway
15 -30 percent
4. East on Coast Highway
10 percent
One Percent Analysis. The results of the TPO One Percent Analysis are presented in Table 3.
This analysis identifies the intersections where the Project adds one percent or more to the
background peak hour volume, in which case a more vigorous capacity analysis is performed.
Opening year for the Project is assumed to be 2009; therefore, the project year for this analysis
is 2010. Table 3 identifies that 39 traffic study area intersections have increases of one percent
or greater of existing -plus- approved or existing -plus- approved - plus - cumulative volumes during
the AM or PM peak hour. As a result, further analysis is required and a peak hour ICU analysis
was conducted for the 39 locations.
TABLE 3
ONE PERCENT ANALYSIS
Intersection
AM Peak Hour
Project Volumes
Peak Hour
es
Ng
SB
EB
WB
w/o
W/CuE lve
1. MacArthur & Campus
8
20
0
0
5No
No
2. MacArthur & Birch
8
20
20
0
No
3. MacArthur & Von Karman
8
20
0
0
No
4. Jamboree & Campus
8
20
0
0
Yes
Yes
5. Jamboree & Birch
8
20
0
0
Yes
Yes
6. MacArthur & Jamboree
8
20
8
20
No
No
7. Bayview & Bristol South (EB)
0
0
32
0
No
No
8. Jamboree &Bristol North (WB)
29
20
0
0
No
No
9. Jamboree & Bristol South (EB)
26
20
31
0
No
No
10. Jamboree & Bayview
30
52
0
0
No
No
11. Jamboree & Eastbluff /University
35
52
0
0
No
No
12. Jamboree & Bison
42
53
0
1
No
No
13. Jamboree & Eastbluff /Ford
42
54
0
0
No
No
14. Jamboree & San Joaquin Hills
0
54
0
42
No
No
15. Jamboree & Santa Barbara
1
0
0
17
No
No
16. Jamboree & Coast Highway
0
17
30
15
No
No
17. MacArthur & Bison
33
61
6
21
No
No
18. MacArthur & Ford /Bonita Canyon
39
80
0
0
No
No
19. MacArthur & San Joaquin Hills
0
82
40
0
No
No
20. MacArthur & San Miguel
1
0
11
7
No
No
21. MacArthur & Coast Highway
0
11
2
19
No
No
1122. Santa Cruz & San Joaquin Hills
35
0
54
7
No
No
H.PrgWs Newport JO l l Dralt Ada.,a.m -i I0 7 doc 3 -36 Environmental Analysis
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Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE 3 (Continued)
ONE PERCENT ANALYSIS
Intersection
AM Peak Hour
Project Volumes
Less Than 1 %of Peak Hour
Volumes
NB
se
EB
WB
w/o Cumulative
w/Cumuladve
23. Santa Rosa 8 San Joaquin Hills
36
0
49
4
No
No
24. San Miguel 8 San Joaquin Hills
0
9
0
0
No
No
25. Avocado 8 San Miguel
49
8
10
9
No
No
26. Balboa/Superior 8 Coast Highway
0
0
11
18
No
No
27. Newport 8 Coast Highway
0
10
11
18
No
No
28. Riverside 8 Coast Highway
0
0
22
26
No
No
29. Tustin 8 Coast Highway
0
0
22
26
No
No
30. Dover /Bayshore 8 Coast Highway
0
9
22
32
No
No
31. Bayside 8 Coast Highway
0
0
31
32
No
No
32. Newport Center 8 Coast Highway
0
9
29
1
No
No
33. Avocado 8 Coast Highway
0
7
28
18
No
No
34. Goldenrod 8 Coast Highway
0
0
14
19
No
No
35. Marguerite 8 Coast Highway
0
0
14
19
No
No
36. Newport Center 8 Santa Barbara
0
0
2
1
No
No
37. Santa Cruz 8 Newport Center
1
2
1 0
0
No
No
38. Newport Center 8 Santa Rosa
6
30
0
0
No
No
39. Newport Center 8 San Miguel
3
17
2
0
No
No
40. Fashion Island 8 Newport Center
0
1
0
10
No
No
Intersection
PM Peak Hour
Project Volumes
Less Than 1 %of
Peak Hour volumes
NB
SB
EB
WB
w/o Cumulative
w/Cumulladve
1. MacArthur 8 Campus
21
6
0
0
No
No
2. MacArthur 8 Birch
21
6
0
0
No
No
3. MacArthur 8 Von Karmen
21
6
0
0
No
No
4. Jamboree 8 Campus
21
6
0
0
Yes
Yes
5. Jamboree 8 Birch
21
6
0
0
No
No
6. MacArthur 8 Jamboree
21
6
21
6
No
No
7. Bayview 8 Bristol South (EB)
0
0
18
0
Yes
Yes
8. Jamboree 8 Bristol North (WB)
58
6
0
0
No
No
9. Jamboree 8 Bristol South (EB)
28
6
15
0
No
No
10. Jamboree 8 Bayview
57
25
0
0
No
No
11. Jamboree 8 Eastbluff /University
59
25
0
2
No
No
12. Jamboree 8 Bison
62
27
0
5
No
No
13. Jamboree 8 Easibluff /Ford
62
32
0
0
No
No
14. Jamboree 8 San Joaquin Hills
0
32
0
62
No
No
15. Jamboree 8 Santa Barbara
6
0
0
5
Yes
Yes
16. Jamboree 8 Coast Highway
0
5
13
31
No
No
17. MacArthur 8 Bison
84
21
3
11
No
No
18. MacArthur 8 Ford/Bonita Canyon
86
28
0
2
No
No
19. MacArthur 8 San Joaquin Hills
0
30
87
0
No
No
20, MacArt hur 8 San Miguel
4
0
9
0
Yes
Yes
21. MacArthur 8 Coast Highway
0
3
15
2
Yes
Yes
22. Santa Cruz 8 San Joaquin Hills
14
0
32
48
No
No
23. Santa Rosa 8 San Joaquin Hills
59
0
10
14
No
No
R Pr oied. Ne wpdrtJO11'DramAddendum- lic9o7nac 3-37 EnvironmenfalAnatysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE 3 (Continued)
ONE PERCENT ANALYSIS
Intersection
AM Peak Hour
Project Volumes
Less Than 1% of Peak Hour
Volumes
NO
SB
EB
WB
w/o Cumulative
w/CumulaUve
24. San Miguel R San Joaquin Hills
6
0
0
0
Yes
Yes
25. Avocado R San Miguel
10
58
1
0
No
No
26. Balboa/Superior R Coast Highway
0
0
8
15
Yes
Yes
27. Newport R Coast Highway
0
4
8
15
Yes
Yes
28. Riverside R Coast Highway
0
0
13
27
Yes
Yes
29. Tustin R Coast Highway
0
0
13
27
No
Yes
30. Dover /Bayshore R Coast Highway
0
1
13
37
No
Yes
31. Bayside R Coast Highway
0
0
13
37
No
No
32. Newport Center R Coast Highway
0
0
7
17
Yes
Yes
33. Avocado R Coast Highway
0
48
2
0
No
No
34. Goldenrod R Coast Highway
0
0
18
2
Yes
Yes
35. Marguerite R Coast Highway
0
0
18
2
No
Yes
36. Newport Center R Santa Barbara
0
0
9
9
No
No
37. Santa Cruz R Newport Center
9
9
0
0
No
No
38. Newport Center R Santa Rosa
26
15
0
0
No
No
39. Newport Center R San Miguel
10
0
16
0
No
No
40. Fashion Island R Newport Center
1
9 1
0
0
No
No
Source: Austin -Foust Associates, Inc., 2007
ICU Analysis. The results of the ICU analysis are presented in Table 4. A significant project
impact is defined as an increase of 0.01 or more in the ICU value at an intersection that reaches
LOS E or F. Examination of the results shows that the Project would result in a significant
impact at three locations under existing - plus - approved - plus - cumulative conditions. These three
locations with their respective with - project ICU values are:
Intersection
AM
Project
increment
PM
Project
Increment
19. MacArthur Boulevard and San Joaquin Hills Road
0.73
0.040
0.93
0.027
34. Goldenrod Avenue and Coast Highway
0.91
0.006
0.85
0.005
34. Marguerite Avenue and Coast Highway
0.98
0.006
0.92
0.006
In summary, the Project would cause three traffic study area locations to exceed the TPO
standard of LOS D. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
The Project would also allow for the transfer of some existing and entitled uses in Block 600 and
replace it with office uses in Block 500. As part of the proposed transfer of uses, the Applicant
and the City wish to reserve 72,000 sf of the office use for a possible new City Hall in Block 500.
The transfer of development rights within Newport Center is allowed in accordance with the City
of Newport Beach General Plan Policy LU 6.14.3 provided the transfer will not result in any
adverse traffic impacts. A Trip Transfer Study was prepared by Austin -Foust Associates, Inc. in
R P,.,Ws NewpOn J011 Draft AOOeAOU- 110907 OOC 338 Environmental Analysis
LJ
I� J
0
Addendum to City of Newport Beach General Plan 2006 Update EIR
November 2007 to examine the conversion and transfer of the entitled uses into equivalent
office uses on the basis of a PM peak hour trip generation equivalency basis. The study is
summarized below and included in Appendix A.
The transfer would allow for existing uses including a health club, restaurant, and office as well
as remaining, but as yet unused entitlement for hotel uses in Block 600, with office use in Block
500. Existing uses in Block 600 equal 42,036 sf of office, restaurant and, health club uses. The
unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 could be
replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall.
The analysis is based upon use of the worst -case PM peak hour trip rates. Rates for the
analysis were taken from the ITE 7h Edition Trip Generation publication. The trips generated by
the uses proposed to be eliminated are presented in Table 5. As indicated, the uses included as
the basis of the proposed transfer are projected to generate 339 PM peak hour trips.
A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of
1.5 trips per 1,000 square feet [TSF]) leaving 231 trips, which can be allocated toward other
uses. These 231 PM peak hour trips equate to 206,0001 sf of office use based on a trip rate of
1.12 trips/TSF. The Project consists of 205,161 sf of office space in Block 500. Therefore, the
total PM peak hour trip generation associated with the converted uses proposed for Block 500
would be 338 trips.
R Proiees Newpon'JO11'Draft Aaeeneum- IT 0907 dor, 3 -39 Environmental Analysis
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Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE 5
CONVERTED USES
In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of
health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak
hour trips. These 339 trips would match the amount of PM peak hour trips projected to be
generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the
proposed transfer of development rights would not result in any adverse traffic impacts. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By
the County Congestion Management Agency for Designated Roads or Highways
The General Plan EIR identifies that all Congestion Management Plan arterials in the City would
continue to operate at acceptable levels of service (LOS E or better) with implementation of the
2006 General Plan. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels
Or A Change In Locations That Results In Substantial Safety Risks
As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John
Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with
the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone.
Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction
or alteration to any building more than 200 feet above ground level. Prior to construction or
alteration of a building more than 200 feet above ground level a Determination of No Hazard
R rroleasNewp nJ011 Oratt ACCenoom-110907 eoc 3 -42 Environmental Analysis
0
PM
PM
Use (Entitled in Block 600)
Peak Hour Rate
Peak Trips
Hotel (195 Rooms) — Unbuilt Entitlement
0.70 (ITE 310)'
136
Family Fitness (17,300° sf) — Existing
4.05 (ITE 492)c
70
Palm Gardens (16,447° sf) — Existing
7.49 (ITE 931)°
123
Eliminated Office (6,789° sf) — Existing
1.12 (ITE 710)0
8
Eliminated Office (1,500 sf) — Existing
1.12 (ITE 710)0
2
Total
339
Use (Proposed in Block 500)
Office (205,161 sf)
1.12 (ITE 71 Of
230
City Hall (72,000 sf)
1.50 (ITE 750)'
108
Total
338
a Hotel (rates applied for each occupied room)
b Per building permit information
c Health Club (rates per TSF)
d Quality Restaurant (rates per TSF)
e Trip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF)
and proposed future (614 TSF) office use,
and calculating the rate based on
the square footage
increment (206 TSF)
f Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip
generation.
Source: Austin -Foust Associates, Inc. 2007
In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of
health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak
hour trips. These 339 trips would match the amount of PM peak hour trips projected to be
generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the
proposed transfer of development rights would not result in any adverse traffic impacts. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By
the County Congestion Management Agency for Designated Roads or Highways
The General Plan EIR identifies that all Congestion Management Plan arterials in the City would
continue to operate at acceptable levels of service (LOS E or better) with implementation of the
2006 General Plan. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels
Or A Change In Locations That Results In Substantial Safety Risks
As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John
Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with
the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone.
Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction
or alteration to any building more than 200 feet above ground level. Prior to construction or
alteration of a building more than 200 feet above ground level a Determination of No Hazard
R rroleasNewp nJ011 Oratt ACCenoom-110907 eoc 3 -42 Environmental Analysis
0
Addendum to City of Newport Beach General Plan 2006 Update Ein
must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding
• that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any
structure above 200 feet will be forwarded to the FAA for their independent analysis. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR. As set
forth in the General Plan EIR, impacts to John Wayne Airport operations with implementation of
the 2006 General Plan are less than significant.
Substantially increase Hazards Due To A Design Feature (e.g., Sharp Curves Or
Dangerous Intersections) Or Incompatible Uses (e.g., Farm Equipment)
The General Plan EIR notes that site - specific projects are not addressed in the 2006 General
Plan. As such, it would speculative to determine if any particular project would be designed in a
manner to cause safety hazards. The General Plan EIR does identify that none of the circulation
improvements identified in the EIR would introduce safety hazards and would not result in
significant impacts. With respect to the four sub - areas, as currently developed areas, it is
expected that future development consistent with the 2006 General Plan would use the existing
roadway system and as such would not cause safety hazards. Any traffic improvements for the
Project are consistent with the assumptions set forth in the General Plan EIR, and as noted
above, would not result in significant impacts. . The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Result in Inadequate Emergency Access
As previously addressed in this Addendum, the General Plan EIR notes that increased
population and development could result in congested traffic conditions. The 2006 General Plan
identifies policies to ensure that the city's Emergency Management Plan is regularly updated,
provides for efficient and orderly citywide evacuation, and ensures that emergency service
personnel are knowledgeable of the relevant response plans for the City. Consistent with the
findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to
emergency access would be less than significant with mitigation. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Result In Inadequate Parking Capacity
The General Plan EIR does not identify Newport Center as an area of the City with limited
parking availability. The North Newport Center Project, as with other projects in the City, would
be required to comply with parking requirements identified in the City's Municipal Code. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Conflict with Adopted Policies, Plans, Or Programs Supporting Alternative
Transportation (e.g., Bus Turnouts, Bicycle Racks)
The 2006 General Plan Circulation Element includes policies related to transportation systems
management, transportation demand management, etc. These policies encourage alternative
modes of transportation. The General Plan EIR notes that implementation of the 2006 General
Plan will not result in significant impacts. The Project is in conformance with the assumptions
R PrGleVs%NewpadJOmDraft AWerdum- 110907dOG 3 -43 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
set forth in the General Plan EIR. Therefore, implementation of the Project would not result in
any new impacts or increase the severity of a previously identified significant impact as
previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
mitigation would also be required for the Project:
At MacArthur Boulevard and San Joaquin Hills Road, the Applicant shall construct a third
eastbound left -turn lane. The intersection would operate at LOS D with the recommended
improvement. This improvement is consistent with the General Plan. Consistent with the
TPO, this improvement will be completed early in the development phasing (i.e., before
issuance of a certificate of occupancy for the first building [other than a parking structure])
constructed as part of the Project, but in no event later than 60 months from the operative
date of the Development Agreement.
2. The Applicant shall work with the City on design and development of circulation
enhancements in the North Newport Center area, consistent with the General Plan
Circulation Element, including widening of Avocado Avenue between San Miguel Drive
and San Nicolas Drive, dedication of public right -of -way and enhancement of San Miguel
Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic
signals on Newport Center Drive.
Level of Significance After Mitigation
At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite
Avenue at Coast Highway), there are no feasible improvements available, a fact which has been
recognized and accepted in the 2006 General Plan and General Plan EIR which accepts LOS E
at these two intersections. Consistent with the findings of the General Plan EIR, the General
Plan EIR identifies that traffic impacts related to intersections, Congestion Management Plan
arterials, air traffic patterns, design hazards, emergency access, and parking would be less than
significant with mitigation. No feasible mitigation has been identified in the General Plan EIR to
reduce impacts to freeway mainlines and ramps; this impact remains significant and
unavoidable.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
0
J01 roran A dwdum- 11090] dw 3 -44 Environmental Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
3.15 UTILITIES AND SERVICE SYSTEMS
The following thresholds of significance are as set forth in the General Plan EIR. It identifies that
implementation of the proposed General Plan Update may have a significant adverse impact on
utilities and service systems if it would result in any of the following:
• Require or result in the construction and /or expansion of water supply or
wastewater facilities, or new energy or natural gas production or transmission
facilities, the construction of which could cause significant environmental impacts
• Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new and expanded entitlements needed
• Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board
• Would the project be served by a landfill with insufficient permitted capacity to
accommodate the project's solid waste disposal needs
• Would the project fail to comply with applicable federal, State, and local statutes
and regulations related to solid waste
No Substantial Change from Previous Analysis. Utility and service system impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Require or Result in the Construction and/or Expansion of Water Supply or Wastewater
Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the
Construction of Which Could Cause Significant Environmental Impacts
Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements
and Resources, or Are New and Expanded Entitlements Needed
Water Supply and Treatment
The General Plan EIR notes that buildout of the 2006 General Plan could require the
construction of new and /or expanded water treatment plants or water conveyance systems, and
that water demand may exceed existing water entitlements.
Three sources provide water service to the City of Newport Beach: the City, Irvine Ranch Water
District (IRWD), and Mesa Consolidated Water District (MCWD). Water supplied by the City is
purchased from two sources. Groundwater is purchased from the Orange County Water District
(OCWD) and imported water is purchased from the Metropolitan Water District of Orange
County (MWDOC). The water supply assessment conducted for the General Plan EIR assumed
full buildout of the 2006 General Plan land uses, inclusive of Fashion Island, Block 500, Block
600, and San Joaquin Plaza. Page 4.14 -20 of the General Plan EIR states:
is MWDOC, the City's provider of imported water, IRWD, and Mesa have each
indicated they can accommodate the additional demand from the proposed
General Plan Update in addition to future growth assumed in the respective
R PIORCa'N..POn X11 0ra0 Aldendum910907 me 3 -45 Environmental Analysis
Addendum to City of Newport Beach General Alan 2006 Update EIR
UWMPs [Urban Water Management Plans]. In addition, the implementation of
conservation measures would be required on a project- specific basis and water .
shortage contingency plans would further reduce additional water demand.
Finally, future development is required to adhere to Section 10910 of the
California Water Code. Therefore, the cumulative impact to water supply would
be less than significant.
In addition to MWDOC, IRWD and Mesa, OCWD projects that there would be sufficient
groundwater supplies to meet any future demand requirements in Newport Beach.28 The
General Plan EIR concluded that there is sufficient water supply to meet the needs of the City.
The General Plan EIR also addressed potential affects of new development on groundwater
supplies and concluded that impacts will be less than significant due to conservation policies in
the 2006 General Plan. The City's Water Supply Plan accounted for the demand associated
with buildout of the 2006 General Plan land uses. The 2006 General Plan includes policies to
conserve water and reduce potential impacts to groundwater supply.
Citywide, projects inclusive of development in the four sub -areas are required to comply with the
City's fair share requirements and with General Plan Update policies on water conservation.
Compliance makes impacts less than significant. The General Plan EIR states: "...any request
for service resulting from new development would be subject to a site - specific evaluation of the
existing water system's capacity to service the development. If improvements to the existing
water system are required or additional facilities are needed, the property developer would be
required to pay its fair share of the cost of all or portions of the needed improvements'
General Plan Update goals and policies promote water conservation and limit water
consumption. As such, impacts were found to be less than significant. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
The General Plan EIR states that:
Additional development accommodated under the proposed General Plan
Update would increase water use within the City, thus increasing the need for
water treatment services... [the Metropolitan Water District] MWD can meet 100
percent of the Citys imported water needs until the year 2030 ... any request for
service resulting from new development would be subject to a site - specific
evaluation of the existing water system's capacity to service the development. If
improvements to the existing water system are required or additional facilities are
needed, the property developer would be required to pay its fair share of the cost
of all or portions of the needed improvements 30
Impacts of the proposed project would be less than significant because General Plan Update
Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by
infrastructure, including water treatment and conveyance facilities. As such, adequate water
infrastructure would be provided for all development assumed in the 2006 General Plan,
inclusive of the four sub - areas. The General Plan EIR finds that "...because future development
under the proposed General Plan Update would be required to adhere to existing regulations
and the proposed policies identified above, no impact would result." (See 4.14 -30) The Project
28 ibid., page 4.14 -8. .
29Ibid., page 4.14 -17.
30 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page
4.14 -17.
R Praled5 Newppd J01 r Drafl Addendum 11 0907 dpc 3 -46 Environmental Analysis
Addendum to City of Newport Beach General Alan 2006 Update EIR
is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
10 implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR,
Natural Gas
CJ
Southern California Gas Company (SCGC) provides natural gas service for the City of Newport
Beach. The General Plan EIR states:
Any expansion of service necessitated by implementation of the proposed
General Plan Update would be in accordance with SCGC's policies and
extension rules on file with the California Public Utilities Commission at the time
contractual agreements are made. Because the natural gas demand projected
for the proposed General Plan Update would not exceed available or planned
supply, new infrastructure would not be required to serve the proposed project.
Therefore, no impact would result.31
The Project is expected not to have a significant impact on natural gas supplies because natural
gas demand projected for General Plan buildout, inclusive of the four sub - areas, would not
exceed available or planned supply and because new infrastructure would not be needed to
serve the four sub - areas. The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Exceed Wastewater Treatment Requirements of the Applicable Regional Water Quality
Control Board
Require or Result in the Construction and/or Expansion of Water Supply or Wastewater
Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the
Construction of Which Could Cause Significant Environmental Impacts
Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements
and Resources, or Are New and Expanded Entitlements Needed
Sewer Systems
Wastewater from the City's sewer system is treated by the Orange County Sanitation District
(OCSD). The General Plan EIR identifies that a majority of the City's sewage flow is pumped to
the OCSD Plant No. 2; flows from the portion of the City north of the Corona del Mar Freeway
(State Rout 73) are pumped to Plant No. 1. The General Plan EIR states:
...policies under the proposed General Plan Update require the renovation of all
older sewer pump stations and the installation of new plumbing according to
most recent standards, and implementation of the Sewer System Management
Plan and Sewer Master Plan. Implementation of the proposed General Plan
Update policies requires adequate wastewater facilities and conveyance systems
to be available to the City residents. Therefore, impacts to the wastewater
treatment facilities associated with increased growth in the City would be less
than significant.32
31 Ibid., page 4.14.50.
32 Ibid., page 4.14 -32.
R ProfedsNeMOMdA11 Draft AddeMum I I W07,doc 3.47 Environmental Analysis
Addendum to City of Newport Beach General Alan 2006 Update EIR
Impacts from implementation of the 2006 General Plan, inclusive of the Project, are expected to
have a less than significant impact to sewer systems because implementation of the Sewer
System Management Plan and Sewer Master Plan, in conjunction with General Plan policies
relating to sewer systems, would reduce impacts to a less than significant level. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
Would the Project be Served by a Landfill with Insufficient Permitted Capacity to
Accommodate the Project's Solid Waste Disposal Needs
Would the Project Fail to Comply With Applicable Federal, State, and Local Statutes and
Regulatlons Related to Solid Waste
Solid Waste Disposal
As noted in the General Plan EIR, the Frank R. Bowerman Sanitary Landfill serves the City, and
states:
The increase in solid waste generated by the development under the proposed
General Plan Update would not exceed capacity of the landfill. In addition, AB
939 mandates the reduction of solid waste disposal in landfills. Consequently,
this analysis assumes a worst -case scenario, as it is anticipated that at least
approximately 50 percent of the estimated increase in solid waste generation
could be diverted (or approximately 10,830 tonslyear). Therefore, the Frank R.
Bowerman Sanitary Landfill would have sufficient capacity to serve the increased
development within the City under the proposed General Plan Update 33
Citywide buildout under the 2006 General Plan assumptions would not have an impact on solid
waste generation or disposal at the Bowerman Landfill. However, on a cumulative basis, the
General Plan EIR "without approved specific plans for substantial expansion of the landfill
facilities that serve the County, solid waste generation from approved and foreseeable
cumulative prop ects in the project area vicinity would exacerbate regional landfill capacity issues
in the future: Cumulative impacts are considered significant and unavoidable. The Project is
in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that all
utility and service system impacts can be mitigated to a level of less than significant with the
exception of cumulative impacts to landfill capacity; this impact remains significant and
unavoidable.
a Ibid., page 4.14.44.
34 Ibid., page 4.14.45.
R .Projeds NewMaQ01 rDran Addendum.11M7 dog 3-48
Analysis
Addendum to City of Newport Beach General Plan 2006 Update EIR
Findinq of Consistencv With General Plan EIR
Is Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project, no substantial changes
would occur which would require major revisions to the General Plan EIR, and no new
information of substantial importance has been revealed since the certification of the General
Plan EIR.
11
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R Prod MNewpon JOl l`Drafl Md ndum -IIN07 4oa 3 -49 Environmental Analysis
0
APPENDIX A
TRAFFIC STUDIES
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FINAL
City of Newport Beach
NEWPORT CENTER TRIP TRANSFER
TRAFFIC STUDY
Prepared by:
Austin -Foust Associates, Inc.
2223 Wellington Avenue, Suite 300
Santa Ana, California 92701 -3161
(714) 667 -0496
November 7, 2007
. City of Newport Beach
NEWPORT CENTER TRIP TRANSFER
TRAFFIC STUDY
As part of the proposed North Newport Center Project, The Irvine Company is proposing to
remove some existing and entitled uses in Block 600 and replace them with office uses in Block 500. As
part of the proposed transfer of uses, The Irvine Company and the City wish to reserve 72,000 square feet
of the converted uses for a new City Hall building in Block 500. The transfer of development rights
within Newport Center is allowed in accordance with the City of Newport Beach General Plan Policy LU
6.14.3 provided the transfer will not result in any adverse traffic impacts. Austin -Foust Associates, Inc.
(AFA) examined the conversion and transfer of the entitled uses into equivalent office uses on the basis of
a PM peak hour trip generation equivalency basis.
ANALYSIS
The transfer involves existing uses including a health club, restaurant, and office as well as
remaining, but as yet unused entitlement for hotel uses in Block 600, which will be replaced by office use
in Block 500. The existing uses in Block 600 amount to 42,036 square feet (sf) of office, restaurant and
health club uses. The unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block
600 are to be replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall.
The analysis is based upon use of the worst case PM peak hour trip rates. Rates for the analysis
were taken from ITE's 7h Edition Trip Generation publication. The trips generated by the uses proposed
to be eliminated are calculated in Table 1. As indicated, the uses included as the basis of the proposed
transfer are projected to generate 339 PM peak hour trips.
A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of 1.5
trips per thousand square feet) leaving 231 trips, which can be allocated toward other uses. These 231
PM peak hour trips equate to 206,000± sf of office use based on a trip rate of 1.12 trips/TSF. The
proposed project consists of 205,161 sf of office space in Block 500. Therefore, the total PM peak hour
trip generation associated with the converted uses proposed for Block 500 would be 338 trips.
Newport Center Trip Transfer I At�tin -Foust Associates, Inc.
'I'ra is Snidy 017080rpi.dac
Table I
CONVERTED USES
PM
PM
Use Entitled in Block 600 Peak Honr Rate
Peak Tri s
Hotel 195 Rooms) — nbuilt Entitlement
0.70 ITE 310 '
136
Famil Fitness 17,300* -A
4.05 ITE 492'
70
Palm Gardens 16,447* s — Existin
7.49 ITE 931
123
Eliminated Office 6,789* s — Existin
1.12 ITE 710 4
8
Eliminated Office 1,500 s — Existin
1.12 ITE 710 4
2
TOTAL
339
Use jProposed in Block 500
Office 205,161 s 1.12 ITE 710 4
230
Ci Hall 72,000 s 1.50 ITE 750 4
108
TOTAL
338
* Per building permit information.
' Hotel (rates applied for each occupied room)
'Health Club (rates per TSF)
3 Quality Restaurant (rates per TSF)
4 Trip rate per TSF determined from applying the ITE office regression
equation to
the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the
rate based on the square footage increment (206 TSF)
5 Closest ITE rate (in both function and magnitude) to match the GP
assumption for
City Hall trip generation.
Newport Center Trip'1'mnsfcr ? Auatin-Foul Asurciates. Inc.
Trat}ic SNdy
017080rpt.doc
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• CONCLUSION
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9
In summary, it is concluded that the currently entitled uses in Block 600 Newport Center (i.e.,
195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500
equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips
projected to be generated by a new 72,000 sf City Halt plus another 205,161 sf of office use. Therefore,
the proposed transfer of development rights will not result in any adverse traffic impacts.
Newport ('enter Trip Transfer 3 Austin -Foust Assuciates. Inc.
'fratfic Study 017080rpt.doc
FINAL
City of Newport Beach
NORTH NEWPORT CENTER
TRAFFIC PHASING ORDINANCE TRAFFIC STUDY
Prepared by:
Austin -Foust Associates, Inc.
2223 Wellington Avenue, Suite 300
Santa Ana, California 92701 -3161
(714) 667 -0496
November 6, 2007
J
•
NORTH NEWPORT CENTER
TRAFFIC PHASING ORDINANCE TRAFFIC STUDY
A project comprised of 430 residential dwelling units in Block 600, 205,161 square feet (sf) of
office space in Block 500, and 75,000 sf of retail shopping center space in Fashion Island is proposed
within Newport Center. In addition, a total of 42,036 sf of existing office, restaurant, and health club uses
will be removed from Block 600.
ANALYSIS
A Traffic Phasing Ordinance (TPO) traffic study was conducted for the proposed project. A total
of 40 intersections within the City including five intersections on Newport Center Drive (the interior ring
road around Fashion Island) were examined using the City's required TPO procedure. This procedure
includes both a one percent test and, where necessary, an intersection capacity utilization (ICU) analysis.
Consistent with the City's TPO analysis guidelines, the project is analyzed under short-range
conditions (existing volumes plus a regional growth factor and approved projects) without and with
cumulative projects (i.e., projects reasonably expected to be complete within one year after project
completion which are located within the City of Newport Beach or its sphere of influence).
Trip Generation Distribution and Analysis
The applicable trip rates and incremental trip generation for the proposed project is presented in
Table 1. The increase in traffic includes a credit for the proposed removals of existing uses. The
proposed project is forecast to generate a net increase over existing of 348 trips in the AM peak hour, 31 t
trips in the PM peak hour, and 2,399 trips daily.
For trip distribution, an internal capture rate of 10 percent was utilized for the residential and
retail uses. This rate was determined based on ITE's recommended procedure (see calculations in
Appendix) and is consistent with the City's General Plan traffic study, which also utilizes 10 percent for
mixed use areas. For the office space, a five percent internal capture rate was utilized.
North Newport Center I Austin -Foust Associates. Inc.
Traffic Phasing Ordinance' I'raHic Study 017080tpo.doc
North Ncwpun C'cnicr 2 Au.,on -Foust Assoeiales, Inc.
'1'raftic Phasing ONtuunec'rntfic Study 0 17001p due
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Table 1
TRIP GENERATION SUMMARY
Land Use
Amount
In
AM Peak Hour
Out Total
PM Peak Hour
ADT
In Out Total
TRIP RATES ITE
Residential
DU
0.06
0.28
0.34
0.24
.0.14
0.38
4.18
Quality Restaurant
TSF
0.66
0.15
0.81
5.02
2.47
7.49
89.95
Shopping Center
TSF
0.19
0.12
0.31
0.77
0.84
1.61
16.79
Office (Regression E *
TSF
0.95
0.13
1.08
0.19
0.93
1.12
7.07
Health Club
TSF
0.51
0.70
1.21
2.07
1.98
4.05
32.93
TRIP GENERATION
Existing Uses to be Removed
Block 600
Quality Restaurant
16.4 TSF
11
2
13
83
41
123
1,479
Office
8.3 TSF
8
1
9
2
8
10
59
Health Club
17.3 TSF
9
12
21
36
34
70
570
Total Credit
-28
-15
-43
-121
-83
-203
-2,108
Proposed Uses
Block 500
Office
1205.2 TSF
195
27
222
39
191
230
1,451
Block 600
Residential
430 DU
26
120
146
103
60
163
1,797
Fashion Island
Shopping Ctr
75.0 TSF
14
9
23
58
63
121
1 259
Total Proposed Trips
235
156
391
200
314
514
4,507
NETINCREASE
207
141
348
79
231 J7311
2,399
* Trip rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and
proposed future (614 TSF) office use, and calculating the rates based on the square footage increment (206 TSF).
North Ncwpun C'cnicr 2 Au.,on -Foust Assoeiales, Inc.
'1'raftic Phasing ONtuunec'rntfic Study 0 17001p due
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A separate trip assignment was prepared for each of the three separate uses (retail/shopping
center, residential, and office) in the proposed project.
These assignments, shown by individual uses in Figures A -1 through A -3 in the Appendix, are
basically as follows:
1. North on MacArthur Boulevard 20-40 percent
2. North on Jamboree Road 15 -30 percent
3. West on Coast Highway 15 -30 percent
4. East on Coast Highway 10 percent
One Percent Analysis
The results of the TPO One Percent Analysis are listed in Table 2. This analysis identifies the
intersections where the project adds one percent or more to the background peak hour volume, in which
case a more vigorous capacity analysis is performed. Opening year for the project is assumed to be 2009;
therefore, the project year for this analysis is 2010. Examination of Table 2 reveals that 39 study
intersections showed increases of one percent or greater of existing -plus- approved or existing -plus-
approved- plus - cumulative volumes during the AM or PM peak hour. As a result, further analysis is
required and a peak hour ICU analysis was conducted for the 39 locations.
ICU Analysis
The results of the ICU analysis are presented in Table 3. A significant project impact is defined
as an increase of .01 or more in the ICU value at an intersection that reaches LOS "E" or "F ".
Examination of the results shows that the project causes a significant impact at three locations under
existing -plus- approved - plus - cumulative conditions. These three locations with their respective with -
project ICU values are:
Intersection
AM
Project
Increment
PM
Project
Increment
19. MacArthur Boulevard and San Joaquin Hills Road
.73
.040
.93
.027
34. Goldenrod Avenue and Coast Highway
.91
.006
.85
.005
34. Marguerite Avenue and Coast I li hwa
.98
.006
.92
.006
Nunh N %Ton Center 3 Atwin -Foust Asm,dates. Inv.
'I'mniv Phasing Ordinnnve rmtfiv Study 0 I 7080tpa.da
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'1'raftic pha.ing Ordinancc'I raRic SnWy ; Auatin -Fouxt . \sucmta. Inc.
1117080tpo.dtx
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Table 2 (Cont.)
SUMMARY OF ONE PERCENT ANALYSIS
Intersection
PM Peak Hour
Project Volumes
Less Than 1% of
Peak Hour Volumes
NB
SB
Ell)
WB
w/o Cumulative
w /Cumulative
1. MacArthur & Campus
21
6
0
0
No
No
2. MacArthur & Birch
21
6
0
0
No
No
3. MacArthur & Von Karman
21
6
0
0
No
No
4. Jamboree & Campus
21
6
0
0
Yes
Yes
5. Jamboree & Birch
21
6
0
0
No
No
6. MacArthur & Jamboree
21
6
21
6
No
No
7. Bayview & Bristol South (EB )
0
0
18
0
Yes
Yes
8. Jamboree & Bristol North (WB)
58
6
0
0
No
No
9. Jamboree & Bristol South (EB)
28
6
15
0
No
No
10. Jamboree & Bayview
57
25
0
0
No
No
11. Jamboree & Eastbluff/University
59
25
0
2
No
No
12. Jamboree & Bison
62
27
0
5
No
No
13. Jamboree & Eastbluff /Ford
62
32
0
0
No
No
14. Jamboree & San Joaquin Hills
0
32
0
62
No
No
15. Jamboree & Santa Barbara
6
0
0
5
Yes
Yes
16. Jamboree & Coast Highway
0
5
13
31
No
No
17. MacArthur & Bison
84
21
3
11
No
No
18. MacArthur & Ford/Bonita Canyon
86
28
0
2
No
No
19. MacArthur & San Joaquin Hills
0
30
87
0
No
No
20. MacArthur & San Mi el
4
0
9
0
Yes
Yes
21. MacArthur & Coast Highway
0
3
15
2
Yes
Yes
22. Santa Cruz & San Joaquin Hills
14
0
32
48
No
No
23. Santa Rosa & San Joaquin Hills
59
0
10
14
No
No
24. San Miguel & San Joaquin Hills
6
0
0
0
Yes
Yes
25. Avocado & San Miguel
10
1 58
1
0
No
No
26. Balboa/Superior & Coast Highway
0
0
8
15
Yes
Yes
27. Newport & Coast Highway
0
4
8
15
Yes
Yes
28. Riverside & Coast Highway
0
0
13
27
Yes
Yes
29. Tustin & Coast Highway
0
0
13
27
No
Yes
30. Dover/Bayshorc & Coast Highway
0
1
13
37
No
Yes
31. Ba side & Coast Highway
0
0
13
37
No
No
32. Newport Center & Coast Highway
0
0
7
17
Yes
Yes
33. Avocado & Coast Highway
0
48
2
0
No
No
34. Goldenrod & Coast Hi hwa
0
0
18
2
Yes
Yes
35. Marguerite & Coast Hi hwa
0
0
18
2
No
Yes
36. Newport Center & Santa Barbara
0
0
9
9
No
No
37. Santa Cruz & Newport Center
9
9
0
0
No
No
38. Newport Center & Santa Rosa
26
15
0
0
No
No
39. Newport Center & San Mi guel
10
0
16
0
No
No
40. Fashion Island & Newport Center
1
9
0
0
No
No
North Newport ('enter
1'ruftic Phasing Ordinance 'I'raBic Study
.Austin -Foust Associates. Inc.
017090tpa.doc
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CONCLUSION i
In summary, it is concluded that the project causes three study locations to exceed the TPO
standard of LOS "D ". At MacArthur Boulevard and San Joaquin Hills Road, the addition of a third
eastbound left-turn lane is recommended as mitigation. The intersection will operate at LOS "D" with the
recommended improvement. This improvement is consistent with the General Plan.
At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite
Avenue at Coast Highway), there are no feasible improvements available, a fact which has been
recognized and accepted in the General Plan which accepts LOS "E" at these two intersections.
The intersections along Newport Center Drive currently operate at LOS "A" during the AM and
PM peak hours. With the addition of project traffic, these intersections will continue to operate at LOS
"A"
0
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North Neu port Center 8
'I ra is Phamng Ordinance '1'I nrtic Study Auatin -Fnuu \suuiates. Inc.
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North Newport Center
'I mf is Phasmy, Ordinance (raffle Study
APPENDIX A
Ass.xiaics, Inc.
0170M(Itpu.duc
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Table A -I
APPROVED AND CUMULATIVE PROJECTS SUMMARY
Approved Projects
Fashion Island Expansion
Newport Lexus
Tem lebat Yahm Expansion
Birch Medical Office Complex
Ford Redevelopment
Saafar Fine Indian Cuisine
CIOSA — Irvine Project
St. Mark Presbyterian Church
Ne ort Dunes
St. Andrews Presbyterian Church
1401 Dove Street
Corporate Plaza West
494/496 Old Newport Boulevard
Manner's Mile Gateway
401 Old Newport Boulevard
Land Rover NB Service Center
Newport Technology Center
OL A Church Expansion
1901 Westcliff Surgical Center
2300 Newport Boulevard
Hoa& Hos ital Phase III
Cumulative Projects
Mariners Church
Ne ort Ridge
Exodus Community Center and Tarbut V'Torah Ex ansion
Hoa Health Center
Newport Coast
Nonh Newport Caner
'1'rafic Phasing Ordinance Traffic Swdy
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Ausiin -Foust Associaics. Inc.
017090ipoAoc
Figure A -1
GENERAL PROJECT DISTRIBUTION
RESIDENTIAL
Newport Center Development A_g
Traffic Phasing Ordinance Traffic Study Austin -Foust Associates, Inc.
OI7080tpoFigA -Ldwg
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Figure A -2
GENERAL PROJECT DISTRIBUTION
- RETAIL
Newport Center Development A -4 Austin -Foust Associates, Inc.
Traffic Phasing Ordinance Traffic Study 017080tpoFigA -2.dwg
Figure A -3
GENERAL PROJECT DISTRIBUTION
OFFICE
Newport Center Development A -5
Traffic Phasing Ordinance Traffic Study Austin -Foust Associates, Inc.
017080tpoFigA -3.dwg
0
•
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
1 -6
1% Traffic Volume Analysis
0
Intersection: 1. MacArthur & Campus
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
I% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM-PEAKPERIOD
Northbound
1000 40 16 0 1056
11
8
Southbound 1478 s9 25 0 1562
16
20
Eastbound
1323 0 10 0 1333
13
0
Westbound
368 0 2 0 370
4
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Pm PEAK .EERIOD
Northbound
1361 54 30 0 1445
14
21
Southbound
1905 76 26 0 2007
20
6
Eastbound
993 0 5 0 998
10
0
Westbound
1367 0 6 0 1373
14
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
1 -6
I% Traffic Volume Analysis
Intersection: 2. MacArthur& Birch
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Direction Volume Volume Volume Volume Volume
I% of Projected Project
Peak 1 Hour Peak 1 Hour
Volume Volume
AM PEAK PERIOD
Northbound 1892 57 11 0 1960
20 8
Southbound 1094 33 26 0 1153
12 20
Eastbound 554 0 7 0 561
6 p
Westbound 232 0 0 0 232
2 0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 1318 40 17 0 1375
14 21
Southbound 2306 69 28 0 2403
24 6
Eastbound 525 0 14 0 539
5 0
Westbound 937 0 2 0 939
9 0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be I% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -7
FULL OCCUPANCY YEAR: 2010
o d
lie
Westbound 899 0 8 0 907
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 How Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -s
9 0
FULL OCCUPANCY YEAR: 2010
1 % Traffic Volume Analysis
Intersection: 3. MacArthur & Von Kaman
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 % of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM-PEAK PERIOD
Northbound
1903 76 9 0
1988
20
8
Southbound
627 25 14 0
666
7
20
Eastbound
155 0 5 0
160
2
0
Westbound
302 0 3 0
305
3
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1014 41 16 0
1071
11
21
Southbound
1097 44 18 0
1159
12
6
Eastbound
640 0 15 0
655
7
0
lie
Westbound 899 0 8 0 907
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 How Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -s
9 0
FULL OCCUPANCY YEAR: 2010
Westbound 769 0 5 0 774
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -9
a 0
FULL OCCUPANCY YEAR: 2010
r
1% Traffic Volume Analysis
Intersection: 4. Jamboree & Campus
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Pen4 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
"Ume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERrOn
Nonncound
1520 61 26 0
1607
16
8
Southbound
85 46 0
2265
23
20
Eastbound
290 0 4 0
294
3
0
Westbc % ;"
45 0 3 0
848
8
0
= =>
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection C 4city Utilization (ICU) Analysis is required.
PM PEAKPERIOD
Northbound
2025 81 45 0
2151
22
21
Southbound
2413 97 42 0
2552
26
6
Eastbound
1086 0 2 0
1088
11
0
Westbound 769 0 5 0 774
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -9
a 0
FULL OCCUPANCY YEAR: 2010
r
Westbound 7 0 0 0 7
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
Southbound
0 0
1844
74
52
1% Traffic Volume Analysis
1970
20
21
2346
94
45
0
2485
25
6
Intersection: S. Jamboree & Birch
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
1 %of projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1648
66 28 0
1742
17
8
Southbound
2051
82 57 0
2190
22
20
Eastbound
194
0 0 0
194
2
0
Westbound 7 0 0 0 7
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
Southbound
0 0
1844
74
52
0
1970
20
21
2346
94
45
0
2485
25
6
Eastbound 509 0 1 0 510 5 0
Westbound 14 0 0 0 14 0 0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
•
A -m
FULL OCCUPANCY YEAR: 2010
1% Traffic Volume Analysis
Intersection: 6. MacArthur & Jamboree
•
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Direction Volume Volume Volume Volume Volume
1% of Projected
Peak 1 Hour
Volume
Project
Peak 1 Hour
Volume
AM PEAK PERIOD
Northbound 1648 49 28 D 1725
17
6
Southbound 2D51 62 42 D 2155
22
2D
Eastbound 194 6 35 D 235
2
8
Wes Wound 7 D 56 D 63
1
2D
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 1844 55 36 0 1935
19
21
Southbound 2346 70 77 0 2493
25
6
Eastbound 509 15 47 0 571
6
21
Westbound 14 0 45 0 59
1
6
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
91
A -II
1r
u
A -12
I % Traffic Volume Analysis
Intersection: 7. Bayview & Bristol South (ES)
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
480 0 0 0 480
5
0
Southbound 0 0 0 0 0
0
0
Eastbound
3107 0 78 0 3185
32
32
Westbound
0 0 0 0 0
0
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
641 0 0 0 641
6
0
Southbound
0 0 0 0 0
0
0
Eastbound
3057 0 80 0 3137
31
18
Westbound
0 0 0 0 0
0
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
1r
u
A -12
Westbound 0 0 0 0 0
0
1 Traffic Volume Analysis
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour Traffic Volume.
•
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection: 8. Jamboree & Bristol North (WB)
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Existing Traffic Volumes Based on Average Winter /Spring
2006
30
58
Southbound 1971 79 54 0 2104
21
Peak 1 Hour Approved Cumulative
Eastbound 0 0 0 0 0
0
0
Westhound 0 0 0 0 0
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
3370
135 52 0
3557
36
29
Southbound
1050
42 51 0
1143
11
20
Eastbound
0
0 0 0
0
0
0
Westbound 0 0 0 0 0
0
0
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 2849 114 70 0 3033
30
58
Southbound 1971 79 54 0 2104
21
6
Eastbound 0 0 0 0 0
0
0
Westhound 0 0 0 0 0
0
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -13
FULL OCCUPANCY YEAR: 2010
•�
•
1r
u
-14
1% Traffic Volume Analysis
Intersection: 9. Jamboree & Bristol South (EB)
Existing Traffic Volumes Based on Average Winter/Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
11% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 2187 87 75 0 2349
23
26
Southbound 675 27 51 0 753
8
20
Eastbound 2831 0 78 0 2909
29
31
Westbound 0 0 0 0 0
0
0
Project AM Traffic is estimated to be less than 1 %of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 1958 78 118 0 2154
22
28
Southbound 1241 50 52 0 1343
13
6
Eastbound 3273 0 80 0 3353
34
15
Westbound 0 0 0 0 0
0
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
1r
u
-14
I% Traffic Volume Analysis
Intersection: 10. Jamboree & Bayview
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1935 58 75 0 2068
21
30
Southbound 2006 60 51 0 2117
21
52
Eastbound 88 0 0 0 88
1
0
Westbound 100 0 0 0 100
1
0.
I
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 1758 53 118 0 1929
19
57
Southbound 2383 71 52 0 2506
25
25
Eastbound 399 0 0 0 399
4
0
Westbound 170 0 0 0 170
2
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis Is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
•
A -IS
.
1 % Traffic Volume Analysis
Intersection: 11. Jamboree & Eastbluff /University,
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERLO4
Northbound
1718 52 70 0
1840
18
35
Southbound
1669 50 113 0
1832
18
52
Eastbound
534 0 1 0
535
5
0
Westbound
618 0 5 0
623
6
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1678 50 123 0
1851
19
59
Southbound
2477 74 109 0
2660
27
25
Eastbound
351 0 0 0
351
4
0
Westbound 438 0 10 0 448
Project PM Traffic is estimated to be less than 11% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
4 2
FULL OCCUPANCY YEAR: 2010
A -16
1% Traffic Volume Analysis
.
Intersection: 12, Jamboree 8 Bison
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1547 46 60 0 1653
17
42
Southbound 1993 60 105 0 2158
22
53
Eastbound 187 0 0 0 187
2
0
Westbound 319 0 5 0 324
3
1
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required,
PM PEAK PERIOD
Northbound 1807 54 108 0 1969
20
62
Southbound 2302 69 107 0 2478
25
27
Eastbound 102 0 1 0 103
1
0
Westbound 464 0 6 0 470
5
5
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis Is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
•
A -17
r -I
`.-A
A -1%
1% Traffic Volume Analysis
Intersection: 13. Jamboree S Eastbluff/Ford
Existing Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AAS.PEAK PERLQD
Northbound
1762 53 70 0
1885
19
42
Southbound
1769 53 105 0
1927
19
54
Eastbound
742 0 9 0
751
8
0
Westbound
522 0 12 0
534
5
0
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PAS PEAK PER1013
Northbound
2355 71 125 0
2551
26
62
Southbound
2225 67 94 0
2386
24
32
Eastbound
533 0 4 0
537
5
0
Westbound
373 0 4 0
377
4
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic 1s estimated to be 1 %or greater of Projected PM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
r -I
`.-A
A -1%
Westbound 295 0 98 0 393
Project PM Traffic is estimated to be less than I %of Projected PM Peak f Hour Traffic Volume.
=_> Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -19
4 62
FULL OCCUPANCY YEAR: 2010
1% Traffic Volume Analysis
•
Intersection: 14. Jamboree & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM_2EAK PERIOD
Northbound
1313 39 163 0
1515
15
0
Southbound
1929 58 275 0
2262
23
54
Eastbound
350 0 0 0
350
4
0
Westbound
182 0 38 0
220
2
42
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour
Traffic Volume.
=_>
Project AM Traffic is estimated to be 1% Or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1800 54 243 0
2097
21
0
Southbound
2415 72 255 0
2742
27
32
Eastbound
253 0 12 0
265
3
0
Westbound 295 0 98 0 393
Project PM Traffic is estimated to be less than I %of Projected PM Peak f Hour Traffic Volume.
=_> Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -19
4 62
FULL OCCUPANCY YEAR: 2010
r�
A -'_I1
I % Traffic Volume Analysis
Intersection: 15. Jamboree R Santa Barbara
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1554 47 53 0 1654
17
1
Southbound 1392 42 123 0 1557
16
0
Eastbound
73 0 6 0 79
1
0
Westbound
146 0 6 0 152
2
17
Project AM Traffic is estimated to be less than 11% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1246 37 91 0 1374
14
6
Southbound
2100 63 88 0 2251
23
0
Eastbound
38 0 3 0 41
0
0
Westbound
974 0 8 0 982
10
5
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
A -'_I1
Eastbound
3049 91 89 0 3229
11% Traffic Volume Analysis
30
Westbound
1252 38 33 0 1323
13
15
Intersection: 16. Jamboree & Coast Hwy
= =>
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Existing Traffic Volumes Based on Average Winter /Spring
2007
PM PEAK PERIOD
Peak 1 Hour Approved Cumulative
Northbound
398 12 3 0 413
4
0
Southbound
Existing
Regional Projects Projects
Projected
1% of Projected
Project
26
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Project PM Traffic is estimated to be lass than 1 %of Projected PM Peak 1 Hour Traffic Volume.
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
Intersection Capacity Utilization (ICU) Analysis is required.
AM PEAK_PERIOD
Northbound
488
15 1 0
504
5
0
Southbound
1101
33 106 0
1240
12
17
Eastbound
3049 91 89 0 3229
32
30
Westbound
1252 38 33 0 1323
13
15
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
= =>
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
398 12 3 0 413
4
0
Southbound
2060 62 85 0 2207
22
5
Eastbound
2438 73 121 0 2632
26
13
Westbound
2323 70 63 0 2456
25
31
Project PM Traffic is estimated to be lass than 1 %of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -_'1
FULL OCCUPANCY YEAR: 2010
9
1•
Westbound 694 0 2 0 696 7 21
Project AM Traffic is estimated to be less than 1 %of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
2829 85 19 0 2933
29
I% Traffic Volume Analysis
Southbound
3252 98 28 0 3378
34
21
Eastbound
597 0 8 0 605
6
3
Westbound
770 0 1 0 771
8
11
Intersection: 17. MacArthur & Bison
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
I% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
2817
85 2 0
2904
29
33
Southbound
2357
71 5 0
2433
24
61
Eastbound
604
0 7 0
611
6
6
1•
Westbound 694 0 2 0 696 7 21
Project AM Traffic is estimated to be less than 1 %of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
2829 85 19 0 2933
29
84
Southbound
3252 98 28 0 3378
34
21
Eastbound
597 0 8 0 605
6
3
Westbound
770 0 1 0 771
8
11
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysisis required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -22
1% Traffic Volume Analysis
Intersection: 18. MacArthur & Ford/Bonita Canyon
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
I% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM-PEAK PERIOD
Northbound 2108 63 8 0 2179
22
39
Southbound 2465 74 11 0 2550
26
80
. Eastbound 426 0 4 0 430
4
0
Westbound 1775 0 10 0 1785
18
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
F"EAK PERIOD
Northbound 2877 86 33 0 2996
30
86
Southbound 3151 95 23 0 3269
33
28
li
Eastbound 387 0 2 0 389
4
0
Westbound 992 0 12 0 1004
10
2
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated In be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -23
PROJECT: North Newport Center TPO
1•
A -24
FULL OCCUPANCY YEAR: 2010
I % Traffic Volume Analysis
Intersection: 19. MacArthur 8 San Joaquin Hills
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AMPEAK PERIOD
Northbound
1652 50 19 0 1721
17
0
Southbound
2520 76 43 0 2639
26
82
Eastbound
591 0 8 0 599
6
40
Westbound
750 0. 8 0 758
8
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic Is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
•
PM PEAK PERIOD
Northbound
2016 60 46 0 2122
21
0
Southbound
2628 79 54 0 2761
28
30
Eastbound
1062 0 55 0 1117
11
87
Westbound
878 0 8 0 886
9
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Tragic is estimated to be I% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
1•
A -24
FULL OCCUPANCY YEAR: 2010
A -25
1% Traffic Volume Analysis
Intersection: 20. MacArthur 8 San Miguel
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1883 56 8 0 1947
19
1
Southbound 1765 53 7 0 1825
18
0
Eastbound
190 0 5 0 195
2
11
Westhound
426 0 1 0 427
4
7
Project AM Traffic Is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1376 41 11 0 1428
14
4
Southbound
2017 61 11 0 2089
21
0
Eastbound
1535 0 29• 0 1564
16
9
Westhound
478 0 12 0 490
5
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -25
u
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -26
11% Traffic Volume Analysis
Intersection: 21. MacArthur & Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peek 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
0
0 0 0
0
0
0
Southbound
908
27 3 0
938
9
11
Eastbound
1842
55 10 0
1907
19
2
Westbound
1986
60 12 0
2058
21
19
Project AM Traffic is
estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is
estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity
Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
0
0 0 0
0
0
0
Southbound
1832
55 4 0
1691
19
3
Eastbound
1864
56 13 0
1933
19
15
Westbound
1929
58 10 0
1997
20
2
u
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -26
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -27
1% Traffic Volume Analysis
Intersection: 22. Santa Cruz & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
11% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
72 0 4 0 76
1
35
Southbound
55 0 2 0 57
1
0
Eastbound
748 0 2 0 750
8
54
Westbound
495 0 2 0 497
5
7
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
•
PM PEAK PERIOD
Northbound
469 0 0 0 469
5
14
Southbound
72 0 2 0 74
1
0
Eastbound
578 0 2 0 580
6
32
Westbound
586 0 2 0 588
6
48
Project PM Traffic is estimated to be less than 1 %of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -27
r
A -'x
1% Traffic Volume Analysis
Intersection: 23, Santa Rosa & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
108 0 26 0 134
1
36
Southbound
115 0 0 0 115
1
0
Eastbound
428 0 20 0 448
4
49
Westbound
1032 0 26 0 1058
11
4
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
567 0 67 0 634
6
59
Southbound
98 0 0 0 98
1
0
Eastbound
729 0 26 0 755
8
10
Westbound
580 0 64 0 644
6
14
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r
A -'x
Westbound 936 0 4 0 940
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 720 0 28 0 748
9 0
i
7 6
Southbound
423 0 15 0 438 4
11% Traffc Volume Analysis
Eastbound
959 0 0 0 959 10
0
Intersection: 24. San Miguel & San Joaquin Hills
1115 0 16 0 1131 11
0
PROJECT:
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
North Newport Center TPO FULL OCCUPANCY YEAR:
Existing Traffic Volumes Based on Average Winter/Spring
2007
i
Peak 1 Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
322
0 0 0
322
3
0
Southbound
485
0 0 0
485
5
9
Eastbound
729
0 2 0
731
7
0
Westbound 936 0 4 0 940
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 720 0 28 0 748
9 0
i
7 6
Southbound
423 0 15 0 438 4
0'.
Eastbound
959 0 0 0 959 10
0
Westbound
1115 0 16 0 1131 11
0
PROJECT:
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
i
r�
U
A -30
1% Traffic Volume Analysis
Intersection: 25. Avocado & San Miguel
Existing Traffic Volumes Based on Average Winter /Spring 2003
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
392 0 0 0 392
4
49
Southbound 118 0 0 0 118
1
8
Eastbound
208 0 0 0 208
2
10
Westbound
1089 0 0 0 1089
11
9
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
891 0 0 0 891
9
10
Southbound
372 0 0 0 372
4
58
Eastbound
724 0 22 0 746
7
1
Westbound
742 0 16 0 758
8
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
U
A -30
A -31
1% Traffic Volume Analysis
Intersection: 26. Balboa/Superior & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 618 0 31 0
649
6
0
Southbow
479 0 26 0
505
5
0
Eastbound
3468 139 168 0
3775
38
11
Wes, uno
34 28 0
911
9
18
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
P-11 K PERIOD
Northbound
535 0 10 0
545
5
0
Southbound
1136 0 162 0
1300
13
0
Eastbound
1649 66 73 0
1788
18
8
Westbound
2446 98 62 0
2606
26
15
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic
Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
A -31
r�
�J
A -3.
1% Traffic Volume Analysis
Intersection: 27. Newport & Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
0 0 0 0 0
0
0
Southbound
653 20 49 0 722
7
10
Eastbound
2562 77 7 0 2646
26
11
Westbound
1098 33 27 0 1158
12
16
Project AM Traffic is estimated to be less than 1°% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1°% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
0 0 0 0 0
0
0
Southbound
1087 33 118 0 1238
12
4
Eastbound
1534 46 77 0 1657
17
8
Westbound
2411 72 14 0 2497
25
15
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
�J
A -3.
A -33
I% Traffic Volume Analysis
Intersection: 28. Riverside & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
8 0 0 0 8
0
0
Southbound
401 0 2 0 403
4
0
Eastbound
2392 96 94 0 2582
26
22
Westbound
1309 52 130 0 1491
15
26
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
47 0 0 0 47
0
0
Southbound
524 0 2 0 526
5
0
Eastbound
1817 73 181 0 2071
21
13
Westbound
2523 101 134 0 2758
28
27
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -33
.
1% Traffic Volume Analysis
Intersection: 29. Tustin & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
0 0 0 0 0
0
0
Southbound 52 0 0 0 52
1
0
Eastbound
2268 91 86 0 2445
24
22
Westbound
1276 51 55 0 1382
14
26
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
=_>
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
7 0 0 0 7
0
0
Southbound
85 0 0 0 85
1
0
Eastbound
1587 63 91 0 1741
17
13
Westbound
2509 100 103 0 2712
27
27
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
f,
u
A -b4
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2DlD
A -35
1% Traffic Volume Analysis
Intersection: 30. Dover /Bayshore & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1%of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
74 0 0 0 74
1
0
Southbound
976 0 24 0 1000
10
9
Eastbound
2421 73 81 0 2575
26
22
Westbound
1720 52 61 0 1833
18
32
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
=_>
Project AM Traffic is estimated to be I% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
119 D 0 0 119
1
0
Southbound
1310 0 41 0 1351
14
1
Eastbound
1630 49 118 0 1797
18
13
Westbound
3341 100 92 D 3533
35
37
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2DlD
A -35
r�
�J
A -3G
1 % Traffic Volume Analysis
Intersection: 31. Bayside & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
446 0 4 0 450
5
0
Southbound
46 0 62 0 108
1
0
Eastbound
3170 127 71 0 3368
34
31
Westbound
1483 59 39 0 1581
18
32
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
523 0 5 0 528
5
0
Southbound
68 0 100 0 168
2
0
Eastbound
2419 97 91 0 2607
26
13
Westbound
3129 125 56 0 3310
33
37
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
__>
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
�J
A -3G
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
q.i7
Westbound
1447 43 16 0 1506
1 % Traffic Volume Analysis
1
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Intersection: 32. Newport Center & Coast Hwy
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Existing Traffic Volumes Based on Average Winte (Spring
2007
PM PEAK PERIOD
Peak 1 Hour Approved Cumulative
Northbound
0 0 0 0 0
0
0
Existing
Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
2041 61 13 0 2115
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
0
0 0 0
0
0
0
Southbound
128
0 9 0
137
1
9
Eastbound
1905
57 10 0
1972
20
29
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
q.i7
Westbound
1447 43 16 0 1506
15
1
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
0 0 0 0 0
0
0
Southbound
680 0 34 0 714
7
0
Eastbound
1874 56 26 0 1956
20
7
Westbound
2041 61 13 0 2115
21
17
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
q.i7
1 -3x
1 % Traffic Volume Analysis
•
Intersection: 33. Avocado & Coast Hwy
Existing Traffic Volumes Based on Average WinteriSpring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 305 0 0 0 305
3
0
Southbound 143 0 0 0 143
1
7
Eastbound
1480 59 6 0 1545
15
28
Westbound
1398 56 15 0 1469
15
18
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
_ =>
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
362 0 0 0 362
4
0
Southbound
705 0 1 0 706
7
48
Eastbound
1684 67 11 0 1762
18
2
Westbound
1603 64 7 0 1674
17
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
1 -3x
A -3U
1 % Traffic Volume Analysis
Intersection: 34, Goldenrod & Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1%of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
133 0 0 0
133
1
0
Southbound 59 0 1 0
60
1
0
Eastbound
1187 47 6 0
1240
12
14
Westbound
1990 80 10 0
2080
21
19
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour
Intersection Capacity Utilization (ICU) Analysis is required.
Traffic Volume.
PM PEAK PERIOD
Northbound
135 0 0 0
135
1
0
Southbound
75 0 0 0
75
1
0
Eastbound
1782 71 8 0
1861
19
18
Westbound
1742 70 7 0
1819
18
2
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
A -3U
A -40
1 % Traffic Volume Analysis
•
Intersection: 35. Marguerite & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
249 0 0 0 249
2
0
Southbound 243 0 0 0 243
2
0
Eastbound
1233 49 5 0 1287
13
18
Westbound
1821 73 10 0 1904
19
2
Pmject AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
_ =>
PmiW AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
241 0 0 0 241
2
0
Southbound
254 0 0 0 254
3
0
Eastbound
1799 72 7 0 1878
19
14
Westbound
1460 58 7 0 1525
15
19
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU)Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -40
A 41
1% Traffic Volume Analysis
Intersection: 36. Newport Center & Santa Barbara
Existing Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
223 0 0 0
223
2
0
Southbound
126 0 0 0
126
1
0
Eastbound
227 0 0 0
227
2
2
Westbound
13 0 0 0
13
0
1
Project AM Traffic is estimated to be less than i % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour
Intersection Capacity Utilization (ICU) Analysis is required.
Traffic Volume,
PM PEAK PERIOD
Northbound
291 0 0 0
291
3
0
Southbound
289 0 0 0
289
3
0
Eastbound
267 0 0 0
267
3
9
Westbound
91 0 0 0
91
1
9
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL OCCUPANCY YEAR:
2010
•
A 41
1 -3'_
11% Traffic Volume Analysis
Intersection: 37. Santa Cruz & Newport Center
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
11% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 69 0 0 0
69
1
1
Southbound 166 0 0 0
166
2
2
Eastbound
117 0 0 0
117
1
0
Westbound
181 0 0 0
181
2
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
274 0 0 0
274
3
9
Southbound
255 0 0 0
255
3
9
Eastbound
235 0 0 0
235
2
0
Westbound
299 0 0 0
299
3
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
1 -3'_
Eastbound 214 0 0 0 214 2 0
Westbound 298 0 0 0 298 3 0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be i% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -43
FULL OCCUPANCY YEAR: 2010
1 %Traffic Volume Analysis
Intersection: 38. Newport Center & Santa Rosa
Existing Traffic Volumes Based on Average WinterlSpring
2003
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
122 0 0 0
122
1
6
Southbound
313 0 0 0
313
3
30
Eastbound
85 0 0 0
85
1
0
Westbound
274 0 0 0
274
3
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
278 0 0 0
278
3
26
Southbound
392 0 0 0
392
4
15
Eastbound 214 0 0 0 214 2 0
Westbound 298 0 0 0 298 3 0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be i% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -43
FULL OCCUPANCY YEAR: 2010
Eastbound 390 0 0 0 390
Westbound 685 0 0 0 685
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Anatysis is required.
PROJECT: North Newport Center TPO
AJi
4 16
7 0
FULL OCCUPANCY YEAR: 2010
1 % Traffic Volume Analysis
•
Intersection: 39. Newport Center & San Miguel
Existing Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 % of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAKRFRI04
Northbound
322 0 0 0
322
3
3
Southbound
130 0 0 0
130
1
17
Eastbound
69 0 0 0
69
1
2
Westhound
377 0 0 0
377
4
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour
Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
376 0 0 0
376
4
10
Southbound
388 0 0 0
388
4
0
Eastbound 390 0 0 0 390
Westbound 685 0 0 0 685
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Utilization (ICU) Anatysis is required.
PROJECT: North Newport Center TPO
AJi
4 16
7 0
FULL OCCUPANCY YEAR: 2010
A-45
1% Traffic Volume Analysis
Intersection: 40. Newport Center /Fashion Island & Newport Center
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 % of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
A@LP_EAK PERIOD
Northbound
501 0 0 0 501
5
0
Southbound
.15 0 0 0 15
0
1
Eastbound
229 0 0 0 229
2
0
Westbound
121 0 0 0 121
1
10
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysts is required.
PM PEAK PERIOD
Northbound
431 0 0 0 431
4
1
Southbound
156 0 0 0 156
2
9
Eastbound
342 0 0 0 342
3
0
Westbound
511 0 0 0 511
5
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A-45
A -46
1 % Traffic Volume Analysis
Intersection: 1. MacArthur & Campus
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1000 40 16 150
1206
12
8
Southbound
1478 59 25 58
1620
16
20
Eastbound
1323 0 10 0
1333
13
0
Westbound
368 0 2 0
370
4
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1361 54 30 101
1546
15
21
Southbound
1905 76 26 155
2162
22
6
Eastbound
993 0 5 0
998
10
0
Westbound
1367 0 6 0
1373
14
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
A -46
0
1% Traffic Volume Analysis
Intersection: 2. MacArthur 8 Birch
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
Northbound
AM PEAK PERIOD
1892 57 11 150 2110
21
8
Southbound
1094 33 26 58 1211
12
20
Eastbound
554 0 7 0 561
6
0
Westbound
232 0 0 0 232
2
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1318 40 17 101 1476
15
21
Southbound
2306 69 28 155 2558
26
6
Eastbound
525 0 14 0 539
5
0
Westbound
937 0 2 0 939
9
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A-41
Southbound
627 25 14 58 724
1 % Traffic Volume Analysis
20
Eastbound
155 0 5 0 160
2
0
Westbound
Intersection: 3. MacArthur & Von Karman
3
0
Northbound
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
1014 41 16 125 1196
12
'
21
Existing Traffic Volumes Based on Average WinteriSpring
2006
13
6
Eastbound
640 D 15 0 655
7
Peak 1 Hour Approved Cumulative
Westbound
899 D 6 21 928
9
D
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1903
76 9 168
2156
22
8
Southbound
627 25 14 58 724
7
20
Eastbound
155 0 5 0 160
2
0
Westbound
302 0 3 25 330
3
0
Northbound
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
1014 41 16 125 1196
12
'
21
Southbound
1097 44 18 155 1314
13
6
Eastbound
640 D 15 0 655
7
0
Westbound
899 D 6 21 928
9
D
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2D1D
A-Jk
•I
•
1 % Traffic Volume Analysis
Intersection: 4. Jamboree & Campus
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1520 61 26 173 1780
18
8
Southbound 2134 85 46 71 2336
23
20
Eastbound
290 0 4 0 294
3
0
Westbound
845 0 3 0 848
8
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
2025 81 45 119 2270
23
21
Southbound
2413 97 42 179 2731
27
6
Eastbound
1086 0 2 0 1088
11
0
Westbound
769 0 5 0 774
8
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A -49
A-M
1% Traffic Volume Analysis
•
Intersection: 5. Jamboree & Birch
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 % of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PEROD
Northbound
1648 66 28 173 1915
19
8
Southbound 2051 82 57 71 2261
23
20
Eastbound
194 0 0 0 194
2
0
Westbound
7 0 0 0 7
0
0
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1844 74 52 119 2089
21
21
Southbound
2346 94 45 179 2664
27
6
Eastbound
509 0 1 0 510
5
0
Westbound
14 0 0 0 14
0
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A-M
r�
1
A -51
1% Traffic Volume Analysis
Intersection: 6. MacArthur & Jamboree
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1648 49 28 166 1891
19
8
Southbound
2051 62 42 82 2237
22
20
Eastbound
194 6 35 174 409
4
8
Westbound
7 0 56 71 134
1
20
Project AM Traffic is estimated to be less than I% of Projected AM Peak 1 Hour Traffic Volume.
>
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1844 55 36 138 2073
21
21
Southbound
2346 70 77 176 2669
27
6
Eastbound
509 15 47 106 677
7
21
Westbound
14 0 45 179 238
2
6
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
1
A -51
1 % Traffic Volume Analysis
Westbound 0 0 0 0 0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
AS?
0 0
111
0
FULL OCCUPANCY YEAR: 2010
Aft
MW
Intersection: 7. Bayview & Bristol South (EB)
Existing Traffic Volumes Based on Average WinterlSpring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
I% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
480 0 0 0
480
5
0
Southbound
0 0 0 0
0
0
0
Eastbound
3107 0 78 0
3185
32
32
Westbound
0 0 0 0
0
0
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
641 0 0 0
641
6
0
Southbound
0 0 0 0
0
0
0
Eastbound
3057 0 80 0
3137
31
18
Westbound 0 0 0 0 0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
AS?
0 0
111
0
FULL OCCUPANCY YEAR: 2010
Aft
MW
PROJECT: North Newport Center TPO
0
A -53
FULL OCCUPANCY YEAR: 2010
Eastbound
0 0 0 0 0
1% Traffic Volume Analysis
0
Westbound
0 0 0 0 0
0
0
Intersection: 8. Jamboree & Bristol North (WB)
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
PM EAK PERIQQ
Existing
Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
0 0 0 0 0
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
AM PEAK PEFU
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
3370
135 52 173
3730
37
29
Southbound
1050
42 51 51
1194
12
20
PROJECT: North Newport Center TPO
0
A -53
FULL OCCUPANCY YEAR: 2010
Eastbound
0 0 0 0 0
0
0
Westbound
0 0 0 0 0
0
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM EAK PERIQQ
Northbound
2849 114 70 107 3140
31
58
Southbound
1971 79 54 177 2281
23
6
Easthound
0 0 0 0 0
0
0
Westbound
0 0 0 0 0
0
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
0
A -53
FULL OCCUPANCY YEAR: 2010
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
i
A -54
11% Traffic Volume Analysis
.
Intersection: 9. Jamboree & Bristol South (EB)
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PFAK PERIOD
Northbound
2187 87 75 173 2522
25
26
Southbound
675 27 51 51 804
8
20
Eastbound
2831 0 78 0 2909
29
31
Westbound
0 0 0 0 0
0
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
__>
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1958 78 118 107 2261
23
28
Southbound
1241 50 52 177 1520
15
6
Eastbound
3273 0 80 0 3353
34
15
Westhound
0 0 0 0 0
0
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
i
A -54
•
Eastbound
88 0 0 0 88
1% Traffic Volume Analysis
0
Westbound
100 0 0 0 100
1
0
Intersection: 10. Jamboree 8 Bayview
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Existing Traffic Volumes Based on Average Winter /Spring
2007
Intersection Capacity Utilization (ICU) Analysis is required.
Peak 1 Hour Approved Cumulative
PM PEAK PERIOD
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
399 0 0 0 399
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
AM_P_EAK PERIOD
Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
1935
58 75 173
2241
22
30
Southbound
2006
60 51 51
2168
22
52
A -SS
Eastbound
88 0 0 0 88
1
0
Westbound
100 0 0 0 100
1
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1758 53 118 107 2036
20
57
Southbound
2383 71 52 177 2683
27
25
Eastbound
399 0 0 0 399
4
0
Westbound
170 0 0 0 170
2
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A -SS
1 % Traffic Volume Analysis
Westbound 438 D 1D 8D 528
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Ublizaton (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A ->h
5 2
FULL OCCUPANCY YEAR: 2D1 D
0
0
Intersection: 11. Jamboree & Easlbluff /University,
Existing Traffic Volumes Based on Average Winder /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1%of Projected
Project
Approach
Peak 1 Hour Growth Pearl Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM.P_EAK_PERIOD
Northbound
1718 52 7D 248
2D88
21
35
Southbound
1669 50 113 51
1883
19
52
Eastbound
534 0 1 D
535
5
D
Wastbound
618 D 5 22
645
6
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1678 5D 123 155
2D06
20
59
Southbound
2477 74 1D9 177
2837
28
25
Eastbound
351 D D D
351
4
D
Westbound 438 D 1D 8D 528
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume
Intersection Capacity Ublizaton (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A ->h
5 2
FULL OCCUPANCY YEAR: 2D1 D
0
0
•
1% Traffic Volume Analysis
Intersection: 12. Jamboree & Bison
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1547 46 60 2112 3765
38
42
Southbound 1993 60 105 73 2231
22
53
Eastbound 187 0 0 0 187
2
0
Westbound 319 0 5 37 361
4
1
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
•
__> Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 1807 54 108 132 2101
21
62
Southbound 2302 69 107 257 2735
27
27
Easthound 102 0 1 0 103
1
0
Westbound 464 0 6 23 493
5
5
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis Is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A - ?7
1 % Traffic Volume Analysis
•
Intersection: 13. Jamboree & Eastbluff/Ford
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1762 53 70 212 2097
21
42
Southbound 1769 53 105 62 1989
20
54
Eastbound 742 0 9 18 769
8
0
Westbound 522 0 12 117 651
7
0
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
•
PM PEAK PERIOD
Northbound 2355 71 125 168 2719
27
62
Southbound 2225 67 94 220 2606
26
32
Eastbound 533 0 4 63 600
6
0
Westbound 373 0 4 71 448
4
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A -;x
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 %or greater of Projected AM Peak 1 Hour Traffic Volume.
. Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
18D0 54 243 148 2245
1 % Traffic Volume Analysis
D
Southbound
2415 72 255 232 2974
•
32
Intersection: 14. Jamboree & San Joaquin Hills
253 D 12 D 265
3
D
Westbound
295 D 98 2D 413
Existing Traffic Volumes Based on Average Winter /Spring
2DD7
_ =>
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume:
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Peak 1 Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
I% of Projected
Project
Approach
Peak 1 Hour
GmMh Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1313
39 163 178
1693
17
0
Southbound
1929
58 275 103
2365
24
54
Eastbound
350
D D D
35D
4
D
Westbound
182
D 38 34
254
3
42
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 %or greater of Projected AM Peak 1 Hour Traffic Volume.
. Intersection Capacity Utilization (ICU) Analysis is required.
Northbound
18D0 54 243 148 2245
22
D
Southbound
2415 72 255 232 2974
30
32
Eastbound
253 D 12 D 265
3
D
Westbound
295 D 98 2D 413
4
62
_ =>
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume:
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
•
% -5d
FULL OCCUPANCY YEAR: 2D1D
I% Traffic Volume Analysis
Intersection: 15. Jamboree & Santa Barbara
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 1554 47 53 178 1832
18
1
Southbound 1392 42 123 94 1651
17
0
Eastbound 73 0 6 0 79
1
0
Westbound 146 0 6 0 152
2
17
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
21111-P_EAK PERIOD
Northbound 1246 37 91 148 1522
15
6
Southbound 2100 63 88 194 2445
24
0
Easthound 38 0 3 0 41
0
0
Westbound 974 0 8 0 982
10
5
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -W
PROJECT: North Newport Center TPO
0
A -51
FULL OCCUPANCY YEAR: 2D1D
1 % Traffic Volume Analysis
Intersection: 16. Jamboree & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
488 15 1 0 504
5
D
Southbound
1101 33 106 94 1334
13
17
Eastbound
3049 91 89 120 3349
33
3D
Westbound
1252 38 33 471 1794
18
15
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
398 12 3 0 413
4
D
Southbound
2060 62 85 194 2401
24
5
Eastbound
2438 73 121 390 3022
3D
13
Westbound
2323 70 63 317 2773
28
31
Project PM Traffic is esthrvated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
0
A -51
FULL OCCUPANCY YEAR: 2D1D
1% Traffic Volume Analysis
.
Intersection: 17. MacArthur & Bison
Existing Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume
Volume
Volume
Volume
AM-PEAK PERIOD
Northbound 2617 85 2 151
3055
31
33
Southbound 2357 71 5 49
2482
25
61
Eastbound 604 0 7 11
622
6
6
Westbound 694 0 2 52
748
7
21
Pmject AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 2829 85 19 93
3026
30
84
Southbound 3252 98 28 170
3548
35
21
Eastbound 597 0 8 37
642
6
3
Westbound 770 0 1 32
803
8
11
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
A -62
•
1% Traffic Volume Analysis
Intersection: 18. MacArthur & Ford /Bonita Canyon
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIO
Northbound
2108 63 8 183 2362
24
39
Southbound
2465 74 11 45 2595
26
80
Eastbound
426 0 4 15 445
4
0
Westbound
1775 0 10 222 2007
20
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
2877 86 33 145 3141
31
86
Southbound
3151 95 23 155 3424
34
2B
Eastbound
387 0 2 54 443
4
0
Westbound
992 0 12 169 1173
12
2
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume,
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
0
A -63
FULL OCCUPANCY YEAR: 2010
PROJECT: North Newport Center TPO
A -W
FULL OCCUPANCY YEAR: 2010
1% Traffic Volume Analysis
Intersection: 19. MacArthur & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
I%of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
1652 50 19 145 1866
19
0
Southbound
2620 76 43 99 2738
27
82
Eastbound
591 0 8 46 645
6
40
Westbound
750 0 8 191 949
9
0
Project AM Traffic Is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
2016 60 46 183 2305
23
0
Southbound
2628 79 54 190 2951
30
30
Eastbound
1062 0 55 100 1217
12
87
Westbound
878 0 8 139 1025
10
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -W
FULL OCCUPANCY YEAR: 2010
• 1 % Traffic Volume Analysis
1 -65
Eastbound
Intersection: 20. MacArthur 8 San Miguel
2
11
Westbound
426 0 1 0 427
Existing Traffic Volumes Based on Average Winter /Spring
2007
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Peak 1 Hour Approved Cumulative
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Existing
Regional Projects Projects
Projected
I% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
Southbound
2017 61 11 182 2271
23
0
Eastbound
1535 0 29 37 1601
AM PEAK PERIOD
9
Wastbound
Northbound
1883
56 8 182
2129
21
1
Southbound
1765
53 7 142
1967
20
0
1 -65
Eastbound
190 0 5 12 207
2
11
Westbound
426 0 1 0 427
4
7
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
1376 41 11 205 1633
16
4
Southbound
2017 61 11 182 2271
23
0
Eastbound
1535 0 29 37 1601
16
9
Wastbound
478 0 12 0 490
5
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
1 -65
1% Traffic Volume Analysis
•
Intersection: 21. MacArthur & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 0 0 0 0 0
0
p
Southbound 908 27 3 152 1090
11
11
Eastbound 1842 55 10 145 2052
21
2
Westbound 1986 60 12 474 2532
25
19
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be I% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 0 0 0 0 0
0
0
Southbound 1832 55 4 220 2111
21
3
Eastbound 1864 56 13 456 2389
24
15
Westbound 1929 58 10 286 2283
23
2
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
4 -66
•
1% Traffic Volume Analysis
Intersection: 22. Santa Cruz & San Joaquin Hills
E�dsting Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Flour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 72 0 4 0
76
1
35
Southbound 55 0 2 10
67
1
0
Eastbound
748 0 2 9
759
8
54
Westbound
495 0 2 41
538
5
7
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
469 0 0 0
469
5
14
Southbound
72 0 2 9
83
1
0
Eastbound
578 0 2 38
618
6
32
Westbound
586 0 2 30
618
6
48
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic
Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR
2010
A -n7
1% Traffic Volume Analysis
.
Intersection: 23. Santa Rosa & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Direction Volume Volume Volume Volume
Projected
Peak 1 Hour
Volume
11% of Projected
Peak 1 Hour
Volume
Project
Peak 1 Hour
Volume
AM PEAK PERIOD
Northbound 108 0 26 11
145
1
36
Southbound 115 0 0 15
130
1
0
Eastbound 428 0 20 19
467
5
49
Westbound 1032 0 26 91
1149
11
4
Project AM Traffic is estimated to be less than 1% of Projected App Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic
Intersection Capacity Utilization (ICU) Analysis is required.
Volume.
PM PEAK PERIOD
Northbound 567 0 67 42
676
7
59
Southbound 98 0 0 12
110
1
0
Eastbound 729 0 26 47
802
8
10
Westbound 580 0 64 69
713
7
14,
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.'
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
•
A -fix
.
1 % Traffic Volume Analysis
Intersection: 24. San Miguel & San Joaquin Hills
Existing Traffic Volumes Based on Average Winter /Spring
2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Pmject
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 322 0 0 0
322
3
0
Southbound 485 0 0 0
485
5
9
Eastbound 729 0 2 63
794
g
0
Westbound 936 0 4 191
1131
11
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 720 0 28 0
748
7
6
Southbound 423 0 15 0
438
4
0
Eastbound 959 0 0 216
1175
12
0
Westbound 1115 0 16 137
1268
13
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
F— 1
L_ J
A -fig
1% Traffic Volume Analysis
•i
•
Westbound 742 0 16 22 780 8 0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
i
A -1n
Intersection: 25. Avocado & San Miguel
Existing Traffic Volumes Based on Average Winter /Spring
2003
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
I% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
392 0 0 0
392
4
49
Southbound
118 0 0 0
118
1
8
Eastbound
208 0 0 12
220
2
10
Westbound
1089 0 0 37
1126
11
9
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
891 0 0 0
891
9
10
Southbound
372 0 0 0
372
4
58
Eastbound
724 0 22 37
783
8
1
•i
•
Westbound 742 0 16 22 780 8 0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
i
A -1n
.
1% Traffic Volume Analysis
Intersection: 26. Balboa/Superior 8 Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 618 0 31 14
663
7
0
Southbound 479 0 26 52
557
6
0
Eastbound
3468 139 168 102
3877
39
11
Westbound
849 34 28 231
1142
11
18
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
535 0 10 15
560
6
0
Southbound
1138 0 162 221
1521
15
0
Eastbound
1649 66 73 219
2007
20
8
Westbound
2446 98 62 142
2748
27
15
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
i
A -71
1% Traffic Volume Analysis
Intersection: 27. Newport & Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
Approach Peak 1 Hour Growth Peak 1 Hour Peak i Hour Peak 1 Hour
Direction Volume Volume Volume Volume Volume
1 %of Projected
Peak 1 Hour
Volume
Project
Peak 1 Hour
Volume
AM PEAK PERIOD
Northbound 0 0 0 0 0
0
0
Southbound 653 20 49 17 739
7
10
Eastbound 2562 77 7 67 2713
27
11
Westbound 1098 33 27 235 1393
14
18
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD�,
Northbound 0 0 0 0 0
0
',
0
Southbound 1087 33 118 85 1323
13
4
Eastbound 1534 46 77 238 1895
19
8
Westbound 2411 • 72 14 145 2642
26
15
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
FULL OCCUPANCY YEAR: 2010
i;
A.72
•
1 % Traffic Volume Analysis
Intersection: 28. Riverside 8 Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1 % of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERLO�
Northbound
B 0 0 0
8
0
0
Southbound
401 0 2 5
406
4
0
Eastbound
2392 96 94 89
2671
27
22
Westbound
1309 52 130 281
1772
18
26
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
47 0 0 0
47
0
0
Southbound
524 0 2 4
530
5
0
Eastbound
1817 73 181 327
2398
24
13
Westbound
2523 101 134 195
2953
30
27
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 7 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
10
A.71
Southbound
1 % Traffic Volume Analysis
1
0
Eastbound
2268 91 86 94 2539
Intersection: 29. Tustin & Coast Hwy
22
Westbound
1276 51 55 280 1662
17
Existing Traffic Volumes Based on Average Winter /Spring
2006
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
7 0 0 0 7
0
0
Peak 1 Hour Approved Cumulative
85 0 0 0 85
1
0
Eastbound
Existing Regional Projects Projects
Projected
1 %of Projected Project
Westbound
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour Peak 1 Hour
Direction
Volume Volume Volume Volume
Volume
Volume Volume
AM PEAK PERIOD
Northbound
0 0 0 0
0
0 0
Southbound
52 0 0 0 52
1
0
Eastbound
2268 91 86 94 2539
25
22
Westbound
1276 51 55 280 1662
17
26
Northbound
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
7 0 0 0 7
0
0
Southbound
85 0 0 0 85
1
0
Eastbound
1587 63 91 332 2073
21
13
Westbound
2509 100 103 197 2909
29
27
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -7J
0
.
1 % Traffic Volume Analysis
Intersection: 30. DoverBayshore & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
I% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM.PEAK PERIOD
Northbound
74 0 0 0 74
1
0
Southbound 976 0 24 28 1028
10
9
Eastbound
2421 73 81 94 2669
27
22
Westbound
1720 52 61 360 2193
22
32
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
119 0 0 0 119
1
0
Southbound
1310 0 41 83 1434
14
1
Eastbound
1630 49 118 332 2129
21
13
Westbound
3341 100 92 248 3781
38
37
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A -75
1% Traffic Volume Analysis'
Intersection: 31. Bayside & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spnng
2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects
Projected
1% of Projected
Project
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction Volume Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound 446 0 4 0
450
5
0
Southbound 46 0 62 5
113
1
0
Eastbound 3170 127 71 116
3484
35
31
Westbound 1483 59 39 351
1932
19
32
ProJect AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound 523 0 5 0
528
5
0
Southbound 68 0 100 4
172
2
0
Eastbound 2419 97 91 365
2992
30
13
Westbound 3129 125 56 238
3548
35
37
Project PM Traffic is estimated to be less than 1 %of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
FULL
OCCUPANCY YEAR:
2010
A -76
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT North Newport Center TPO FULL OCCUPANCY YEAR: 2010
0
A -77
1% Traffic Volume Analysis
Intersection: 32. Newport Center & Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring
2007
Peak i Hour Approved Cumulative
Existing
Regional Projects Projects
Projected
1 %of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PFAK.PERIOD
Northbound
0
0 0 0
0
0
0
Southbound
128
0 9 0
137
1
9
Eastbound
1905
57 10 156
2128
21
29
Westbound
1447
43 16 469
1975
20
1
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is
estimated to be 1% or greater of Projected AM Peak 1 Hour
Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
12111111P.I= AK-PERIOD
Northbound
0
0 0 0
0
0
0
Southbound
680
0 34 0
714
7
0
Eastbound
1874
56 26 513
2469
25
7
Westbound
2041
61 13 317
2432
24
17
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT North Newport Center TPO FULL OCCUPANCY YEAR: 2010
0
A -77
1% Traffic Volume Analysis
0
Intersection: 33. Avocado 8 Coast Hwy
Existing Traffic Volumes Based on Average Winter/Spring 2006
Peak 1 Hour Approved Cumulalive
Existing Regional Projects Projects Projected
Approach Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Direction Volume Volume Volume Volume Volume
1 %of Projected
Peak 1 Hour
Volume
Project
Peak 1 Hour
Volume
AM PEAK PERIOD
Northbound 305 0 0 0 305
3
0
Southbound 143 0 0 0 143
1
7
Eastbound 1480 59 6 156 1701
17
28
Westbound 1398 56 15 469 1938
19
18
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
0
PM PEAK PERIOD
Northbound 362 0 0 0 362
4
0
Southbound 705 0 1 0 706
7
48
Easthound 1684 67 11 513 2275
23
2
Westhound 1603 64 7 317 1991
20
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO FULL OCCUPANCY YEAR: 2010
A -7x
PROJECT: North Newport Center TPO
is
k -79
FULL OCCUPANCY YEAR: 2010
1% Traffic Volume Analysis
Intersection: 34. Goldenrod & Coast Hwy
Existing Traffic Volumes Based on Average Winter /Spring 2006
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 0/a of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
133 '0 0 0 133
1
0
Southbound
59 0 1 0 60
1
0
Eastbound
1187 47 6 159 1399
14
14
Westbound
1990 80 10 502 2582
26
19
Project AM Traffic is estimated to be less than 1% of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
135 0 0 0 135
1
0
Southbound
75 0 0 0 75
1
0
Eastbound
1782 71 8 527 2388
24
18
Westbound
1742 70 7 317 2136
21
2
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
is
k -79
FULL OCCUPANCY YEAR: 2010
Westbound
1821 73 10 515 2419
1 % Traffic Volume Analysis
19
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Intersection: 35. Marguerite & Coast Hwy
PM PEAK PERIOD
Northbound
241 0 0 0 241
2
Existing Traffic Volumes Based on Average Winter /Spring
2006
254 0 0 13 267
3
0
Eastbound
1799 72 7 527 2405
Peak 1 Hour Approved Cumulative
18
Westbound
1460 58 7 324 1849
18
2
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
AM PEAK PERIOD
Northbound
249
0 0 0
249
2
0
Southbound
243
0 0 3
246
2
0
Eastbound
1233
49 5 159
1446
14
14
Westbound
1821 73 10 515 2419
24
19
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1 % or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
241 0 0 0 241
2
0
Southbound
254 0 0 13 267
3
0
Eastbound
1799 72 7 527 2405
24
18
Westbound
1460 58 7 324 1849
18
2
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT: North Newport Center TPO
A -80
FULL OCCUPANCY YEAR: 2010
0 1% Traffic Volume Analysis
A-81
Eastbound
Intersection: 36, Newport Center & Santa Barbara
2
2
Westbound
13 0 0 0 13
Existing Traffic Volumes Based on Average WinterfSpdng
2007
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Peak 1 Hour Approved Cumulative
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
Existing
Regional Projects Projects
Projected
1% of Projected
Project
Approach
Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume
Volume Volume Volume
Volume
Volume
Volume
Southbound
289 0 0 0 289
3
0
Eastbound
267 0 0 0 267
AM PEAK PERIOD
9
Westbound
Northbound
223
0 0 0
223
2
0
Southbound
126
0 0 0
126
1
0
A-81
Eastbound
227 0 0 0 227
2
2
Westbound
13 0 0 0 13
0
1
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
291 0 0 0 291
3
0
Southbound
289 0 0 0 289
3
0
Eastbound
267 0 0 0 267
3
9
Westbound
91 0 0 0 91
1
9
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A-81
Southbound
1% Traffic Volume Analysis
2
2
Eastbound
117 0 0 0 117
1
Intersection: 37. Santa Cruz & Newport Center
Westbound
181 0 0 0 181
2
0
Existing Traffic Volumes Based on Average Winter /Spring
2007
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Peak 1 Hour Approved Cumulative
Intersection Capacity Utilization (ICU) Analysis is required.
Existing
Regional Projects Projects
Projected
1 %of Projected
Project
274 0 0 0 274
Approach Peak 1 Hour
Growth Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
9
Direction Volume
Volume Volume Volume
Volume
Volume
Volume
299 0 0 0 299
3
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
AM PEAK PERIOD
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Northbound 69
0 0 0
69
1
1
2010
Southbound
166 0 0 0 166
2
2
Eastbound
117 0 0 0 117
1
0
Westbound
181 0 0 0 181
2
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
274 0 0 0 274
3
9
Southbound
255 0 0 0 255
3
9
Eastbound
235 0 0 0 235
2
0
Westbound
299 0 0 0 299
3
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
n -N?
0
0
r�
u
4 -K3
1% Traffic Volume Analysis
Intersection: 38. Newport Center & Santa Rosa
Existing Traffic Volumes Based on Average Winter /Spring 2003
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
I% of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
122 0 0 0 122
1
6
Southbound
313 0 0 0 313
3
30
Eastbound
85 0 0 0 85
1
0
Westbound
274 0 0 0 274
3
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK-PERIOD
Northbound
278 0 0 0 278
3
26
Southbound
392 0 0 0 392
4
15
Eastbound
214 0 0 0 214
2
0
Westbound
298 0 0 0 298
3
0
Project PM Traffic is estimated to be less than 1% of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
r�
u
4 -K3
A -84
I % Traffic Volume Analysis
•
Intersection: 39. Newport Center 8 San Miguel
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound 322 0 0 0 322
3
3
Southbound 130 0 0 0 130
1
17
Eastbound
69 0 0 0 69
1
2
Westbound
377 0 0 0 377
4
0
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
376 0 0 0 376
4
10
Southbound
388 0 0 0 388
4
0
Eastbound
390 0 0 0 390
4
16
Westbound
685 0 0 0 685
7
0
Project PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1 % or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL
OCCUPANCY YEAR:
2010
A -84
.
1 % Traffic Volume Analysis
Intersection: 40. Newport Center /Fashion Island & Newport Center
Existing Traffic Volumes Based on Average Winter /Spring 2007
Peak 1 Hour Approved Cumulative
Existing Regional Projects Projects Projected
1 %of Projected
Project
Approach
Peak 1 Hour Growth Peak 1 Hour Peak 1 Hour Peak 1 Hour
Peak 1 Hour
Peak 1 Hour
Direction
Volume Volume Volume Volume Volume
Volume
Volume
AM PEAK PERIOD
Northbound
501 0 0 0 501
5
0
Southbound
15 0 0 0 15
0
1
Eastbound
229 0 0 0 229
2
0
Westbound
121 0 0 0 121
1
10
Project AM Traffic is estimated to be less than 1 % of Projected AM Peak 1 Hour Traffic Volume.
Project AM Traffic is estimated to be 1% or greater of Projected AM Peak 1 Hour Traffic Volume,
Intersection Capacity Utilization (ICU) Analysis is required.
PM PEAK PERIOD
Northbound
431 0 0 0 431
4
1
Southbound
156 0 0 0 156
2
9
Eastbound
342 0 0 0 342
3
0
Westbound
511 0 0 0 511
5
0
Pmject PM Traffic is estimated to be less than 1 % of Projected PM Peak 1 Hour Traffic Volume.
Project PM Traffic is estimated to be 1% or greater of Projected PM Peak 1 Hour Traffic Volume.
Intersection Capacity Utilization (ICU) Analysis is required.
PROJECT:
North Newport Center TPO FULL OCCUPANCY YEAR:
2010
A -xi
1. MacArthur F Campus
Existing
TOTAL CAPACITY UTILIZATION .496 .764
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
A14 PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
53
.533
155
.591*
NBT
4
6400
897
.140*
1171
.183
NBR
1
1600
50
.031
35
.022
SBL
1
1600
261
.16 3*
131
.082
SET
4
6400
918
.143
i138
.113*
SBR
1
1600
299
.187
666
.416
EBL
2
3200
458
.143
336
.105'
EBT
3
4800
778
.180*
455
.137
EBR
0
0
87
0
202
89
WBL
2
3200
43
.013*
132
.041
WET
3
4800
225
.047
:080
.225*
WBR
f
.221'
100
f
155
Right
Turn Adjustment
SBR
.164*
TOTAL CAPACITY UTILIZATION .496 .764
Existing + Growth + Approved + Project
A14 PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
VIC
NBL
1
1600
55
.034
157
.098*
NET
4
6400
955
.i49*
1265
.198
NBR
1
1600
50
.031
37
.023
SBL
1
1600
261
.163*
131
.082
SBT
4
64C0
998
.156
1181
.185*
SBR
. 1
1600
301
.188
669
.418
EEL
2
3200
461
.144
338
.106*
EST
3
4830
782
.131*
4755
.141
EBR
0
u
89
204
254
85:.
W3L
2
3280
44
.3:4`
1 35
,542
1.51
3
483C
22'
.47
1382
.221'
WBR
f
1:3
i5E
SBP
TOTAL CAPACITY UTILIZATION .507 .767
A -86
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
. NBL 1 1600 55 .034 157 .098*
NBT 4 6400 947 .148* 1244 .194
NBR 1 1600 50 .031 37 .023
SBL 1 1600 261 .163* 131 .082
SBT 4 6400 978 .153 1175 .184*
SBR 1 1600 301 .188 669 .418
EBL 2 3200 461 .144 338 .106*
EST 3 4800 782 .181* 475 .141
EBR 0 0 89 204
WBL 2 3200 44 .0141 135 .042
WBT 3 4800 227 .047 1082 .225'
WBR f 100 156
Right Turn Adjustment SBR .154*
TOTAL CAPACITY UTILIZATION .506 .767
Existing + Growth + Approved + Cumulative
A14 PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
55
.034
157
.098'
NET
4
6400
1C97
.111*
1345
.210
NBR
1
160C
50
.031
37
.023
SBL
1
1600
261
.163•
131
.082
SET
4
6400
1036
.162
1330
.208*
SBR
1
1600
301
.188
669
.418
EBL
2
3200
461
.144
338
.106*
EBT
3
4800
782
.181*
475
.141
E3R
C
C
89
204
85:.
2
1260
44
314'
_35
.042
UBT
3
4E0b
227
.^147
i082
.225*
iiO.R
1:3
i5E
SBP
.:35'
TOTAL CAPACITY UTILIZATION .529 .767
0
1
0 1. MacArthur a Campus
Wsting + Growth + Approved + Cumulative + project
AM PK HOUR PM PK HOUR
LANES CAPACITY VCL V/C VOL V/C
NBL 1 i600 55 .034 157 .098'
NBT 4 6400 1105 .173' 1366 .213
HER 1 1600 50 .031 37 .023
SBL 1 1600 261 .163' 131 ,082
SBT 4 6406 1056 .165 1336 .209'
SBR 1 1600 301 .188 669 .418
EBL 2 3200 461 .144 338 ,106'
EBT 3 4800 782 .181• 475 .141
EBR 0 0 89 204
WBL 2 3200 44 .014' 135 .042
WBT 3 4800 227 .047 1082 .225•
WBR 1 100 156
R'ght Turn Adjustment SBR .129`
TOTAL CAPACITY UTILIZATIOM ,531 .767
0
A -87
2. MacArthur G Birch
Existing
EEL
0 0 123
294
AM PK HOUR
PM PK HOUR
3 4800 372 .115*
LANES
CAPACITY
VOL
VIC
VOL
WC
NBL
1
1600
0
.029
113
.071*
NET
3
4800
1741
.363*
1183
.246
NOR
f
1336
104
NOR
22
SOL
1
1600
146
.091*
69
.043
SET
4
6400
771
.148
2067
.350*
SOR
0
0
177
SBR
170
0
EEL
0 0 123
294
EBT
3 4800 372 .115*
207
.109*
EBR
0 0 59
24
CAPACITY
WBL
1 1600 21 .013
103
.064
WBT
2 3200 164 .051*
694
.217*
WBR
f 47
140
NET
Note:
Assumes E/W Split Phasing
1953
.401*
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL VIC
NBL 1 1600 48 .030 113 .071*
NOT 3 4800 1803 .316* 1235 .257
NOR f 104 22
SBL 1 1600 146 .091* 69 .043
SOT 4 6400 815 .156 2150 .364*
SBR 0 0 182 177
EEL 0 0 128 306
EBT 3 4800 372 .117* 208 .113*
EBR 0 0 61 26
f•K 1 '600 21 .013 103 .064
WBT 2 3206 164 .051* 696 .218*
WBR f 47 140
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .620 .747 TOTAL CAPACITY UTILIZATION .635 .766
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 48 .030 113 .071*
NOT 3 4800 1811 .317* 1256 .262
NOR f 104 22
SBL 1 1600 146 .091* 69 .043
SOT 4 6400 835 .159 2156 .365*
SBR 0 C 182 177
EBL 0 0 128 306
EBT 3 490C 372 .117* 208 .1:3*
E5R G C 6: 2E
4781, _ 1650 21 .Ci3 103 .664
WBT 2 320, 164 .95;* 696 .2.8*
ay 4' Ic6
NoCe:
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
48
.030
113
.011*
NET
3
4800
1953
.401*
1336
.278
NOR
f
104
22
SBL
1
1600
146
.091*
69
.043
SET
4
6400
813
.165
2305
.388*
SBR
0
0
182
177
EEL
0
0
128
306
EBT
3
4800
3 ?2
.117*
2C8
.113*
EBR
v"
v
6i
26
WB:.
1
:600
2_
.G13
_03
.364
WK
2
320:
:E4
.05I*
696
.2 :8*
WBR
f
47
'40
Nate: AsSore5 $?i'_ P zS:r3
TOTAL CAPACITY UTILIZATION .636 .767 TOTAL CAPACITY UTILIZATION
A -89
.666 .790
is
• 2. MacArthur F Birch
Existing + Growth + Approved + Cumulative + project
AM PK FOUR PM PH HOUR
LANES CAPACITY VOL VC VCL VIC
NBL 1 '600 48 .030 113 .37:'
NBT 3 4800 '961 .409' 1357 .283
NBR f 104 22
SBL 1 1600 146 .091* 69 .543
SBT 4 6400 893 .168 2311 .389'
SBR 0 0 182 :77
EBL 0 0 128 306
EBT 3 4800 372 .117' 208 .113'
EBR 0 0 61 26
WBL 1 1600 21 .013 103 .064
WBT 2 3200 164 .051' 696 .218`
NBR f 4" 140
Nate: Assures E/W Split Phasing
0 TOTAL CAPACITY UTILIZATION .668 .791
0
A-x9
3. MacArthur 6 Von Kaman
4D
Existing
Cumulative
AM PK
HOUR
PM PK
AM PK
HOUR
PM PK
HOUR
VOL
LANES
CAPACITY
VOL
V/C
VOL
Vic
NBL
.081
1600
129
.081
71
.044'
NET
3
4800
974
.203'
788
.164
NBR
f
179
800
SBL
155
1600
SBL
1
1600
36
.023*
34
.021
SET
3
4000
394
.082
962
.200'
SBR
f
105
197
EEL
101
1600
EEL
1
1600
35
.022
137
.086
EBT
2
3200
84
.026'
222
.069'
EBR
f
283
36
H2L
2B1
:ES9
WBL
1
1600
102
.064*
682
.426'
WET
2
3200
184
.058
152
.048
HER
f
65
16
65
TOTAL CAPACITY UTILIZATION .316 .739
Existing + Growth + Approved + Project
AM PK HOUR
LANES CAPACITY VOL V/C
NBL 1 1600 130 .081
NET 3 4900 1029 .214'
NBR f 801
SBL 1 1600 36 .023'
SET 3 4800 441 .092
SBR f 199
EEL 1 1600 38 .024
EST 2 3200 86 .021'
BR f 36
?181 i .661 IC4 .065'
Wd: 2 323' i85 -58
ABR i6
PM PK HOUR
VOL V/C
75 .041*
853 .118
155
34 .021
1020 .213'
105
144 .090
228 .071'
263
E86 .4291
IE6 .;49
E5
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 130 .081 75 .041'
NET 3 4800 1021 .213' 832 .173
NBR f 801 155
SBL 1 1600 36 .023' 34 .021
SET 3 4600 421 .086 1014 .211'
SBR f 199 105
EEL 1 1600 38 .024 144 .090
EST 2 3200 86 .021' 228 .011`
EBR f 36 283
WBL 1 1600 104 .065' 686 .429'
WET 2 3200 185 .059 156 .049
WAR f 16 65
TOTAL CAPACITY UTILIZATION .32E .758
0
Existing + Growth + Approved +
Cumulative
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
130
.081
75
.041'
NET
3
4800
1P1
.244'
933
.194
NBR
f
819
179
SBL
1
1600
36
.023'
34
.021
SET
3
4800
479
.100
1169
.244'
SBR
f
199
105
EEL
1
1600
38
.024
144
.090
EST
2
3200
B6
.027#
228
.011'
ZSR
f
36
283
H2L
:ES9
i29
.061'
707
.492'
1!BT
2
3250
185
.C58
.S6
.059
'112P
f
;6
65
TOTAL CAPACITY UTILIZATION .329 .768 TOTAL CAPACITY UTILIZATION .375 .884
0
A-90
3. MacArthur F Von Kalman
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR
PM PK
HOER
LANES
CAPACIT?
VOL
V/C
VOL
V/C
NBL
1
1600
130
.061
75
.041'
NBT
3
4800
1179
.246•
954
,;99
NBR
f
819
179
SBL
1
1600
36
.023*
34
.021
SET
3
4800
499
.104
1175
.245*
SBR
f
199
105
EBL
1
1600
38
.024
144
.090
EBT
2
3200
B6
.027*
228
.011*
EBR
f
36
283
WBL
1
1600
129
.081*
707
.442*
WBT
2
3200
185
.058
156
.049
WBR
f
16
65
TOTAL CAPACITY UTILIZATION .377 .885
0
A -91
5. Jamboree 6 Birch
Existing
TOTAL CAPACITY UTILIZATION .555 .642
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL V/C
NBL 1 1603 275 .172' 216 .135'
NET 3 480C 1463 .305 1763 .368
NBR 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1729 .360' 1982 .413'
SBR f 459 483
EEL C 0 148 349
E3T 2 3200 5 .048' 6 .111'
EBR f 41 155
W6: G 0
48" 2 .194' :4 .GG3•
ER 4
N.'e: A.. =. s E/A Spi" P ^.as:u
I.
TOTAL CAPACITY UTILIZATION .584 .668
A -92
0
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1.600 275 .112* 216 .135'
NET 3 4800 1455 .303 1742 .364
HER 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1709 .356' 1976 .412'
SBR f 459 483
EEL 0 0 148 349
EST 2 3200 5 .048' 6 .111'
EBR f 41 155
NBL 0 0 1 0
WET 1 1600 2 .004' 14 .009'
WBR 0 0 4 0
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .588 .667 0
Existing + Growth + Approved + Cumulative
AM PK HOUR PH PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL . 1600 275 .172' 216 .135'
NET 3 4800 1628 .339 1861 .388
NBR 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1780 .371' 2155 .449'
SBR f 459 483
EEL G 0 148 349
EST 2 32GO 5 .048' 6 .111'
EBR f 41 155
WSL C C 3
WB' . 16,0 2 .,,4' :4 .909'
I.BR J 1 4 0
Ere: Assumes E/W Sp; -- rsas:eg
TOTAL CAPACITY UTILIZATION .595 .704
0
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
275
.112'
216
.135'
NET
3
4800
1372
.286
1625
.339
NBR
0
0
1
3
EEL
1
1600
4
.003
6
.004
SET
3
4800
1589
.331`
1051
.387'
SBR
f
458
483
EEL
0
0
148
349
EBT
2
3200
5
.048'
6
.111'
EBR
f
41
154
WBL
0
0
1
0
WET
1
1600
2
.004'
14
.009'
W8R
0
6
4
0
Note:
Assumes E/W Split
Phasing
TOTAL CAPACITY UTILIZATION .555 .642
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL V/C
NBL 1 1603 275 .172' 216 .135'
NET 3 480C 1463 .305 1763 .368
NBR 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1729 .360' 1982 .413'
SBR f 459 483
EEL C 0 148 349
E3T 2 3200 5 .048' 6 .111'
EBR f 41 155
W6: G 0
48" 2 .194' :4 .GG3•
ER 4
N.'e: A.. =. s E/A Spi" P ^.as:u
I.
TOTAL CAPACITY UTILIZATION .584 .668
A -92
0
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1.600 275 .112* 216 .135'
NET 3 4800 1455 .303 1742 .364
HER 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1709 .356' 1976 .412'
SBR f 459 483
EEL 0 0 148 349
EST 2 3200 5 .048' 6 .111'
EBR f 41 155
NBL 0 0 1 0
WET 1 1600 2 .004' 14 .009'
WBR 0 0 4 0
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .588 .667 0
Existing + Growth + Approved + Cumulative
AM PK HOUR PH PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL . 1600 275 .172' 216 .135'
NET 3 4800 1628 .339 1861 .388
NBR 0 0 1 3
SBL 1 1600 4 .003 6 .004
SET 3 4800 1780 .371' 2155 .449'
SBR f 459 483
EEL G 0 148 349
EST 2 32GO 5 .048' 6 .111'
EBR f 41 155
WSL C C 3
WB' . 16,0 2 .,,4' :4 .909'
I.BR J 1 4 0
Ere: Assumes E/W Sp; -- rsas:eg
TOTAL CAPACITY UTILIZATION .595 .704
0
S. Jamboree i Birch
Existing 4 Growth 4 Approved 4 Cumulative 4 Project
AM PK HOUR PM PR HOUR
'ANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 275 .172* 216 .135*
NBT 3 4800 1636 .341 1882 .393
NBR 0 0 1 3
SBL I 1600 4 ,003 6 .004
SBT 3 4800 1800 .375' 2161 .450*
SBR f 459 483
EBL 0 0 148 349
EBT 2 3200 5 .048* 6 .111*
EBR f 41 155
WBL 0 0 1 0
WBT 1 1600 2 .004* 14 .009'
WBR C 0 4 0
Note: Assumes £/W Split Phasing
• TOTAL CAPACITY UTILIZATION .599 .705
0
A-91
6. MacArthur F Jamboree
Existing
Existing + Regional Growth + Approved
AM PK HOUR
PM PK HOUR
AM PK
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
214
.067
250
.078*
NET
3
4800
1689
.352'
539
.112
NBR
1
1600
482
.301
333
.208
SBL
2
3200
85
.027'
208
.065
SET
3
4800
304
.063
1479
.308'
SBR
f
.324'
97
f
256
110
EEL
2
3200
432
.135
199
.062
EBT
3
4800
989
.206'
864
.180"
EBR
f
.192'
215
f
51
215
WBL
2
3200
313
.098'
612
.191'
NBT
3
4800
632
.132
1026
.214
'4BR
f
.228
183
f
103
197
Existing + Regional Growth + Approved
AM PK HOUR
AM PK
AM PK HOUR
PM PK HOUR
VOL
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
222
.069
262
.082`
NET
3
4800
1759
.366'
579
.121
NBR
1
1600
483
.302
333
.208
SBL
2
3200
93
.029'
230
.072
SET
3
4800
334
.070
1557
.324'
SBR
f
110
276
2
EEL
2
3200
446
.139
216
.068
EBT
3
4800
1039
.216'
920
.192'
EBR
f
215
51
WBL
2
3200
313
.098'
613
.192'
WET
3
4800
693
.144
1092
.228
WBR
f
197
113
TOTAL CAPACITY UTILIZATION .683 .757 TOTAL CAPACITY UTILIZATION .709 .790
Existing + Growth + Approved + Project
AM PK HOUR
AM PK
LANES
CAPACITY
VOL
V/C
NBL
2
3200
222
.069
NET
3
4800
1767
.368'
NBR
1
1600
483
.302
SBL
2
3200
93
.029'
SET
3
4800
354
.074
S3R
f
2
110
93
EEL
2
3200
446
.139
LET
3
4800
1047
.218'
EBR
f
215
hSL
2
3200
313
.998'
WET,
3
4607
7;3
.149
NBR
f
1194
:97
1015
PM PK HOUR
VOL V/C
262 .082'
670 .125
333 .208
230 .072
1563 .326'
27 6
216 .768
941 .196'
51
613 .192'
;798 .229
1:3
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NE:.
2
3200
222
.069
262
.082'
NET
3
4800
1907
.397*
693
.144
HER
1
1600
501
.313
357
.223
SBL
2
3200
93
.029'
230
.072
SET
3
4800
410
.085
1715
.357'
SBR
f
Il6
294
EEL
2
3200
465
.145
227
.071
EBT
3
4806
1194
.249'
1015
.211'
EBR
f
215
51
WK
2
3200
338
106•
634
.198'
WBT
3
4607
739
.154
1250
.260
N5R
f
19+
:I3
TOTAL CAPACITY UTILIZATION .713 .796 TOTAL CAPACITY UTILIZATION .781 .8As
A-94
1]
•
6. MacArthur i Jamboree
Existing + Growth + Approved + Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
'VOL
V/C
VOL
V/C
NBL
2
3200
222
.069
262
.0821
NBT
3
4800
1915
.399'
714
.149
NBR
1
1600
501
.313
357
.223
SBL
2
3200
93
.029'
230
.072
SBT
3
4800
430
.090
1721
.359`
SBR
f
116
294
EBL
2
3200
465
.145
227
.071
EBT
3
4800
1202
.250'
1036
.216^
EBR
f
215
51
WBL
2
3200
338
.106'
634
.198'
wK
3
4800
759
.158
1256
.262
51BR
f
191
113
TOTAL CAPACITY UTILIZATION .784 .855
�J
E
A-95
7. Bayviex G Bristol south (EB)
Existing
TOTAL CAPACITY UTILIZATION .573 .655
Existing + Growth + Approved + Project
AM PA HOUR
PM PR HOUR
AM PW HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
0
0
NET
0
0
0
0
0
0
NBA
2
3200
480
.150
641
.200
SBL
0
0
0
0
0
0
SET
0
0
0
0
0
0
SBR
0
0
0
0
0
0
EBL
0
0
0
0
0
0
EBT
4
6400
2709
.423*
2913
.455*
EBR
1
1600
398
.249
144
.090
WBL
0
0
0
J
0
v
WBT
0
0
0
0
WBR
0
0
0
7
0
G
Right
Turn Adjustment
NBR
.150*
NBR
.200*
TOTAL CAPACITY UTILIZATION .573 .655
Existing + Growth + Approved + Project
AM PW HOUR
AM PR HOUR
PM PR HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
0
NET
NET
0
0
0
0
0
NBR
NBR
2
3200
480
.150
641
.200
SBL
0
0
0
0
0
SET
SET
0
0
0
0
0
SBR
SBR
0
0
0
0
0
ESL
EEL
0
0
0
0
0
EBT
EBT
4
6400
2819
.440*
3012
.471*
E3R
i
:600
396
.249
144
.090
W6:,
J
v
0
v
WK
WBT
7
0
iSR
i.BR
7
i
G
0
C
Ad. stmenr
F:gF_ -.cr.. �crsr._
YE4
._.,
NBR
.211^1
TOTAL CAPACITY UTILIZATION .590 .671
A 96
Existing + Regional Growth + Approved
AM PW HOUR PM PE HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 0 0
NET 0 0 0 0
NBR 2 3200 480 .150 641 .200
SBL 0 0 0 0
SBT 0 0 0 0
SBR 0 0 0 0
EEL 0 0 0 0
EST 4 6400 2787 .435* 2994 .468`
EBR 1 1600 398 .249 144 .090
WBL 0 0 0 0
NET 0 0 0 0
WBR 0 0 0 0
Right Turn Adjustment NBR .150* NBR .200*
TOTAL CAPACITY UTILIZATION .585 .668 0
Existing + Growth + Approved + Cunalative
AM PW HOUR
PM PE HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
NET
0
0
0
0
NBR
2
3200
480
.150
641
.200
SBL
0
0
0
0
SET
0
0
0
0
SBR
0
0
0
0
ESL
0
0
0
0
EBT
4
6400
2787
.435*
2994
.468*
EBR
1
160C
398
.249
:44
.090
XK
0
J
0
WK
6
0
iSR
$
0
Ad. stmenr
NBR
._,.
NBR
.2791
TOTAL CAPACITY UTILIZATION .585 .668
•
7. Bayviex 6 Bristol South (EB)
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR
PH PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
NET
0
0
0
0
NBR
2
3200
480
.150
641
.200
SBL
0
0
0
0
SBT
0
0
0
0
SBR
0
0
0
0
EBL
0
0
0
0
EBT
4
6400
2819
.440'
3012
.411'
EBR
1
1600
398
.249
144
.090
NBL
0
0
0
0
WBT
0
0
0
0
NBR
0
0
0
0
Right
Turn Ad)ustmnt
NBR
.150'
NBR
.200'
TOTAL CAPACITY UTILIZATION .590 .671
0
A-197
S. Jamboree t Bristol North (WE)
Existing
AM PK HOUR PM PK HOUR
:.ANES CAPAC:TY VOL VIC VOL VIC
NBL 2 3200 1267 .402' 723 .226*
NBT 2 3200 1391 .435 1293 .404
NBR f 692 833
SBL 0 0 0 0
SET 2.5 6400 645 .164' 1216 .308'
SBR 1.5 405 755
EBL 0 0 0 0
EBT 0 0 0 0
EBR 0 0 0 0
WBL 0 0 0 0
WBT 0 0 0 0
WBR 0 0 0 0
TOTAL CAPACITY UTILIZATION .566 ,534
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL VIC
NBL 2 3200 1304 .409* 745 .233*
NET 2 3200 1491 .466 1414 .442
NBR f 713 870
SBL 0 0 0 0
SET 2.5 6400 741 .179* 1323 .325*
SBR 1.5 406 757
EBL 0 0 0 0
EBT 0 0 0 0
EBR C 0 0 0
WK 0 C 0 G
WBT C C G G
WBP 0 C
TOTAL CAPACITY UTILIZATION .587 .558
A-48
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2 3200 1304 .408• 745 .233'
NBT 2 3200 1483 .463 1393 .435
NBR f 692 833
SBL 0 0 0 0
SET 2.5 6400 721 .176" 1317 .324'
SHP 1.5 406 757
EBL 0 0 0 0
EST 0 0 0 0
EBR 0 0 0 0
WBL 0 0 0 0
WBT 0 0 0 0
WBR 0 0 0 0
TOTAL CAPACITY UTILIZATION .584 .557
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NIL 2 3200 1304 .408' 745 .233*
NBT 2 3200 1656 .518 1500 .469
NBR f 692 833
SBL 0 0 0 0
SBT 2.5 6400 772 .184' 1494 .352*
SBR 1.5 406 757
EBL 0 0 0 0
EBT 0 0 0 0
EHR 0 0 C
WK C 0 0 0
nBT 0 0 0 0
WBR 3 6
TOTAL CAPACITY UTILIZATION .592 .585
0
40
•
• B. Jamboree G Bristol North (WB)
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK 3OUR
CANES CAPACITY VOL V/C VOi. V/C
NBL 2 3207 1304 .408' 745 .233,
NET 2 3200 1664 .520 1521 .475
NBR 1 713 870
SBL 0 0 0 0
SET 2.5 6400 792 .187* 1500 .353e
SBR 1.5 406 757
EEL 0 0 0 0
EBT 0 0 0 0
HER 0 0 0 0
WBL 0 0 0 0
WK 0 0 0 0
WBR 0 7 0 0
TOTAL CAPACITY UTILIZATION .595 .586
0
0
A-99
9. Jamboree d Bristol South (EB)
Existing
TOTAL CAPACITY UTILIZATION .657 .673
Existing + Growth + Approved + Project
AM PK HOUR
PM PK FOUR
AM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL V/C
NBL
0
0
0
V/C
0
NET
5
8000
2127
.273*
1843 .245
NBR
0
0
60
.297*
'15
SBL
0
0
0
60
0
SET
3
4800
675
.141
1241 .259'
SBR
0
0
0
3
0
EEL
1.5
1349
1229
.384*
973 (.414)*
EBT
1.5
4800
434
.271
1015 .414
EBR
2
3200
1168
.365
1285 .402
WBL
0
0
0
.277
0
WET
0
0
0
1265
0
WBR.
0
0
0
0
TOTAL CAPACITY UTILIZATION .657 .673
Existing + Growth + Approved + Project
AM PK HOUR
AM PK
HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
0
NET
NET
5
8000
2313
.297*
2063
.272
NBA
0
0
60
115
115
SBL
SBL
0
0
0
0
0
SET
SET
3
4800
773
.161
1349
.281*
SBR
0
0
0
0
0
EEL
EEL
1.5
1232
1232
.365*
981 (.4171*
EBT
EBT
1.5
1809
443
.277
1920
.417
EBR
2
3203
1265
.395
1168
.428
C
0
0
WET
0
0
v
;
i3R
L'5 ?.
C
5
C
R:get -
-n A*5cre-_
; :.-, Ac3scCe
-.0
LER
.;C;*
EBP
.5."
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 0 0
NET 5 8000 2287 .293* 2035 .269
NBR 0 0 60 115
SBL 0 0 0 0
SET 3 4800 753 .157 1343 .280 -
SBR 0 0 0 0
EEL 1.5 1232 .385* 981
EE? 1.5 4900 444 .278 1023 .418*
EBR 2 3200 1233 .385 1350 .422
WBL 0 0 0 0
WE 0 0 0 0
WBR 0 0 0 0
Right Turn Adjustment EBR .004*
TOTAL CAPACITY UTILIZATION .678
702
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
NET
5
8000
2460
.315*
2142
.282
NBR
0
0
60
115
SBL
0
0
0
0
SET
3
4600
804
.168
1520
.317*
SBR
0
0
0
0
EEL
1.5
1232
.365*
991
EBT
1.5
48CO
444
.278
1023
.418*
EBR
2
320C
123 3
.335
:350
.422
iiBL
C
0
0
WET
0
6
v
i3R
1
1
5
R:get -
-n A*5cre-_
LER
.;C;*
TOTAL CAPACITY UTILIZATION .682 .709 TOTAL CAPACITY UTILIZATION .700
n -100
739
is
0
0
• 9. Jamboree 4 Bristol South (EB)
Existing + Growth + Ap
LANES CAPACITY
NBL 0 0
NBT 5 8000
HER 0 0
SBL 0 0
SBT 3 4800
SBR 0 0
EBL 1.5
EBT 1.5 4800
EBR 2 3250
WBL 0 0
MT 0 0
WBR 0 0
Right Turn Adjustment
)roved + Cumulative + Project
AM PK HOUR PM PN 30UR
7CL V/C VOL V/C
0 0
2486 .318' 2170 .286
60 115
0 0
824 .172 1526 .318'
0 0
1232 .385* 981 1.41714
443 .277 1520 .417
1265 .395 1368 .429
0 0
0 0
0 0
EBR .011•
TUTA, CAPACITY UTILIZATION .703 .746
0
0
A -IM
10. Jamboree S Bayview
Existing
LANES CAPACITY
NBL I 1600
NET 4 6400
NBR 0 0
SBL I 1600
SET 4 6400
SBR 1 1600
EEL 2 3200
EBT 1 1600
EBR 1 1600
AM PK HOUR PM PK HOUR
VOL
119
1760
56
79
1658
269
34
12
42
V/C
074
284'
049'
259
168
011
008'
026
VOL VIC
57 .036
1650 .266"
51
191 .119'
2111 .330
81 .051
162 .051'
11 .00'
226 .141
WK
1 1600
17
.011' 37 .023
WBT
1 Iso0
4
.0D3 3 .002'
VIER
1 1600
79
.049 130 .081
Right
Turn Adjustment
WBR
.004' EBR .070'
TOTAL CAPACITY UTILIZATION .356 .508
Existing + Growth + Approved + Project
41 PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL I 1600 119 .074* 57 .036
NET 4 6400 1918 .308 1075 .301`
NBR 0 0 56 51
SBL
I
1600
79
.549
191
.119'
SET
4
6400
1076
.293'
2316
.362
SBR
I
1600
269
.168
81
.051
EEL
2
320C
34
.011
162
.551'
EST
1
160;
12
.008'
11
M-1
E3R
51
1630
42
.926
226
.i41
K5L
1
,tw
SET
.611'
31
.,23
riBC
-
-6:C
SBR
.793
1600
.)O2•
7:BR
81
,..,�
'3
.49
.30
,CBe
.011
162
.051'
EST
1
1600
12
Existing + Regional Growth + Approved
AM PK HOUR
AM PK
HOUR
PM PK
HOUR
VOL
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
I
1600
119
.074'
57
.036
NET
4
6400
1888
.304
1818
.292'
NBR
0
0
56
SBL
51
1600
SBL
1
1690
79
.049
191
.119`
SET
4
6400
1824
.285'
2291
.358
SBR
I
1600
269
.168
81
.051
EBL
2
3200
34
.011
162
.051'
EST
1
1600
12
.008'
11
.007
EBR
1
1600
42
.026
226
.141
WEL
1
1600
17
,011'
37
.023
WBT
I
16GO
4
.003
3
.002'
WBR
1
1600
79
.049
130
.081
Right
Turn Adjustment
ESR
EBR
.071'
TOTAL CAPACITY UTILIZATION .378 .535
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPAMY
VOL
VIC
VOL
VIC
NBL
I
1600
113
.074
57
.036
NET
4
6400
2061
.331'
1925
.309'
NBR
0
0
56
51
SBL
I
1600
79
.049'
191
.119'
SET
4
6400
1875
.293
2468
.386
SBR
1
1600
269
.168
81
.051
EEL
2
3200
34
.011
162
.051`
SET
1.
1600
12
.008'
11
.007
SBR
1
1.60G
42
.026
226
.14'.
NBL
.6L,
;:1'
37
,123
WE,
.
.a0
4
..R�
3
..C2'
WBP
_
1cli
i9
.043
i3G
.06:
=.g ^.t
'..[r. Fdys•..r:r.:
:.BP.
..,,
ESR
TOTAL CAPACITY UTILIZATION .386 .54D TOTAL CAPACITY UTILIZATION .403 .560
A -102
CJ
r 1
• 10. Jamboree 6 Bayview
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 119 .074 57 .036
NBT 4 6400 2091 .335' 1982 .318*
NBR 0 0 56 5i
SBL 1 1600 79 .049* 191 .119'
SBT 4 6400 1927 .301 2493 .390
SBR 1 1600 269 .168 91 .051
EBL 2 3200 34 .Oil 162 .051'
EBT 1 1600 12 .008* 11 .007
EBR 1 1600 42 .026 226 .141
WBL 1 1600 17 .011* 37 .023
WBT 1 1600 4 .003 3 .002*
WBR 1 1600 79 .049 130 .081
Right Turn Adjustment WBR .004* EBR .076-
0 TOTAL CAPACITY UTILIZATION .407 .566
0
A- 10.1
11. Jamboree 6 University
Existing
AM PK HOUR
LANES CAPACITY VOL V/C
NBL
1
1600
71
.044
NBT
3
4800
1457
.304'
NBR
1
1600
190
.119
SBL
2
3200
61
.019*
SET
3
4800
1295
.270
SBR
1
1600
313
.196
EBL
1.5
1600
393
.123
EST
0.5
3200
108
.157*
EBR
f
157
33
SBT
WBL
1.5
1499
295
2085
WBT
1.5
4800
15B
.094*
WBR
f
.266
165
1.5
Note:
Assumes E/W Split Phasing
PM PK HOUR
VOL ✓/C
38 .024*
i386 .289
254 .159
155 .048
1896 .395'
426 .266
223
102 .102*
26
216
129 .072*
93
TOTAL CAPACITY UTILIZATION .574 .593
Existing + Growth + Approved + Project
AM PK HOUR
AM PK
HOUR
PM PK HOUR
CAPACITY
LANES
CAPACITY
VOL
V/C
VOL
V/C
NEL
1
1600
71
.044•
38
.024*
NET
3
4600
1600
.333
1601
.334
NBR
1
1600
196
.123
263
.164
SBL
2
3200
61
.019
157
.049
SBT
3
4600
1499
.312*
2085
.434*
SBA
1
:600
313
.196
426
.266
EBL
1.5
393
223
0.5
EBT
0.5
3260
109
.:51*
102
.:,2*
EBR
f
33
26
...
4.51
i.5
.099
236
.,95*
226
:.'
iiBT.
-.5
4E00
:59
.095*
129
.J74�
WBR
f
:63
95
E� =:
Ass,res
E",,, So::t
TOTAL CAPACITY UTILIZATION .608 .634
.t -ins
Existing + Regional Growth + Approved .
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 71 .044 38 .024*
NBT 3 4800 1570 .327' 1544 .322
NBR 1 1600 191 .119 261 .163
SBL 2 3200 61 .019' 157 .049
SBT 3 4800 1447 .301 2060 .429'
SBR 1 1600 313 .196 426. .266
EBL 1.5 393 223
EST 0.5 3200 109 .157* 102 .102'
EBR f 33 26
WBL 1.5 296 224
WBT 1.5 4800 159 .095* 129 .074*
WBR f 169 95
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .598 .629
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VO;,
V/C
VOL
V/C
NBL
1
1600
71
.044
38
.024'
NBT
3
4800
1743
.363*
1651
.344
NBA
1
1600
266
.166
309
.193
SBL
2
3200
61
.019'
157
.049
SBT
3
4800
1498
.312
2237
.466*
SBR
1
1600
313
.196
426
.266
EBL
1.5
393
223
EBT
0.5
3200
109
.151*
102
.102*
EBR
f
33
26
WB:.
...
3:8
.099
304
.,95*
WBT
:.'
1810
.59
.J99'
129
.081
,NBR
f
_„
95
L-te: nSsj7e5 E/i* Sp:::
TOTAL CAPACITY UTILIZATION .638 .687
11
L
0
0 11. Jamboree a University
Existing + Growth + Approved + Cumulative + Project
P;1 PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 71 .044 38 .024'
NET 3 4800 17,73 .369* 1708 .356
NBR 1 1600 271 .169 3:1 .194
SBL 2 3200 61 .019* 157 .049
SET 3 4800 1550 .323 2262 .471*
SBR 1 1600 313 .196 426 .266
EEL 1.5 393 223
EBT 0.5 3200 109 .157' 102 .102'
EBR f 33 26
WBL 1.5 318 .099 306 .096'
WBT 1.5 4800 159 .099' 129 .081
WBR f 169 95
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .644 .693
r,
0
N -105
12. Jamboree i Bison
Existing
TOTAL CAPACITY UTILIZATION .465 .518
Existing + Growth + Approved + Project
All PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL VIC
NBL 0 0 0 0
NET 3 4800 1480 ,352' 1883 .422`
NBA 0 0 208 144
SBL 2 3200 200 .063' 196 .061'
SBT 3 4800 1803 ,376 2182 .455
SBR 1 1600 196 .123 118 .074
EBL 1 1600 116 .073' 67 .042
EBT 0 0 0 1
EBR 7: 35
NBL 2 320; i48 .546 26: .M,
W3" 0 0 p
ARR 2 52,0 179 .;56 :94 .061
TOTAL CAPACITY UTILIZATION .497 .571
A -106
•I
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 3 4800 1444 .343' 1824 ,409'
NBR 0 0 202 141
SBL 2 3200 200 .063' 196 .061'
S8T 3 4800 1750 .365 2155 ,449
SBR 1 1600 196 .123 118 .074
EBL 1 1600 116 .073' 67 .042
EBT 0 0 0 1
EBR f 71 35
WBL 2 3200 145 .045 276 .086'
WBT 0 0 0 0
WBR 2 3200 179 ,056 194 .061
Right Turn Adjustment WBR ,009'
TOTAL CAPACITY UTILIZATION .488 .556 .
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
N1 PK -HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
0
0
NET
3
4890
1346
.322'
1669
.376,
NBA
0
0
201
0
138
SBL
2
3200
196
.061'
181
.057*
SBT
3
4800
1601
.334
2003
.417
SBR
1
1600
196
,123
118
.074
EBL
i
1600
116
.073'
67
,042
EBT
0
0
0
0
0
EBR
f
EBR
71
35
WBL
2
3200
144
.045
273
.085'
WET
0
0
0
0
WBR
2
3200
175
.055
191
.060
Right Turn Adjustment
WBR
.009'
TOTAL CAPACITY UTILIZATION .465 .518
Existing + Growth + Approved + Project
All PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL VIC
NBL 0 0 0 0
NET 3 4800 1480 ,352' 1883 .422`
NBA 0 0 208 144
SBL 2 3200 200 .063' 196 .061'
SBT 3 4800 1803 ,376 2182 .455
SBR 1 1600 196 .123 118 .074
EBL 1 1600 116 .073' 67 .042
EBT 0 0 0 1
EBR 7: 35
NBL 2 320; i48 .546 26: .M,
W3" 0 0 p
ARR 2 52,0 179 .;56 :94 .061
TOTAL CAPACITY UTILIZATION .497 .571
A -106
•I
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 3 4800 1444 .343' 1824 ,409'
NBR 0 0 202 141
SBL 2 3200 200 .063' 196 .061'
S8T 3 4800 1750 .365 2155 ,449
SBR 1 1600 196 .123 118 .074
EBL 1 1600 116 .073' 67 .042
EBT 0 0 0 1
EBR f 71 35
WBL 2 3200 145 .045 276 .086'
WBT 0 0 0 0
WBR 2 3200 179 ,056 194 .061
Right Turn Adjustment WBR ,009'
TOTAL CAPACITY UTILIZATION .488 .556 .
Existing + Growth + Approved + Cumulative
N1 PK -HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
0
NBT
3
4800
1656
.387`
1956
.437'
NBR
0
0
202
141
SBL
2
3200
211
.066'
233
.073'
SBT
3
4800
1812
.378
2375
.495
SBR
1
1606
196
.123
118
.074
EBL
1
1601
116
.073'
67
.042
EBT
0
0
0
1
EBR
f
7i
35
WBL
2
320,
145
.045
276
.686'
WcF
2
i2 ;6
216
.;68
2:7
. ',63
TOTAL CAPACITY UTILIZATION .544 .596 0
12. Jamboree i Bison
existing + Growth + Approved + Cumulative + Project
AM PK FOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 0 0
NBT 3 4600 1692 .396' 2015 .450'
NBR 0 0 208 144
SBL 2 3200 211 .066* 233 .073'
SBT 3 4800 1865 .389 2402 .500
SBR 1 1600 196 .123 118 .G74
EBL 1 1600 116 .073' 67 .042
EBT 0 0 0 1
EBR f 71 35
WBL 2 3200 146 .046 281 .088'
WBT 0 0 0 0
WBR 2 3200 216 .068 217 .068
Right Turn Adjustment WE .Cip
. TOTAL CAPACITY UTILIZATION .553 .611
0
A -107
13. Jamboree S Ford
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 2 3200 364 .114' 362 .113'
NET 3 4800 1300 .291 1785 .415
NBR 0 0 98 208
SBL 1 1600 61 .03E 44 .028
SBT 3 4800 1541 .321' 2132 .444'
SBA 1 1600 161 .104 49 .031
EEL 1.5 232 66 .041
EST 1.5 4800 239 .098* 212 .066'
EBR f 271 255
WBL 1.5 131 .082 181
WET 1.5 4800 358 .112' 157 .070'
WBR 1 1600 33 .021 35 .0422
Note: Assumes E/W Split Phasing
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 2 3200 367 .115' 366 .114'
NBT 3 4800 1405 .313 1955 .452
NBR 0 0 99 213
SBL 1 1600 61 .038 45 .028
SBT 3 4800 1691 .352' 2289 .477`
SBR 1 1600 158 .105 49 .031
EEL 1.5 233 66 .041
EST 1.5 4800 244 .599' 212 .066'
EBR f 274 259
WK 1.5 133 .083 185
WBT 1.5 4800 368 .115' 157 .071'
WBR 1 1600 34 .021 35 .022
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .645 .693 TOTAL CAPACITY UTILIZATION .681 .728
Existing + Growth + Approved + Project
AM PK
AM PK
HOUR
PM PK
HOUR
VOL
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
367
.115*
366
.114'
NBT
3
4800
1447
.322
2017
.465
NBR
D
0
99
SBL
213
1600
SBL
1
1600
61
.038
45
.028
SBT
3
4800
1745
.364`
2321
.484'
SBR
1
16C0
168
.105
49
.031
EEL
1.5
66
233
EST
66
.041
EST
'_.5
4900
244
.099*
212
.066'
EBR
f
268
274
WBL
253
iBL
?.5
2:8
133
.563
'35
46;5
W6:
i. `,
48:G
368
.42:5'
157
.0742'
WBR
.:35
'. 6CG
424
.12:
35
.522
Nctc:
Ass -mes
EIW So-' it
P ^as1..o
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK HOUR
LANES CAPACI ?Y
VOL
V/C
VOL
V/C
NBL
2
3200
316
.11B'
371
.116'
NET
3
4800
1595
.356
2074
.486
HER
0
0
112
257
SBL
1
1600
67
.042
67
.042
SBT
3
4800
1747
.364'
2487
.518'
SBR
1
1600
168
.105
49
.031
EBL
i.5
233
66
.041
EST
1.5
4600
259
.103`
266
.083'
E3R
f
277
268
WBL
.. `.
:77
.::1
2:8
46;5
4';
.IK-
190
.583'
WER.
-69;
56
.:35
45
.030
Ass reS E.
7: Spit
Pzas. :C
TOTAL CAPACITY UTILIZATION .693 .735 TOTAL CAPACITY UTILIZATION .716 .800
AAA
0
0
0 13. Jamboree 6 Ford
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK YOUR
LANES CAPACITY VOL V/C VOL 4/C
NBL 2 3200 316 .118' 371 .116*
NBT 3 4800 1637 .364 2136 .495
NBA 0 1 112 257
SBL 1 1600 67 .042 67 .042
SK 3 4800 '- -801 .315' 2519 .525*
SBR 1 160C 168 .'M 49 .G31
EK 1.5 233 66 .Ml
EBT 1.5 4800 259 .103' 266 .083`
EBR -" 277 268
WBL 1.5 177 .li: 210
WET 1.: 4800 419 .131' 190 .083*
WBR 1 160, 56 .015 48 .930
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .727 .807
•
4 -hi9
14. Jamboree i San Joaquin Hills
Existing
TOTAL CAPACITY UTILIZATION .567 .581
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
i600
41
.G26
67
.042
NBT
3
4800
1143
.238'
1598
.333+
NBR
f
1760
129
NBA
135
SBL
2
3200
665
.208'
443
.138'
SBT
3
4800
1227
.256
1855
.386
SBR
f
2012
37
SBA
117
EBL
1.5
117
258
.081'
162
.051'
EBT
1.5
4800
33
.021
34
.021
ERR
f
39
59
EBR
57
WBL
1.5
57
128
.040'
189
.059'
WBT
1.5
4800
12
.008
39
.024
WBR
1
1600
42
.026
67
.042
Note:
Assumes E/W Split Phasing
1`4
.:09
TOTAL CAPACITY UTILIZATION .567 .581
Existing + Growth + Approved + Project
AM PK
HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
41
.026
68
.043
NBT
3
4800
1253
.261'
1760
.367'
NBA
f
134
145
SBL
2
3200
724
.226'
504
.158'
SBT
3
4800
1407
.293
2012
.419
SBA
f
37
117
EBL
1.5
258
.081'
153
.G5?
EST
1,5
48CO
33
.021
39
.024
EBR
f
`.9
57
WBL
1..5
:44
.G45'
205
.064,
430;
12
.758
39
.324
W5R
i
:6CC
96
.0 ?0
1`4
.:09
TOTAL CAPACITY UTILIZATION .613 .640
A -I 10
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 41 .G26 68 .043
NBT 3 4800 1253 .261' 1760 .367'
NBR f 134 145
SBL 2 3200 670 .209' 472 .148"
SBT 3 4800 1407 .293 2012 .419
SBR f 37 117
EBL 1.5 258 .081' 163 .051'
EBT i.5 4800 33 .021 39 .024
EBR f 59 57
WBL 1.5 144 .045' 205 .064'
WBT 1.5 4800 12 .008 39 .024
WBR 1 1600 54 .034 112 .070
Note: Assumes EM Split Phasing
TOTAL CAPACITY UTILIZATION .596 .630
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 41 .026 68 .043
NET 3 4890 1431 .298' 1908 .398'
NBR f 134 145
SBL 2 3200 679 .212' 510 .159'
SBT 3 4800 1501 .313 2206 .460
SBR f 37 117
EBL 1.5 258 .GKI 163 .051'
EBT 1.5 480: 33 .021 39 .024
ERR f 59 57
WB:, 1.5 :44 .043' 203 .064'
YBT 1.5 4603 12 .COB 39 .024
WBR :SOG 88 .C55 132 .i83
K °:e1 nsS.Ies E''6: B. _t ?has:. ".y
TOTAL CAPACITY UTILIZATION .536 .672
40
40
0
0 14. Jamboree i San Joaquin Sills
Existing + Growth + Appro71908 + Project
M PK HCOR
LANES CAPACITY OL V/C
NBL 1 1600 68 .043
NBT 3 4800 18 .398' NBR f 45
SBL 2 3200 733 .229' 542 .169*
SBT 3 4800 1501 .313 2206 .460
SBR f 37 117
EBL i.5 258 .081* 163 .051,
EBT 1.5 4800 33 .021 39 .024
EBR f 59 57
WBL 1.5 144 .045° 205 .064'
WBT 1.5 4800 12 .008 39 .024
WBR 1 1600 130 .081 194 .i2l
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .653 .682
0
•
A -III
15. Jamboree 6 Santa Barbara
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 6 .004 9 .006`
NET 3 4800 1225 .255' 1118 .233
NBR 1 1600 323 .202 119 .074
SBL 2 3200 560 .175' 291 .091
SBT 3 4800 809 .169 1781 .371'
SBA 1 1600 23 .014 28 .018
EBL 1 1600 62 .039` 26 .016'
EBT 1 1600 3 .007 8 .008
EBR 0 0 8 4
kIBL 1.5 5i 307
WBT 0.5 3200 2 .0178 5 .998'
WBR 1 1600 93 .058 662 .414
Right Turn Adjustment WBR .208'
Note: Assumes E /Y7 Split Phasing
TOTAL CAPACITY UTILIZATION .486 .699
Existing + Growth + Approved + Project
AM PK
AM PK
HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NEL
1
1600
6
.004
9
.006'
NBT
3
4800
1315
.214'
1242
.259
NBR
1
1600
324
.203
126
.079
SBL
2
3200
514
.179'
295
.C92
SBT
3
4800
941
.196
1911
.398'
SBR
1
;60G
24
.015
34
.021
EBL
L
1660
66
.043'
28
.018'
EBT
I
.600
?
.GG7
9
.008
EBR
0
8
8
q
4
WK
WBL
i.3
52
69
368
3i3
WK.
';ST
i.5
J2pJ
2
.622#
6
. -,C'
i.BR
.36-'
X69
.4 =:
TOTAL CAPACITY UTILIZATION .518 ,731
A•I 12
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 6 .004 9 .006'
NBT 3 4800 1315 .214' 1242 .259
NBR 1 1600 323 .202 120 .075
SBL 2 3200 574 .179* 295 .092
SBT 3 4800 941 .196 1911 .398'
SBR 1 1600 24 .015 34 .021
EBL 1 1600 68 .043' 28 .018'
EBT 1 1600 3 .007 9 .008
EBR 0 0 8 4
WBL 1.5 52 308
"T 0.5 3200 2 .017' 6 .098'
WBR 1 1600 98 .061 669 .418
Right Turn Adjustment WBR .211'
Noce: Assumes E /F1 Split Phasing
TOTAL CAPACITY UTILIZATION .513 .731
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK HOUR
LANES
CAPAMY
VOL
VIC
VOL
VIC
NBL
1
1600
6
.004
9
.006'
NBT
3
4800
1493
.311`
1390
.290
NBR
1
1600
323
.202
120
.075
SBL
2
3200
574
.179'
295
.092
SBT
3
4800
1035
.216
2105
.439#
SBR
1
1600
24
.015
34
.021
EBL
1
1603
68
.643'
28
.018'
EBT
L
:660
3
.C37
9
.9C8
EBR
G
C
8
q
WK
_.5
52
368
WK.
,.5
_2,0
2
.„LI'
6
.G98'
.36-'
X69
.4 =:
TOTAL CAPACITY UTILIZATION .550 .765
n
L..J
I ,
0
0
15. Jamboree 6 Santa Barbara
Existing : Growth : Approved t Cunalative : Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 6 .004 9 .006'
NET 3 4800 1493 .311' 1390 .290
NBR 1 1600 324 .203 126 .079
SBL 2 3200 574 .179' 295 .092
SET 3 4600 1035 .216 2105 .439*
SBR 1 1600 24 .015 34 .C21
EEL 1 1600 68 .043' 28 .018'
EST 1 1600 3 M1 9 .008
EBR 0 0 8 4
WBL 1.5 69 313
WBT 0.5 3200 2 .922* 6 .100"
WBR 1 :600 98 .061 669 .418
Right Turn Adjustment WBR .202'
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .555 .765
A -113
16. Jamboree 6 Coast Hwy
Existing
AM PK HOUR
AM PK HOUR
PM PR ROUR
LANES
AM PK FOUR
PM PK HOUR
VOL
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
20
.013
37
.023
NET
2
3200
374
.146•
265
.113'
NBR
0
0
94
SBL
96
1600
SBL
1
1600
137
.086'
176
.110'
SET
2
3200
206
.064
431
.135
SBR
f
1576
758
EEL
1453
4800
EEL
3
4800
1228
.256'
778
.162'
EBT
4
6400
1806
.285
1635
.259
EBR
0
0
13
WBL
2:
3207
WEL
2
3200
94
.029
202
.063
WBT
4
6400
1069
.167`
1952
.305'
WEN
f
i75
89
169
TOTAL CAPACITY UTILIZATION .655 .690
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PR ROUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
20
.013
38
.024
NET
2
3200
375
.147'
266
.114'
HER
0
0
94
98
38
SBL
SBL
1
1600
147
.092'
189
.1181
SBT
2
3200
207
.065
434
.136
SBR
f
924
897
1596
1576
EBL
EEL
3
4800
1315
.2741
893
.1861
EBT
4
E400
1929
.304
1726
.274
EBR
0
0
;4
25
25
MB'_
WBL
2
3207
94
.G29
27;
.064
WE"
4
c4C�G
1:49
.:6v`
2559
.329'
WER
I
24
69
277
i75
TOTAL CAPACITY UTILIZATION .693 .746
A -I 14
Existing + Regional Growth + Approved
AM PK HOUR
All PK HOUR
F1 PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
20
.013
38
.024
NET
2
3200
375
.147'
266
.114'
NBR
0
0
94
98
98
SBL
SBL
1
1600
147
.092'
189
.118'
SET
2
3200
207
.065
434
.136
SBR
f
924
880
1596
1571
EBL
EEL
3
4800
1314
.274'
887
.185'
EBT
4
6400
1900
.299
1719
.273
EBR
0
0
14
25
25
MB'_
WEL
2
3200
94
.029
205
.064
WET
4
6400
1134
.1771
2068
.323'
WBR
f
24
89
277
173
TOTAL CAPACITY UTILIZATION .690 .740
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
V/C
NBL
1
1600
29
.013
38
.024
NET
2
3200
375
.147'
266
.1141
HER
0
0
94
98
SBL
1
1600
197
.123'
358
.224'
SET
2
3200
207
.065
434
.136
SBR
f
924
1596
EBL
3
4800
1327
.2761
931
.1941
EBT
4
6400
2007
.316
2065
.327
EBR
0
0
14
25
MB'_
2
320:,
54
.G29
2C
.064
WET
4
6400
:44G
.224'
2281
_356'
'riBF.
[
24
277
TOTAL CAPACITY UTILIZATION .771 .888
C�
u
E
9 16. Jamboree 6 Coast Hwy
Existing + Growth + Approved + Cumulative + Project
AM PK
HOUR
PN PK
HCUR
LANES
CAPACITY
VOL
V/C
VOL
' //C
NBL
1
1600
20
.013
3S
.324
NBT
2
3200
375
.147*
266
.114*
NBR
0
0
94
98
SBL
1
1600
197
.123*
358
.224*
SBT
2
3200
207
.065
434
.136
SBR
f
941
1601
EBL
3
4800
1328
.277*
937
.195*
EBT
4
6400
2036
.320
2072
.328
EBR
0
0
14
25
WBL
2
3200
94
.C29
205
.064
14K
4
64DD
1455
.227*
2312
.361*
WBR
f
254
277
TOTAL CAPACITY UTILIZATION .774 .894
9
L_J
A -I 15
17. MacArthur 6 Bison
Bxisting
AM PK FOUR PK PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 2 3200 197 .062 192 .060*
NET 4 6400 2466 .385' 2454 .383
NBR f 154 183
SBL 2 3200 76 .024" 224 .070
SET 4 6400 2018 .315 2707 .423*
SBR 1 1600 263 .164 321 .20i
EEL 2 3200 224 .070 192 .060
EDT 2 3200 218 .068* 191 .060*
EBR f 162 214
WBL 2 3200 383 .120* 363 .113*
WET 2 3200 217 .066 266 .083
WER 1 1600 94 .059 141 .088
Ll
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL V/C
NBL 2 3200 198 .962 196 .061'
NBT 4 6400 2542 .397* 2542 .397
NBR f 154 184
SBL 2 3200 76 .024` 224 .070
SRI 4 6400 2081 .325 2802 .438*
SBR 1 1600 266 .166 335 .209
EEL 2 3200 229 .072 198 .062
EDT 2 3200 219 .068* 191 .060*
EBR f 163 216
WBL 2 3200 384 .120* 363 .113*
WBT 2 3200 218 .068 267 .083
WBR I 1600 95 .059 141 .088
TOTAL CAPACITY UTILIZATION .597 .656 TOTAL CAPACITY UTILIZATION .609 .672
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 2 3290 198 .062 196 .061*
NET 4 6400 2567 .401* 2605 .407
NBR 162 205
SBL 2 3200 76 .024* 224 .070
SET 4 6400 2142 .335 2823 .441*
SBR 1 1600 266 .166 335 .209
EEL 2 3200 229 .072 198 .G62
EDT 2 3200 225 .070* 194 .061*
EBR f 163 216
WEL 2 3200 4G4 .126* 369
W6_ 2 32rr,0 219 .362 272 .085
iIBR i60C ,. .059 i4i .058
Existing + Growth + Approved + Cunulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NEL 2 3200 198 .062 196 .061*
NET 4 6400 2693 .4214 2635 .412
NBR f 154 184
SBL 2 3200 80 .025* 239 .015
SET 4 6400 2126 .332 2957 .462*
SBR 1 1600 266 .166 335 .209
EEL 2 3200 229 .072 198 .062
EBT 2 3290 230 .072* 228 .071*
EBR f 163 216
WB1 2 3209 384 .:20, 363 .113*
143T 2 32GG 255 .687 29G .,91
''7SR ' :66G .069 :S0 .G94
TOTAL CAPACITY UTILIZATION .621 .678 TOTAL CAPACITY UTILIZATION .638 .707
1 -116
• 17. MacArthur 6 Bison
Existing + Growth + Approved + Cmulative + project
AM PA
HOUR
?M H HOUR
LANES
CAPACITY
VOL
V1C
VOL
71C
NBL
2
3200
198
.062
196
.061'
NBT
4
6400
2718
.425*
2698
.422
NBR
f
:62
205
S81,
2
3200
80
.025*
239
.075
SET
4
6400
2187
.342
2978
.465*
SBR
1
:690
266
.166
335
.209
EBL
2
3200
229
.072
198
.C62
EBT
2
3200
236
.014*
231
.012'
EBR
f
163
216
WK
2
3200
4U4
.126*
369
.115*
WBT
2
3200
256
.0BD
295
.392
WBR
1
1600
110
.069
1:0
.094
TOTAL CAPACITY UTILIZATION .650 .713
0
A.I 17
18. MacArthur i Ford /Bonita Canyon
Existing
TOTAL CAPACITY UTILIZATION .721 .775
Existing + Growth + Approved + Project
P24 PK HOUR
PM PK HOUR
AM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
VIC
NBL
2
3200
107
.033
61
.019
NET
4
6400
1918
.300'
2348
.367'
NBR
f
.394'
83
f
468
92
SBL
2
3200
529
.165'
774
.2421
SBT
4
6400
1923
.300
2328
.364
SBR
f
.383
13
f
49
13
EBL
2
3200
39
.012
27
.108
EBT
2
3200
266
.0831
299
.093'
EBR
1
1600
121
.076
61
.039
WBL
2
3200
552
.1731
232
.073'
WET
2
3200
323
.301
280
.088
'WBR
f
.083
900
f
480
96:
TOTAL CAPACITY UTILIZATION .721 .775
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
2
3200
108
.034
63
.020
NET
4
6400
2013
.315'
2520
.394'
HER
f
159
92
556
483
SBL
SBL
2
3200
529
.165'
775
.2421
SET
4
6400
2072
.324
2448
.383
SBR
f
13
13
50
50
EEL
EEL
2
32CO
40
.01.3
27
.008
EBT
2
3200
261
.083'
300
.094'
EBR
1
1600
123
.077
62
.,39
WBL
2
3203
56;
.:75'
245
.C77'
WET
2
32,6
323
..C1
26:
.083
tiER
f
94:
96:
`.:3
430
TOTAL CAPACITY UTILIZATION .738 .887
A -i 18
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2 3200 108 .034 63 .020
NBT 4 6400 1979 .309' 2436 .381+
NBR f 87 4B1
SBL 2 3200 529 .165' 775 .242'
SST 4 6400 1992 .311 2420 .378
SBR f 13 50
EBL 2 3200 40 .C13 27 .008
EBT 2 3200 267 .083" 300 .094'
EBR 1 1600 123 .077 62 .039
WBL 2 3200 561 .1751 243 .016`
WBT 2 3200 323 .101 2B1 .088
WBR I 901 480
TOTAL CAPACITY UTILIZATION .732 .793
Existing + Growth + Approved + Cumnlative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
2
3270
108
.034
63
.020
NET
4
6400
2190
.327'
2,506
.392'
NBR
f
159
556
SBL
2
3200
540
.169'
815
.255'
SET
4
6400
2026
.317
2535
.396
SBR
f
13
50
EEL
2
3210
40
.013
27
.008
EET
2
3200
282
.068'
354
.III'
EBR
1
1600
123
.011
62
.039
WBL
2
'233
623
.175-
318
WET
2
32,0
441
. :33
352
.,99•
.1C
A53
f
94:
`.:3
TOTAL CAPACITY UTILIZATION .779 .857
0
C�
0 18. MacArthur d Ford/Bonita Canyon
0
0
Existing + Growth + Approved + Cumulative + Project
AM PR 'HOUR
PM PK HOUR
LANES
IAPACfT7
VOL
V/C
VOL
V/C
NBL
2
3200
108
.034
63
.020
NBT
4
64C0
2124
.332'
2590
.4G5*
NBR
f
164
558
S8L
2
3200
540
.169'
815
.255'
SBT
4
6400
2106
.329
2563
.400
SBR
f
13
50
EBL
2
3200
40
.013
27
.008
EBT
2
3200
282
.3884
354
.111*
EBR
1
1600
123
.077
fit
.039
WBL
2
3200
625
.195'
320
.lC0*
WBT
2
3200
441
'38
352
.;10
WBR
f
941
503
TOTAL CAPACITY UTILIZATION .784 .871
A -119
19. MacArthur 6 San Joaquin Hills.
Existing
AM PK HOUR
AM PK HOUR
PM PK
HOUR
AM PK HOUR
PM PK
HOUR
VOL
LANES
CAPACITY
VOL
V/C
VOL
V/C
N3L
2
3200
133
.042'
III
.035
NET
3
4800
1327
.276
1879
.391*
NBR
1.
1600
192
.120
26
.016
SBL
2
3200
272
.085
498
.156'
SBT
3
4800
1761
.367•
1882
.392
SBR
f
293
487
EBL
248
3200
EEL
2
3200
449
.1404
551
.172•
EDT
3
4800
105
.030
348
.106
EBR
0
0
37
NBL
163
16GG
WBL
I
1600
9
.006
47
.029
MST
2
3200
322
.101'
306
.096'
WBR
f
`e5
419
525
TOTAL CAPACITY UTILIZATION .658 .815
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PK
HOUR
LANES
LANES
CAPACITY
VOL
V/C
'JOE
V/C
NBL
2
3200
143
.045*
122
.0'8
MET
3
4800
1376
.287
1965
.4�9*
NBA
I
1600
192
.120
26
.016
SBL
2
3200
275
.086
503
.157'
SK
3
4800
1843
.384'
1954
.407
SBR
f
494
576
263
293
EBL
EBL
2
3200
493
.154•
666
.208*
EDT
3
4800
108
.030
39
.107
EBR
0
0
17
163
163
WBL
NBL
I
16GG
9
.006
47
.629
INET
2
12CC
323
.CG3'
3i3
.:96*
WBP.
F
419
4ia
525
`e5
TOTAL CAPACITY UTILIZATION .686 .072
A -120
Existing + Regional Growth + Approved
AM PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
143
.045'
122
.038
NBT
3
4800
1376
.287
1965
.409*
NBR
1
1600
192
.120
26
.016
SBL
2
3200
275
.086
503
.157'
SBT
3
4800
1843
.384*
1954
.407
SBR
f
523
494
293
263
EBL
EBL
2
3200
453
.142'
579
.181•
EDT
3
4600
108
.030
350
.107
EBR
0
0
37
163
163
8BL
WBL
I
1600
9
.006
47
.029
WBT
2
3200
329
.103'
313
.098'
WBR
f
419
525
TOTAL CAPACITY UTILIZATION .674 .845
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
143
.045'
122
.038
NET
3
4800
1492
.311
2046
.426'
NBR
I
1600
221
.118
128
.080
SBL
2
3200
291
.091
549
.172a
SBT
3
4600
1897
.3954
2068
.431
SBR
f
523
293
EBL
2
3200
481
.159'
611
.191'
EDT
3
4800
126
.034
418
.121
EBR
0
0
37
163
8BL
i
=656
9�
.061
115
.072
'WB".
2
32vi
392
.i23*
3353
VIER
f
TOTAL CAPACITY UTILIZATION .713 .899
0
•
E
0
�J
0
19. MacArthur i San Joaquin Bills
Existing + Growth + Approved + Cumulative + Project
+ Growth
+ Appr
+ Cumul +
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
143
.045'
122
.538
NBT.
3
4800
1492
.311
2046
.426'
NBR
1
1600
221
.138
128
.080
SBL
2
3200
291
.091
549
.172'
SBT
3
4609
1891
.395'
2168
.431
SBR
f
.395'
605
.431
323
f
EEL
2
3200
521
.163'
698
.218'
EST
3
4800
126
.834
41B
.121
EBA
0
0
37
.121
163
0
WBL
1
1600
97
.061
115
.072
WBT
2
3200
392
.123'
353
.110'
WBR
f
.123'
459
.110'
536
f
Exist
+ Growth
+ Appr
+ Cumul +
Project
w /Mitigation
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
143
.045'
122
.038
NBT
3
4800
1492
.311
2046
.426'
NBR
1
1600
221
.138
128
.080
SBL
2
3200
291
.091
549
.172'
SBT
3
4800
1691
.395'
2066
.431
SBR
f
605
323
EBL
3
4800
521
.109'
698
.145'
EBT
3
4800
126
.034
418
.121
EBR
0
0
37
163
WBL
1
1600
97
.061
115
.072
WBT
2
3200
392
.123'
353
.110'
WBR
f
459
556
TOTAL CAPACITY UTILIZATION .726 .926 TOTAL CAPACITY UTILIZATION
A-121
.672 .853
20. MacArthur L San Niguel
Existing
TOTAL CAPACITY UTILIZATION .443 .710
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
AM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
87
.027
98
.031'
NBT
3
48OG
1514
.315'
1000
.2C8
NBR
1
1600
282
.176
278
.174
SBL
2
3200
7
.002'
9
.GG3
SBT
3
4600
1209
.252
1500
.313'
SBR
1
1600
549
.343
578
.318
EBL
2
3200
86
.027
909
.284'
EBT
2
3200
73
.033*
472
.196
EBR
0
0
31
0
154
42
WK
2
3200
224
.010`
217
.068
WET
2
320C
164
.063
232
.082'
WBR
0
0
38
5
29
35
Right
Turn Adjustment
SBR
.023'
5:men
TOTAL CAPACITY UTILIZATION .443 .710
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3200
88
.028
104
.033 -
NBT
3
4800
1567
.326'
1039
.216
NBR
1
1600
282
.176
278
.174
SBL
2
3200
9
.0O3*
13
.004
SBT
3
4900
1247
.260
1549
.323•
SBR
1
1600
551
.344
511
An
EBL
2
3200
88
.028
916
.286'
EBT
2
3200
75
.037,
490
.205
EBR
0
0
42
201
167
.42L
WK
2
3206
224
.077-
217
.068
ART
2
7207
172
.066
237
.G83•
5
36
35
29
29
5:men
TOTAL CAPACITY UTILIZATION .448 .725
1 -122
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 2 3200 87 .027 100 .031*
NBT 3 4800 1567 .326` 1039 .216
NBR 1 1600 282 .176 278 .174
SBL 2 3200 9 .003' 13 .004
SBT 3 4800 1247 .260 1549 .323'
SBR 1 1600 551 .344 511 .319
EBL 2 3200 88 .028 916 .286'
EBT 2 3200 75 .033 484 .203
EBR 0 0 31 164
WBL 2 3200 224 .070` 217 .068
NBT 2 3200 165 .063 244 .885'
WBR 0 0 38 29
Right Turn Adjustment SBR .012•
TOTAL CAPACITY UTILIZATION .444 .725
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PY HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
2
3280
124
.039
122
.038'
NBT
3
4800
1712
.357'
1222
.255
NBR
1
1600
282
.176
278
.174
SBL
2
3200
9
.003'
13
.009
SBT
3
4800
1369
.269
1731
.361•
SBR
1
i600
551
.344
511
.319
SBL
2
3200
88
.02B
916
.286'
EBT
2
3200
75
.037•
484
.214
EBR
0
G
43
201
.42L
2
32',G
223
.670'
217
.968
FBT
2
328.,
165
.C63
244
.1185'
O; BR.
5
36
29
TOTAL CAPACITY UTILIZATION .467 .770
0
•
20. MacArthur a San Miguel
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2 3200 125 .039 126 .C39*
NET 3 4800 1712 .357* 1222 .255
HER 1 1600 282 .176 278 .174
SBL 2 3200 9 .003' 13 .004
SBT 3 4800 1389 .289 1731 .361'
SBR 1 1600 551 .344 511 .319
EBL 2 3200 88 .02B 916 .286*
EBT 2 3200 l5 .04�* 490 .21P
EBR 0 0 54 204
WBL 2 3200 224 .070* 217 .068
WBT 2 3200 172 .066 237 .083'
WBR 0 0 38 29
TOTAL CAPACITY UTILIZATION .470 .769
E
0
A -123
21. MacArthur i Coast Hwy
Existing
TOTAL CAPACITY UTILIZATION .705 .640
Existing + Growth + Approved + Project
41 PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 601 .188* 861 .269"
SBT 0 0 0 0
SBR f 348 1033
EBL 2 3200 988 .309* 535 .167*
EST 3 4860 923 ,192 1412 .294
EBR 0 6 0 C
5L U 0
WK 3 4860 I:53 .247' ".;94 .22 %'
i3R 9:8 9 � 4
TOTAL CAPACITY UTILIZATION .738 .664
A -121
0
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
N3L 0 0 0 0
NBT 0 9 0 0
NBR 0 0 0 0
SBL 2 3200 590 .184* 858 .268'
SBT 0 C 0 0
SBR f 348 1033
ESL 2 3200 988 .309' 535 .167*
EST 3 4800 921 .192 1397 .291
EBR G 0 0 0
NBL 0 0 0 0
NBT 3 4605 1141 .238" 1096 .228"
WBR f 917 900
TOTAL CAPACITY UTILIZATION .731 .663 40
Existing + Growth + Approved + Cumulative
AIM PK
HOUR
PM PK
HOUR
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
0
0
0
NBT
0
0
0
0
0
0
NBR
0
0
0
G
0
0
SBL
2
3200
571
.178'
829
.259'
SBT
0
0
0
0
0
0
SBR
f
f
337
450
1003
1119
EBL
2
3200
954
.298'
515
.161'
EBT
3
4800
888
.165
1349
.281
ERR
0
0
0
0
0
0
NBL
0
0
0
0
WBT
3
4800
1099
.229*
1058
.220*
WBR
f
f
887
871
TOTAL CAPACITY UTILIZATION .705 .640
Existing + Growth + Approved + Project
41 PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 601 .188* 861 .269"
SBT 0 0 0 0
SBR f 348 1033
EBL 2 3200 988 .309* 535 .167*
EST 3 4860 923 ,192 1412 .294
EBR 0 6 0 C
5L U 0
WK 3 4860 I:53 .247' ".;94 .22 %'
i3R 9:8 9 � 4
TOTAL CAPACITY UTILIZATION .738 .664
A -121
0
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
N3L 0 0 0 0
NBT 0 9 0 0
NBR 0 0 0 0
SBL 2 3200 590 .184* 858 .268'
SBT 0 C 0 0
SBR f 348 1033
ESL 2 3200 988 .309' 535 .167*
EST 3 4800 921 .192 1397 .291
EBR G 0 0 0
NBL 0 0 0 0
NBT 3 4605 1141 .238" 1096 .228"
WBR f 917 900
TOTAL CAPACITY UTILIZATION .731 .663 40
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
0
NBT
0
0
0
0
NBR
G
0
G
0
SBL
2
3200
640
.200*
992
.310*
SBT
0
0
0
0
SBR
f
450
1119
EBL
2
3200
1036
.324*
654
,204'
`.BT
.,
480,
:029
.214
1'91
.373
EBR
0
0
0
27
_
SKc
::06
.310
1321
.2'6*
ASP
f
TOTAL CAPACITY UTILIZATION .838 .790
0
21. MacArthur i Coast Hwy
Wsting + Growth + Approved + Cumulative + Project
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
'Vol V/C
NBL
0
0
0
0
NET
0
0
0
0
NBR
0
0
0
0
S3L
2
3200
651
.2031
995 .3'_1�
SBT
0
0
0
0
SBR
f
450
1119
EEL
2
3200
1036
.329*
654 .209'
EBT
3
4800
1031
.215
1806 .376
EBR
0
0
0
0
WBL
0
0
0
0
NET
3
4800
1526
.318*
1325 .2761
WBR
f
1053
990
TOTAL CAPACITY UTILIZATION .845 .791
0
A -125
22. Santa Cruz a San Joaquin Rills
Existing
AM PK HOUR
AN PK HOUR
LANES
CAPACITY
VOL
AM PK HOUR
PM PK HOUR
2
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
2
3200
60
.019•
413
.129'
NBT
1
1600
2
.008
12
.035
NBR
C
a
10
a
44
23
SBL
1
1600
21
.013
22
.014
SBT
2
3200
11
.007'
S
.003'
SBR
0
0
23
.014
45
.028
EEL
1
1600
30
.019
55
.034`
EST
3
4800
494
.150'
324
.101
EBR
a
a
224
.125
199
.124
WBL
1
1600
181
.113'
54
.034
WBT
3
4800
286
.065
495
.111'
WBR
0
a
28
37
TOTAL CAPACITY UTILIZATION .289 .277
Existing + Growth + Approved + Project
AM PK HOUR
AN PK HOUR
LANES
CAPACITY
VOL
VIC
NBL
2
3200
96
.039'
NET
1
1630
2
.008
NBR
a
a
11
1
SBL
1
1600
21
.013
SBT
2
3230
12
.008`
SBR
a
a
23
.014
EBL
1
1600
30
.019
EBT
3
4800
544
.161'
EBR
0
0
229
23
AK
1
1607
:82
._141
NBT
3
4960
293
.06i
N3R
3
C
2E
.150'
PM PK HCUR
VOL V/C
427 .133•
12 .035
44
23 .014
5 .0031
45 .028
55 .0341
334 .1C4
222 .139
34 .C34
544 .121'
TOTAL CAPACITY UTILIZATION .313 .291
A -12h
Existing + Regional Growth + Approved
AN PK HOUR
AM PK HOUR
PM PK
HOUR
CAPACITY
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
2
3200
61
.019'
413
.129'
NBT
1
1600
2
.008
12
.035
NBR
0
0
11
44
1
SBL
1
1606
21
.013
23
.014
SBT
2
3200
12
.008'
S
.003'
SBR
0
0
23
.014
45
.028
EBL
1
1600
30
.019
55
.034'
EBT
3
4800
495
.150'
324
.101
EBR
0
0
224
.125
200
.125
WBL
1
1600
182
.114'
54
.034
WBT
3
4800
286
.065
496
.iii'
WBR
0
0
28
37
TOTAL CAPACITY UTILIZATION .291 .277
Existing + Growth + Approved + Cwolative
AN PK HOUR
P14 PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
2
3200
61
.0191
413
.1291
NBT
1
1600
2
.008
12
.035
NBR
0
0
11
44
SBL
1
1600
31
.019
32
.020
SBT
2
3200
12
.008'
S
.003•
SBR
0
0
23
.014
45
.028
EBL
1
1600
30
.019
55
.034'
EBT
3
4800
504
.:52'
362
.113
ERR
0
0
224
200
.125
11BL
1
1E00
1'.2
.1i41
54
.034
WK
4800
ii!
.674
516
.!:I-
Nn
C
35
47
TOTAL CAPACITY UTILIZATION .293 .283
•
17J
1
0
22, Santa Cruz d San Joaquin Sills
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR
PM P3
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
N&
2
3200
96
.030*
427
.i33*
NET
1
1600
2
.G08
12
.035
NOR
0
0
11
44
SBL
1
1600
31
.019
32
.020
SET
2
3200
12
.008*
5
.003*
SBR
0
0
23
.014
45
.028
EBL
1
1600
30
.019
55
.034*
EBT
3
4800
553
.163*
372
.116
EBR
0
0
229
222
.139
WBL
1
1600
132
.114*
54
.034
08T
3
4800
327
.075
564
.127*
WOO.
0
0
35
47
TOTAL CAPACITY UTILIZATION .315 .297
0
A -1'_7
23. Santa Rosa 6 San Joaquin Hills
Existing
PM PK HOUR
VOL VIC
167 .104'
28 .018
372 .233
61 .042
7 .004'
24 .015
36 .023
597 .1441
96
250 .078"
244 .069
86
NSR .1081
Existing + Regional Growth + Approved
AM PK FOUR
LANES
CAPACITY
VOL
VIC
NBL
1
1600
35
.522
NBT
1
1600
6
.004E
NBR
1
1600
67
.042
SBL
1
1600
66
.0411
SET
1
1600
13
.008
SBR
1
1600
36
.023
EBL
1
1600
33
.021
EST
3
4800
253
.079,
EBR
0
0
142
.089
WBL
2
3200
531
.1661
WBT
3
4800
445
.104
WBR
a
0
56
4800
Right Turn Adjustment
.0811
602
PM PK HOUR
VOL VIC
167 .104'
28 .018
372 .233
61 .042
7 .004'
24 .015
36 .023
597 .1441
96
250 .078"
244 .069
86
NSR .1081
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES
LANES
CAPACITY
VOL
VlC
VOL
VlC
NBL
1
1600
46
.029
175
.109+
NBT
1
1600
6
.004'
2B
.018
NBR
1
1600
70
.044
398
,249
SBL
1
1600
66
.041'
67
.042
SBT
1
1600
13
.008
7
.004'
SBR
1
1600
36
.023
24
.015
EBL
1
1600
34
,021
36
.023
EBT
3
4800
256
.0811
602
.1481
EBR
0
0
149
.093
106
WBL
WBL
2
3200
538
.168'
274
.086'
Wei
3
4800
463
.108
269
.074
HER
0
0
56
86
86
?act
Right
Turn Adjustment
� 4
.,:5'
NBR
.1131
TOTAL CAPACITY UTILIZATION .290 .438 TOTAL CAPACITY UTILIZATION .294
Existing + Growth + Approved + Project
AM PH
HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
i
1600
53
.033
223
.139*
NBT
1
1606
6
.004'
28
.018
NBR
1
1600
99
.062
409
.256
SBL
1
:600
66
.041'
67
.042
SET
1
1600
13
.008
7
.004'
SBR
1
1600
16
.023
24
.015
EBL
1
1600
34
.021
36
.023
EBT
3
4800
258
.081'
6C2
.150*
EBR
0
0
198
.124
ii6
WBL
2
3200
542
.i69'
288
.690'
NBT
3
48;0
443
.,9
269
.,74
WER
0
56
86
?act
:.,... 6d ;:;'rsct
� 4
.,:5'
131
.:b7•
TOTAL CAPACITY UTILIZATION .310 .470
A-[28
.460
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL V1C
NBL 1 ;600 46 .029 175 .109'
NET 1 1600 6 .004* 28 .018
NBR 1 1600 81 .051 440 .275
SBL 1 1600 81 .051* 79 .049
SET 1 1600 13 .008 7 .004,•
SBR 1 1600 36 .023 24 .015
EBL 1 1600 34 .021 36 .023
EBT 3 4800 217 .081' 649 .1571
EBR 0 0 :49 .093 106
WBL 2 3205 577 .180. 299 .093'
WK 483: K4 .:i9 299 .083
'n ER
TOTAL CAPACITY UTILIZATION .322 .504
L]
4D
0
0 23. Santa Rosa 6 San Joaquin Hills
Existing + Growth + Approved + Cumulative + Project
AM PA
HOGR
PM 2K
FOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NEL
1
1600
53
.033
223
.129'
NBT
1
1600
6
.004'
28
.018
NBR
1
1600
110
.069
451
.282
SBL
1
1600
81
.051`
79
.049
SBT
1
1600
13
.008
7
.004'
SBR
1
1600
36
.023
24
.015
EBL
L
1600
34
.021
36
.023
EST
3
4800
277
.087-
643
.159'
M,
C
9
198
.124
116
WBL
2
3260
581
.182-
313
.093'
WBT
3
4800
504
.119
299
.083
MR
C
0
67
100
Right
Turn Adjustment
ESP
.002'
NBR
.1'4-
TOTAL CAPACITY UTILIZATION .326 .514
0
r
1
A. 121)
24. San Miguel F San Joaquin Hills
Existing
AM PK HOUR
AM PK HOUR
LANES
CAPACITY
VOL
AM PK HOUR
P14 PK HOUR
_
LANES
CAPACITY
VOL
VIC
VOL
'• //'
NBL
1
1600
2
.001
11
.007
NET
2
3200
229
.100*
499
.222*
NBR
0
.133
91
a
210
102
SBL
1
1600
67
.042*
85
.053*
SBT
2
3200
316
.131
241
.106
SBR
0
0
102
;6;0
97
133*
EEL
2
3200
214
.067
514
.161*
EST
3
4800
492
.107*
431
.093
ERA
0
0
23
'_
14
1
WBL
1
1600
213
.133*
264
.165
WET
3
4800
6E3
.151
784
.177*
WBR
a
a
60
67
TOTAL CAPACITY UTILISATION .382 .613
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
LANES
CAPACITY
VOL
VIC
NBL
_
1600
2
.001
NET
2
3290
229
.100*
NBR
a
0
90
2
SBL
1
1600
67
.042*
SET
2
3200
325
.133
SBR
a
0
102
1600
EEL
2
3200
214
.067
EST
3
4800
493
.108*
EBR
0
a
23
102
WBL
_
;6;0
2.3
133*
SBT
_
48 v3
6E:
.161*
K5R
0
I
6;
.108*
PM PK HOUR
VOL VIC
11 .007
514 .228*
215
85 .053*
248 .108
97
514 .161*
431 .093
14
266 .166
IEc 1771
E7
TOTAL CAPACITY UTILIZATION .383 .619
n -tan
Existing + Regional Growth + Approved
AM PK HOUR
AM PK
HOUR
PM PK HOUR
CAPACITY
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
2
.001
11
.007
NET
2
3200
229
.100*
505
.226*
NBR
0
0
91
218
1
SBL
i
1600
67
.042*
85
.053*
SET
2
3200
316
.131
249
.108
SBR
0
0
102
97
2
EEL
2
3200
214
.067
514
.161*
EBT
3
4800
493
.108*
431
.093
EBR
0
0
23
14
'_
WBL
1
1600
215
.134*
272
.170
WBT
3
4800
663
.151
784
.177*
WBR
0
a
60
67
TOTAL CAPACITY UTILIZATION .384 .617
Existing + Growth + Approved + Cmiative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
2
.001
11
.007
NET
2
3200
229
.100*
505
.226*
NBR
a
a
91
218
SBL
1
1600
67
.042*
85
.053*
SET
2
3200
316
.131
249
.108
SBR
0
0
102
97
EEL
2
3200
214
.067*
514
.161*
EST
3
4800
556
A21
647
.138
EBR
0
a
23
14
W3L
'_
:600
2'5
.'34
272
.170
WET
=
4300
854
.19;*
921
.2C6*
1125
9
5C
61
TOTAL CAPACITY UTILIZATION 399 .646
`J
0
0 24. San Miguel i San Joaquin Sills
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR
PM PK
HCUR
LANES
CAPAC :TY
VOL
V(C
VOL
Vic
NBL
1
1600
2
.001
11
W,
NET
2
3200
229
.100'
514
.228'
NBR
0
0
90
215
SBL
1
1600
61
.042*
85
.053*
SBT
2
3206
325
.133
248
.108
SBR
0
0
102
97
EBL
2
3200
214
.067'
514
.161"
EBT
3
4800
556
.121
647
.138
EBR
0
0
23
'_4
WBL
1
1600
213
.133
266
.166
WET
3
4800
954
.190*
921
.206*
WBR
0
0
6G
67
TOTAL CAPACITY UTILIZATION .399 .648
0
0
A.I!1
25. Avocado F San Niguel
Existing
TOTAL CAPACITY UTILIZATION .480 .748
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
AM PK HCUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
123
.077
176
.110*
NET
1
1600
148
.093*
60
.038
NBR
1
1600
121
.076
655
.409
SBL
1
1600
51
.032*
222
.139
SET
1
1600
51
.032
129
.081"
SBR
1
1600
16
.010
21
.013
EEL
1
1600
7
.004
182
.114*
EST
2
3200
148
.063*
444
.169
EBR
0
0
53
EBR
98
0
WBL
1
1600
467
.292*
174
.109
NET
2
3200
435
.194
492
.178*
WBR
0
0
187
?i3R
76
Right "urn Adjustment
r8
NBR
.265*
TOTAL CAPACITY UTILIZATION .480 .748
Existing + Growth + Approved + Project
AM PK HCUR
AM PK
HOUR
PM PK HOUR
CAPACITY
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
123
.077
176
.1L0*
NET
1
1600
197
.123*
70
.044
HER
1
1600
121
.076
655
.409
SBL
1
1600
52
.033*
232
.145
SET
1
1600
58
.036
177
.111*
SBR
1
1600
16
.010
21
.013
EEL
1
1600
7
.004
182
.114*
EBT
2
3200
158
.C66*
467
.177
EBR
0
0
53
98
WEi.
1
1600
46E
.292*
-14
.109
WET
2
32GC
434
.197
572
.'6'*
?i3R
:E7
I 9 7
r8
N3R
.244'
TOTAL CAPACITY UTILIZATION .514 .760
A -132
0
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 123 .077 176 .110*
NET 1 1600 148 .093* 60 .038
NBR 1 1600 121 .076 655 .409
SBL 1 1600 51 .032* 222 .139
SET 1 1600 51 .032 129 .081*
SBR 1 1600 16 .010 21 .013
EEL 1 1600 7 .004 182 .114*
EST 2 3200 148 .063* 466 .176
EBR 0 0 53 98
WBL 1 1600 467 .292* 174 .109
WET 2 3200 435 .194 508 .183*
WBR 0 0 187 76
Right Turn Adjustment NBR .266*
TOTAL CAPACITY UTILIZATION .480 .754 0
Existing + Growth + Approved + Cumulative
AM PK HCUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
123
.077
176
.110*
NET
1
1600
148
.093*
60
.038
NBR
1
1600
121
.076
655
.409
SBL
1
1600
51
.032*
222
.139
SET
1
1600
51
.032
129
.081*
SBR
1
1600
16
.010
21
.013
EBL
i
1600
7
.004
182
.114*
EST
2
3210
160
.067*
503
.188
EBR
G
;,
53
98
'WBL
16.0
467
.292*
114
.109
NET
2
3260
472
.20E
53C
.i69*
'r'BP
u
3
:E7
76
TOTAL CAPACITY UTILIZATION .484 .765
0
9 25. Avocado 6 San Niguel
Existing + Growth + Approved + CSmulative + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL '✓IC
NBL 1 1600 123 .077 176 .1i0*
NBT 1 1600 191 .123' 70 .044
NBR 1 1600 121 .076 655 .409
SBL 1 1600 52 .G33* 232 .145
SBT 1 1600 58 .036 177 .111'
SBR 1 1600 16 .010 21 .013
EBL 1 1600 7 .G04 '82 ,114 -
EBT 2 3200 170 .010* 504 .188
EBR 0 0 53 98
WBL 1 1600 467 .292' 174 .109
WBT 2 3200 471 .209 524 .188*
WBR 0 0 :97 78
Right Turn Adjustment NBR ,2W
TOTAL CAPACITY UTILIZATION .518 .770
0
A- 1.13
26. Superior /Balboa 6 Coast Hwy
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1.5 202 261
NET 1.5 4800 327 .129* 209 .111*
NBR 0 89 65
SBL 1.5 170 163
SBT 1.5 4800 122 .061' 237 .083*
SBR 2 3200 187 .058 738 .231
EBL 2 3200 988 .309 255 .080*
EDT 3 4800 2242 .467* 1169 .244
EBR 1 1600 238 .149 225 .141
WEL 1 1600 61 .038* 147 .092
WBT 4 6400 582 .121 2165 .359*
WBR 0 0 206 .129 134
Right Turn Adjustment SBR .088*
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .695 .721
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1.5 203 261
NBT 1.5 4800 357 .135* 218 .114*
NBR 0 89 66
EEL 1.5 170 163
S3T 1.5 4800 128 .062* 269 .090*
SBR 2 3200 237 .065 868 .271
EBL 2 3200 1:11 .347 293 .692`
E5:' 3 46G0 2388 .498* 156 .262
EBR :6C0 238 .149 228 .:43
71BL 6: 2B' '.47 .;92
WE? 4 64Gi 651 . -34 2329 .385*
2;6
TOTAL CAPACITY UTILIZATION .733 .793
A -131
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1.5 203 261
NET 1.5 4800 357 .135* 218 .114*
NBR 0 89 66
SBL 1.5 170 163
SBT 1.5 4800 128 .062* 269 .090`
SBR 2 3200 207 .065 868 .271
EBL 2 3200 1111 .347 293 .092*
EDT 3 4800 2377 .495* 1248 .260
EBR 1 1600 238 .149 228 .143
WBL 1 1600 61 .038* 147 .092
WET 4 6400 633 .131 2314 .383*
WBR 0 0 206 134
Right Turn Adjustment SBR .112*
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .730 .791
Existing + Growth + Approved + Cmulative
AM PK
HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NHL
1.5
203
261
NBT
1.5
4800
371
.138*
233
.117*
NBR
0
89
66
SBL
1.5
193
242
SBT
1.5
4800
134
.0681
297
.112*
SBR
2
3200
230
.072
982
.307
EBL
2
3200
:167
.365
354
.M1
EDT
3
4800
2423
.5G5*
1406
.293
EBR.
-
:6GG
258
.149
228
.143
:E,0
6:
.:38*
:47
.',92
NET
6430
'86
.64
24,9
.405*
nE3
0
252
.: -c
..-
.t.
......
.._.
J?
.. :2.
TOTAL CAPACITY UTILIZATION .749 .857
n
U
Is
• 26. Superior /Balboa i Coast Hwy
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PR HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1.5 203 261
NBT 1.5 4800 371 .138' 233 .lilt
NBR 0 89 66
SBL 1.5 193 242
SBT 1.5 4600 134 .068' 297 .112`
SBR 2 3200 230 .072 982 .307
EBL 2 3209 1167 .365 354 .111'
EBT 3 4800 2434 .507' 1414 .295
EBR 1 1600 238 .149 228 .143
WBL 1 1600 61 .038` :47 .092
W5T 4 6400 806 .168 2424 .407'
NBR O 0 282 .176 191
Right Tarn Adjustment SBR .112'
Note: Assumes N/S Split Phasir.9
0 TOTAL CAPACITY UTILIZATION .751 .859
I 1
1
-135
27. Newport 6 Coast Hwy
Existing
AM PH HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0
0
0
NBT 0 0
0
PM PK HOUR
0
LANES
NBR 0 0
0
V/C
0
V/C
SBL 2 3200
384
.120*
617
.193'
SBT 0 0
0
NBT
0
0
SBR 1 1600
269
.168
470
.294
EBL 0 0
0
0
0
0
EBT 2 3200
2075
.648*
1267
.396*
ERR f
487
.229*
267
0
WBL 0 0
0
0
0
SBR
WBT 3 4600
979
.204
1848
.385
WBR f
370
EBL
563
0
Right Turn Adjustment
0
0
SBR
.093*
TOTAL CAPACITY UTILIZATION .768 .682
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
0
NBT
NBT
0
0
0
0
0
NBR
NBR
0
0
0
0
0
SIN,
SBL
2
3200
419
.131*
732
.229*
SBT
0
0
0
0
0
SBR
SBR
1
1600
313
.196
510
.319
EBL
0
0
0
0
0
EBT
EBT
2
3260
2151
.672*
1383
.432*
EBR
1
5CE
506
282
282
WEI.
W5L
C
G
C
C
W3T
W3T
3
4800
I053
.219
1332
.433
W °BR
385
361
584
5d,
cg.-
3_ght '5555
,;S
C.T.P ^[
SBP
..i9'
553
.;68'
TOTAL CAPACITY UTILIZATION .803 .729
A -136
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 0 0
NET 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 409 .128* 728 .228*
SBT 0 0 0 0
SBR 1 1600 313 .196 510 .319
EBL 0 0 0 0
EBT 2 3200 2140 .669* 1375 .430*
ERR 1 506 282
WIN, 0 0 0 0
WBT 3 4800 1035 .216 1917 .399
WBR f 381 580
Right Turn Adjustment SBR .068*
TOTAL CAPACITY UTILIZATION .797 .726
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
0
NBT
0
0
0
0
NBR
0
0
0
0
SIN,
2
3200
426
.133*
813
.254*
SBT
0
0
0
0
SBR
1
1600
313
.196
510
.319
EBL
0
G
0
0
EBT
2
3200
2207
.690*
1613
.504*
EBR
I
5CE
282
WEI.
B
C
0
C
W3T
3
490G
_265
.264
2656
.429
5738
f
385
584
cg.-
5555. Ad- us,:".P.
SBP
..i9'
TOTAL CAPACITY UTILIZATION .823 .767
0
• 27. Newport 6 Coast Hwy
0
Existing + Growth + Approved + Cumulative + Project
AM PR FOUR PM PR HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 436 .136' 817 .255'
SBT 0 0 0 0
SBR 1 1600 313 .196 510 .319
EEL 0 0 0 0
EBT 2 3206 2218 .693` 1621 .507*
` -BR f 506 282
WBL 0 0 0 0
WET 3 48GO 1284 .268 2073 .432
WBR f 385 584
Right Turn Adjustment SBR .008'
TOTAL CAPACITY OTILIIATION .829 .770
A-137
28. Riverside 6 Coast M
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 O 2 (.001}* 26
NET 1 1600 6 .005 7 .029*
NBR 0 0 0 14
SBL 0 0 85 841052)*
SET 1600 15 063* 7 057
SER 1 1600 301 188 433 271
EBL 1 1600 280 175 268 168*
EBT 2 3200 2094 660* 1528 484
EBR 0 0 18 21
WBL 1 1600 9 .006* 28 018
WBT 3 4800 1232 257 2430 .506*
WEIR 1 1600 68 043 65 041
Right Turn Adjustment SBR ,038*
Note: Assumes Right -Turn Overiap for SBR
TOTAL CAPACITY UTILIZATION .730 .793
Existing + Growth + Approved + Project
AM PK
AM Pit HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
COL
V/C
NBL
0
0
2
001}*
26
NET
1
1600
6
.005
7
NBR
0
0
0
14
.029*
SBL
0
0
87
86 1
05414
SET
1
1600
15
064*
7
.058
SBR
1
1600
301
188
433
.271
EBL
1
1600
?80
175
268
168*
EBT
2
3200
2294
.723'
1783
.168*
564
EBR
0
0
;9
2!
WBL
600
9
.CO6*
23
Ci8
;1BT
3
4SOr
.436
_'99
268;
;59*
SBR
6OD
69
.543
68
;4's
'.
TOTAL CAPACITY UTILIZATION .794 .846
A -I3R
Existing + Regional Growth + Approved
AM PK HOUR PY PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 2 ( 01 26
NET 1 1600 6 .005 7 .029*
NBR 0 0 0 14
SBL 0 0 87 86 {,054)*
SET 1 1600 15 .064* 7 .058
SBR 1 1600 301 188 433 .271
EBL 1 1600 280 .175 268 .168*
SET 2 3200 2272 716* 1770 .560
EBR 0 0 18 21
IVBL 1 1600 9 006* 28 .018
WET 3 4800 1410 294 2658 554*
WBR 1 1600 69 .043 68 043
Right Turn Adjustment SBR .036*
Note Assumes Right -Turn Overlap for SBR
TOTAL CAPACITY UTILIZATION .787 .841
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM P1.029*
LANES
CAPACITY
VOL
V/C
VOL
NBL
0
0
2 (
001 J *
26
NBT
1
1600
6
005
7
NBR
0
0
0
14
SBL
0
0
92
901.056)*
SET
1
1600
15
.067*
7
.061
SBR
1
1600
301
188
433
.271
EBL
1
1600
280
.175
268
168*
EBT
2
3200
2361
.743*
2097
662
E3R
G
0
18
2:
F,3L
1611C
9
006'
28
.5:8
'BT
3
4900
.687
35,
I-849
594'
BR
a50
73
146
G45
'.
TOTAL CAPACITY UTILIZATION .817 .881
0
0
0
0 28. Riverside 6 Coast Huy
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 0 0 2 (.00G* 26
NET 1 1600 6 005 7 029*
NBR 0 0 0 14
SBL 0 0 92 90 (.0561*
SET 1 1600 15 .067` 7 061
SBR 1 1600 301 .188 433 27'.
EBL 1 1600 280 175 268 .168*
EBT 2 3200 2383 .750* 2ilO 666
EBR 0 0 18 21
11E1. 1 1600 9 006* 28 .0'.8
WET 3 4800 1713 357 2876 599`
WBR 1 1600 73 .046 72 045
Right Turn Adjustment SER .034"
Note: Assumes Right Turn Overlap for SBR
• TOTAL CAPACITY UTILIZATION .824 .886
0
A -137
29. Tustin 6 Coast Hwy
Existing
AM PK F%R PM PK HOUR
:ANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 1 (.001)`
NBT 1 1600 0 .000 0 .004
NBR 0 0 0 6
SBL 0 0 36 45
SBT 1 1600 0 .033' 0 .053E
SBR 0 0 16 40
EBL 1 1600 27 .017 32 .020'
EBT 2 3200 2241 .700" 1548 .486
EBR 0 6 0 7
W8L 1 1600 1 .001' 0 .500
WBT 3 4800 1236 .258 2462 .513'
WBR 1 1600 39 .024 47 .029
Existing + Regional Growth + Approved
AM PK HOUR
AM PK
HOUR
PM PK
HOUR
CAPACITY
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
w
1 1.0011`
W
NBT
1
1600
0
.000
0
.004
NBR
0
0
0
6
0
SBL
0
0
36
45
1
SET
1
1600
0
.033'
0
.053'
SBR
0
0
16
40
1
EBL
1
1600
27
.017
32
.020`
EBT
2
3200
2417
.755,
17D1
.534
EBR
0
0
0
7
i
ML
1
1600
1
.001'
0
.000
NBT
3
4800
1340
.279
2663
.555'
WBR
1
1600
39
.024
47
.029
TOTAL CAPACITY UTILIZATION .734 .587 TOTAL CAPACITY UTILIZATION .789 .629
Existing + Growth + Approved + Project
AM PK HOUR
AM PK
HOUR
PM PK
HOUR
CAPACITY
LANES
CAPACITY
VOL
V/C
VOL
VIC
NBL
0
0
0
w
1 4.O
W
NBT
1
:600
0
.000
G
.004
NBR
0
0
0
6
0
SBL
0
0
36
45
1
SET
1
1600
0
.033'
0
.053'
SBR
0
0
16
40
1
EBL
1
1600
27
.017
32
.020'
EBT
2
3200
2439
.762'
1714
.536
EBB
0
G
0
7
i
NBL
1
:560
1
.101'
o
.030
WET
3
{870
.3366
.265
2696
.561•
+;3R
i
iSGL
1.9
.724
47
.029
Existing + Growth + Approved + Cmaative
AM PK HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
1 {.O
w
NBT
1
1600
0
.000
0
.004
NBR
0
D
0
6
SBL
0
0
36
45
SBT
1
1600
G
.033`
0
.053`
SBR
0
0
16
40
EBL
1
1600
27
.017
32
.020
EBT
2
3200
2511
.785•
2033
.638'
EBR
0
G
0
7
WBL
i
:650
G
.000
W6"
3
48,0
:629
.338
2660
.596
W9R
i50:
39
.024
47
.,L7
TOTAL CAPACITY UTILIZATION .796 .634 TOTAL CAPACITY UTILIZATION .819 .692
A•u0
•
0
0 29. Tustin i Coast Hwy
i
•
Existing + Growth + Approved + Cumulative + project
AM PH HOUR
PM PH
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
0
1 (.00W
NOT
1
1609
0
.000
0
.064
NOR
0
0
0
6
SOL
0
0
36
45
SOT
1
1600
0
.033*
0
.053*
SBA
0
0
16
40
EBL
1
1600
27
.017
32
.020
EST
2
3200
2533
.792*
2046
.642*
EBR
0
0
0
7
VOL
1
1600
1
.001*
0
.100
WBT
3
4800
1646
.343
2887
.601
WEE
1
1600
39
.024
47
.029
TOTAL CAPACITY UTILIZATION .826 .696
30. Dover d Coast Huy
Existing
TOTAL CAPACITY UTILIZATION .674 .742
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
AN PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
15
.009
36
.023
NET
2
3200
38
.018`
49
.026"
NBR
0
0
21
0
34
21
SBL
3
4800
621
.171'
105B
.220'
SET
I
1600
31
.019
77
.048
SBR
1
1600
124
.078
175
.109
EBL
2
3200
143
.045
133
.042'
EST
3
4600
2251
.475'
1457
.312
ERR
0
0
27
0
40
27
WBL
I
1600
16
.010`
55
.034
NET
3
4800
1207
.251
2178
.454'
WBR
f
.490'
497
f
1108
5.2
TOTAL CAPACITY UTILIZATION .674 .742
Existing + Growth + Approved + Project
AN PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
15
.069
36
.023
NBT
2
3200
38
.018'
49
.026'
NBR
0
0
21
34
34
SBL
SBL
3
4800
835
.114"
1072
.223'
SBT
1
1600
31
.019
77
.04B
SBR
I
1600
142
.089
203
.127
EBL
2
3200
157
.049
170
.053+
EBT
3
4800
2408
.501'
1595
.341
EBR
0
0
27
40
49
;43L
W8L
I
;690
16
.O,G'
55
.034
WBT
3
480E
1321
.275
2352
.490'
WBR
f
586
5.2
;:E9
1:29
TOTAL CAPACITY UTILIZATION .709 .792
n -112
Existing + Regional Growth + Approved
AN PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
15
.009
36
.023
NET
2
3200
38
.018'
49
.026'
NBR
0
0
21
34
34
SBL
SBL
3
4800
826
.172`
1071
.223`
SBT
1
1600
31
.019
77
.048
SBR
1
1600
142
.089
203
.127
EBL
2
3200
157
.049
170
.053'
EST
3
4800
2385
.503'
1582
.338
EBR
0
0
27
40
40
;43L
WBL
1
1600
16
.010
55
.034
WBT
3
4800
1295
.270
2325
.484'
WBR
f
586
506
;:E9
1118
TOTAL CAPACITY UTILIZATION .703 .786
Existing + Growth + Approved + Cumulative
AN PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
15
.009
36
.023
NET
2
3200
38
.018'
49
.026'
NBR
0
0
21
34
SBL
3
4800
854
.178'
1154
.240'
SBT
1
1600
31
.019
77
.048
SBR
1
1600
142
.089
203
.127
EBL
2
3200
157
.049
170
.053`
EBT
3
4800
2480
.522'
1914
.407
EBR
0
0
27
40
;43L
i
'870
16
.0:0'
55
.034
WB:
3
48',0
1575
.328
2522
.525'
WBR
I
586
;:E9
TOTAL CAPACITY UTILIZATION .728 .844
•
0
J
0 30. Dover d Coast Evy
Existing + Growth + Approved + Cumulative + Project
AA PK HOUR
PN. PR
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
15
.009
36
.023
NBT
2
3200
38
.Oi9*
49
.026'
NBR
0
O
21
34
SBL
3
4800
863
.180'
1155
.241'
SBT
1
1600
31
.019
77
.048
SBR
1
1600
142
.089
203
.127
EBL
2
3200
157
.049
170
.053'
EST
3
4800
2502
.527'
1927
.410
EBR
0
0
27
40
WBL
1
1600
16
.010'
55
.034
WBT
3
4800
1E01
.334
2549
.531•
WBR
f
592
1119
TOTAL CAPACITY UTILIZATION .735 .851
\-143
31. Bayside L Coast Hwy
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 394 477
NET 0.5 4800 17 .093* '7 ,'09*
NBR 0 35 29
SBL 1 1600 19 .012 27 .017
SET 1 1600 9 .017* 11 .026*
SBR 0 0 18 30
EBL 1 1600 26 .016 48 .030*
EST 3 4800 2800 .583* 1947 .406
EBR 1 1600 344 .215 424 .265
WBL 1 1600 62 .039* 74 .046
WBT 4 6400 1407 .222 3026 .477*
WBR 0 0 14 29
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .732 .642
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NBT 0.5 4800 17 .994* ;7 .1100*
NBR 0 36 29
SBL 1 1600 63 .039* 98 .061*
SBT 1 1600 9 .028 ;1 .044
SBR 0 0 36 59
EEL 1 '600 61 .038 74 .046*
EBT 3 4800 2917 .62G* 2396 .437
EBR _ ;600 346 .216 431 .269
W3;. 1 :6C0 62 .039* 74 .046
W37 4 64:7 =534 .252 3245 .5__'
f@5 v I; 23
TOTAL CAPACITY UTILIZATION .792 .728
A -144
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NET 0.5 4800 17 .094* 17 .110*
NBR 0 36 29
SBL 1 1600 63 .039* 98 .061*
SET 1 1500 9 .028 11 .044
SBR 0 0 36 59
EEL 1 1600 61 .038 74 .046*
EST 3 4800 2946 .6,4* 2083 .434
ERR 1 1600 346 .216 431 .269
WBL _ 1600 62 .039* 74 .046
WBT 4 6400 1502 .237 3203 .505*
WBR 0 0 14 29
Note: Assumes NIS Split Masirg
TOTAL CAPACITY UTILIZATION .766 .722
Existing + Growth + Approved + Comlative
Alt PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NET 0.5 4800 17 .094* 17 .110'
NBR 0 36 29
SBL 1 1600 68 .043* 102 .064*
SRI 1 1600 9 .028 11 .044
SBA 0 0 36 59
EBL 1 1610 51 .038 74 .046'
EBT. 3 4800 3G62 .638* 2468 .514
78R '_ 1.609 346 .Z!6 431 .259
,BL 1 :610 62 .039' 74 .C46
4 54GC :349 .152 343. .542'
575R Z _5 33
apitc
TOTAL CAPACITY UTILIZATION .614 362
•
•
0 31. Bayside c Coast Hwy
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK HOUR
LRNES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NBT 0.5 4800 11 .094' 17 .i10'
NBR 0 36 29
SBL 1 1600 E8 .G43* 102 .064'
58T 1 1600 9 .028 11 .044
SBR 0 0 36 59
EBL 1 1600 61 .038 14 .C46'
EBT 3 4800 3093 .644° 2481 .517
EBR 1 1600 346 .216 431 .269
WBL 1 1600 62 .039' 74 .046
W8T 4 6400 1881 .291 3414 .548`
WBR 0 0 18 33
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .820 .768
A -135
32. Newport Center d Coast Hwy
Existing
TOTAL CAPACITY UTILIZATION .356 .532
Existing + Growth + Approved + Project
AM PK HOUR Pt4 PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 44 .014* 135 .042*
SET 0 0 0 0
SBR f 102 572
EBL 2 3200 268 .084 321 .100*
EST 3 4800 1726 .360* 1633 .340
EBR 0 0 0 0
WBL 0 0 9 0
WB: i 4880 1278 .266 :973 .411*
.13R f 223 :54
TOTAL CAPACITY UTILIZATION .374 .553
A•146
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 5 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 46 .814* 144 .045*
SBT 5 0 0 0
SBR f 91 570
EBL 2 3200 268 .9B4 320 .100*
EST 3 4800 1697 .354* 1627 .339
EBR 0 0 0 0
WBL 0 "v 0 0
WBT 3 4800 1274 .265 1944 .405*
WBR f 226 166
TOTAL CAPACITY UTILIZATION .366 .550
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 46 .014* 144 .045*
SBT 0 0 0 0
SBR f 91 570
ESL 2 3200 268 .084' 320 .100*
EBT 3 4800 1853 .386 2140 .446
ESE 0 0 0 0
WBL 0 0 6 0
WBT 3 4805 1143 ,363* 2261 .411'
WBR I
1 226 :66
TOTAL CAPACITY UTILIZATION .461 .616
[_J
AM PK HOUR
PM PH HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
0
0
NBT
0
0
0
0
NBR
0
0
0
0
SBL
2
3200
46
.014'
141
.044'
SBT
0
0
0
0
SBR
f
82
539
EBL
2
3200
263
.082
307
.096*
EST
3
4800
1642
.342*
1567
.326
EBR
0
0
0
0
WBL
0
0
0
0
WBT
3
4800
1222
.255
1981
.392*
WBR
f
225
160
TOTAL CAPACITY UTILIZATION .356 .532
Existing + Growth + Approved + Project
AM PK HOUR Pt4 PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 44 .014* 135 .042*
SET 0 0 0 0
SBR f 102 572
EBL 2 3200 268 .084 321 .100*
EST 3 4800 1726 .360* 1633 .340
EBR 0 0 0 0
WBL 0 0 9 0
WB: i 4880 1278 .266 :973 .411*
.13R f 223 :54
TOTAL CAPACITY UTILIZATION .374 .553
A•146
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 5 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 46 .814* 144 .045*
SBT 5 0 0 0
SBR f 91 570
EBL 2 3200 268 .9B4 320 .100*
EST 3 4800 1697 .354* 1627 .339
EBR 0 0 0 0
WBL 0 "v 0 0
WBT 3 4800 1274 .265 1944 .405*
WBR f 226 166
TOTAL CAPACITY UTILIZATION .366 .550
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 46 .014* 144 .045*
SBT 0 0 0 0
SBR f 91 570
ESL 2 3200 268 .084' 320 .100*
EBT 3 4800 1853 .386 2140 .446
ESE 0 0 0 0
WBL 0 0 6 0
WBT 3 4805 1143 ,363* 2261 .411'
WBR I
1 226 :66
TOTAL CAPACITY UTILIZATION .461 .616
[_J
0 32. Newport Center i Coast Nwy
Existing + Growth + Approved + Cunulative + Project
AM PK HOUR PM PK HOUR
WES CAPACITYt VOL WC VOL V.�C
NBL 0 0 0 0
NBT 0 0 0 0
NBR 0 0 0 0
SBL 2 3200 44 .014' 135 .042'
SBT 0 0 0 0
SBR f 102 572
EBL 2 3200 268 .084` 321 .100'
EBT 3 4800 1882 .392 2146 .441
EBR 0 0 0 0
WBL 0 0 0 0
WBT 3 4809 1141 .3W 2290 .411*
WBR f 223 154
TOTAL CAPACITY UTILIZATION .462 .619
E
0
A -1.37
33. Avocado 6 Coast Ewy
Existing
TOTAL CAPACITY UTILIZATION .490 .602
Existing + Growth + Approved + Project
AM PK HOUR
PM PR HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
78
.049
109
.068*
NBT
1
1600
106
.066*
90
.056
NBR
1
1600
121
.076
163
.102
SBL
1.5
.102
50
1.5
300
53
SBT
0.5
3200
43
.029*
130
.134'
SBR
f
.140'
50
f
275
54
EBL
1
1600
199
.1241
120
.075
EBT
3
4800
1233
.267
1494
.326'
EBR
0
0
48
0
70
48
WBL
1
1600
95
.059
119
.074*
WBT
3
4800
1126
.271'
1365
.309
WBR
0
0
177
0
119
197
Note:
Assumes NIS Split Phasing
F.ss:r.es N/S Sp__t ? as: ^g
TOTAL CAPACITY UTILIZATION .490 .602
Existing + Growth + Approved + Project
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
78
.049
109
.068*
NBT
1
1600
106
.066*
90
.556
NBR
1
1600
121
.076
163
.102
SBL
1.5
53
319
SBT
0.5
3200
43
.030*
130
.140'
SBR
f
54
305
EBL
1
1600
228
.143*
126
.079
EBT
3
4800
1287
.278
1560
.340*
EBR
0
0
48
71
'1BL
1600
9�
.059
119
.374'
W311
3
4803
1184
.2888*
'.421
.322
i;BR
0
C
197
123
F.ss:r.es N/S Sp__t ? as: ^g
TOTAL CAPACITY UTILIZATION .527 .622
A- 14X
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 78 .049 109 .068'
NBT 1 1600 1G6 .066' 90 .056
NBR 1 1600 121 .076 163 .102
SBL 1.5 50 300
SBT 0.5 3200 43 .029* 130 .134'
SBR f 50 276
EBL 1 1600 199 .124* 120 .075
EBT 3 4800 1288 .278 1564 .341'
EBR 0 0 48 71
WBL 1 1'600 95 .059 119 .074'
WBT 3 4800 1186 .284' 1427 .322
WBR 0 0 177 119
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .503 .617
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL VIC
NBL 1 1600 78 .G49 109 .568'
NBT 1 1600 106 .066" 90 .056
NBR 1 1600 121 .076 163 .102
SBL 1.5 50 300
SBT 0.5 3200 43 .029* 130 .134*
SBR f 50 276
EBL 1 1600 199 .124* 120 .075
EBT 3 4800 1444 .311 2077 .4481
EBR G C 48 71
WK 1 1600 95 .553 119 074`
WBT 3 480; :655 .382- 1744 .338
WBR.
Nc_e: ASS'me5
TOTAL CAPACITY UTILIZATION .601 .724
10
I
II
I,
III
• 33. Avocado G coast Hwy
0
0
Existing + Growth + Approved + Cumuli
AM PK HOUR
LANES CAPACITY VOL V/C
NBL 1 1600 78 .049
NBT 1 :600 106 .566'
NBR 1 1600 121 .076
SBL 1.5 53
SBT 0.5 32C0 43 .030k
SBR f 54
EBL 1 1600 228 .143*
EBT 3 4800 1443 .311
EBR 0 0 48
WBL 1 1600 95 .059
WBT 3 4800 1653 .385`
HER 0 0 197
Note: Assumes NIS Split Phasing
tive + Project
PM PK HOUR
VOL V/C
i09 .068`
90 .056
163 .102
319
130 .140'
305
126 .079
2573 .447*
71
119 .074-
1738 .388
123
+V +'w ueACixx UTILIZATION .624 .729
A -149
34. Goldenrod d Coast Hwy
Existing
Existing + Regional Growth + Approved
AM PK FOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 106 110 1.069)*
NBT 1 1600 0 .083* 0 .OB4
NBR 0 0 2' 25
SBL 0 0 41 1.0261* 47
SBT 1 1600 5 .038 5 .047*
SBR 0 0 14 23
EBL 1 1600 16 ,010* 39 .024
EBT 2 3200 1183 .382 1794 .569*
ERR 0 0 39 26
WBL 1 1600 44 .028 26 .016*
WBT 2 32C0 2022 .635* 1778 .560
WBR 0 0 11 13
TOTAL CAPACITY UTILIZATION .726 .677 TOTAL CAPACITY UTILIZATION .754 .701
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY. VOL VIC VOL VIC
NBL 0 0 106 110 (.069)*
NBT 1 1600 0 .083* 0 .OB4
NBR 0 0 27 25
SBL 0 0 41 (.5261* 47
SBT 1 1600 5 .038 5 .047*
SBR 0 0 14 23
EBL 1 1600 16 .Cio* 39 .024
EST 2 3200 1197 .3B6 1812 .574*
ERR 0 0 39 26
WBL 1 1600 44 .025 26 .016*
WBT 2 32x0 22041 .641* ;73; .56C
BR G C 1 :3
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
AM PK
LANES
CAPACITY
VOL
VIC
VOL VIC
NBL
C
0
106
VIC
110 1.069)'
NBT
1
1600
0
.083*
0 .084
NBR
0
0
27
.CB3*
25
SBL
0
0
40 1.0251*
27
47
SBT
1
1600
5
.037
5 .047*
SBR
0
3
14
1
23
EBL
1
1600
16
.010*
39 .024
BET
2
3200
1132
.366
1717 .545*
ERR
0
0
39
39
26
WBL
1
1600
44
.028
26 .016*
WBT
2
3200
1935
.608*
1103 .536
WBR
5
G
11
160"
13
Existing + Regional Growth + Approved
AM PK FOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL 0 0 106 110 1.069)*
NBT 1 1600 0 .083* 0 .OB4
NBR 0 0 2' 25
SBL 0 0 41 1.0261* 47
SBT 1 1600 5 .038 5 .047*
SBR 0 0 14 23
EBL 1 1600 16 ,010* 39 .024
EBT 2 3200 1183 .382 1794 .569*
ERR 0 0 39 26
WBL 1 1600 44 .028 26 .016*
WBT 2 32C0 2022 .635* 1778 .560
WBR 0 0 11 13
TOTAL CAPACITY UTILIZATION .726 .677 TOTAL CAPACITY UTILIZATION .754 .701
Existing + Growth + Approved + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY. VOL VIC VOL VIC
NBL 0 0 106 110 (.069)*
NBT 1 1600 0 .083* 0 .OB4
NBR 0 0 27 25
SBL 0 0 41 (.5261* 47
SBT 1 1600 5 .038 5 .047*
SBR 0 0 14 23
EBL 1 1600 16 .Cio* 39 .024
EST 2 3200 1197 .3B6 1812 .574*
ERR 0 0 39 26
WBL 1 1600 44 .025 26 .016*
WBT 2 32x0 22041 .641* ;73; .56C
BR G C 1 :3
Existing + Growth + Approved + Cumulative
AM PK
FOUR
PM PK
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
0
0
106
110 {.0691*
NET
1
1600
0
.CB3*
0
.OB4
NBR
0
0
27
25
SBL
0
O
41 1.0261'
41
SBT
1
1600
5
.038
5
.047*
SBR
0
0
14
23
EBL
1
1600
16
.010*
39
.024
M
2
3200
1342
.432
2321
.733*
ERR
0
0
39
26
W3L
1
160"
44
.026
26
.016*
WBT
2
3200
2524
.792*
2G95
.659
BR
C
C
3
TOTAL CAPACITY UTILIZATION .760 .706 TOTAL CAPACITY UTILIZATION .911 .865
A -150
0
0
• 34. Goldenrod d Coast Hwy
Existing + Growth + Approved + Cumulative + Project
AM PR HOUR PM PA HOUR
LANES CAPACITY VOL VIC VOL V/C
NBL 0 0 106 1.10 (.069)'
NBT 1 1600 0 .083' 0 .084
NBR 6 0 27 25
SBL 0 0 41 (.026)1 47
SBT 1 1600 5 .038 5 .047'
SBR 0 0 14 23
EBL 1 1600 16 .010' 39 .024
EBT 2 3200 1356 .436 2339 .739'
EBR 0 0 39 26
WBL 1 1600 44 .028 26 .016'
WBT 2 3200 2543 .79B- 2097 .659
WBR 0 0 11 13
TOTAL CAPACITY UTILIZATION .917 .911
is
A -151
35. Marguerite & Coast Hwy
Existing
Cunalative
AM PK
HOUR
PM PK
AM PK
HOUR
PM PK
HOUR
VOL
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
121
,075'
94
.059*
NET
i
1600
73
.081
71
.092
NBA
0
0
56
SBL
76
1600
SBL
1
1600
49
.031
92
.058
SBT
'.
1600
67
,121*
84
.10:*
SBR
0
0
127
EBL
79
1600
EBL
1
1600
48
.030*
55
.034
EBT
2
3200
1104
.345
1687
.527*
EBB
I
1E00
61
,051
57
.036
WBL
1
1600
24
.015
63
.039`
WBT
2
3200
1764
.562*
1366
.437
WBR
0
0
33
31
TOTAL CAPACITY UTILIZATION .788 .726
Existing + Growth + Approved + PrOlOct
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL 'J /C
NBL 1 1600 120 .075' 94 .059*
NBT 1 1600 73 .081 71 .092
NBR 0 0 56 16
SBL 1 1600 49 .031 92 .058
SBT 1 1606 67 .121* 84 .101*
SBR 0 0 127 78
EBL 1 1601 48 .030* 55 .034
EBT 2 3200 1167 .365 1779 .556'
E5R 1 160G 81 ,051 57 .036
WBL 1 160G 24 A115 63 .439*
''9K 2 325C :864 .593* i43G .457
WBR 7 0 13 3'
TOTAL CAPACITY UTILIZATION .819 .755
A.152
Existing + Regional Growth + Approved
Cunalative
AM PK
HOUR
PM PK
HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
127
.075`
94
.059*
NET
1
1600
73
.081
71
.092
NBR
0
0
56
76
76
SBL
SBL
1
1600
49
.031
92
.058
SET
1
1600
61
.121*
84
.101'
SBR
0
0
127
78
78
EBL
EBL
1
1600
48
.030*
55
.034
EBT
2
3200
1153
.360
1761
.550*
EBR
1
1600
81
.051
57
.036
W8L
1
1600
24
.015
63
.039*
WBT
2
3200
1845
.587*
1428
.456
WBR
a
0
33
36
31
TOTAL CAPACITY UTILIZATION .813 .749
Existing + Growth + Approved +
Cunalative
AM PK HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
i6GO
120
.075*
94
.059*
NBT
1
1600
73
.OBI
71
.092
NBR
0
0
56
76
SBL
1
11600
52
.033
105
.066
SBT
1
1600
67
.121*
84
.101*
SBR
0
0
127
78
EBL
1
1600
48
.030'
55
.034
EBT
2
3230
1312
.410
2288
.715*
EBR
1
1600
8.
.051
57
.036
WBL
i
160:
24
.015
63
.039*
K8T
2
3250
234'.
.748*
:745
.551
WBR
.,
46
36
TOTAL CAPACITY UTILIZATION .974 .914
0
• 35. Marguerite 6 Coast Hwy
0
•
Existing + Grovth + Approved + Cumulative + Project
AM PR HOUR
PM PR HOUR
LANES
CAPACITY
VCL
VIC
VOL
VIC
NBL
1
1600
12C
.075'
94
.059'
NBT
1
1600
73
.081
71
.092
NBR
0
C
56
76
SBL
1
1600
52
.033
105
.066
SBT
1
1600
67
.i21`
84
.101'
SBR
0
0
127
78
EBL
1
1600
48
.030'
55
.034
EBT
2
3200
1326
.414
2306
.721 '
ERR
1
1600
81
.051
57
.036
WK
1
1600
24
.015
63
.039'
WET
2
3200
2366
.154'
1747
.558
19BR
0
0
46
38
TOTAL CAPACITY UTILIZATION .980 .920
A-153
36. Newport Center 6 Santa Barbara
Existing
PM PK HOUR
VOL V/C
155 .097*
102 .032
34 .021
42 .026
180 .056*
67 .042
38 .024
97 .061*
132 .083
23 f. 014]*
44 .028
24
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 75 .047* 155 .097*
NBT 2 3200 134 .042 102 .032
NBR 1 1600 14 .009 34 .021
SBL 1 1600 11 .007 42 .026
SBT 2 3200 76 .024' 1BO .056*
SBR 1 1600 39 .024 67 .042
EBL 1 1600 34 .021* 38 .024
EBT 2 3200 28 .018 97 .061'
EBR 0 0 165 .103 132 .083
WBL 0 0 2 23 (.0141*
WBT 2 3200 5 .004* 44 .028
WBR 0 0 6 .004 24
Right Turn Adjustment EBR .044*
TOTAL CAPACITY UTILIZATION .140 .228 TOTAL CAPACITY UTILIZATION .140
Existing + Growth + Approved + Project
AM PK HOUR
LANES
CAPACITY
VOL
V/C
NHL
1
1600
75
.0W
NBT
2
3200
134
.042
NBR
1
'600
14
.009
SBL
1
1600
11
.007
SET
2
3200
76
.024*
SBR
1
1600
39
.024
EBL
1
1600
34
.021*
EBT
2
3200
28
.018
EBR
0
0
165
.103
WBL
0
0
2
.042
WBT
2
3205
5
.004*
148R
0
0
6
.009
Right
Turn Ad3ustment
EBR
.044*
PM PK HOUR
VOL V/C
155 .097*
102 .032
34 .021
42 .026
180 .056*
67 .042
38 .024
97 .061*
132 .083
23 f. 014]*
44 .028
24
Existing + Regional Growth + Approved
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 75 .047* 155 .097*
NBT 2 3200 134 .042 102 .032
NBR 1 1600 14 .009 34 .021
SBL 1 1600 11 .007 42 .026
SBT 2 3200 76 .024' 1BO .056*
SBR 1 1600 39 .024 67 .042
EBL 1 1600 34 .021* 38 .024
EBT 2 3200 28 .018 97 .061'
EBR 0 0 165 .103 132 .083
WBL 0 0 2 23 (.0141*
WBT 2 3200 5 .004* 44 .028
WBR 0 0 6 .004 24
Right Turn Adjustment EBR .044*
TOTAL CAPACITY UTILIZATION .140 .228 TOTAL CAPACITY UTILIZATION .140
Existing + Growth + Approved + Project
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
'VOL
V/C
VOL
V/C
NBL
i
1EO0
75
.C47*
155
.097*
NBT
2
3200
134
.542
102
.032
NBR
1
1600
14
.009
34
.021
SBL
1
1600
11
.007
42
.026
SBT
2
2200
76
.024*
180
.056*
SBR
1
1600
39
.024
67
.042
EBL
1
1600
34
.021*
38
.024
EBT
2
3200
30
.C19
iO6
.066*
EBR
0
0
1,65
.1153
132
.083
;J51
0
G
2
23 I.C141*
1195
2
329'.
6
.L34*
53
.531
E6R
C
6
24
P:;t.t
:..^ A - Ust7e-t
33R
.228
Existing + Growth + Approved + Cumulative
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 15 .047* 155 .097*
NBT 2 3200 134 .042 102 .032
HER 1 1600 14 .009 34 .021
SBL 1 1600 11 .007 42 .026
SBT 2 32CO 76 .024* 180 .056'
SBR 1 1600 39 .024 67 .042
EBL 1 1600 34 .C21* 38 .024
EBT 2 320C 28 .C18 97 .061*
E3R 0 0 '.65 .103 132 .083
WBL C 0 2 23 ;.G14j*
W5' 2 325 5 .OG4* 44 .G28
;J53 E .CC4 24
-..,n Aclls itent EBR -44
TOTAL CAPACITY UTILIZATION .140 .233 TOTAL CAPACITY UTILIZATION
A -154
140 .228
0
0
1]
• 36. Newport Center 6 Santa Barbara
Existing + Growth + Approved + Cumulative + Project
AM PK FOUR PM PK HOUR
BANES CAPACITY VOL V/C VOL V/C
NBL 1 :600 75 .047' 155 .797'
NBT 2 3200 134 .042 102 .032
NBR 1 1600 14 .009 34 .021
SBL 1 1600 11 .007 42 .026
SBT 2 3200 76 .024' 180 .056'
SBR 1 i600 39 .024 67 .042
EBL 1 '.600 34 .021' 38 .024
EBT 2 3290 30 .019 106 .066'
EBR 0 0 165 .:03 132 .083
WBL 0 0 2 23 1.0141*
WBT 2 3200 6 .004' 53 .031
WBR 0 0 6 24
Right Turn Ad;ustment EBR .044•
0 TOTAL CAPACITY UTILIZATION .140 .233
0
A -155
37. Santa Cruz 6 Newport Center
Existing
TOTAL CAPACITY UTILIZATION .117 .211
Existing + Growth + Approved +
Project
AM PH HOUR
P11 PK HOUR
AM PH HOUR
LANES
CAPACITY
VOL
V/C
VOL V/C
NBL
0
0
10
1.0061'
50 1.0311•
NET
2
3200
32
.022
144 .086
NBR
0
0
27
3200
80
SBL
1
1600
25
.016
32 .020
SBT
1
1600
85
.053"
120 .075•
SBR
1
1600
56
.035
103 .064
EEL
1
1600
35
.022
91 .057
EBT
2
3200
60
.019'
102 .032•
ERR
1
1600
22
.014
92 .026
WBL
1
1600
63
.039`
116 .073"
WBT
2
3200
84
.026
102 .032
WBR
1
1600
34
.021
BS .051
TOTAL CAPACITY UTILIZATION .117 .211
Existing + Growth + Approved +
Project
AM PH HOUR
P21 PK HOUR
AM PK
HOUR
PM PK
HOUR
VOL V/C
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
10 (.006)^
3200
50 (.031)'
144
NBT
2
3200
33
.022
153
.058
NBR
0
0
27
32
80
SBT
SBL
1
1600
25
.016
32
.020
SBT
1
1600
87
.054•
129
.081^
SBR
1
1600
56
.035
103
.064
EBL
1
1600
35
.022
91
.057
EBT
2
3200
60
.019•
102
.032`
EBR
1
1600
22
.014
42
.026
'WBL
:
1660
63
.039^
1=6
.713^
7i8'
2
3270
94
.025
-02
.732
'tlBR
1
:57G
34
.02i
81
.65i
TOTAL CAPACITY UTILIZATION .118 .217
A -156
Existing + Regional Growth + Approved
AM PH HOUR
P21 PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL V/C
VOL
V/C
NBL
0
0
10 (.0061^
50 (.031}•
NBT
NET
2
3200
32 .022
144
.086
NBR
0
0
27
80
SBL
SBL
1
1600
25 .016
32
.020
SBT
1
1600
85 .053'
120
.075`
SBR
1
1600
56 .035
103
.064
EBL
1
1600
35 .022
91
.057
EBT
2
3200
60 .019'
102
.032•
EBR
1
1600
22 .014
42
.026
WBL
1
1600
63 .0391
116
.073'
WBT
2
3200
84 .026
102
.032
WBR
1
1600
34 .021
81
.051
TOTAL CAPACITY UTILIZATION .117 .211
Existing + Growth + Approved + Cumulative
AM PH HOUR
PM PK HOUR
LANES
CAPACITY
VOL V/C
VOL
V/C
NBL
0
0
10 1.006}^
50 1.0311^
NBT
2
3200
32 .022
144
.086
NBR
0
0
27
80
SBL
1
1600
25 .016
32
.020
SBT
1
1600
85 .053•
120
.075^
SBR
1
1600
56 .035
103
.064
EBL
1
1600
35 .022
91
.057
EBT
2
3200
60 .019^
102
.032^
EBR
i
1600
22 .014
42
.026
WK
1
1606
53 .033^
1:6
.073'
WBT
2
320r
54 .025
102
.632
:43R
:
:600
34 .521
8:
.75:
TOTAL CAPACITY UTILIZATION .117 .211
•I
0 37. Santa Cruz 6 Newport Center
0
Existing + Growth + Approved + Cumulative +
Project
AM PK
HOUR
PM
PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
0
0
D (.006)*
50
(.031)`
NBT
2
3200
33
.022
153
.C88
NBR
0
0
27
80
SBL
1
1600
25
.016
32
.020
SBT
1
1600
87
.054*
129
.081+
SBR
1
1600
56
.035
103
.C64
EBL
1
1600
35
.022
91
.057
EBT
2
3200
60
.019*
102
.032*
EBR
1
1600
22
.014
42
.026
WBL
1
:600
63
.039*
116
.073*
WBT
2
3200
84
.026
102
.032
WBR
1
1600
34
.021
81
.051
TOTAL CAPACITY UTILIZATION .11E .217
Ad i7
38. Newport Centex i Santa Rosa
Existing
AM PH HOUR PM PH HOUR
LANES CAPACITY 'VOL V/C VOL V/C
NBL 1 1600 31 .019 38 .024
NET 2 3280 69 .022* 204 .064*
HER 1 1600 22 .014 36 .023
SBL 1 1600 87 .054* 80 .050'
SET 2 3200 1B3 .057 228 .071
SBR 1 1600 43 .027 84 .053
EEL 0 0 20 84
EST 2 3200 39 .027* 67 .061*
E3R 0 0 26 63
WBL 0.5 42 33
WET 2 4000 81 .032* 102 .034*
HER 1 1.600 145 .091 163 .102
Right Turn Adjustment WBR .018* WBR .030*
Note: Assumes EN Split Phasing
Existing + Regional Growth + Approved
AM PH HOUR PM PH HOUR
LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 31 .019 38 .024
NET 2 3200 69 .022* 204 .064*
HER 1 1600 22 .014 36 .023
SBL 1 1600 87 .054* 80 .050*
SET 2 3200 183 .057 228 .071
SBR 1 1600 43 .027 84 .053
EEL 0 0 20 64
EBT 2 3200 39 .027* 67 .061*
ERR 0 0 26 63
WBL 0.5 42 33
WET 2 4000 87 .032' 102 .034*
WBR 1 1600 145 .091 163 .102
Right Turn Adjustment WBR .018* WBR .030*
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .153 .245 TOTAL CAPACITY UTILIZATION .153
Existing + Growth + Approved + Project
AM PH
AM PH
HOUR
PM PH HCUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
31
.019*
28
.024
NET
2
3200
75
.023
230
.012*
HER
1
1600
22
.014
36
.023
SBL
1
1600
87
.054
80
.050*
SET
2
3200
213
.067*
243
.076
SBR
1
1600
43
.027
84
.053
EEL
0
8
20
64
EBT
2
3290
34
.925*
42
.053*
EBR
0
0
26
63
.039
VILE
�.5
42
33
'alE"
[
4C :0
.26
.;42'
.2'
.040`
7; 3P.
:
.4SL
:45
.,9:
:65
..:2
P,#-_
7,.... ra'.Sicer'.
;.B.
'24*
c;_ ?:
ASSPES AIL .C::_
Pcasic:
-r:
.245
Existing + Growth + Approved + Cumulative
AM PH
HOUR
PM PA
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1690
31
.019
38
.024
NET
2
3200
69
.022*
204
.064*
HER
1
1600
22
.014
36
.023
SBL
1
1600
87
.054*
80
.050*
SET
2
3280
183
.857
228
.071
SEP
1
1600
43
.027
84
.053
EEL
3
5
20
84
EK
2
3269
SC
.83a*
109
.960*
E 2
0
0
26
63
W5:.
0.5
42
83
'alE"
[
4C :0
.26
.;42'
.2'
.040`
7; 3P.
:
.4SL
:45
.,9:
:65
..:2
P,#-_
7,.... ra'.Sicer'.
;.B.
'24*
P;: ;a:
Ass.ces
E Sc:.. etas
-r:
TOTAL CAPACITY UTILIZATION .155 .239 TOTAL CAPACITY UTILIZATION
A -159
156 .258
0
0
• 38. Newport Center d Santa Rosa
1]
Existing + Growth + Approved + Cumulative + Project
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL V/C VOL V/C
NET 1 1600 31 .019' 38 .024
NET 2 3200 75 .023 230 .072*
NBR 1 1600 22 .014 36 .023
SBL 1 ;600 87 .054 60 .050*
SBT 2 3200 213 .061* 243 .076
SBR 1 1600 43 .027 84 .053
EEL 0 0 20 84
EBT 2 3200 45 .028* 84 .012*
EBR 0 0 26 63
WBL 0.5 42 33
WET 2 4000 115 .039* 95 .030*
WBR 1 1600 145 .091 163 .102
Right Turn Adjustment WBR .005* WBR .034*
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .158 .258
A- 1,9
39. Newport Center 6 San Niguel
Existing
AM PK HOUR PM PK HOUR
TOTAL CAPACITY UTILIZATION .215 .412
Existing + Growth + Approved + Project
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
48
.030
98
.061,
NBT
2
3200
147
.086*
98
.061
NBR
0
0
127
3203
180
.113
SBL
0
0
55 1.0341*
0
104
0
SET
2
3200
54
.041
174
.121*
SBR
0
0
21
3200
110
.046
ESL
1
1600
13
.008
42
.026
EBT
2
3200
39
.012*
248
.078*
ERR
1
1600
17
,011
100
.C63
WBL
1
1600
132
.083'
243
.152*
WBT
2
3200
138
.043
282
.068
WBR
1
1600
107
.067
160
.100
TOTAL CAPACITY UTILIZATION .215 .412
Existing + Growth + Approved + Project
AM PK HOUR
AM PK
HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
:600
48
.030
98
.061*
NBT
2
3203
150
.087'
108
.068
NBR
0
0
.27
0
180
.113
SBL
0
0
62 1.0391*
54 .041
84
.121+
SBT
2
3200
64
.046
167
.113*
SBR
0
0
21
.026
110
2
EBL
1
1600
13
.008
42
.026
EBT
2
3200
4i
.013*
264
.083'
EBR
1
1600
17
.011
100
.063
NBL
1
1600
132
.083*
243
.152*
NBT
2
32,3
.42
,044
296
.193
NBR
160G
i0.
.363
124
.084
TOTAL CAPACITY UTILIZATION .222 .409
A -](A)
Existing + Regional Growth + Approved
AM PK HOUR
AN PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL V/C
VOL
V/C
NBL
1
1600
48 .030
98
.061'
NBT
2
3200
147 .086*
98
.061
NBR
0
127
127
180
.113
SBL
0
0
55 (.034(*
104
SBT
SET
2
3200
54 .041
174
.121+
SBR
0
0
21
110
EBL
EBL
1
1600
13 .006
42
.026
EBT
2
3200
39 .012*
248
.078*
EBR
1
1600
17 .011
100
.063
WBL
1
1600
132 .083*
243
.152*
WET
2
3200
138 .043
262
.088
WBR
1
1600
107 .067
160
.100
TOTAL CAPACITY UTILIZATION .215 .412
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL V/C
VOL
V/C
NBL
1
1600
48 .033
98
.061*
NBT
2
3200
147 .086*
98
.061
NBR
0
0
127
180
.113
SBL
0
0
55 (.034)*
104
SBT
2
3200
54 .041
174
.121*
SBR
0
0
21
110
EBL
1
1600
13 .008
42
.026
EBT
2
3200
51' .016*
285
.089'
EBR
1
i600
17 .011
100
.b63
WBL
1
1600
132 .793+
243
.152*
W3T
2
32CO
.75 ,555
304
.,95
WBR
i61C
'.i7 .$67
160
.:CO
TOTAL CAPACITY UTILIZATION .219 .423
0
0 39. Newport Center 6 San Miguel
Existing + Growth + Approved + Cumulative + Project
AM ?i HOUR
PM PK HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
48
.030
98
.06:'
NBT
2
3200
150
.087*
108
.068
NBR
0
0
121
1B0
.113
SBL
0
0
62
1.039♦'
84
SBT
2
3200
64
.046
167
.113'
SBR
0
0
21
110
ESL
1
1600
13
.008
42
.026
EBT
2
3200
53
.017*
301
.094,
EBR
1
:600
17
.011
100
.063
WBL
1
1600
132
.083'
243
.152'
WBT
2
3200
179
.056
318
.099
WBR
1
1600
i01
.063
134
.084
TOTAL CAPACITY UTILIZATION .226 .420
0
A -161
40. Newport Center /Fashion Island d Newport Center
Existing
AM PK HOUR PM PK HOUR
LANES CAPACITY VOL VIC VOL VIC
NBL
1
1600
167
.104*
:43
.089*
NBT
2
3200
58
.018
169
.053
NBR
1
1600
276
.173
119
.074
SBL
1
1600
4
.003
41
.026
SBT
2
3200
10
.003'
112
.036'
SER
0
0
1
1
3
4
EBL
1
1600
6
.004
22
.M
EBT
2
3200
98
.031*
105
.033*
EBR
1
1600
125
.078
215
.134
WK
1
1600
68
.043'
376
.235*
WET
2
3200
41
.013
83
.026
WBR
1
1600
12
.00B
52
.333
Right Turn Adjustment
NBR
.037*
EBR
.034*
Existing + Regional Growth + Approved
AM PK HOUR
AM PK
HOUR
PM PK
HOUR
CAPACITY
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
167
.104*
143
.089*
NBT
2
3200
58
.018
169
.053
NBR
1
1600
276
.113
119
.074
SBL
1
1600
4
.003
41
.026
SBT
2
3200
10
.003*
112
.036'
SBR
0
0
1
EBL
3
1
EBL
1
1600
6
.004
22
.014
EBT
2
3200
9B
.031*
105
.033*
EBR
1
1600
125
.078
215
.134
WBL
1
1600
68
.043*
376
.235*
WBT
2
32CO
41
.013
83
.026
WBR
1
1600
12
.008
52
.033
Right
Turn Adjustment
NBR
.937'
EBR
.034*
TOTAL CAPACITY UTILIZATION .218 .427 TOTAL CAPACITY UTILIZATION .218 .427
Existing + Growth + Approved + Project
AM PK HOUR
AM PK HOUR
PM PK HOUR
LANES
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
167
.104*
143
.089*
NBT
2
3200
60
.019
178
.056
NBR
1
1600
274
.171
111
.069
SBL
1
1600
4
.003
41
.026
SBT
2
3200
11
.004'
i21
.039*
SBR
0
0
1
3
3
EBL
EBL
1
1600
6
.004
22
.014
EBT
2
3200
98
.031'
105
.033*
EBR
1
1600
125
.078
215
.134
WBL
i
ic:0
'8
.C49'
369
.231*
2
2
327C
4:
.313
33
.02E
95R
'.6C6
1600
12
.;06
52
.033
:_rr. Ac3s :-e. ^_
1w
.S } -'
:tR
.:34'
Existing + Growth + Approved + Cumulative
AM PK HOUR
PM PK HOUR
LANES
CAPACITY
VOL
VIC
VOL
VIC
NBL
1
1600
167
.174*
143
.089*
NET
2
3200
58
.018
169
.053
NBR
1
1600
276
.173
119
.074
SBL
1
1600
4
.003
41
.026
SBT
2
3200
10
.003'
112
.036'
SBR
0
0
1
3
EBL
1
1600
6
.074
22
.014
EBT
2
3200
98
.031'
105
.033*
EBR
1000
125
.01.8
21`.
.134
W?:
io60
o9
-43'
3.6
.235*
WBT
2
32CG
4:
.Ci?
83
.026
WBR
1
'.6C6
12
.C68
52
.G33
R:,,t :
:_rr. Ac3s :-e. ^_
1w
.S } -'
:tR
.:34'
TOTAL CAPACITY UTILIZATION .217 .426 TOTAL CAPACITY UTILIZATION .218
A -162
.427
Ll
0
• 40. Newport Center /Fashion Island 6 Newport Center
i
Existing + Growth + Approved + Cumulative + Project
AM PK
HOUR
PH PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1600
167
.104*
143
.089*
NBT
2
3200
60
.019
178
.056
HER
1
1600
274
.171
111
.069
SBL
1
1600
4
.003
41
.026
SBT
2
3200
11
.OS4*
121
.039*
SBR
0
0
1
3
EBL
1
1600
6
.004
22
.014
EBT
2
3200
98
.031*
105
.033*
EBR
1
1600
125
.078
215
.134
`'9BL
1
1600
7B
.049*
369
.231*
WBT
2
3200
41
.013
83
.026
WBR
1
1600
12
.009
52
.033
R.ght
Turn Adjustment
NBR
.029*
EBR
.034*
0 TOPAZ CAPACITY UTILIZATION .217 .426
0
A -163
r�
U
North Newport Center Planned Community
Development Plan (under separate cover)
n
•
EXHIBIT 10
North Newport Center
Planned Community
Development Plan
Land Uses,
Development Standards &t
Procedures
Land Uses, Development Standards & Procedures
Contents
I. Introduction and Purpose of Development Plan
A. Sub -Area Purpose ..............................................................................................
............................... l
B. Relationship to Municipal Code .........................................................................
..............................7
C. Relationship to North Newport Center Design Regulations ..............................
..............................7
II. Land Use and Development Regulations ............................................................. ...............................
9
A. Permitted Uses ....................................................................................................
..............................9
B. Development Limits ........................................................................................ ...............................
10
III. Site Development Standards .............................................................................. ...............................
13
A. Permitted Height of Structures ........................................................................ ...............................
13
B. Setback Requirements ..................................................................................... ...............................
14
C. Parking Requirements .......................................................................................
.............................15
D. Landscaping .................................................................................................... ...............................
16
E. Lighting .............................................................................................................
.............................16
F. Signs ..................................................................................................................
.............................16
G. Residential Compatibility ..................................................................................
.............................20
H. Residential Open Space Requirements ..............................................................
.............................20
IV. Planned Community Development Plan Administration ................................... ...............................
23
A. Process for New Structures ...............................................................................
.............................23
B. Process for New Signs .......................................................................................
.............................24
C. Transfer of Development Rights .......................................................................
.............................24
V. Definitions ............................................................................................................ .............................27
Appendix A — Design Regulations
North Newport Center Planned Community Development Plan i
11!8107
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
I. Introduction and Purpose of Development Plan
The North Newport Center Planned Community district is comprised of four sub -areas that include
Fashion Island, Block 500, Block 600 and San Joaquin Plaza. The sub -areas that comprise North
Newport Center shall be governed by the North Newport Center Planned Community ( "PC ")
Development Plan set forth herein, which includes land uses, development standards and
administration.
The City of Newport Beach Municipal Code allows a Planned Community Development Plan to
address land use designations and regulations in Planned Communities. The North Newport Center
PC Development Plan serves as the controlling zoning ordinance for the site and is authorized and
intended to implement the provisions of the Newport Beach General Plan.
A. Sub -Area Purpose
Newport Center is a regional center comprised of major retail, professional office, entertainment,
recreation and residential development within the City of Newport Beach. The North Newport Center
site comprises approximately 138 acres along San Joaquin Hills Road and Newport Center Drive.
The four sub -areas that make up the site including Fashion Island (75 acres), Block 500 (15 acres),
Block 600 (25 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1, and are described
below.
The General Plan identifies the goal of creating a successful Mixed -Use district that integrates
economic and commercial centers serving the needs of Newport Beach residents and the sub - region,
with expanded opportunities for residential development.
Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining
and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the
existing retail, dining and commercial entertainment uses. Fashion Island is intended to be a vibrant
regional retail and entertainment center and a day /evening destination with a wide variety of uses
which will serve visitors, residents and employees of the area. Figure 2, Fashion Island Sub -Area,
shows the boundary of Fashion Island.
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. The Mixed -Use blocks
are generally comprised of administrative, professional, and financial office uses. Block 600 contains
hotel and related ancillary uses as well. This Development Plan allows for the diversification of land
uses in order to encourage new and original uses consistent with the Mixed -Use concept as
established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light
general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU-
H3 land use designation.
The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 3,
Block 500 Sub -Area, Figure 4, Block 600 Sub -Area, and Figure 5, San Joaquin Plaza Sub -Area,
respectively.
North Newport Center Planned Community Development Plan 1
11/8/07
m,_« Development Standards & -+_
Section r Introduction and Purpose of _elop e«_
\�7 \
/ ƒ\ �
Z.��.
Figure ! — North Newport Center Planned Community
North Newport Center __ __# Development Plan
e_,
<1
O
arO Rd
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
z
—WIP60 Cente, ;'-IT"
MPlanned Community
Not included in Planned Community
0 51 *1
O„
.---f4icolas Dr
r
11
Figure 2 — Fashion Island Sub-Area
North Newport Center Planned Community Development Plan 3
11/8/07
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
San
oaqUin
♦ Y -2 �: r V I J.
y.
Hills Fed
_.
1
Y,
J
S
o /as Dr -.,
® Planned Community
I Not included in Planned Community
HN
Figure 3 — Block 500 Sub -Area
North Newport Center Planned Community Development Plan 4
1118107
t
{
t
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
North Newport Center Planned Community Development Plan
11/8/07
MPlanned Community
Not included in Planned Community
h '4
Figure 4 — Block 600 Sub -Area
a
m;
I °
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
® Planned Community
Not inducted in Planned Community
HN
Figure 5 — San Joaquin Plaza Sub -Area
North Newport Center Planned Community Development Plan 6
1118107
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
B. Relationship to Municipal Code
Whenever the development regulations of this plan conflict with the regulations of the Newport
Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall
regulate this development whenever regulations are not provided within these district regulations. All
words and phrases used in this North Newport Center PC Development Plan shall have the same
meaning and definition as used in the City of Newport Beach Municipal Code unless defined
differently in Section V — Definitions.
The Municipal Code referred to herein is the version of the Code in effect on the date this Planned
Community is approved and specifically includes 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
Title 5 of the Municipal Code (Business Licenses and Regulations).
C. Relationship to North Newport Center Design Regulations
Development in North Newport Center shall be regulated by both the Development Plan and the
Design Regulations, which is provided as Appendix A.
North Newport Center Planned Community Development Plan
rlrsro7
Land Uses, Development Standards & Procedures
Section It Land Use and Development Regulations
II. Land Use and Development Regulations
A. Permitted Uses
1. General
Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The
uses identified within the table are not comprehensive but rather major use categories. Specific uses
are permitted consistent with the definitions provided in Section V of this Development Plan. Uses
determined to be accessory or ancillary to permitted uses, or residential support uses to permitted
uses are also permitted. The Planning Director may determine other uses not specifically listed
herein, provided they are consistent with the Regional Commercial and Mixed -Use General Plan
districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area
in which the property is located.
Table 1 - North Newport Center Land Use Regulation Table
Uses
Fashion Island
Block 500
Block 600
San Joaquin
Plaza
Banks /Savings and Loans
P
P
P
P
- With drive through services
MUP
MUP
MUP
MUP
Business, Goverment and Professional
-
P
P
P
- Emergency Healthcare
-
P
P
P
- Management and Leasing Offices
P
P
P
P
- Office, Medical and Dental
-
P
P
P
- Public Safety Facilities
P
P
P
P
Commercial Recreation and Entertainment
P
MUP
MUP
MUP
Cultural and Institutional
UP
P
P
P
Day Care
P
P
P
P
Day Spas
MUP
MUP
MUP
MUP
Eating and Drinking Establishments
P.
P"
P"
P"
- Bars/Cocktail Lounges
MUP
UP
UP
UP
Personal Improvement
MUP
P
P
P
- Health/FitnessClubs
MUP
P
P
P
Personal Services
P
P
P
P
Residential
-
P
P
P
Retail Sales
P
P
P
P
- Animal Sales and Services
MUP
MUP
MUP
MUP
- Medical Retail
P
P
P
P
Visitor Accommodations
UP
UP
UP
UP
P = Permitted
UP = Use Permit
MUP = Hnor use Permit Issued by the Planning Director
`= A Mnor Use Permit Issued by the Planning Director is Required for the Sale of Alcohol
= A Use Permit is Required for the Sale of Alcohol
— = Not Permitted
North Newport Center Planned Community Development Plan 9
11/8/07
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
2. Open Space Corners
The passive landscape areas on the following comers shall be limited to landscaping, and Project
Identification Signs.
San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive, San Joaquin Hills
Road and Santa Rosa Drive, San Joaquin Hills Drive and Santa Cruz Drive (northwest and
southeast comers), and San Joaquin Hills Drive and Jamboree Road.
3. Special Events
The general regional Mixed -Use nature of North Newport Center results in a variety of special events
and temporary uses throughout the year. Special community events, such as parades, trade shows, car
shows, pageants, community concerts, outdoor displays, recreation/entertainment events and
temporary structures are permitted within the North Newport Center Planned Community consistent
with the following provisions:
a. If the event takes place on private property within Fashion Island the event is not
regulated so long as it does not displace required parking. Such events must comply
with the City's Municipal Code related to noise control and other pertinent standards.
b. If the event takes place anywhere else within North Newport Center or the public right -
of -way, such events are permitted as long as they comply with the Municipal Code.
B. Development Limits
The development limits in this Development Plan are consistent with those established by the
General Plan and are identified in Table 2 below. Development limits may be modified through the
approval of a Transfer of Development Rights. Carts, kiosks, and temporary uses are permitted and
are not counted towards square footage development limits.
Table 2 — Development Limits
A. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
B. 65 additional hotel rooms may be located in Block 500, Black 600 or San Joaquin Plaza.
C. Residential units are permitted in Block 500, Block 600 and San Joaquin Plaza so long as the total number of units does
not exceed 430 units.
North Newport Center Planned Community Development Plan 10
11/8/07
Fashion
San Joaquin
Land Use
Island
Block 500
Block 600
plaza
Total
Regional Commercial
1,619,525
0
0
0
1,619,525
square feet
square feet
Movie Theatre
1,700 seats
0
0
0
1,700 seats
(27,500 square
(27,500 square
feet)
feet)
Hotel
A)
B
425(B)
(B)
490
Residential
0
(C)
(C)
C
430
Office/Commercial
0
285,142
1,001,634
337,261
1,746,979
square feet
square feet
square feet
square feet
A. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
B. 65 additional hotel rooms may be located in Block 500, Black 600 or San Joaquin Plaza.
C. Residential units are permitted in Block 500, Block 600 and San Joaquin Plaza so long as the total number of units does
not exceed 430 units.
North Newport Center Planned Community Development Plan 10
11/8/07
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
1. Fashion Island
The total gross floor area for Fashion Island is 1,619,525 plus the 1,700 -seat movie theater. The
movie theater building area is equivalent to and may be converted to 27,500 square feet of retail
development. The conversion of the movie theater to retail space shall not require any additional
parking. The gross floor area for Regional Commercial development is the total horizontal floor area
of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of
common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed
patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered
parking, driveways or loading areas.
2. Mixed -Use Sub -Areas
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 430 residential
units and 490 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are
measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed
area of all floors of a building measured to the outside face of the structural members in exterior
walls, including halls, stairways, elevator shafts at each floor level, service and mechanical
equipment rooms and basement or attic areas having a height of more than seven feet. Development
limits for residential uses are based on unit counts, and are not within square footage limits. Resident
support uses are not included in the square footage development limits and shall not require parking.
3. Transfer of Development Rights
The transfer of development rights among sub -areas of this Planned Community and to /from other
areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in
accordance with the General Plan.
Development rights may be transferred through a change in location of use(s) and/or a conversion of
non - residential use to any other non - residential use allowed by the General Plan and this Planned
Community Development Plan or applicable zoning at the receiving site(s). Residential use may be
relocated, but may not be converted to or from another use.
The transfer of development rights may occur only if the transfer will not result in any adverse traffic
impacts and will not result in greater intensity than development allowed without the transfer.
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Section III. Site Development Standards
111. Site Development Standards
The following site development standards shall apply to the North Newport Center Planned
Community.
A. Permitted Height of Structures
1. Standards for Allowable Heights
Allowable heights are determined by sub -area. All building heights are measured at finished grade.
Fashion Island: The maximum heights of structures within Fashion Island are depicted in
Table 3, Fashion Island Height Limits.
Table 3 — Fashion Island Height Limits
Building Type
Height
Major Buildings
125'
Mall Buildings
75'
Parking Structures
55'
Periphery Buildings
40'
Block 500: The maximum height of all structures in Block 500 shall be 375 feet as measured
from finished grade.
Block 600: The maximum height of all structures in Block 600 shall be 375 feet as measured
from finished grade.
San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65
feet as measured from finished grade.
2. Standards for Buildings Over 200 Feet in Height
a. Aviation Compatibility
Prior to issuance of building permits, the project applicant must demonstrate that the following
conditions have been satisfied. New development shall be required to comply with the following
conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport:
For development of structures that exceed 200 feet in height above ground level at a
development site, applicants shall file a Notice of Proposed Construction or Alteration
with the Federal Aviation Administration (FAA) (FAA Form 7460 -1). Following the
FAA's Aeronautical Study of the project, projects must comply with conditions of
approval imposed or recommended by the FAA. Subsequent to the FAA findings, the
City shall refer the project to the Airport Land Use Commission (ALUC) of Orange
County for consistency analysis.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
2. No buildings within the North Newport Center Planned Community area should
penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction
surface for John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA
(Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground
level.
b. Shade Standards
Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to
shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the
applicant and submitted to the City. The shade study shall demonstrate that the new development will
not add shade to the designated residential areas beyond existing conditions for more than three hours
between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours
between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time.
The shade study shall be prepared to the satisfaction of the Planning Director and the Planning
Director shall determine conformance with the standards identified herein as part of the plan review
process.
B. Setback Requirements
Setbacks for the four sub -areas are listed below. Setbacks for surface parking must be screened using
hedges, landscaping or other similar methods. Unless otherwise stated, setbacks are the minimum
distance from the face of curb to building, parking structure, or parking lot.
Fashion Island
Newport Center Drive: 10 feet; may be reduced to 0 feet by the Planning Director
through the plan review process.
Block 500
Newport Center Drive: 15 feet
Santa Rosa: 15 feet
San Joaquin Hills: 15 feet
San Nicolas: 15 feet
Block 600
Newport Center Drive: 15 feet
Santa Cruz: 15 feet
San Simeon: 15 feet
San Joaquin Hills: 15 feet
Santa Rosa: 15 feet
Center Drive (e /w):0 feet
Center Drive (n/s): 0 feet
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Land Uses, Development Standards & Procedures
Section 111. Site Development Standards
San Joaquin Plaza
San Joaquin Hills: 15 feet
Santa Cruz: 15 feet
San Clemente: 15 feet
Santa Barbara: 15 feet
C. Parking Requirements
1. General Standards
Parking requirements are based on gross floor area (as defined in the Development Limits for
Fashion Island) for regional commercial uses, net floor area for officelcommercial uses, and unit
counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not
be included in the calculation of required parking. Accessory, ancillary and resident support uses for
hotel and residential developments shall not be included in the calculation of required parking.
Parking requirements for North Newport Center are shown below on Table 4, North Newport Center
Parking Requirements.
Table 4 - North Newport Center Parking Requirements
Land Use
Parking Requirement
Regional Commercial
3 spaces per 1,000 square feet
Movie Theater
3 spaces per 1,000 square feet
Office
1 space per 375 square feet
Medical Office
1 space per 250 square feet
Hotel
Municipal Code
Residential
2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up
to 50 units, then 0.25 spaces per unit thereafter for guest parking
Other
I Municipal Code
2. On -Street Parking
On- street parking shall be counted towards the parking requirement as shown in Table 5, On- Street
Parking.
Table 5 — On -Street Parking
Sub -Area
On -Street Parking
Fashion Island
Adjacent on-street parking on Newport Center Drive
Block 500
Adjacent on- street parking on Newport Center Drive and San Nicolas
Block 600
Adjacent on -street parking on Newport Center Drive
3. Valet Parking
Valet parking and satellite parking with shuttle service that involves use of the public right -of -way
shall require approval by the City Traffic Engineer.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
4. Parking Management Plan
Parking management plans may be prepared if the applicant wishes to deviate from the parking
standards identified above.
Parking management plans may address issues such as modified parking requirements based upon
complimentary peak hour demand of uses, off peak shared parking between sub - areas, drop off and
valet services on private property, and tandem parking.
Parking management plans shall be prepared by an independent traffic engineer at the applicant's
expense. Parking management plans shall be approved by the City Traffic Engineer prior to the
issuance of building permits.
A Landscaping
Landscaping shall be installed subject to the following standards; and maintained in a healthy, weed -
free condition, free of litter and so as not to interfere with traffic safety
1. Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of
1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box.
2. Water Conservation: Satellite linked irrigation controllers or appropriate best
management practices shall be incorporated into landscape design for new construction.
E. Lighting
Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum
maintained 0.5 foot - candle on the driving or walking surface during the hours of operation and one
hour thereafter.
Indirect, decorative halo banding along the top of buildings is permitted.
F. Signs
1. General Sign Standards
All permanent and temporary signs in North Newport Center that are visible from public right -of-
ways and public property shall be consistent with the provisions of these sign standards, unless
otherwise approved by the Planning Director. All permanent and temporary signs that are not visible
from public right -of -ways are not limited in quantity, size, location, or design.
Signs that are visible from public right -of -ways must consist of individual fabricated letters; or
routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless
they are logos.
All commercial uses are permitted to place at each entry an incidental sign located at or below eye
level to be visible to pedestrians, and shall not exceed six square feet.
In addition to other signs permitted in this section, signs used to give direction to vehicular or
pedestrian traffic are permitted. Said signs shall not contain advertising message and shall be subject
to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the
North Newport Center Planned Community Development Plan 16
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
provisions of the Municipal Code. Directional signs that are visible from public right -of -ways are
limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design.
Temporary signs that are visible from public right -of -ways and intended to be displayed for 60 days
or less are permitted for purposes related to special events, holiday activities and store openings.
Detailed standards for temporary signs are contained below.
A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign
standards identified herein. Comprehensive sign programs shall be submitted for review and
consideration in accordance with the provisions of the Municipal Code.
2. Restricted Sign Types
Signs visible from public right -of -ways are subject to the following restrictions:
a. No rotating, flashing, blinking, or signing with animation shall be permitted on a
permanent basis.
b. No signs shall be permitted which imitate or resemble official traffic signs or signals.
C. No wind signs or audible signs are permitted.
Animated signs visible from public streets are not allowed unless otherwise permitted by the
Municipal Code.
3. Sign Standards for Fashion Island
In addition to the general sign standards identified above, specific sign standards for Fashion Island
are provided in Table 6, Fashion Island Sign Standards below.
Table 6, Fashion Island Sign Standards
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Maximum Sign
Maximum Letter]
Sign Type
Location
Maximum Number
Size
Logo Height
Shopping Center
Each vehicle entry drive
2 per entry drive
100 square feet
—
Identification Sign
location
(one on each side)
10 feet high
Major Tenant Sign
Exteriorwalls or parapets
1 sign per building
—
10 feet
of buildings
elevation (maximum
(sign illumination
4 signs for each
permitted)
major tenant)
Freestanding
Exterior wells or parapets
1 sign per building
—
3 feet
Commercial
of buildings
elevation (maximum
(sign illumination
4 signs for each
permitted)
building or structure)
Monument
1 per building
50 square feet
—
5 feet high
(sign Illumination
permitted)
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
4. Sign Standards for Mixed -Use Blocks
In addition to the general sign standards identified above, specific sign standards for the Mixed -Use
blocks are provided in Table 7, Sign Standards for Mixed -Use Blocks below.
Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the
case of necessity), and be located on the building so that they are visible from adjacent frontage roads
and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which
have their primary address numbers on the cubes along Newport Center Drive. Secondary address
signs may be located where appropriate for on -site orientation and safety. All address signs shall
have a consistent color, design, and material for any given building. A single letter style is
recommended.
Table 7 — Sign Standards for Mixed -Use Blocks
Maximum Sign
Maximum Letter/
Sign Type
Location
Maximum Number
Size
Loo Height
Tenant Sign
Exterior elevations of
2
1 square foot per
—
Sign
shopping center and
(1 per corner)
each lineal foot of
(sign illumination
Santa Cruz Drive at Newport
facing Newport Center
15 feet high
storefront (not to
permitted)
Drive
exceed 100 square
Santa Cruz Drive at San Joaquin
2
feet
24 inches
Theater Signs
Facing Newport Center
1
—
Theater Name:
San Clemente Drive at Santa Cruz
Drive (Exterior wall or
5 feel high
18 inches
5 feet
parapet of building which
12 feet wide
Each Show Title:
Tenant Identification
theater occupies, free
1
5 feel high
3 Net high
Signs
standing, or on adjacent
5 feet wide
15 feet wide
Between 500 and 550 Newport
parking structure)
4 feet high
18 inches
(sign illumination
Center Drive
12 inches wide
permitted)
Store Address Signs
Each entry to store
1 per store entry
6 square feet
—
Entry Marker Signs
To be approved by
7 signs
36 square feet (with
—
Planning Director
2 -foot overhang)
(sign illumination
15 feet high
permitted)
4. Sign Standards for Mixed -Use Blocks
In addition to the general sign standards identified above, specific sign standards for the Mixed -Use
blocks are provided in Table 7, Sign Standards for Mixed -Use Blocks below.
Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the
case of necessity), and be located on the building so that they are visible from adjacent frontage roads
and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which
have their primary address numbers on the cubes along Newport Center Drive. Secondary address
signs may be located where appropriate for on -site orientation and safety. All address signs shall
have a consistent color, design, and material for any given building. A single letter style is
recommended.
Table 7 — Sign Standards for Mixed -Use Blocks
1. May include names of tenants and uses at Fashion Island.
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Maximum
Maximum Letter/
Sign Type
Location
Maximum Number
Sign Size
Logo Height
Project Identification
Santa Rosa Drive at San Joaquin
2
15 feet high
24 inches
Sign
Hills Road'
(1 per corner)
15 feet wide
Santa Cruz Drive at Newport
1
15 feet high
24 inches
Center Drive
15 feet wide
Santa Cruz Drive at San Joaquin
2
15 feet high
24 inches
Hills Road
(l per comer)
15 feet wide
San Clemente Drive at Santa Cruz
1
5 feel high
18 inches
Drive
12 feet wide
Tenant Identification
San Nicolas Drive at Newport
1
5 feel high
5 inches
Signs
Center Drive
5 feet wide
Between 500 and 550 Newport
1
4 feet high
18 inches
Center Drive
12 inches wide
1. May include names of tenants and uses at Fashion Island.
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Section III. Site Development Standards
5. Temporary Signs
The following standards are intended to produce consistent sign design for temporary signs within
Newport Center. Temporary signs are to identify a future site or project; or a facility under
development or offered for lease. Temporary signs that are visible from public right -of -ways and
identify new construction or remodeling may be displayed for the duration of the construction period
beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction. The
top of the sign must be no greater than 20 feet above grade.
Maximum Number: One (1) temporary sign is permitted on a site for each frontage street,
up to two (2) signs per building, but not at the same comer of the building.
2. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site.
North Newport Center Planned Community Development Plan 19
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Maximum
Maximum Letter/
Sign Type
Location
Maximum Number
Sign Size
Logo Height
Newport Center Drive and Santa
2
5 feet high
5 inches
Rosa
(l per coma )
5 feet wide
Newport Center Drive and San
1
5 feet high
5 inches
Nicolas
5 feet wide
Block 600: Along Newport Center
5
5 feet high
5 inches
Drive
5 feet wide
Block 600: Along Santa Cruz Drive
2
5 feet high
5 inches
5 feet wide
San Joaquin Plaza: Along San
1 each
6 feet high
5 y: inches for Tenant
Joaquin Hills Road; Santa Cruz
12 feet wide
Identification
Drive along San Clemente Drive
18 inches for Project
San Clement Drive
Identification
Landscape Wall Sign
Block 500: facing Newport Cella
—
—
18 inches
Drive
Block 600: facing streets
2 facing San Joaquin
—
18 inches
Hills; 5 facing Newport
Center Drive;1 facing
Santa Rosa
Building Sign
On building elevation
2 per Primary Tenant
—
Primary Tenant • 24
1 per Secondary
inches
Tenant
Secondary Tenant -
16inches
Building Address Signs
On building elevation
1 each
—
24 inches
(additional address
signs may be located
where appropriate for
cite orientation)
Freestanding Building
Santa Rosa Drive at Newport
1 each
—
18 inches
Address Signs
Center Drive; San Nicolas Drive at
Newport Center Drive; Santa Cruz
at Newport Center Drive
Advisory Signs
Parking Lots
As appropriate for
4 feet high
—
safety and orientation
Drive Through Signs
—
1 per tenant per
8 feet wide
15 inches
elevation, up to 2 on
walls of structure
5. Temporary Signs
The following standards are intended to produce consistent sign design for temporary signs within
Newport Center. Temporary signs are to identify a future site or project; or a facility under
development or offered for lease. Temporary signs that are visible from public right -of -ways and
identify new construction or remodeling may be displayed for the duration of the construction period
beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction. The
top of the sign must be no greater than 20 feet above grade.
Maximum Number: One (1) temporary sign is permitted on a site for each frontage street,
up to two (2) signs per building, but not at the same comer of the building.
2. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site.
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Section III. Site Development Standards
Type: Single- or double -faced ground signs or wall signs.
Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall
signs, they must be located below the sill of second floor windows.
Design: Rectangular shape; rigid, permanent material; not fabric.
Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface;
not overlapping glass or wall surface.
Duration: Signs may exist from the time of lease or sale of the parcel until the construction
and /or leasing of the facility is complete.
G. Residential Compatibility
In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North
Newport Center include uses and events that have the potential to generate noise. Due to the
day /evening use of Fashion Island in particular, noise generating activities, lighting, odors from
restaurants, and similar occurrences are produced and take place during all hours of operation. Such
uses and events are required to comply with the City's Municipal Code regulating these uses.
Disclosures shall be made to prospective buyers/tenants of residential developments that there is an
expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use
concept within North Newport Center. Additionally, the disclosure shall indicate that there is an
expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to
suburban residential areas.
H. Residential Open Space Requirements
The following open space standards shall apply to residential development projects:
1. Common Outdoor Open Space
Each project shall provide common outdoor open space either at grade, podium level, or roof level.
Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain
active and/or passive areas and a combination of hardscape and landscape features, but a minimum of
10 percent of the common outdoor open space must be landscaped. All common outdoor open space
must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor
open space based on the residential lot area.
2. Common Indoor Space
Each project shall provide at least one community room of at least 500 square feet for use by all
residents of the project. The area should be located adjacent to, and accessible from, common
outdoor open space. This area may contain active or passive recreational facilities or meeting space,
and must be accessible through a common corridor.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
3. Private Open Space
At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof
terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet.
Balconies should be proportionately distributed throughout the project in relationship to floor levels
and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with
the General Plan.
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
IV. Planned Community Development Plan Administration
A. Process for New Structures
1. Purpose and Intent
The purpose of the Plan Review process is to provide for review of development proposals for new
structures within the North Newport Center Planned Community district. Prior to the issuance of a
building permit, all development proposals shall be subject to a Plan Review by the Planning
Director for review to determine compliance with the Planned Community Development Plan and
North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary
structures and uses are exempt from this provision.
2. Submittal Contents
Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough
review of the relationships between uses on the site and on adjacent sites consistent with the
Development Plan and the Design Regulations. At the discretion of the Planning Director, the
requirements for submittal of a Plan Review may be altered from those set forth below when the
Director determines that other information will be sufficient to allow a thorough review of the project
by the approving authority.
Submittals for Plan Review shall include plans that contain the following elements in addition to the
City's submittal requirements for plan check:
a. Existing Conditions including adjacent structures and proposed improvements
b. Floor Plans
C. Elevations that clearly demonstrate the architectural theme of each face of all
structures, including walls and signs, illustrating the following:
1) All exterior materials
2) All exterior colors
3) Building heights
d. Parking management plan (where applicable)
e. Preliminary Landscape Plan, illustrating:
I ) General location of all plant materials, by common and botanical names
2) Size of plant materials
3) Irrigation concept
f. Lighting Plan, including: locations, fixture height, lighting fixture product type and
technical specification
g. Permitted and proposed floor area, number of hotel rooms, theater seats, and /or
residential units
h. Statement of consistency with the General Plan, Planned Community Development
Plan and Design Regulations
i. Any additional background and supporting information, studies or materials that the
Planning Director deems necessary for a clear representation of the projects
j. Shade analysis if required
k. Open Space Plans for residential projects
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
3. Review and Action
Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the
project if he /she makes the following findings:
a. The proposed use and /or development is consistent with the General Plan.
b. The proposed use and/or development is consistent with the North Newport Center PC
Development Plan and Design Regulations.
The Planning Director action is the final action unless appealed in accordance with the Municipal
Code.
B. Process for New Signs
Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall
be reviewed for consistency with the Development Plan and Design Regulations.
C. Transfer of Development Rights
The following procedure shall be used for the transfer of development rights.
1. The project applicant shall submit an application to the Planning Director, which
identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be
relocated, and the sending and receiving sites. If the requested transfer includes the
conversion of non - residential uses, the application shall also identify the quantity of
entitlement, by use category, before and after the transfer.
2. The City Traffic Engineer shall perform a traffic analysis to determine the total number
of PM peak hour trips that would be generated by development allowed with and
without the transfer. Trip generation rates shall be based on standard trip generation
values in the current version of ITE's "Trip Generation," unless the Traffic Engineer
determines that other rates are more valid for the uses involved in the transfer.
3. Depending on the location of the sending and receiving sites, the Traffic Engineer may
determine that a more detailed traffic analysis is required to determine whether adverse
traffic impacts will result from the transfer. This analysis shall demonstrate whether
allowed development, with and without the transfer, would either cause or make worse
an unsatisfactory level of service at any primary intersections for which there is no
feasible mitigation. This analysis shall be consistent with the definitions and procedures
contained in the Traffic Phasing Ordinance of the Municipal Code, except that
"unsatisfactory level of service" shall be as specified in the General Plan.
4. If the transfer request involves the conversion of uses, the Planning Director shall
perform a land use intensity analysis to determine the floor area that could be developed
with and without the transfer. For purposes of this analysis, theater use shall be
allocated 15 square feet per seat. Hotel use shall be allocated the number of square feet
per room at which it is included in the General Plan. When the General Plan does not
specify intensity for hotel rooms, it shall be as determined by the Planning Director.
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
5. Applications for transfer of development rights shall be considered by the City Council.
The City Council shall approve a transfer of development rights only if it fmds that the
transfer will result in no more trips and no greater intensity of land use than the
development allowed without the transfer. In addition, if the traffic study in
Subsection c. is required, the City Council shall approve the transfer only if it results in
no greater traffic impact than the development allowed without the transfer.
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Land Uses, Development Standards & Procedures
Section V. Definitions
V. Definitions
All words and phrases used in this North Newport Center PC shall have the same meaning and
definition as used in the City of Newport Beach Municipal Code unless defined differently in this
section.
Advisory Sign: Any sign that contains direcfional or safety information; does not contain
advertisements.
Audible Signs: Any sign that uses equipment to communicate a message with sound or
music.
Banks/Savings & Loans: Establishments that provide a full range of retail banking and
mortgage loan services to individuals and businesses. Includes only those institutions
engaged in the on -site circulation of cash money. Also includes businesses offering check -
cashing services. Drive- through or drive -up service included.
Building Elevation: The exterior wall surface formed by one (1) side of the building.
Business, Government and Professional: Offices of firms, individuals or organizations that
provide professional, executive, management or administrative services (e.g., architectural,
engineering, government, insurance, investment, legal, planning, etc.). Includes adminis-
trative, clerical or public contact offices of a government agency, including incidental storage
and maintenance of vehicles. Support retail and service uses also allowed.
Emergency Health Care: Establishments that provide emergency medical service with no
provision for continuing care on an inpatient basis.
Public Safety Facilities: Police, fire, paramedic and emergency service facilities.
Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales
and services. Generally mobile in terms of ease of relocation, the structures can be seasonal,
temporary or for a more permanent use.
Commercial, Recreation and Entertainment: Establishments providing participant or
spectator recreation or entertainment, either indoors or outdoors, for a fee or admission
charge. Illustrative examples of these uses include:
arcades or electronic games centers having three or more coin - operated game
machines
bowling alleys
billiard parlors
cinemas
ice/roller skating rinks
live entertainment
pool rooms
tennis/racquetball courts
theaters
Cultural Institutions: Public or private institutions that display or preserve objects of
community, or cultural interest in one or more of the arts or sciences.
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Land Uses, Development Standards & Procedures
Section V. Definitions
Department Store: A store selling a wide variety of goods or services arranged in several
departments.
Day Care: Non - medical care and supervision of children or adults on a less than 24 hour
basis, including nursery schools, preschools, and day care centers.
Day Spas: Establishments that specialize in the full complement of body care including, but
not limited to, body wraps, facials, pedicures, make -up, hairstyling, nutrition, exercise, water
treatments and massage which is open primarily during normal daytime business hours and
without provisions for overnight accommodations.
Eating and Drinking Establishments: Establishments engaged in serving prepared food or
beverages for consumption on or off the premises.
Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic
beverages for consumption on the premises or establishments having any of the following
characteristics:
Licensed as a "public premises" by the California Department of Alcoholic
Beverage Control.
Provides an area for serving alcoholic beverages that is operated during hours not
corresponding to regular meal service hours. Food products sold or served
incidentally to the sale or service of alcoholic beverages shall not be deemed as
constituting regular food service.
Entry Marker Sign: Sign used to provide information on activities and events, as well as
advertise stores and shops within a shopping center.
Eye Level: The height of 5 feet measured from grade.
Freestanding Commercial: Any building with a commercial use which is separated from
other commercial uses by parking and/or streets.
Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or
open to the sky, which is primarily for use by people on foot and is not adjacent to the
frontage road or common parking areas.
Major Building: A mall building over 50,000 square feet.
Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space,
which is located within or between other commercial buildings.
Mall Building: Retail buildings where stores front a pedestrian walkway, which may be
enclosed or open.
Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative
examples of these uses include:
- eye exam, eyeglass /contact lens sales
- skin treatments
- body scanning
- dental enhancement treatments
Minor Use Permit: Use permit issued by the Planning Director.
North Newport Center Planned Community Development Plan 28
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Land Uses. Development Standards & Procedures
Section V. Definitions
Monument Sign: Any sign that is supported by its own structure and is not part of or
attached to any building.
Parking Structure: Structures containing more than one story principally dedicated to
parking. Parking structures may contain accessory, ancillary and resident support uses.
Periphery Building: Building located along the ring of Fashion Island adjacent to Newport
Center Drive.
Personal Improvement: Includes those services that are personal and that promote the
health and well -being of an individual.
Personal Services: Establishments that provide recurring services of a personal nature.
Illustrative examples of these uses include:
- barber and beauty shops
- clothing rental shops
- dry cleaning pick up store with limited equipment
- dry cleaning with no on -site equipment
- home electronics and small appliance repair
- postal services
- locksmiths
- self - service laundries
- shoe repair shops
- tailors and seamstresses
- tanning salons
- printing & duplicating
- travel agencies/services
- nail salon
Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal;
a level of vertical segregation linking separate areas.
Primary Tenant: The largest tenant of a building.
Project Identification Sign: A free - standing (single or double faced) monument sign
containing the project name.
Regional Commercial Gross Floor Area: Refer to Section II.B.1 above.
Residential: An area within a structure on a parcel that contains separate or independent
living facilities for one or more persons, with area or equipment for sleeping, sanitation or
food preparation.
Resident Support Uses: Uses within residential developments and residential parking
structures designed, oriented, and intended to primarily serve building occupants. This
includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be
consistent with the pertinent regulations in Table 1.
North Newport Center Planned Community Development Plan 29
rUSro7
Land Uses, Development Standards & Procedures
Section V. Definitions
Retail Sales: Stores and shops which sell various lines of merchandise for profit. This
includes the sales of non - durable and durable goods to customers. Illustrative examples of
these stores and lines of merchandise include:
- antiques
- appliances
- artists supplies
- automotive accessories (no installation)
- animal sales and services
- bakeries
- bicycles
- books
- cameras and photographic supplies
- carpeting and floor covering
- clothing and accessories
- convenience markets /stores
- department stores
- drug and discount stores
- dry goods
- electronic equipment (including automotive installation)
- food and beverages
- gift shops
- handcrafted items
- hardware
- hobby materials
- jewelry
- real estate information center
- luggage and leather goods
- medical supplies and equipment
- musical instruments, parts and accessories
- office supplies
- paint and wallpaper
- pharmacies
- shoe stores
- specialty shops
- sporting goods and equipment
- supermarkets
- tobacco
- toys and games
Secondary Tenant: A small tenant; not the primary tenant of an office building.
Sign: Any media, including their structure and component parts which are used or intended
to be used out -of -doors to communicate information to the public.
Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images
composing the sign.
Sign Face: The physical plane and /or surface upon which the working or images are applied.
North Newport Center Planned Community Development Plan 30
11/8/07
Land Uses, Development Standards & Procedures
Sign Letter: The individual symbols of the alphabet used in forming the words of a message.
Shopping Center Identification Sign: A monument sign identifying a shopping center.
Tenant Sign: Any permanent sign of an establishment that+ is located on or attached to the
storefront elevation, a covered walkway, or an awning for the purpose of communicating the
name of the tenant.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of
cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or
without frames, intended to be displayed for a limited period of time.
Theater Sign: Any permanent sign used to communicate tolthe public the name of a theater
and the show(s) or movie(s) that are offered.
Vehicle Entry: Any intersection points along the public riot -of -way that provide access for
automobiles.
Visitor Accommodations: Establishments offering lodging rooms, including bed and
breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses.
Wind Sign: A series of similar banners or objects of plastic or other light material more than
2 inches in diameter which are fastened together at intervals: by wire, rope, cord, string or by
any other means, designed to move and attract attention upon being subjected to pressure by
wind or breeze.
North Newport Center Planned Community Development Plan 31
1118/07
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
NORTH
NEWPORT CENTER
DESIGN
REGULATIONS
North Newport Center Design Regulations
[1/8/07
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
I. Introduction ..........................................................................................................
............................... 1
A. Purpose of Design Regulations ..........................................................................
..............................1
B. Newport Center Design Framework ...................................................................
..............................1
C. North Newport Center ........................................................................................
..............................4
Il. Design Regulations ...............................................................................................
..............................7
Usingthese Regulations ..............................................................................................
............................... 7
A. Building Location and Massing .........................................................................
..............................7
1. Site Planning Elements ............................................................................
..............................7
2. Building Envelope ...................................................................................
..............................9
3. Building Character and Style ...................................................................
..............................9
4. Building Materials and Colors ................................................................
.............................11
5. Parking Structures ...................................................................................
.............................11
B. Landscape ..........................................................................................................
.............................12
1. Overall Landscape ...................................................................................
.............................12
2. Perimeter and Street Landscape ..............................................................
.............................13
3. Parking Lot Landscape ............................................................................
.............................14
4. Internal Landscape ..................................................................................
.............................15
C. Circulation .........................................................................................................
.............................15
1. Streets and Pedestrian Activity ...............................................................
.............................15
2. Service and Emergency ...........................................................................
.............................19
3. Parking Lots ............................................................................................
.............................20
D. Orientation and Identity ....................................................................................
.............................21
1. Gateways and Entrances .........................................................................
.............................21
2. View Corridors ........................................................................................
.............................22
3. Landmarks ...............................................................................................
.............................23
4. Signage ....................................................................................................
.............................24
5. Lighting ...................................................................................................
.............................25
North Newport Center Design Regulations
1118/07
I..A
I. Introduction
A. Purpose of Design Regulations
The Design Regulations expand upon the regulations set forth in the Planned Community
Development Plan. The Design Regulations are intended to be used for reference by the City of
Newport Beach as part of the plan review process. It is recognized that North Newport Center
will be built and redeveloped over time and that not all regulations may be achieved nor are
applicable for any given project.
All new commercial and residential development shall be subject to the North Newport Center
Design Regulations. Review for compliance of projects under this section shall occur through
the plan review process, as defined in the Development Plan, prior to building permit issuance.
B. Newport Center Design Framework
Newport Center is a 600 -acre master planned area. Development within Newport Center began
in the 1960s and generally has followed the following guiding principles:
I. Strong physical urban design framework which provides structure and character yet
allows flexibility
Z. Synergistic mix of land uses, market driven to insure economic vitality
3. Balanced and dispersed auto access
4. Organized in "blocks" and districts to break down scale and provide identity
5. Pedestrian Orientation
6. Building massing that responds to topography, with taller buildings located along San
Joaquin Hills Road
7. Unifying architectural and landscape character
North Newport Center Design Regulations
11/8/07
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Early Newport Center Planning Diagrams and Sketches (circa 1960)
The design regulations provide standards that govern future development so that, to the extent
feasible, the initial design framework is carried forward and the design and development
policies from the Land Use Element of the General Plan are implemented.
North Navvon Center Design Regulatans
11007
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
General Plan Policies
Newport Center
The following policies from the Land Use Element are for Newport Center as a whole.
Development within North Newport Center should contribute toward the policies whenever
possible.
• Development Scale: Reinforce the original design concept for Newport Center by
concentrating the greatest building mass and height in the northeasterly section along
San Joaquin Hills Road, where the natural topography is highest and progressively
scaling down building mass and height to follow the lower elevations toward the
southwesterly edge along East Coast Highway.
• Urban Form: Encourage that some new development be located and designed to orient
to the inner side of Newport Center Drive, establishing physical and visual continuity
that diminishes the dominance of surface parking lots and encourages pedestrian
activity.
• Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses
within the district be improved with additional walkways and streetscape amenities
concurrent with the development of expanded and new uses.
• Fashion Island Architecture and Streetscape: Encourage that new development in
Fashion Island complement and be of equivalent or higher design quality than existing
buildings. Reinforce the existing promenades by encouraging retail expansion that
enhances the storefront visibility to the promenades and provides an enjoyable retail
and pedestrian experience. Additionally, new buildings shall be located on axes
connecting Newport Center Drive with existing building to provide visual and physical
connectivity with adjoining uses, where practical.
Mixed -Use District and Neighborhood
The following policies from the Land Use Element are City -wide in orientation. Development
within North Newport Center should contribute toward the policies whenever possible.
Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high
level of architectural and landscape quality and ensure compatibility among their uses
in consideration of the following principles:
- Design and incorporation of building materials and features to avoid conflicts
among uses, such as noise, vibration, lighting, odors, and similar impacts
- Visual and physical integration of residential and non - residential uses
- Architectural treatment of building elevation and modulation of their massing
- Separate and well- defined entries for residential units and non - residential
businesses
- Design of parking areas and facilities for architectural consistency and
integration among uses
- Incorporation of extensive landscape appropriate to its location; urbanized
streetscapes, for example, would require less landscape along the street
North Newport Center Design Regulations
1118/07
Land uses. Development standards 6 Procedwes
Appendx — Doslgn Regubtiom
frontages but integrate landscape into interior courtyards and common
open spaces
dfixed -Use Building Location and Size of Non- Resldentfat Uses Require that 100
percent of the ground floor street frontage of Mixed -Use buildings be occupied by
retail and other compatible non - residential uses, unless specified otherwise by policies
for a district or condor.
Parcels buegratbng Reridentlat and Non - Residential Uses: Require that properties
developed with a mix of residential and non - residential uses be designed to achieve
high levels of architectural quality in accordance with policies related to the character
and quality of multi - family residential and the architecture and site design of
commercial districts, be planned to assure compatibility among the uses, and provide
adequate circulation and parting. Residential uses should be seamlessly integrated with
non - residential uses through architecture, pedestrian walkways, and landscape. They
should not be completely isolated by walls or other design elements.
Dlstricts Guegraring Residential and Non- Residential Uses: Require that sufficient
acreage be developed for an individual use located in a district containing a mix of
residential and non - residential uses to prevent fragmentation and assure each use's
viability, quality, and compatibility with adjoining uses.
Aerial of Newport Center — 2007
C. North Newport Center
North Newport Center consists of properties on the higher elevations of Newport Center
between San Joaquin Hills Road and the Newport Center ring road (Blocks 500 and 600 and
San Joaquin Plaza), as well as the core of Newport Center, Fashion Island.
North Newport Center Design Regulations
1118107
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper
edge of Newport Center. To the south and southeast are office buildings, movie theaters,
restaurants, service retail, the Newport Transportation Center, the Newport Beach Central
Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport
Center are office buildings, an apartment community, a resort hotel, art museum, police station,
fire station, auto dealership, service station, and the Newport Beach County Club.
North Newport Center is a mixed -use district that features an open -air regional shopping
center, Fashion Island; a resort hotel; and a variety of office buildings that help form the
skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a
master planned environment featuring a consistent landscape.
North Newport Center Design Regulations
1118/07
Land Uses, Development Standards & Procedures
Appendix —Design Regulations
IL Design Regulations
Using these Regulations
These regulations are intended to be used in conjunction with other applicable codes, documents, and
ordinances to assess compliance of proposed projects. Each category of regulations begins with the
intent, which describes the overall character that is envisioned and what objectives are necessary to
attain the desired effect.
A. Building Location and Massing
Intent
The intent of the building massing and location standards is to ensure that new development
has an appropriate scale, is related to its use and location, and is properly integrated with
adjoining land uses and features.
1. Site Planning Elements
a. New commercial and residential buildings should respect the existing urban form,
which generally consists of buildings that are organized orthogonally to create
pedestrian - friendly courtyards and promenades that visually link the buildings into
clusters, as seen in the diagrams below.
Pedestrian promenade at
Fashion Island
Pedestrian courtyard at
550 Newport Center Dnve
Building interface at
San Joaquin Plaza
North Newport Center Design Regulations 7
1118107
Land Uses. Development Standards & Procedures
Appendix— Design Regulations
b. In Mixed -Use sub -areas, the development of a complex of buildings is preferable to
a single large structure because the varied massing provides visual interest and a
human scale. Additionally, the spaces created between the various buildings
provide opportunities for pedestrian plazas, courtyards and other outdoor gathering
areas.
C. New buildings should be oriented to and have features which reinforce and
enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize
pedestrian orientation by utilizing features such as plazas, courtyards, interior
walkways, trellises, seating, fountains and other similar elements.
d. New retail buildings should be located to enhance tenant visibility and identity,
while maintaining compatible relationships with adjacent structures and street
frontages.
e. New buildings should be arranged to provide convenient access to entrances and
efficient on -site circulation for vehicles and pedestrians. Projects should develop a
comprehensive open space network that uses plazas and other open space elements
to connect uses. Open space areas and the paths that link them should facilitate the
integration of adjacent land uses on the site.
New buildings with a strong street presence are encouraged in Fashion Island.
g. Residential development shall provide common outdoor open space areas for
residents. These areas should be configured and designed so as to address privacy
for residential uses while also providing linkages to the public open space
components of the project.
h. Planning and developing shared facilities such as driveways, parking areas,
pedestrian plazas and walkways, with adjoining properties, including those outside
of the North Newport Center Development Plan, is strongly encouraged.
Example of resident open space
North Newport Center Design Regulations
11/8/07
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
2. Building Envelope
a. New buildings should respect the existing development scale, which generally
consists of high -rise buildings (10+ stories) clustered along San Joaquin Hills Road
at the highest point in Newport Center. Mid -rise office buildings (5 -10 stories),
low -rise office buildings, and retail development are generally located at lower
elevations.
3. Building Character and Style
a. The character and style of new buildings located in Fashion Island should be
compatible with the classically inspired architecture of the existing buildings in
Fashion Island. The character and style of new commercial and residential
buildings located in the mixed -use sub -areas should be compatible with the existing
contemporary architecture or the classically inspired architecture of the existing
buildings.
b. New buildings within Fashion Island should continue and enhance the existing
pedestrian experience by promoting storefront visibility.
C. New buildings should reflect a timeless architecture with straightforward geometry,
a unified composition, the expression of floor levels and structure, and solid
parapets. Trendy, short- lived, idiosyncratic architectural styles are not appropriate;
although retail storefronts may reflect the design theme of the merchant.
d. The top of all roof - mounted equipment and communications devices should be
below the building parapet or equipment screens in a manner that hides them from
the street.
e. Ground level equipment, refuse collection areas, storage tanks and infrastructure
equipment should be screened from public right -of -ways views with dense
landscaping and/or walls of materials and finishes compatible with adjacent
buildings.
f. Above grade equipment, including backflow preventers at domestic water meters,
irrigation controllers, and cable television pedestals should not be visible from
public right -of -ways, when feasible.
g. Chain link fencing is not allowed, except to screen construction areas.
h. Avoid long, continuous blank walls, by incorporating a variety of materials and
design treatments and/or modulating and articulating elevations to promote visual
interest.
North Newport Center Design Regulations
1118/07
--tot m
7,4 1 "1 1
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IA-
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
4. Building Materials and Colors
a. Colors, materials, and finishes should be coordinated on all exterior elevations to
achieve continuity of design. Stripes and patterns are not appropriate; although
retail storefronts may reflect the design theme of the merchant.
b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid -
rise roofs.
C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick,
concrete, wood, and glass are acceptable materials for building walls.
d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick,
concrete, wood, and glass are acceptable materials for railings.
e. Service door and mechanical screen colors should be the same as, or compatible to,
the adjacent wall colors.
Example of appropriate retail finishes
5. Parking Structures
a. The architecture of new parking structures should be compatible, complementary,
and secondary to principal buildings.
b. The design of new parking structures in Fashion Island shall incorporate elements
(including landscaping) to soften their visual impact.
C. New parking structures in Fashion Island shall be located and designed in a manner
that is compatible with the existing pedestrian scale and open feeling of Newport
Center Drive.
d. Simple, regular forms are encouraged.
e. Views of parked vehicles should be screened.
f. The visual appearance of sloping floors should be minimized.
g. Interiors should be designed to promote a safe vehicular and pedestrian experience.
It. Vehicular entries for non - residential parking structures should be obvious and
inviting.
North Newport Center Design Regulations 11
1118107
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Vehicular entries to exclusively residential structures should be incorporated into
the structure so as to minimize the street presence of the parking structure entrance
and to avoid interrupting the continuity of the street facing building elevations.
rectangular form and vines to soften visual
impact
B. Landscape
Intent
demonstrating rectangular form and varied
landscape to soften visual impact
The intent of the landscape standards is to ensure that new commercial and residential
development preserves and enhances the existing landscape character of North Newport
Center.
1. Overall Landscape
a. New development should promote an evergreen plant palette that is appropriate in
the Mediterranean climate of Southern California. Plant materials should be of a
native or drought - tolerant species where appropriate and provide variety, while
being consistent with the existing landscape pattern and architectural design of the
building.
b. Landscape and site design will incorporate Best Management Practices (BMPs) to
address low -flow runoff and storm water runoff. Landscaped areas within the
project will be provided and used to treat runoff from impervious surfaces and roof
drains prior to being discharged into the storm drain system.
C. The landscape palette should consist of two distinct groups of plant materials:
• Accent planting, including palms, cypress, and color accents
• Background planting, including evergreen canopy trees and shrubs
d. The overall landscape should be dominated by background planting with accent
planting in key areas corresponding to the land use and development intensity.
North Newport Center Design Regulations 12
1118107
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
e. Planting should be organized in layers of plant size and variety such as flowering,
cascading, or climbing plants. Contrasts in color and texture should be used to
enhance the layering of plants.
complementing the building form
2. Perimeter and Street Landscape
a. The landscape on the perimeter of sub -areas and along streets of new commercial
and residential development should complement the street tree pattern, enhance the
pedestrian experience, screen parked vehicles, and soften the view of parking
structures.
b. Existing trees along public streets should be preserved, and new trees should be
installed to fill in gaps.
C. Evergreen hedges should be used to screen the lower portions of parked cars.
d. Evergreen planting should be used to screen parking structures.
North Newport Center Design Regulations 13
1118/07
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
San Nicolas landscape showing screening of
parked cars
San Joaquin Hills Road landscape
3. Parking Lot Landscape
Landscape adjacent to 888 San Clemente
parking structure
a. New surface parking lots should have evergreen canopy trees to provide shade.
b. A uniform evergreen tree type should be used for parking lot fields, with a different
uniform evergreen tree type used to highlight the major parking aisles.
C. Evergreen hedges should be used to screen parked cars.
North Newport Center Design Regulations 14
11!8!07
standards &
screen parked cars
4. Internal Landscape
a. New courtyards and promenades should continue the existing pedestrian
experience by promoting visual continuity, shade and an evergreen landscape.
b. Trees should be installed to shade appropriate walkways and cause an interesting
and varied pedestrian experience.
pedestrian experience
C. Circulation
visual continuity
Intent
The intent of the circulation criteria is to ensure that new commercial and residential
development enhances existing circulation patterns by maintaining existing, upgrading existing
and providing new street and walkway connections.
I. Streets and Pedestrian Activity
a. New development should preserve and enhance the existing attractive street scene,
promote safe and convenient driving practices, and encourage street level
pedestrian activity.
15
North Newport Center Design Regulations
1118107
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
b. All buildings should be publicly accessible via a path or walkway from a public
sidewalk.
C. The crescent walk linking Block 500 and Block 600 along Newport Center Drive
and pedestrian connections to /in Fashion Island should be preserved and enhanced
where feasible. Connections from the crescent walk into courtyards, plazas, and
other gathering areas in Block 500 and Block 600 should be provided where
possible.
d. Each sub -area should demonstrate an internal pedestrian network of walks and
paseos that connect to the larger Newport Center pedestrian system.
e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping,
should occur between Newport Center Drive and the retail core of Fashion Island.
f. Amenities such as benches, plazas and other pedestrian- oriented facilities should be
provided at pedestrian destinations.
g. To promote the vitality of the street scene, pedestrian bridges and tunnels which
remove pedestrians from the street level are not allowed.
h. New benches, street trees, directional signs, trash receptacles, and exterior lighting
are encouraged in the public right -of -ways to reinforce pedestrian activity.
i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is
compatible with the character of the existing development.
Center Drive to Fashion Island
Example of pedestrian amenities
Example of pedestrian connectivity to the street
(between 500 and 550 Newport Center Drive)
Example of the crescent walk design
framework
North Newport Center Design Regulations 16
11!6/07
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2. Service and Emergency
a New commercial and residential development should promote efficient circulation
for service and emergency vehicles.
b• Major loadin
areas to g docks should is located away frail front doors and from separate service traffic from other traffic.
m residential
C. from bays should be
interference with pedestrian and vehics minimize their visual
ular flows prominence and any
d• Turf -block may be
Y used in landscape areas where fire access is necessary.
e. Truncated domes should be a contrasting color, other than
coordinated with the paving material unless otherwise required b be
standards. Yellow, and should
by federal or state
North Newport Center Design R
11!8!07 9 Regulations
ig
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
3. Parking Lots
a. Parking areas should not create a separation between adjacent land uses and
buildings.
b. Parking lots at new development should promote efficient circulation for vehicles
and pedestrians.
C. Convenient, well marked and attractive pedestrian access should be provided from
parking lots to buildings.
d. The use of permeable surfaces is encouraged.
r �
Pedestrian entrance from surface parking at
680 Newport Center Drive demonstrating flow
from parking to building
Well-defined pedesman walkway in 500 1550
Newport Center Drive parking lot
Drive into Fashion Island at San Nicolas
North Newport Center Design Regulations 20
11/8/07
Land Uses, Development Standards & Procedures
Appendix— Design Regulations
A Orientation and Identity
Intent
The intent of the standards for orientation, identity, and safety is to ensure that new commercial
and residential development promotes wayfinding for residents and visitors, strengthens North
Newport Center's sense of place, and produces a safe environment.
1. Gateways and Entrances
a. New development should respect existing entries and, if entry modifications are
required, should integrate with the existing vehicular and pedestrian circulation
system.
b. Key landscape elements at the "landscape corners" should be retained.
San Joaquin Hills Road and MacArthur
San Joaquin Hills Road and Santa
North Newport Center Design Regulations 21
11/8/07
1i •PI
. " I -p
T I
- -----------
IIY
'j,
3.
11
Land Uses,
Landmarks •tioned and designed to serve
3
As appropriate, major new development may be Posi
as a landmark within North Newport Center.
Landmark elements may be included in building design to distinguish individual
c_A: --
23
North Newport Center Design Regulations
11 8107
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
4. Signage
a. New development should have signs that promote identity and wayfinding.
b. Signs should be designed to clearly communicate their messages.
C. Signs should be designed to complement the architecture and landscape.
d. Identification signs should be designed to convey the image of the project or
business.
e. Wayfinding signs should be unified within each sub -area.
f Simplicity and legibility are encouraged.
g. Ample blank space around sign copy is encouraged.
It. Animated signs visible from public streets are not allowed unless otherwise
permitted by the Municipal Code.
Signs may be internally - illuminated, halo-illuminated, externally- illuminated, or
non - illuminated.
Business identification sign
Directional sign
Temporary signs mounted on
construction fence
North Newport Center Design Regulations 24
tt/sro7
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
5. Lighting
a. The exterior lighting at new commercial and residential development should be
compatible with and enhance the existing lighting of the sub -area.
b. Light fixtures at walkways and parking lots should be coordinated in height, color,
and style.
C. Light fixtures should not cast off -site glare.
d. Building walls may be illuminated by downlights and uplights; light sources should
not be visible from public view.
e. Tops of buildings may be highlighted with bands of light.
f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in
service areas.
g. Low sodium lighting is not allowed.
h. ATM lighting shall conform to state code without causing offsite glare, such as
through the use of bollards, tree lights, pole lights, and soffit lights, rather than
floodlights and wallpacks.
i. in pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures
should be pedestrian scale.
Appropriate light bollard at Block 600
North Newport Center Design Regulations 25
11/8/07
n
u
0
EXHIBIT 11
0
0
SAN JOAQUIN PLAZA
(formerly Civic Plaza)
PLANNED COMMUNITY DISTRICT
REGULATIONS
u
Amendment No. 455
Ordinance No. 1649
December 22, 1975
Amendment No Resolution 2007
n
u
0
TABLE OF CONTENTS
Amendments.................................................. ...............................
Page 4
Introduction...................................................................................
SECTION I
...............................
STATISTICAL ANALYSIS ...... ...............................
Page 5
LAND USE PLAN ....... ...............................
Page 6
SECTION II
GENERAL NOTES .................. ...............................
Page 7
SECTION III
CIVIC, CULTURAL, BUSINESS
AND PROFESSIONAL OFFICES .........................
Page 8
Sub - Section A
Intent ........................................... ...............................
Page 8
Page 8
Sub - Section B
Permitted Uses ............................ ...............................
Sub-Section C
Building Location ....................... ...............................
Page 8
Sub - Section D
Building Height .......................... ...............................
Page 8
Sub - Section E
Parking ........................................ ...............................
Sub - Section F
Landscaping ................................ ...............................
Page 9
Sub - Section G
Loading Areas ............................ ...............................
Page 9
Sub - Section H
Refuse Collection Areas ............ ...............................
• Sub- Section I
Telephone and Electrical Service ............................••
Page 90
Sub - Section J
Signs ........................................... ...............................
Fienre 1 San Joaquin Plaza Planned Community Area ..................... Page
49
0
0
PLANNED COMMUNITY DISTRICT REGULATIONS
For San Joaquin Plaza
Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975 (Amendment
No. 455)
Amendment No. 1 March 12, 1979
P.C. Amendment No. 527; Resolution No. 9517
Amendment No. 2 November 23, 1987
P.C. Amendment No. 653; Resolution No. 87 -164
Amendment No. 3 January 13, 1992
P.C. Amendment No. 729; Resolution No. 92 -5
Amendment No. 4 April 27, 1992
P.C. Amendment No. 755; Resolution No. 92 -33
Amendment No. 5 October 9, 1995
P.C. Amendment No. 825, Resolution No. 95 -115
Amendment No. 6 March 22, 2005
Code Amendment No. 2004 -013; Resolution No. 1656
Ordinance 2005 -3
Amendment No. 7 2007
P.C. Amendment No. . Resolution No.
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MTRODUCTION
The San Joaquin Plaza Planned Community District C-19 for the City of Newport Beach is apart
of the Newport Center Development in conformance with the Newport Beach General Plan, ivltieh
W—ember 1973.
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The subject property is located in the northwestern area of Newport Center. It is Aasem to -bats
leaquin Hills Read en die n hounded by Santa Cruz Drive on the cast, and -San Clemente Drives
on the south.easand -Santa Barbara Drive toes the west.seirtlr, and aSurroundiny uses include an
existing police station fire station, automobile ageAeydealershin and service station onto the west
.and offices uses to the north.
The purpose of this RG4Plarmed Community) "PC" District is to provide a method whereby
property may be classified and developed for commercial activity, professional and business offices.
The specifications of this district are intended to provide flexibility in both the land use and
development standards for the planned building groups.
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SECTION L STATISTICAL ANALYSIS
San Joaquin Plaza
I. Proiect Are
a
Net Acreage' 2.9224.42
2. Percentage of Site Coverage (Site Plan)
a. Building Footprint 15 -20%
b. Parking Area 45 -50%
C. Landscape 35-40%
3. Square Foota2es of Uses
81lisec
337�261 Sq. F4=
Art Museum 30,000 Sq. Ft.
The shaded area in Figure I shows the San Joaauin Plaza Planned Communitv area.
I Net Acreage Site area within the existing property lines.
'-' c_Wm.-. 1 1991 e.:.,.;ng square feetage eAle -.,ble is 250,111 (Land Use at,.ment „c .t,e
City e fA1a,.,. ei4l3ea.6 Uesolutio.. No OD 1001 Oeteber 24 1988)
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San Joaquin Plaza
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■ San Joaquin Planned Community
Figure I — San Joaquin Plaza Planned Community
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SECTION IL GENERAL NOTES
1.
Water within the Planned Community area will be furnished by the City of Newport Beach.
2.
Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5.
3.
The subject property is within the City of Newport Beach. The Developer will provide the
necessary flood protection facilities under the jurisdiction of the City of Newport Beach.
4.
Grading and erosion control provisions shall be carried out on all areas of the Planned
Community in a manner meeting the approval of the Director of Planning.
5.
Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning
Code shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Planned Community District except that which shall comply
with all provisions of Newport Beach's Uniform Building Code and the various mechanical
codes related thereto.
• 6.
Parking lot lighting shall be subject to the review and approval of the Director of Planning.
Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent
residential areas.
7.
All mechanical appurtenances on building roof tops and utility vaults shall be screened from
street level view in a manner meeting the approval of the Director of Planning.
8.
Prior to the issuance of grading permits, the site shall be examined to determine the existence
and extent of archaeological and paleontological resources in accordance with adopted City
polices.
9.
In the event that any non -office facility was to be eliminated from the project, the eliminated
facility would be replaced with the equivalent amount of office space.
10.
That a pedestrian and bicycle trail system be reviewed and approved by the Director of
Planning.
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SECTION M CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES
A. Intent
The intent of this district is to permit the location of a combination of civic, cultural, business
and professional office uses, and support commercial activities engaged in the sale of
products to the general public.
B. Permitted Uses
The following shall be pemritted:
Retail sales and service of a convenience nature.
2. Administrative and professional offices.
Restaurants, bars and theater/nightclubs. Subject to Use Permit.
4. Institutional, financial and governmental facilities.
0 5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
C. Building Location
All buildings shall be located in substantial conformmoe with the approved site plan.
D. Building Height
All buildings and appurtenant structures shall be limited to a maximum height of sixty -five
(65) feet.
E. Parking
Adequate off -street parking shall be provided to accommodate all parking needs for the site.
The intent is to eliminate the need for any on -street parking.
Required off - street parking shall be provided on the site of the use served, or on a common
parking area in accordance with the off - sheet parking requirements of City of Newport
Beach Planning and Zoning Ordinance.
• Parking for the museum shall be based on 3.5 spaces /1,000 square feet of gross floor area.
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F. Landscaoine
Detailed landscaping and irrigation plans, prepared by a licensed landscape architect,
licensed landscaping contractor, or architect shall be reviewed by the Director of Parks,
Beaches and Recreation.
All landscaping referred to in this section shall be maintained in a neat and orderly fashion.
1. Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and/or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees.
2. Landscavine- Vehicle Separation
All landscaped areas shall be separated from adjacent vehicular areas by a wall or
curb, at least six (6) inches higher than the adjacent vehicular area.
• 3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in
the parking area.
G. Loading Areas
Street side loading shall be allowed providing the loading dock is screened from
view from adjacent streets.
H. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access streets, and
adjacent property. Said screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage street and the
building line.
L Teleuhone and Electrical Service
All "on site" electrical lines (excluding transmission lines) and telephone lines shall be
• placed underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
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Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and shall be
consistent with the building identification signing.
Building address number shall face the street (and/or pedestrian walkways in the case
of necessity), and be located on the building so that they are visible from adjacent
frontage roads and designated parking areas.
2. Project/Building Identification Sign
Project and/or building identification signs are permitted at major entry access drives
from adjacent frontage streets, and adjacent to project intersection corners provided
that they comply with the City of Newport Beach sight distance requirement 110 -L.
The identification signage is permitted in the form of a free- standing (single or
double faced) monument sign. The sign copy shall be restricted to the project or
building name and street address. Individual letter heights shall not exceed eighteen
• (18) inches. The monument sign shall be limited to 5 feet in height and 12 feet in
width as depicted on the attached sign drawings.
3. Project/Tenant Identification Signs
Project/tenant identification signs are permitted at major entry access drives from
adjacent frontage streets, provided that they comply with the City of Newport Beach
sight distance requirement 110-L•
The project/tenant identification signage is permitted in the form of a free standing
(single or double faced) monument sign and may contain the project identification
and a maximum of two tenant names. The tenant selection will be determined by the
property owner or their designated management company. The tenant name shall not
exceed 5 % inches in height and the monument sign shall be limited to 6 feet in
height and 12 feet in width as depicted on the attached sign drawings.
4. Tenant Identification Signs
Tenant identification signs are permitted and are divided into two (2) categories:
Primary Tenant
Secondary Tenant
Tenant identification signs are to be wall- mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one building
elevation is two (2).
11
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Each secondary tenant shall be limited to one (1) identification sign.
The maximum letter height of a primary tenant sign shall not exceed twenty -four
(24) inches. The maximum letter height of a secondary tenant sign shall not exceed
sixteen (16) inches.
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
5. General Sign Standards
a. Signs (to include all those visible from the exterior of any building) may be
lighted but no sign or any other contrivance shall be devised or constructed
so as to rotate, gyrate, blink or move in any animated fashion.
6. Temporary Signs
The following guidelines are intended to produce a consistent sign design for
temporary signs within Newport Center. All temporary signs require the approvals
of the City of Newport Beach and The Leine Company.
Temporary signs are to identify the future site, project or facility under development
on individual project sites.
Information on this sign is limited to:
- For Sale, For Lease, Future Home of, Building/Project Name, etc.
- Type or Name of Development
- Type and Area of Space Available
- Major Tenant or Developer
- Financial Institution
- General Contractor
- Architect
- Leasing Agent
- Occupancy Date
- Phone Number
- Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage street.
These signs may be single or double -faced and parallel or
perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance to The
Irvine Company corporate design standards as shown on the
following page.
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Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and/or leasing of the facility is complete.
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EXHIBIT 12
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BLOCK 500
PLANNED COMMUNITY DISTRICT REGULATIONS
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Adopted August 28,1995
Ordinance No. 95 -32
Amendment No. 827
Amendment No. .Resolution 2007
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TABLE OF CONTENTS
INTRODUCTION
SECTION I Statistical Analysis Page 4
SECTION II General Notes Page 5
SECTION III Definitions Page 7
SECTION W Business, Professional and Commercial Standards Page 8
LIST OF FIGURES
FIGURE 1 Land Use Designations
Page 2
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The Block 500 Planned Community District for the City of Newport Beach is a part of the Newport
Center Development, and has been developed in accordance with the Newport Beach General Plan.
The purpose of this PC (Planned Community) District is to provide a method whereby property may
be classified and developed for commercial activity, professional and business offices. The
specifications of this district are intended to provide land use and development standards supportive
of the development contained herein while insuring compliance with the intent of all applicable
regulatory codes.
Whenever the regulations contained herein conflict with the regulations of the Newport Beach
Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall
regulate this development when such regulations are not provided within these district regulations.
All development within the Planned Community District boundaries shall comply with all
provisions of the Uniform Building Code and various mechanical codes related thereto.
0
�, San Joaquin
�p Hills Rd
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0 SECTION L STATISTICAL.ANALYSIS
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Block 500
1. Project Area
Net Acreage 494.37
2. Percentage of Site Coverage
a. Building Footprint 20% maximum
b. Landscape 30% minimum
3. Maximum building floor area will not exceed ' ° 122942 square feet.
4. The square footage of individual building sites is subject to adjustment as long as the
limitations on total development are not violated. Any adjustment in the square footages for
each building site shall be reviewed and approved by the Planning Director.
91
• SECTION EL GENERAL NOTES FOR NEW CONSTRUCTION
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1. Grading within the Planned Community area will be permitted upon securing of a grading
permit
2. Water within the Planned Community area will be furnished by the City of Newport Beach.
3. Sewage disposal facilities within the Planned Community will be provided by the City of
Newport Beach and Orange County Sanitation District No. 5.
4. The subject property is within the City of Newport Beach. The Developer will provide the
necessary flood protection facilities under the jurisdiction of the City of Newport Beach.
5. Erosion control provisions- shall be carried out during construction activities on all areas of
the Planned Community in a manner meeting the approval of the Director of Planning.
6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning
Code shall apply.
The contents of this text notwithstanding, no construction shall be proposed within the
boundaries of this Planned Community District except that which shall comply with all
provisions of Newport Beach's Uniform Building Code and the various mechanical codes
related thereto.
7. Parking lot lighting for new construction shall be subject to the review'and approval of the
Planning Director. Parking lot lighting shall be designed in a manner so as to minimize
impacts on adjacent residential areas.
8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from
street level view in a manner meeting the approval of the Planning Department.
9. Prior to the issuance of new grading permits the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance with City
Council Policies K -4 and K -5.
10. Prior to issuance of new grading pen-nits the on -site parking, vehicular circulation and
pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer.
4
11. The intersection at new private streets and drives shall be designed to provide sight distance
as specified in drawing No. STD- 110 -L of the City Public Works design criteria unless
otherwise approved by the City Traffic Engineer. Slopes landscape, walls and other
obstructions shall be considered in the sight distance requirements. Landscaping within the
sight line shall not exceed thirty inches in height. The sight distance requirement may be
modified at non - critical locations, subject to approval of the City Traffic Engineer.
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0 SECTION M. DEFUSTMONS
Advertising Surface of a Sien
The total area of the face of the sign struct =, excluding supports.
Area of Elevation
Total height and length of a building as projected to a vertical plane.
Setbacks from Street Comers
Setbacks from street comers shall be established as that point of intersection of the required setback
lines from access streets, prolonged to point of intersection.
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• 1 SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL
A. Intent
The intent of this district is to permit the location of a combination of business and
professional office uses, and light general commercial activities engaged in the sale of
products to the general public.
B. Permitted Uses
Permitted uses shall be as speeified e _ the n nc Distfiet _ mss,.._.,.- 2033 include offices,
light general commercial and medical/dental offices. .
C. Buildine Location
All buildings shall be located within the boundaries of the district and in compliance with
sight distance as established in City Standard Drawing No. 1 10 -L.
D. Building Hei¢ht
Ail buildings and appurtenant structures shall be limited to a maximum height of 375 feet.
• E. Parkin
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Adequate off - street parking shall be provided to accommodate all parking needs for the site.
Required off - street parking shall be provided within the Block 500 P.C. District area, unless
otherwise approved by the P. C. through an off -site parking agreement:
General office use: I space per 375 square feet of net floor area
Medical office use: 1 space per 250 square feet of gross floor area
Otherpermitteduses: As set forth in ce... en 20 3n n3c c the Newport Beach
Municipal Code.
Future conversion of general office floor area to medical office shall be contingent on the
provision of the above required parking.
7
F. Landscaping
All landscaping referred to in this section shall be maintained in a neat and orderly fashion.
1. Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and/or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees.
2. Parking Areas
Trees, equal in number to.one (1) per each five (5) parking stalls shall be provided in
the parking area.
G. Loading Areas
Street side loading shall be allowed providing the loading dock is screened from
view from adjacent streets.
• H. Storage Areas
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All outdoor storage shall be visually screened from access streets, and adjacent
property. Said screening shall form a complete opaque screen.
2. No storage shall be pemutted between a frontage street and the building line.
I. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually screened from access streets, and
adjacent property. Said screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage street and the
building line.
3. Screen areas shall not interfere with the required sight distance per City Standard
Drawing No. 110 -L.
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0 J. Telephone and Electrical Service
All "on site" electrical lines (excluding transmission lines) and telephone lines shall be
placed underground. Transformer, terminal equipment, detector checks and fire service
facilities shall be visually screened from view from streets and adjacent properties, and shall
meet the requirements of City Standard Drawing No. 110 -L.
K. Signs
General Sign Standards
All permanent and temporary signs must be consistent with the provisions of these
regulations or be approved by the City of Newport Beach and The Irvine Company.
Signs must consist of individual fabricated letters; or routed -out letters in an opaque
background. Enclosed sign, box or "can" signs are not acceptable on buildings.
Signs, including all signs visible from the exterior of any building, may be lighted,
but no sign or any other contrivance shall be devised or constructed so as to rotate,
gyrate, blink, or move in any animated fashion.
— °reje t ida r r-atien s g is maybe Ieeated a� ene or mare ef4he €eliewing lesain
MIN
3. Building Identification Signs
Building identification signs may only be located at the ground floor level of 567 San
Nicholas Drive; 18 inches max. logo/letter height; 2 locations maximum
W
4. Tenant Identification Signs
The following types of tenant identification sign are permitted:
standing MR
....,
a ; a ;
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g Two (2) free- standing monument signs at the Avocado entry to Block 500:
one (1) sign for 1601 Avocado and one (1) sign for 1605 Avocado. The
signs must match in design, materials, colors, and position relative the street
and entry drive; 4 feet max. height; 5 feet max. length; 8 inches max.
logo/letter height
g. Signs on buildings, restricted as follows:
567 San Nicholas Drive
No tenant signs are permitted on the building
Low -rise single- tenant buildings and low -rise buildings with exterior
• doors used by more than one tenant
Max. one (1) sign per major tenant per building elevation, up to a maximum
of two (2) major tenant signs per building, but not located at the same
10
• building comer; 24 inches max. letter/logo height; 30 feet max length; (at
2161 San Joaquin Hills Road, 28 inches max. letter/logo height)
Max one (1) sign per minor tenant per building elevation, up to a maximum
of two (2) signs per building, but not located at the same building comer, 12
inches max. letter/logo height; 15 feet max length
Multi-tenant low -rise buildings with exterior doors for the exclusive use
of individual tenants
Major tenant: max. two (2) signs per building: max. one (1) sign facing
perimeter of Block 500, 24 inches max letter/logo height, 20 feet max.
length; and max. one (1) sign facing the parking lot, 12 inches max.
letter/logo height, 15 feet max. length
Minor tenants: max. one (1) sign per tenant per building elevation, up to a
maximum of two (2) signs per tenant; 12 inches max. letter/logo height; 15
feet max length
Sign copy shall be restricted to identification of the person, firm, company, or
corporation operating the use conducted on the site. The free standing fne.,...„ _«
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I Santa Rese Drive-San Joaquin Hills Read may inelude names ef tefiams and
r....wen is Tenant signage exceeding the above standards shall be
uses at • limited to the interior of buildings located within a common entryway or lobby area.
Building Address Signs
Building address signs may be located at one or more of the following locations:
On a free- standing monument sign at 1601 Avocado Avenue; 8 inches, max.
number height
On a free- standing monument sign at 1605 Avocado Avenue; 8 inches, max.
number height
On a building; 24 inches, max. number height
Primary building address numbers shall be visible from the street (and/or pedestrian
walkways in the case of necessity), and be located on the building so that they are
• visible from adjacent frontage roads and designated parking areasp��
buildings µ«. 5`0n and 550 ,,T,,....,, -. Gen. _- n -:..,. .,Neh have then, addF.s
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nufflbers a„ she eubes elaiig Ne_ eft Gent-of „f . Secondary address signs may be
located where logical for on -site orientation.
All address signs shall have a consistent color, design, and material for any given
building. A single letter style is recommended.
6. Other Signs
Advisory signs are permitted in the parking lot; 48 inches, max. height.
7. Temporary Signs
The following guidelines are intended to produce consistent sign design for
temporary signs within Newport Center. Temporary signs are to identify a future site
or project; or a facility under development or offered for lease.
Information on this sign is limited to:
For Sale, For Lease, Future Home of, Building/Project Name, etc.
Type of Name of Development
Type and Area of Space Available
Major Tenant or Developer
Financial Institution
General Contractor
Architect
Leasing Agent
Occupancy Date
Phone Number
Irvine Company or Irvine Company Project Name and Logo
Maximum number: One (1) temporary sign is permitted on a site for each
frontage street, up to two (2) signs per building, but not at the
same corner of the building.
Type: Single- or double -faced ground signs or wall signs.
Location: If ground signs, they may be parallel or perpendicular to the
roadway. If wall signs, they must be located below the sill of
second floor windows.
Design: Rectangular shape. Rigid, permanent material; not fabric.
Mounting technique: Flush with building: entirely on glass or entirely on a wall
surface; not overlapping glass or wall surface.
Required color•. White copy on colored background; or colored copy on white
background; or a combination of the above.
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Longevity: Signs may exist from the time of lease or sale of the parcel
until the construction and/or leasing of the facility is
complete.
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EXHIBIT 13
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EXHIBIT 16
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• RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
• ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
•
between
CITY OF NEWPORT BEACH,
and
THE IRVINE COMPANY LLC
CONCERNING PROPERTIES LOCATED IN NORTH NEWPORT CENTER
(BLOCK 600 AND PORTIONS OF FASHION ISLAND,
BLOCK 500, AND SAN JOAQUIN PLAZA)
859M v.5 I l/9N7
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TABLE OF CONTENTS
RECITALS......
AGREEMENT..
Page
... 1
....... ............................... 4
1. Definitions ............................................................... ...............................
1.1 " AHIP" ........................................................ ...............................
1.2 "Bonita Canyon Development Agreement" ...............................
1.3 "CEQA" ...................................................... ...............................
1.4 "CIOSA" ..................................................... ...............................
1.5 "City Council" ................................... ...............................
1.6 "Design Regulations" ........................ ...............................
1.7 "Development Fees" ......................... ...............................
1.8 "Development Plan " .......................... ...............................
1.9 "Development Regulations" ............. ...............................
1.10 "Effective Date" ................................ ...............................
1.11 "Fair Share Traffic Contribution Ordinance " ...................
1.12 "Fair Share Traffic Fees" .................. ...............................
1.13 "First Building Permit" .................... ...............................
1.14 "First Residential Building Permit" .. ...............................
1.15 "General Plan" ................................... ...............................
1.16 "Initial Fee Increase" ......................... ...............................
1.17 "Initial Park Fee" ............................... ...............................
1.18 "Initial Public Benefit Fee" ............... ...............................
1.19 "Initiative Condition" ........................ ...............................
1.20 " Mortgage" ........................................ ...............................
1.21 "Mortgagee" ...................................... ...............................
1.22 "Operative Date" ............................... ...............................
1.23 "Option Agreement" ......................... ...............................
1.24 "Option Period" ................................ ...............................
1.25 "Option Site" .................................... ...............................
1.26 "Park Fees" ........................................ ...............................
1.27 "Parking Structure" ........................... ...............................
1.28 "Parking Structure Provisions" ........ ...............................
1.29 "Parking Structure Site" ................... ...............................
1.30 "Party" or " Parties" .......................... ...............................
1.31 "Per Unit Park Fees" ........................ ...............................
1.32 " Project" ........................................... ...............................
1.33 " Property ........................................... ...............................
1.34 "Public Benefit Fee" ......................... ...............................
1.35 " Term" .............................................. ...............................
1.36 "Traffic Phasing Ordinance" ............ ...............................
1.37 "Transfer of Development Rights" .. ...............................
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........ ............................... 7
........ ............................... 7
........ ............................... 7
........ ............................... 7
........ ............................... 7
........ ............................... 7
........ ............................... 7
........ ............................... 7
2. General Plan Consistency, Zoning Implementation, and Extinguishment of Any of •
Landowner's Remaining Development Rights Under the CIOSA and Bonita
Canyon Development Agreement ........................................................ ............................... 7
3. Affordable Housing Obligation ............................................................ ............................... 7
4. Public Benefits ..................................................................................... ............................... 8
4.1 In -Lieu Park Fees for Renovation of Oasis Senior Center and for Park
Uses.......................................................................................... ............................... 8
4.2 Public Benefit Fee .................................................................... ............................... 8
4.3 Fair Share Traffic Fees ............................................................. ............................... 9
4.4 Circulation Enhancements to Public Right of Way ................. ............................... 9
4.5 Dedication of Public Right of Way North of San Miguel Drive Between
MacArthur Boulevard and Avocado Avenue ......................... ............................... 10
4.6 Conditional Open Space Dedication ...................................... ............................... 11
4.7 Maintenance of CIOSA Pre -Paid Transportation Fund ......... ............................... 11
4.8 City's Option to Purchase New City Hall Site; Parking Structure ........................ 11
4.9 Retrofit Sprinkler Systems ..................................................... ............................... 14
4.10 Cooperation of Landowner if City Hall Constructed on Property North of
Library.................................................................................... ............................... 15
5. Fees ..................................................................................................... ............................... 15
5.1
Fees Applicable to Property ................................................... ...............................
15
5.2
Permitted Increases in Development Fees Applicable to Property .......................
16
•
6. Development
of Property ................................................................... ...............................
16
6.1
Applicable Regulations .......................................................... ...............................
16
6.2
Landowner's Vested Rights ................................................... ...............................
17
6.3
Project Components ................................................................. .............................18
6.4
Police Power ........................................................................... ...............................
18
6.5
Time -Share Developments ..................................................... ...............................
19
6.6
Available Use in Newport Center Block 500 for City Hall Building ...................19
6.7
Available Use in Newport Center Block 500 if City Does Not Develop a
CityHall on the Option Site ................................................... ...............................
19
6.8
Effect of Agreement on Applications for Land Use Approvals ............................
20
6.9
Mello -Roos Community Facilities District .............................. .............................20
6.10
No Conflicting Enactments ...................................................... .............................20
6.11
Benefits to Landowner ............................................................. .............................21
6.12
Tentative Subdivision Maps ................................................... ...............................
21
6.13
Compliance with California Government Code Section 65897.5(c) on
WaterSupply ............................................................................ .............................21
6.14
Cancellation of CIOSA and Bonita Canyon Development Agreement ................
21
6.15
No Payments Due from City .................................................. ...............................
21
7. Compliance with Traffic Phasing Ordinance ..................................... ...............................
22
7.1
7.2
Scope of Traffic Study ........................................................... ...............................
Sufficiency of Traffic Study ................................................... ...............................
22
22
•
7.3
Circulation Improvements ........................................................ .............................22
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•
r1
U
8. Reservations of Authority .................................................................. ............................... 22
8.1 Procedural Regulations .......................................................... ............................... 22
8.2 Consistent Future City Regulations ........................................ ............................... 23
8.3 Overriding Federal and State Laws and Regulations ............. ............................... 23
8.4 Public Health and Safety ........................................................ ............................... 23
8.5 Uniform Building Standards .................................................. ............................... 23
9. Utility Capacity .................................................................................... .............................24
10. Project as Private Undertaking ........................................................... ............................... 24
11. Effective Date and Operative Date of Agreement; Term ................... ............................... 24
12. Amendment or Cancellation of Agreement ....................................... ............................... 25
13. Enforcement ........................... ...............................
14. Periodic Review.of Compliance ......... ...............................
25
.. 26
15. Events of Default ................................................................................ ............................... 26
15.1 Default by Landowner ............................................................ ............................... 26
15.2 Default by City ....................................................................... ............................... 26
15.3 Specific Performance and Damages Remedies ...................... ............................... 27
15.4 Limited Recovery of Legal Expenses by Prevailing Party in Any Action............ 27
16. Cooperation .......................................................................................... .............................27
17. Force Majeure ..........
18. Indemnity ............................................................................ ...............................
19. Third Party Legal Challenge ............................................... ...............................
20. Mortgagee Rights ................................................................ ...............................
20.1 Encumbrances on Property ...................................... ...............................
20.2 Mortgagee Protection .............................................. ...............................
20.3 Mortgagee Not Obligated ........................................ ...............................
20.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ...............
21. Transfers and Assignment s ........................................... ...............................
21.1 Right to Assign .................................................. ...............................
21.2 Agreement Binding on Successors and Assigns ..............................
22. Estoppel Certificate ....................................................... ...............................
23. Further Actions and Instruments ................................... ...............................
• 24. Notices .......................................................................... ...............................
25. Rules of Construction and Miscellaneous Terms ......... ...............................
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.............. 27
.............. 27
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.............. 28
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26.
27
25.1
Rules of Construction ............................................................. ...............................
31 •
25.2
Time Is of the Essence ........................................................... ...............................
31
25.3
Waiver ...................................................................................... .............................31
25.4
Counterparts ............................................................................. .............................31
25.5
Entire Agreement ................................................................... ...............................
31
25.6
Severability ............................................................................... .............................31
25.7
Construction ........................................................................... ...............................
31
25.8
Constructive Notice and Acceptance ..................................... ...............................
32
25.9
No Third Party Beneficiaries .................................................. ...............................
32
25.10
Applicable Law and Venue .................................................... ...............................
32
25.11
Non - Liability of City Officers and Employees ...................... ...............................
32
25.12
Section Headings .................................................................... ...............................
32
25.13
Incorporation of Recitals and Exhibits ................................... ...............................
32
Authorityto Execute .......................................................................... ............................... 33
Recordation........................................................................................ ............................... 33
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C 1
•
ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT
(Pursuant to California Government Code sections 65864- 65869.5)
This ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (the
"Agreement') is entered into on December _, 2007, by and between: (1) CITY OF
NEWPORT BEACH ( "City "), and (2) THE IRVINE COMPANY LLC ("Landowner"). City
and Landowner are sometimes collectively referred to in this Agreement as the "Parties" and
individually as a "Party."
RECITALS
A. Landowner is the owner of the parcels of real property (collectively, the "Property ") that
are described in the legal description attached hereto as Exhibit A and depicted on the site map
attached hereto as Exhibit B. The Property is under City's jurisdiction and is located in North
Newport Center. The Property consists of the following sub -areas: portions of Newport Center
Block 500, Newport Center Block 600, portions of San Joaquin Plaza, and portions of Fashion
island. No part of the Property is located in the coastal zone.
B. On September 14, 1992, the City Council of the City of Newport Beach ( "City Council ")
adopted Ordinance No. 92 -35, through which City and Landowner entered into the Circulation
Improvement and Open Space Agreement pertaining to twelve (12) parcels of real property
located in City, including the four parcels owned by Landowner in North Newport Center that
• comprise the Property subject to this Agreement. City subsequently adopted the Amendment to
the Circulation Improvement and Open Space Agreement dated May 12, 1996. The original
Circulation Improvement and Open Space Agreement and the May 12, 1996 Amendment are
collectively referred to herein as the " CIOSA."
C. Under the CIOSA, Landowner:
(1) committed to road improvements adjacent to proposed projects, made an interest -free
loan to City, and pre -paid required fair share road improvement fees that City used as
matching funds when obtaining outside transportation funding; and
(2) committed to dedicating more public open space than required for the twelve (12)
parcels under the City of Newport Beach General Plan and the City of Newport Beach
Park Dedication Ordinance, as detailed in Exhibit C.
D. The CIOSA provided Landowner with certain building entitlements with respect to the
properties addressed therein. Landowner has not utilized all of the building entitlements
provided by the CIOSA, including the building entitlements for Newport Center Block 600, as
detailed in Exhibit C.
E. Although Landowner did not utilize all of the building entitlements provided by the
CIOSA, it fulfilled all the public benefits listed in Recital C as if it had done so.
. F. On November 10, 1997, the City Council adopted Ordinance 97 -77, through which City
and Landowner entered into the Bonita Canyon Annexation and Development Agreement
pertaining to the Bonita Canyon property (the "Bonita Canyon Development Agreement ").
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Approximately concurrent to adoption of Ordinance 97 -77, the Bonita Canyon property was e
detached from the City of Irvine and annexed by City.
G. Under the Bonita Canyon Development Agreement, Landowner:
(1) constructed roads and other circulation improvements designed for the capacity of a
larger project that had previously been approved by the City of Irvine;
(2) sold some of the land that it agreed not to develop to City for open space purposes and
cooperated in the formation of a community facilities district to provide funding to City
for improvement of the park site between Ford Road and Bonita Canyon Road; and
(3) made park dedications.
H. The Bonita Canyon Development Agreement provided Landowner with certain building
entitlements with respect to the properties addressed therein, which entitlements were to be
implemented through a Planned Community Development Plan. Landowner has not utilized all
of the building entitlements provided by the applicable development plan, as detailed in Exhibit
C.
I. Although Landowner did not utilize all of the building entitlements provided by the
Bonita Canyon Development Agreement, it fulfilled all the public benefits listed in Recital G as
if it had done so.
J. This Agreement effectuates General Plan policies and goals by extinguishing •
Landowner's remaining building entitlements under the CIOSA and the Bonita Canyon
Development Agreement. This Agreement provides for the rescission and cancellation of the
Landowner's remaining rights and obligations under the CIOSA and the Bonita Canyon
Development Agreement on the Operative Date (collectively, the "Cancellation ").
K. The Cancellation eliminates conflicts that exist among the CIOSA, the Bonita Canyon
Development Agreement, and the General Plan. The Cancellation, together with this Agreement,
also ensures that zoning implementation and utilization of the building entitlements applicable to
the Property are consistent with the General Plan's standards for land use, housing, circulation,
open space, noise, safety, and conservation, and with the General Plan's goals of improving and
providing transportation infrastructure, parks, public services, open space, water resources, and
environmental resources. Notably, existing utility capacity, circulation infrastructure, and other
public services, together with the circulation improvements referenced in this Agreement,
support development consistent with the Development Regulations.
L. As detailed in Section 4 below, Landowner has agreed to provide public benefits as
consideration for this Agreement, including the following: in -lieu park fees in advance of the
time that the fees otherwise would be due to provide for matching funds for the renovation of the
Oasis Senior Center and to provide funds for other qualified park uses, development fees to fund
construction of a new City Hall building or other municipal use, circulation enhancements, a
conditional dedication of a public right of way as specified in Section 4.6, and the conditional •
dedication to City of an open space parcel within Newport Center. Landowner has also agreed to
grant City an option to acquire a site in Newport Center Block 500 for the purpose of
constructing a new City Hall building.
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• M. 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, which requires a development agreement for certain types
of projects, including: (1) projects that include development of 50 or more residential units, and
(2) projects that include new non - residential development in Newport Center.
N. This Agreement is consistent with the City of Newport Beach General Plan Policy LU
6.14.8, which applies to Newport Center and requires the execution of development agreements
for residential projects and mixed -use development projects with a residential component.
O. This Agreement is consistent with provisions of state law (California Government Code
sections 65864- 65869.5) and local law (City of Newport Beach Municipal Code chapter 15.45)
that authorize binding agreements that: (1) encourage investment in, and commitment to,
comprehensive planning and public facilities financing; (2) strengthen the public planning
process and encourage private implementation of the local general plan; (3) provide certainty in
the approval of projects in order to avoid waste of time and resources; and (4) reduce the
economic costs of development by providing assurance to property owners that they may
proceed with projects consistent with existing policies, rules, and regulations.
P. The Parties intend that, concurrently with their approval of this Agreement, the Parties
will approve and execute a separate Affordable Housing Implementation Plan ("AHIP') for the
Property, in the form attached hereto as Exhibit D, that reflects the terms of this Agreement
• regarding Landowner's affordable housing requirements. The Parties intend that Landowner's
performance under the AHIP will satisfy Landowner's obligations for the Property under the
City of Newport Beach General Plan Housing Program 2.2.1. The Parties intend that the AHIP
and this Agreement shall be interdependent and neither shall be effective unless each is approved
and the Operative Date occurs. The adopted AHIP may be amended by the mutual consent of
the Parties without requiring an amendment to this Agreement.
Q. In recognition of the significant public benefits that this Agreement provides, the City
Council has found that this Agreement:
•
(1) is consistent with the City of Newport Beach General Plan as of the date of this
Agreement;
(2) is in the best interests of the health, safety, and general welfare of City, its residents,
and the public;
(3) is entered into pursuant to, and constitutes a present exercise of, City's police power;
(4) is consistent and has been approved consistent with the Final Environmental Impact
Report for the City of Newport Beach General Plan 2006 Update (State Clearinghouse
No. 200601 1 1 19) and the North Newport Center Addendum to EIR for General Plan
2006 Update (State Clearinghouse No. 2006011119), both of which analyze the
environmental effects of the proposed development of the Project on the Property; and
-3-
(5) 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.
R. On November 15, 2007, City's Planning Commission held a public hearing on this
Agreement, made findings and determinations with respect to this Agreement, and recommended
to the City Council that the City Council approve this Agreement.
S. On November 27, 2007, the City Council also held a public hearing on this Agreement,
considered the Planning Commission's recommendations. On December 18, 2007, pursuant to
the applicable state law (California Government Code sections 65864- 65869.5) and local law
(City of Newport Beach Municipal Code chapter 15.45), the City Council adopted its Ordinance
No. finding this Agreement consistent with the City of Newport Beach General Plan and
approving this Agreement.
AGREEMENT
NOW, THEREFORE, City and Landowner agree as follows:
1. Definitions. The following terms when used in this Agreement shall have the meanings
set forth below:
1.1 "AHIP" shall mean the Affordable Housing Implementation Plan that is attached
hereto as Exhibit D, which has been approved and executed by Landowner and is being •
considered for approval by the City Council of City concurrently with its consideration of
this Agreement.
1.2 "Bonita Canvon Development Agreement" shall have the meaning ascribed in
Recital F of this Agreement.
1.3 "CEOA "shall mean the California Environmental Quality Act (California Public
Resources Code sections 21000 - 21177).
1.4 "CIOSA" shall have the meaning ascribed in Recital B of this Agreement.
1.5 "City Council" shall mean the governing body of City.
1.6 "Design Regulations" shall mean the North Newport Center Design Regulations,
that are being approved by the City Council of City concurrently with its approval of this
Agreement.
1.7 "Development Fees" shall have the meaning ascribed in Section 5.1 of this
Agreement.
1.8 "Development Plan" shall mean the North Newport Center Planned Community
Development Plan that is being approved by the City Council of City concurrently with
its approval of this Agreement. •
!!
• 1.9 "Development Regulations" shall mean the following regulations that are in effect
as of the Effective Date (notwithstanding that some of the regulations do not become
operative until the Operative Date): the General Plan; the Development Plan; the Design
Regulations; the AHIP; the Transfer of Development Rights; 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, payment of Development Fees, 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 Title 5 of the Municipal Code (business licenses and
regulations).
1.10 "Effective Date" shall mean the thirty -first (31s`) day following the date the City
Council adopts the ordinance approving this Agreement or such other date that the
ordinance becomes effective by applicable law.
1.11 "Fair Share Traffic Contribution Ordinance" shall mean City's Fair Share Traffic
Contribution Ordinance, codified in Chapter 15.38 of City's Municipal Code, together
with resolutions implementing said ordinance.
• 1.12 "Fair Share Traffic Fees" shall have the meaning ascribed in Section 4.3 of this
Agreement.
1.13 "First Building Permit" ermit" shall mean the building permit that is first issued for
either (i) the Parking Structure; or (ii) residential, office, or hotel development on any
portion of the Property located in Newport Center Block 500, Newport Center Block 600,
or San Joaquin Plaza, provided the building permit is for new development that did not
exist as of the Operative Date of this Agreement on the property for which the permit is
being issued and not for the renovation, repair, or improvement of an existing building
that does not increase the building's square footage.
1.14 "First Residential Building Permit" emit" shall mean the first building permit issued for
residential development in any portion of the Property located in Newport Center Block
500, Newport Center Block 600, or San Joaquin Plaza, provided the building permit is for
new development and not for the renovation, repair, or improvement of an existing
residential unit that does not increase the unit's square footage.
1.15 "General Plan" shall mean City's 2006 General Plan adopted by the City Council
on July 25, 2006, by Resolution No. 2006 -76. 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.
1.16 "Initial Fee Increase" shall have the meaning ascribed in Section 4.3 of this
• Agreement.
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1.17 "Initial Park Fee" shall mean the portion of the Park Fees that is to be paid by •
Landowner to City upon the issuance of the First Residential Building Permit for any
portion of the Property located in Newport Center Block 500, Newport Center Block 600,
or San Joaquin Plaza, as more fully explained in Section 4.1 of this Agreement.
1.18 `Initial Public Benefit Fee" shall mean the portion of the Public Benefit Fee that
is to be paid by Landowner to City upon the issuance of the First Building Permit for any
portion of the Property located in Newport Center Block 500, Newport Center Block 600,
or San Joaquin Plaza, as more fully explained in Section 4.2 of this Agreement.
1.19 "Initiative Condition" shall have the meaning ascribed in Section 4.8 of this
Agreement.
1.20 "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.
1.21 "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or
any successor or assignee of the Mortgagee.
1.22 "Operative Date" shall mean the date upon which all of the conditions precedent
to the commencement of the Term are satisfied, as set forth in Section 11 of this
Agreement.
1.23 "Option Agreement" shall mean that certain Option Agreement in the form •
substantially the same as that attached hereto as Exhibit F to be entered into by City and
Landowner for Landowner to grant to City an option to acquire the Option Site, as more
fully explained in Section 4.8.1.
1.24 "Option Period" shall mean the period of time during which City may exercise the
option to acquire the Option Site, as more fully explained in Section 4.8.1 of this
Agreement.
1.25 "Option Site" shall mean that certain real property that will be the subject of the
Option Agreement and that is defined in Section 4.8.1.
1.26 "Park Fees" shall collectively refer to the Initial Park Fee and the Per Unit Park
Fees, payable in accordance with Section 4.1.
1.27 "Parking Structure' shall mean the multilevel parking structure to be developed
on the Parking Structure Site in the event City exercises its option to acquire the Option
Site.
1.28 "Parking Structure Provisions" shall mean the right and obligations of the Parties
with respect to the construction and operation of the Parking Structure, as more fully
explained in Section 4.8.2 of this Agreement.
11
C.'E
• 1.29 "Parking Structure Site" shall mean that certain real property located adjacent to
the Option Site and depicted on Exhibit E attached hereto, as further described in Section
4.8.
1.30 "Party" or "Parties" shall mean either City or Landowner or both, as determined
by the context.
1.31 "Per Unit Park Fees" shall mean the portion of the Park Fees that are to be paid by
Landowner to City upon the issuance of residential building permits for development of
any portion of the Property located within Newport Center Block 500, Newport Center
Block 600, or San Joaquin Plaza, as more fully explained in Section 4.1 of this
Agreement.
1.32 "Proiect" shall mean all on -site and off -site improvements (including new
development and replacement development for existing buildings that may be
demolished) that Landowner is authorized and/or required to construct with respect to
each parcel of the Property, as provided in this Agreement and the Development
Regulations.
1.33 "Property" is described in Exhibit A and depicted on Exhibit B
1.34 "Public Benefit Fee" shall have the meaning ascribed in Section 4.2 of this
Agreement.
• 1.35 "Term" shall have the meaning ascribed in Section 11 of this Agreement.
1.36 "Traffic Phasing Ordinance" shall mean City's Traffic Phasing Ordinance,
codified in Chapter 15.40 of City's Municipal Code and including Appendix A to
Chapter 15.40, together with any resolutions implementing said ordinance.
1.37 "Transfer of Development Rights" shall mean the resolution approving the
transfer to Newport Center Block 500 of development rights for development of
approximately 277,161 square feet currently assigned to Newport Center Block 600 (of
which up to 72,000 square feet may be utilized by City for the City Hall building to be
situated on the Option Site if City exercises the Option), that the City Council is
considering for approval concurrently with its approval of this Agreement.
2. General Plan Consistency, Zoning Implementation, and Extinguishment of Any of
Landowner's Remaining Development Rights Under the CIOSA and Bonita Canyon
Development Agreement. This Agreement and the Development Regulations applicable to the
Property will cause City's zoning and other land use regulations for the Property to be consistent
with the General Plan. Although development already completed under the CIOSA and the
Bonita Canyon Development Agreement remains vested as a conforming use, the CIOSA and the
Bonita Canyon Development Agreement provided for vested development rights that Landowner
has not yet used and that are inconsistent with the General Plan. The Cancellation of those
agreements on the Operative Date will eliminate this inconsistency.
• 3. Affordable Housing Obligation. The Parties agree that Landowner's compliance with the
AHIP constitutes satisfaction of any obligation of Landowner to City under the City of Newport
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Beach General Plan Housing Program 2.2.1 with respect to the development of the Property •
pursuant to and during the Term of this Agreement. This Agreement does not authorize
Landowner to transfer any affordable housing credits to any property that is outside the Property.
4. Public Benefits.
4.1 In -Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses.
Landowner agrees to process subdivision maps for any residential development to be
developed in Newport Center Block 500, Newport Center Block 600, and San Joaquin
Plaza. Landowner also agrees to pay to City the Initial Park Fee and the Per Unif Park
Fees as set forth in this Section 4.1 (collectively, the "Park Fees "), regardless of whether
a subdivision map is approved for any or all of the residential units. Prior to and as a
condition to City's issuance of the First Residential Building Permit, but in no event
earlier than the Operative Date, Landowner shall pay to City the sum of $3,733,333.33
(which is 1/3 of the total Park Fees to be paid to City under this Agreement) ( "Initial Park
Fee").
In addition to the foregoing, and notwithstanding any other provision set forth in this
Section, if, on the date that City awards a contract for renovation of the Oasis Senior
Center, the total sum of both the Initial Park Fee and the Per Unit Park Fees paid by
Landowner to City to the date of award is less than the sum of $5,600,000 (the amount of
the matching challenge grant referred to below), then within five (5) days after City's
award of the contract, Landowner shall pay to City the difference ( "Park Fee
Advancement'). Landowner's payment of the Initial Park Fee and Park Fee Advancment •
shall entitle Landowner to a credit against payment of the Per Unit Park Fees for the fast
215 residential units to be developed on the Property. Prior to and as a condition to
City's issuance of the 216"' building permit and thereafter each subsequent building
permit for residential development on any portion of the Property located in Newport
Center Block 500, Newport Center Block 600, or San Joaquin Plaza, Landowner shall
pay to City the sum of $26,046.51 per unit ( "Per Unit Park Fees "), subject to adjustment
of said Per Unit Park Fee in accordance with Section 5.2.
In the event City has received sufficient Park Fees from Landowner prior to the
award of the contract for the renovation of the Oasis Senior Center, City shall earmark up
to $5,600,000 (which is one -half of the total Park Fees to be paid to City, without taking
into consideration future adjustments to the Park Fee provided for in Section 5.2) as a
matching challenge grant to apply toward contributions to the renovation of the Oasis
Senior Center. City shall apply any Park Fees not spent by City on the renovation of the
Oasis Senior Center to any park use as determined by City. Landowner acknowledges
that the actual amount of funds raised through the matching challenge may be less than
$5,600,000 and that the amount rose shall not affect the amount of Park Fees payable by
Landowner to City.
4.2 Public Benefit Fee. Landowner shall pay to City the sum of $27,090,000 as set •
forth in this Section 4.2 ( "Public Benefit Fee "). Prior to and as a condition to the
issuance of the First Building Permit, Landowner shall pay to City the sum of
0
• $13,545,000, which is one -half of the Public Benefit Fee ( "Initial Public Benefit Fee ").
The balance of the Public Benefit Fee shall be paid to City upon the issuance of building
permits for the 430 residential units authorized for development within the Property. The
amount payable by Landowner to City for each such residential unit shall be the sum of
$31,500.
City shall use the Public Benefit Fee for any of the following expenses: the
design, engineering and construction of a new City Hall building anywhere within City,
the costs to acquire the Option Site if City exercises the option under the Option
Agreement, City's pro rata share of the costs to design and construct the Parking
Structure if City builds a City Hall on the Option Site, and any other municipal purpose
as determined by City.
4.3 Fair Share Traffic Fees. Landowner acknowledges that the Property is subject to
City's Fair Share Traffic Contribution Ordinance, which requires the payment of certain
fair share traffic fees for development ( "Fair Share Traffic Fees "). Landowner further
acknowledges that City is in the process of considering updates and amendments to its
Traffic Contribution Ordinance and its Fair Share Traffic Fees and that as a result of such
updates and amendments the Fair Share Traffic Fee charged by City may be increased
(the `Initial Fee Increase ") and Landowner agrees that the Property shall be subject to the
modified Fair Share Traffic Contribution Ordinance including the increased fees payable
pursuant to the Initial Fee Increase, provided that (i) these fees are generally applicable to
all substantially similar new development within City on the same basis that they are
• applicable to the Property, or (ii) if City elects to impose Fair Share Traffic Fees on a
zone by zone basis, these fees are generally applicable to all substantially similar new
development within the zone within which the Property is located on the same basis that
they are applicable to the Property. Landowner's responsibility to pay any increases
made to the Fair Share Traffic Fees after the Initial Fee Increase shall, however, be
limited by percentage increases in the California Department of Transportation
Construction Index from and after the date that the Initial Fee Increase becomes effective
to the date the applicable adjustment is made, as more fully explained in Section 5.2.
Nothing herein is intended to preclude Landowner from satisfying its obligation to pay
Fair Share Traffic Fees through in -lieu contributions, subject to and in accordance with
the Fair Share Traffic Contribution Ordinance and any modifications thereto, which
Landowner acknowledges requires the approval of City's Planning Commission. The
improvements and dedication to be made under this Agreement shall not be eligible for
consideration as an in lieu contribution under the Traffic Contribution Ordinance. City
acknowledges that the Fair Share Traffic Fees cover all fair share traffic fees associated
with development of the Property, and that during the Term of this Agreement, City shall
not require additional fair share traffic fees associated with development of the Property
other than the Fair Share Traffic Fees described in this Agreement.
4.4 Circulation Enhancements to Public Right of Way. Landowner shall coordinate
with the City on the design and development of the following circulation improvements,
which shall be subject to approval by City, including appropriate environmental review.
• Landowner and City shall exercise diligent efforts to agree upon the exact timing during
the sixty (60) month period following the issuance of the First Building Permit (but
M
specifically excluding the building permit for the Parking Structure), that Landowner will 40 construct the individual Circulation Enhancements.
(1) widening of Avocado Avenue between San Miguel Drive and San Nicolas
Drive;
(2) enhancement of San Miguel Drive between MacArthur Boulevard and
Avocado Avenue;
(3) installation of traffic signal at the intersection of Newport Center Drive and
San Nicolas Drive;
(4) installation of traffic signal at the intersection of Newport Center Drive and
Center Drive; and(5) other improvements mutually agreed upon by City's
Director of Public Works and Landowner.
Landowner's commitment to undertake the circulation enhancements to the public
right of way described in this Section are in addition to Landowner's obligation to pay
Fair Share Traffic Fees under the Fair Share Traffic Contribution Ordinance, and to any
actions Landowner takes to improve access to private property in Newport Center.
Landowner's commitment to undertake the circulation enhancements to the public
right of way described in this Section are in addition to Landowner's obligation to pay
Fair Share Traffic Fees under the Fair Share Traffic Contribution Ordinance and to any •
actions Landowner takes to improve access to private property in Newport Center.
4.5 Dedication of Public Right of Way North of San Miguel Drive Between
MacArthur Boulevard and Avocado Avenue. Landowner shall dedicate to City a public
right of way necessary for circulation improvements on the north side of San Miguel
Drive between MacArthur Boulevard and Avocado Avenue at such time as City provides
a specific design for the necessary circulation improvements for this public right of way.
Landowner shall convey the public right of way to City (through the recordation of a
grant deed) free and clear of all recorded and unrecorded monetary liens, any delinquent
property taxes or assessments, and all tenancies, lessees, occupants, licensees, and all
possessory rights of any kind or nature. In addition, upon the conveyance, there shall not
be any violation of any law, rule, or regulation affecting the public right of way or its use,
including any environmental law or regulation, and Landowner shall be responsible for
causing said condition to be satisfied. Landowner shall have the right, to the extent
necessary and subject to obtaining an encroachment agreement from City, to install,
maintain, repair, and replace a Newport Center entry sign at a location mutually
acceptable to City and Landowner.
Landowner's dedication of the public right of way described in this Section is in
addition to Landowner's obligation to pay Fair Share Traffic Fees under the Fair Share
Traffic Contribution Ordinance, to mitigate traffic impacts under the Traffic Phasing
Ordinance (City of Newport Beach Municipal Code chapter 15.40, including Appendix A •
to chapter 15.40), and to any actions Landowner takes to improve access to private
property in Newport Center.
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•
4.6 Conditional Open Space Dedication. If City determines it will construct a City
Hall at the current Orange County Transportation Authority site in Newport Center Block
500 or on the property located on the east side of Avocado Avenue, north of the Central
Library, Landowner shall within thirty (30) days after City notifies Landowner that City
has made that determination, dedicate to City (through the recordation of a grant deed)
the open space parcel in Newport Center comprised of approximately 3.18 acres of land
area, bounded on the north by the Orange County Transportation Authority site, the east
by MacArthur Boulevard, the south by San Miguel Drive, and the west by Avocado
Avenue ( "Open Space Parcel "). Landowner shall convey the Open Space Parcel to City
free and clear of all recorded and unrecorded monetary liens, any delinquent property
taxes or assessments, and all tenancies, lessees, occupants, licensees, and all possessory
rights of any kind or nature. In addition, upon the conveyance, there shall not be any
violation of any law, rule, or regulation affecting the Open Space Parcel or its use,
including any environmental law or regulation, and Landowner shall be responsible for
causing said condition to be satisfied. Landowner shall, at its sole cost and expense,
cause a title company selected by City to issue to City an owner's policy of title insurance
for the Open Space Parcel with liability in an amount reasonably determined by City (but
not exceeding the fair market value of the Open Space Parcel) showing fee title to the
Open Space Parcel vested in City, free and clear of the liens, rights, and encumbrances
referred to above. If the Open Space Parcel is dedicated to City, Landowner shall have
the right, to the extent necessary and subject to obtaining an encroachment agreement
from City, to install, maintain, repair, and replace a Newport Center entry sign at a
location mutually acceptable to City and Landowner.
•
4.7 Maintenance of CIOSA Pre -Paid Transportation Fund. The Cancellation referred
to in Section 6.14 terminates the Parties' remaining rights and obligations under the
CIOSA, including any obligation of City to repay Landowner for funds that Landowner
provided pursuant to the CIOSA. In connection therewith, Landowner agrees that City
may retain any balance of pre -paid transportation funds City may be holding as a result of
unused CIOSA mitigation. In the event any payments on the loan are due between the
Effective Date and the Operative Date, such payments shall be suspended and shall not
be required to be made unless the Operative Date does not occur and this Agreement
terminates pursuant to Section 11. City may use any such remaining balance of prepaid
transportation funds for transportation improvements in accordance with the Protocol
Agreement for the Circulation Improvement and Open Space Agreement dated December
11, 1995, and the Protocol Agreement Memorandum dated December 11, 2001.
4.8 City's Option to Purchase New City Hall Site; Parking Structure.
4.8.1 Option to Purchase Option Site. No later than ten (10) days after the
Effective Date, Landowner and City shall enter into the Option Agreement, which
provides for Landowner to grant to City an option to acquire the Option Site for the sum
of One Hundred Forty -Five Dollars ($145.00) per square foot of net land area for the
purpose of constructing a new City Hall building thereon. The Option Site is not yet
subdivided. For purposes of this Agreement, until such time as the exact boundaries of
• the Option Site are established, the term "Option Site" shall be deemed to mean that
certain real property consisting of approximately 46,175 square feet legally described in
Exhibit E ( "Legal Parcel "), plus any contiguous property adjacent to the Legal Parcel.
City shall have the right to establish the boundaries of the Option Site within the land •
area described in the preceding sentence provided that the Option Site shall not exceed
54,000 square feet of net land area as further explained in the Option Agreement. Once
the boundaries of the Option Site are established by City, the term "Option Site" shall be
deemed to refer to the land located with the boundaries of the established Option Site.
The term of the option to be granted by Landowner to City under the Option Agreement
(the "Option Period ") will commence on the date of the Option Agreement and will
expire on the earliest of the following dates: (i) the date that is four (4) years after the
Operative Date; (ii) upon City's termination of the Option Agreement by delivery of
written notice of termination to Landowner, which notice City shall have the right to
deliver at any time during the Option Period prior to City's exercise of the Option; or the
date City's electorate approves and City implements an initiative restricting the location
of a new City Hall building to a site outside of Newport Center Block 500, with such
initiative to be deemed implemented upon the issuance of a certificate of occupancy for a
City Hall building at that site; or (iv) if this Agreement does not become operative in
accordance with the terms set forth in Section 11 and this Agreement is terminated in
accordance with the second to last paragraph of Section 11, then on the date of
termination. As more fully explained in the Option Agreement, City's right to exercise
the option is subject to the Operative Date occurring and to City awarding a contract for
the construction of a new City Hall on the Option Site. If City exercises the option
during the Option Period and acquires the Option Site, this Agreement shall terminate as
to the Option Site and shall be removed as an encumbrance upon title to the Option Site
upon City's acquisition thereof. City agrees that the required parking ratio for a City Hall
building developed on the Option Site shall be a minimum of 4.17 spaces per 1,000
square feet of building improvements.
4.8.2 Parking Structure Provisions. If a new City Hall building is developed on
the Option Site, the parking for the City Hall shall be located on the Parking Structure
Site and Landowner and City shall perform and implement the provisions set forth in this
Section 4.8.2 (collectively, the "Parking Structure Provisions "):
(i) Landowner shall construct and operate a new multilevel parking structure on
the Parking Structure Site ( "Parking Structure ").
(ii) Landowner shall grant to City an exclusive easement, in recordable form, for
exclusive use of 300 to 375 parking spaces for City Hall parking, without charge (except
as otherwise provided herein), with the exact number of City parking spaces to be
determined by City in its sole discretion, and provided that a minimum of 4.17 parking
spaces per 1,000 square feet of building improvements on the Option Site shall be
provided. Landowner shall designate the location of the required spaces within an area
located within the first three floors of the Parking Structure at locations within the
Parking Structure nearest to City Hall. The City's parking spaces shall be segregated
from the rest of the parking though specific markings, signs, and/or barriers. City shall
have the right to establish rules and regulations governing the use of its designated
spaces.
(iii) Landowner shall grant to City appropriate easements in the Parking Structure •
and on the Parking Structure Site to enable City to access its parking spaces.
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• (iv) City shall have the right to review and approve the plans and specifications
for the Parking Structure (in its capacity as a regulatory agency and as a property owner)
and the Parking Structure shall be constructed in accordance with the approved plans. So
long as the Option Period has not otherwise expired, City shall have the right to approve
the plans for the Parking Structure regardless of whether Landowner commences the
design or construction of the Parking Structure before the option is exercised.
(v) No later than ninety (90) days after City occupies the City Hall building on the
Option Site, City shall pay a pro rata share of the costs to design and construct the
Parking Structure, including costs of required utility relocation and costs for offsite
improvements necessary to provide access to the Parking Structure, but not including any
charge for the value of the land comprising the Parking Structure Site or any other charge
or payment. City's pro rata share shall be based on the ratio that the number of City
designated parking spaces bears to the total number of parking spaces in the Parking
Structure. City shall have the right to review and approve the costs incurred by
Landowner for which the Landowner seeks reimbursement for City's pro rata share. It is
understood and agreed that City shall have no obligation to pay for any of the costs to
construct, maintain, operate or repair the Parking Structure if City does not acquire the
Option Site.
(vi) For cost reference purposes, the design of the Parking Structure shall be
substantially similar to the parking structure constructed in 2007 on the north side of
Fashion Island ( "Fashion Island 2007 Parking Structure "), including the level of
• landscaping, elevators, quality of materials used, design features, etc.
(vii) Regardless of Landowner's timing for any development in the vicinity of the
Property, Landowner shall commence and complete construction of the Parking Structure
such that it is operational by the time construction of a new City Hall building at the
Option Site is completed and ready for occupancy, and the Parties shall cooperate in
keeping one another informed of their plans and construction schedules as needed to
enable Landowner to satisfy such obligation.
(viii) Landowner shall maintain and operate the Parking Structure and City shall
pay a pro rata share of the maintenance and operation costs based on the ratio that the
number of City designated parking spaces bears to the total number of parking spaces in
the Parking Structure.
(ix) Landowner shall establish a capital replacement reserve account for the
improvement and repair of the Parking Structure. The amount of the capital replacement
reserve shall be mutually determined by the Parties and shall be consistent with the
capital replacement reserve maintained for the Fashion Island 2007 Parking Structure.
The funds in the capital replacement reserve shall be placed in a separate account of
Landowner and shall not be commingled with any other funds. City's contribution to the
capital replacement reserve shall be based on the ratio that the number of City designated
parking spaces bears to the total number of parking spaces in the Parking Structure.
• Landowner shall fund or cause to be funded the balance of the capital replacement
reserve.
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(x) The obligations of Landowner and City with respect to the operation, •
maintenance, repair, and replacement of the Parking Structure shall be evidenced by a
recordable document that runs with the land and benefits and burdens all of the property
owned by Landowner in Block 500 and the Option Site.
(xi) Landowner shall, at its sole cost and expense, satisfy any parking obligations
it may have to other property owners or parties that may be affected by the development
of the Parking Structure on the Parking Structure Site, without creating a burden on City
or City's rights to exclusive use of the City designated parking spaces within the Parking
Structure and without any cost to City.
(xii) The foregoing rights and obligations shall terminate upon the expiration or
termination of City's option under the Option Agreement if City does not exercise the
option.
Although the rights and obligations of the Parties under the Parking Structure
Provisions are intended to be final and binding, from and after the Effective Date, the
Parties shall exercise diligent efforts to enter into agreements to implement, and set forth
in greater detail, these Parking Structure Provisions. The foregoing agreements shall
terminate in the event City does not exercise the option during the Option Period or the
Option Agreement otherwise terminates prior to City's exercise of the option.
4.9 Retrofit Sprinkler Systems. No later than June 2008, Landowner shall retrofit the
existing sprinkler systems in the Newport Center Drive parkways and medians to low
flow technology with the following specifications:
Control System
(1) The control system shall monitor and adjust itself not less than daily, using
either evapotranspiration rates for the Corona del Mar microclimate or soil
moisture levels monitored at enough locations in the irrigation area as to cover
each soil and slope type in Newport Center;
(2) The control system shall self- monitor for broken lines or sprinkler heads so
that the system shuts down in the event of a break;
(3) The control system shall adjust to wind and rain conditions to limit or
eliminate watering during windy times or rain events; and
(4) The control system shall separate irrigation valves for hydrozones
Sprinkler Heads:
(1) The sprinkler heads shall eliminate overspray onto roads, sidewalks, and other
hardscape either by using highly targeted heads that only water the plant material
or by using a sprinkler -like wicking system; and
(2) Suggested sprinkler heads; rotor heads drip /micro irrigation on all medians. •
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Supervision:
(1) The performance of the sprinkler systems shall be monitored daily; and
(2) The soil shall be tested monthly to determine if it is adequate vs. saturated
The specifications listed above will enhance water quality by reducing surface
runoff into storm drains in Newport Center.
4.10 Cooperation of Landowner if City Hall Constructed on Property North of Library.
If City elects to construct a new City Hall on the property located on the east side of
Avocado Avenue, north of the Central Library, Landowner shall cooperate in good faith
with City to implement any necessary land use regulations, including zoning
amendments, and to release and terminate the use restrictions contained in the deed for
the property to allow for and accommodate construction of a new City Hall on that site.
5. Fees.
5.1 Fees Applicable to Property. During the Term of this Agreement, the affordable
housing fee assessable against the Property shall be as set forth in the AHIP and the
Development Fees assessable against the Property shall be Park Fees, the Public Benefit
Fee, and the Fair Share Traffic Fees, and City shall not levy or require any additional
affordable housing fees or Development Fees for the development of the Property. City
shall retain the right to assess such Development Fees as it may adopt, and whatever
applicable rate City may adopt, to any development of the Property beyond the
development of the Property authorized in the Development Plan and contemplated by
this Agreement. As used herein, the term "Development Fees" shall mean the monetary
exactions charged by City in connection with a development project for the purpose of
defraying all or a portion of the cost of public facilities related to development of the
project. The Parties acknowledge that the following fees, taxes, and charges do not
constitute Development Fees and that nothing in this Agreement is intended or shall be
construed to release Landowner from the obligation to pay such fees, taxes, and charges,
including increases, if and when they become due:
(1) 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; and
(2) fees and charges levied by any other public agency, utility, district, or joint
powers authority, regardless of whether City collects those fees and charges; and
(3) 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 Section 3.12 of City's
Municipal Code.
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This Agreement does not authorize Landowner to transfer any fees paid or fee credits to O
any other property outside the Property that is the subject of this Agreement. Once the
Term of this Agreement has ended, Landowner shall not receive any credit for future
planned development of the Property based on the fees paid pursuant to this Agreement.
5.2 Permitted Increases in Development Fees Applicable to Property. During the
Term of this Agreement, City shall not increase the amount of the Public Benefit Fee, nor
shall City increase the amount of the Park Fees or the Fair Share Traffic Fees (the three
Development Fees applicable to the Property after the Operative Date) except as set forth
in Sections 4.1 and 4.3 and this Section.
If Landowner sells any residential unit to a third party purchaser in other than a
bulk sale of all of the units in a single residential building, then Landowner shall pay to
the City at the time of such sale of an individual residential unit the then applicable Park
Fee for construction of such unit, as may be in effect at that time within the City of
Newport Beach, less a credit for the amount of any per unit Park Fee previously paid to
City pursuant to Section 4.1 of this Agreement for such unit. Landowner's obligation to
pay such fee upon individual sale under this Agreement shall be described in a
memorandum and recorded against the title of each unit at the time that a subdivision
map creating the condominium unit is recorded by Landowner, in a form acceptable to
the City.
Pursuant to Section 4.3, the Property shall be subject to increases in the Fair Share •
Traffic Fee made pursuant to the Initial Fee Increase. As to any subsequent increases in
Fair Share Traffic Fees, the Property shall be subject to the increases; provided, however,
that in no event shall Landowner's Fair Share Traffic Fee be increased by an amount that
exceeds the percentage increase in the California Department of Transportation
Construction Index from the date the Initial Fee Increase becomes effective to the date
the adjustment is made. If at any time the Engineering the California Department of
Transportation Construction Index is discontinued or no longer available, City shall
substitute an official index that is most nearly equivalent thereto.
This Agreement does not vest Landowner against increases in any other fees other
than Development Fees that are payable by Landowner, including without limitation the
Property Development Tax referred to in subparagraph (3) of Section 5.1.
6. Development of Property.
6.1 Applicable Regulations. Other than as expressly set forth in this Agreement,
during the Term of this Agreement, the terms and conditions of development applicable
to the Property, including but not limited to the permitted uses, the density and intensity
of use, and the maximum height, size, and location of proposed buildings, shall be those
set forth in the Development Regulations and this Agreement. The permitted uses,
density and intensity of development, and the maximum height, location, and size of
proposed buildings permitted under the Development Regulations conform with the
development studied and contemplated by the Final Environmental Impact Report for the •
City of Newport Beach General Plan 2006 Update (State Clearinghouse No.
200601 1 1 19) and the North Newport Center Addendum to EIR for General Plan 2006
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• Update (State Clearinghouse No. 2006011119). During the Term of this Agreement, the
Development Fees applicable to the Property, and increases in said fees, shall be as set
forth in Sections 4.1, 4.2, 4.3, and 5.2. The affordable housing requirements applicable to
the Property shall be as set forth in the AHIP.
During the Term of this Agreement, City shall not prevent development of the
Property that is in compliance with the Development Regulations, or require the
Landowner to modify or redesign any building which complies with the Development
Regulations, regardless of whether City exercises the option to acquire the Option Site.
Landowner may apply to City for permits or approvals necessary to modify or
amend the development specified in the Development Regulations, provided that 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 and, in addition, Landowner 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.
City acknowledges that the Development Regulations provide a process for the
• transfer of development rights among parcels within the Property, consistent with City's
General Plan Policy LU 6.14.3, and that if Landowner eliminates any of the existing uses
on the Property which are set forth in Exhibit G and the associated development rights,
Landowner shall retain the right to rebuild the use and development rights elsewhere on
the Property or transfer the development rights among parcels within the Property,
subject to and consistent with the Development Regulations and said policy.
Notwithstanding any other provision in this Agreement to the contrary, if at any time
during the Term of this Agreement, Landowner transfers a development right from a
building or buildings anywhere within the Property to any other building within the
Property, the building(s) from which the development right is transferred must be
demolished and cleared or transformed into an authorized non - habitable use that does not
count as development intensity under the General Plan before Landowner can obtain a
certificate of occupancy for the new building(s). Nothing set forth herein is intended to
prohibit or restrict the transfer of development rights elsewhere in Newport Center,
consistent with and subject to City's normal rules and regulations.
6.2 Landowner's Vested Rights. During the Term of this Agreement, except to the
extent City reserves its discretion as expressly set forth in this Agreement or in the
applicable Development Regulations, Landowner shall have the vested right to exercise
its discretion within the limits and constraints of the Development Regulations in
designing any buildings, structures, streets, sidewalks, buildings, and development within
the Property. City shall not exercise or require any design review approval for
• Landowner's use of the Property unless expressly set forth in the Development
Regulations. Landowner acknowledges that the Development Regulations provide for a
design review process for the Property pursuant to which City has certain discretionary
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authority. In connection therewith, Landowner acknowledges that nothing in this 40 Agreement is intended to override any review and approval requirements contained in the
Development Regulations or to preclude City from the exercise of any discretionary
authority it has under the Development Regulations.
In addition to the foregoing, Landowner acknowledges and agrees that nothing
herein is intended to vest Landowner with any environmental approvals that may be
required in connection with the future development of the Property and Landowner must
submit and process and obtain the approval of all documentation and information
required to comply with the California Environmental Quality Act (California Public
Resources Code § 21000 et seq.) with regard to any development of the Property. The
Parties acknowledge that the environmental approvals for the improvements described in
Section 6.3 are being processed concurrently with this Agreement.
6.3 Project Components. During the Term of this Agreement, subject to any
approvals required under the Development Regulations, Landowner shall have a vested
right to develop the following improvements on the Property:
(1) 75,000 square feet in Fashion Island. This square footage will be available for
uses, including hotel and retail, that are consistent with the Development
Regulations.
(2) 430 residential units in Newport Center Block 500, Newport Center Block
600, or San Joaquin Plaza; provided, however, that to the extent Landowner •
desires to develop any of said residential units in Newport Center Block 500 or
San Joaquin Plaza, it shall be required to comply with the Traffic Phasing
Ordinance.
(3) The transfer to Newport Center Block 500 of development rights for
development of approximately 277,161 square feet currently assigned to Newport
Center Block 600 and designated for office, hotel, and supporting retail uses, of
which up to 72,000 square feet may be utilized by City for the City Hall building
to be situated on the Option Site if City exercises the Option. Upon transfer to
Newport Center Block 500, the development rights will be designated only for
uses permitted under the Development Regulations and, to the extent City
exercises the option to acquire the Option Site, for a City Hall on the Option Site.
The foregoing development and/or transfer of development rights will occur in new or
modified buildings that comply with the Development Regulations. Consistent with the
City of Newport Beach General Plan Policy LU 6.14.3, the transfer of the foregoing
development rights is consistent with the General Plan and will not result in any adverse
traffic impacts.
6.4 Police Power. In all respects not provided for in this Agreement, City shall retain
full rights to exercise its police power to regulate the development of the Property. Any
uses or developments requiring a use permit, tentative tract map, or other discretionary 40 permit or approval in accordance with the Development Regulations shall require a
permit or approval pursuant to this Agreement, and, notwithstanding any other provision
M
• set forth herein, this Agreement is not intended to vest Landowner's right to the issuance
of such permit or approval nor to restrict City's exercise of discretion with respect
thereto. Not by way of limitation of the foregoing, it is specifically understood that City
reserves the right to amend, pursuant to procedures provided by law and this Agreement,
City laws, rules, regulations, and policies applicable to the Property as to which
Landowner's rights are not expressly vested and such amendment or amendments shall
be binding on the Property except to the extent that the same conflict with the express
provisions of this Agreement.
6.5 Time -Share Developments. If Landowner desires to establish time -share
developments within the Property in the future, Landowner shall be required to comply
with the City of Newport Beach Time -Share Developments Ordinance (City of Newport
Beach Municipal Code chapter 20.84), including the requirement for a separate
development agreement under the City of Newport Beach Municipal Code section
20.84.050. City retains its full discretion with respect to such matters, including without
limitation, the imposition of an in -lieu of transient occupancy tax fee in accordance with
section 20.84.050 of the Municipal Code, and nothing herein constitutes a promise or
commitment by City to approve such use or enter into any such development agreement.
6.6 Available Use in Newport Center Block 500 for City Hall Building. If a new City
Hall building is developed on the Option Site, the development intensity for the Property
available to Landowner will not be reduced by more than 72,000 square feet, regardless
of whether the size of the City Hall building exceeds 72,000 square feet. As of the date
• of this Agreement, City intends that any new City Hall building constructed on the
Option Site will contain approximately 72,000 square feet of building area; provided,
however, that nothing in this Agreement shall be deemed to prohibit City from
constructing a smaller City Hall building or from constructing a larger building so long as
such building maintains the minimum parking ratio provided for in Section 4.8. If City
acquires the Option Site, City shall be responsible for conducting a traffic analysis and
providing traffic mitigation if required to comply with the Traffic Phasing Ordinance
with respect to the construction of a City Hall building on the Option Site. City
acknowledges and agreed that Landowner shall not be responsible for the payment of any
fees for any development by City on the Option Site.
6.7 Available Use in Newvort Center Block 500 if Citv Does Not Develop a City Hall
on the Option Site. If City does not exercise the option to acquire the Option Site during
the Option Period, then the 72,000 square feet of development intensity available to
Landowner that otherwise would have been utilized on the Option Site shall remain part
of the development intensity designated for office use in Newport Center Block 500, to
which Landowner has an exclusive vested right in accordance with this Agreement. In
addition, if City acquires the Option Site and the City Hall building developed on the
Option Site is less than 72,000 square feet, then the unused square footage remains part
of the development intensity designated for office use in Newport Center Block 500 and
to which Landowner has an exclusive vested right in accordance with this Agreement. If
City does not exercise the option to acquire the Option Site during the Option Period,
• then Landowner shall be responsible for conducting a traffic analysis and providing
traffic mitigation with the Traffic Phasing Ordinance and paying applicable Fair Share
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Traffic Fees with regard to the 72,000 square feet of development intensity referred to •
herein.
6.8 Effect of Agreement on Applications for Land Use Approvals. In connection
with any approval that City is required, permitted, or has the right to give relating to the
Project, or otherwise under its ordinances, resolutions, and codes, including without
limitation the approval of a tentative tract map under the Subdivision Map Act
(California Government Code sections 66410- 66499.58), City shall not impose any
condition or restriction that prevents Landowner from developing and subdividing the
Property with the uses, density, intensity, maximum height, and size of proposed
structures permitted by the Development Regulations. Subject to review for
completeness, City shall accept for processing and shall timely review and act on all
applications for further land use entitlement approvals with respect to the Project called
for or required under this Agreement. Unless expressly required by the Subdivision Map
Act, the Development Regulations, or overriding federal or state law, City in considering
any proposed tentative tract map shall not require any decrease or increase in density,
intensity, size, relocation, or setback of a proposed development or require any
modification of the design of any buildings, condominiums, parcels, units, or other uses
located in the proposed subdivision.
6.9 Mello -Roos Community Facilities District. Pursuant to the Mello -Roos
Community Facilities Act of 1982 (California Government Code sections 53311-
53368.3), Landowner may petition the City Council to establish one or more community •
facilities districts including some or all of the Property for the purpose of financing
Landowner's obligations under this Agreement. City shall have the sole discretion to
determine whether to establish a community facilities district, the improvements to be
financed, and the method of financing these improvements.
6.10 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 any ordinance, policy, rule, regulation, or other measure relating to
development of the Project that is enacted or becomes effective after the Effective Date to
the extent it conflicts with this Agreement. This Section 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 8. 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 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 Landowner shall
have the vested right to develop the Property at the rate, timing, and sequencing that
Landowner deems appropriate within the exercise of Landowner'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 Effective Date. No City moratorium or
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• other similar limitation relating to the rate, timing, or sequencing of the development or
construction 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 Landowner's vested rights in this Agreement or otherwise
conflicts with the express provisions of this Agreement.
6.11 Benefits to Landowner. Landowner has expended and will continue to expend
substantial amounts of time and money on the planning of the Project and construction of
infrastructure for and in conjunction with the Project. Landowner represents and City
acknowledges that Landowner would not make these expenditures without this
Agreement, and that Landowner makes these expenditures in reliance upon this
Agreement. A benefit to Landowner under this Agreement is the assurance that
Landowner will preserve the right to develop the Property in accordance with the terms
of this Agreement. City acknowledges that Landowner will be investing money and
planning efforts in the Project in reliance on City's covenants and representations in this
Agreement. City agrees that Landowner may reasonably and justifiably rely on City's
covenants and representations in this Agreement and on the enforceability of this
Agreement.
6.12 Tentative Subdivision Malls. City agrees that Landowner may file and process
new and existing vesting tentative maps for the Property consistent with California
Government Code sections 66498.1- 66498.9 and City of Newport Beach Municipal Code
• chapter 19.20. Pursuant to the applicable provision of the California Subdivision Map
Act (California Government Code section 66452.6(a)), any tentative subdivision map
approved for the Property, whether designated a "vesting tentative map" or otherwise,
shall be extended for the Term of this Agreement.
6.13 Compliance with California Government Code Section 65897.5(c) on Water
Supply. Pursuant to California Government Code section 65897.5(c), the tentative map
prepared for any subdivision of the Property shall comply with the provisions of
California Government Code section 66473.7 relating to the availability of water supply,
as enacted as of the Effective Date.
6.14 Cancellation of CIOSA and Bonita Canvon Development Agreement. Pursuant tc
the ordinance adopted by the City Council approving this Agreement, the CIOSA and the
Bonita Canyon Development Agreement shall automatically terminate on the Operative
Date ( "Cancellation'). Within ten (10) days after the Operative Date, the Parties shall
cooperate in executing and recording against the properties owned by Landowner that are
encumbered by the CIOSA and the Bonita Canyon Development Agreement a written
instrument memorializing the termination of said agreements in such form as to permit
the agreements to be removed as encumbrances upon title. The Cancellation shall not
affect the rights and obligations of any third parties under the CIOSA or the Bonita
Canyon Development Agreement.
• 6.15 No Payments Due from Citv. The Parties acknowledge that City is not required
to make any reimbursement payments to Landowner and that no funding is otherwise due
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from City to Landowner for improvements made by or at the direction of Landowner to •
Back Bay View Park, located at Jamboree Road and Pacific Coast Highway.
Compliance with Traffic Phasing Ordinance.
7.1 Scope of Traffic Study. The traffic study prepared in conjunction with this
Agreement covers all development authorized by this Agreement (including new
development and replacement development for existing buildings that may be
demolished), with the exception of (i) construction of a City Hall building in Newport
Center Block 500 if and to the extent that City is required to comply with the Traffic
Phasing Ordinance if City exercises the option to acquire the Option Site and construct
the City Hall building thereon, (ii) construction of any residential units in Newport Center
Block 500 or San Joaquin Plaza, and (iii) the development by Landowner of 72,000
square feet of office space within Newport Center Block 500 (if City does not acquire the
Option Site and the development rights to said site revert to Landowner, as provided
herein).
7.2 Sufficiency of Traffic Study. City acknowledges that the traffic study for the
Property prepared prior to the Effective Date satisfies the provisions of the Traffic
Phasing Ordinance. Specifically, City acknowledges that the traffic study establishes that
the project considered in the traffic study meets the requirements for a Comprehensive
Phased Land Use Development and Circulation System Improvement Plan with all
phases not anticipated to be complete within 60 months of project approval and subject to
a development agreement that requires circulation improvements, as defined in City of •
Newport Beach Municipal Code section 15.40.030(B)(2). With the exception of the need
for traffic studies for the three items listed in Section 7. 1, City shall not require any
additional traffic studies in conjunction with any application for approvals or permits
necessary to construct development authorized by this Agreement as long as the
application is consistent with the provisions of this Agreement and the relevant
Development Regulations.
7.3 Circulation Improvements No later than the earlier of (i) the date City issues the
certificate of occupancy for any new development under the First Building Permit (but
specifically excluding the building permit for the Parking Structure), or (ii) that date that
is sixty (60) months after the Operative Date, Landowner shall, in compliance with all
City requirements, complete construction of a third eastbound left turn lane at the
intersection of MacArthur Boulevard and San Joaquin Hills Road, to mitigate traffic
impacts pursuant to the Traffic Phasing Ordinance.
8. Reservations of Authority. Notwithstanding any provisions set forth in this Agreement to
the contrary, the laws, rules, regulations, and official policies set forth in this Section 8
shall apply to and govern the development of the Property.
8.1 Procedural Regulations. Procedural regulations relating to hearing bodies,
petitions, applications, notices, findings, records, hearings, reports, recommendations,
appeals, and any other matter of procedure, provided that they are adopted and applied •
City -wide or to all other properties similarly situated in City.
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• 8.2 Consistent Future City Regulations. City ordinances, resolutions, regulations, and
official policies governing development and building which do not conflict with the
Development Regulations, or with respect to such regulations that do conflict, where
Landowner has consented in writing to the regulations.
8.3 Overriding Federal and State Laws and Regulations. Federal and state laws and
regulations that override Landowner'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 overriding federal
and state laws and regulations, provided that:
(1) Landowner does not waive its right to challenge or contest the validity of any
such federal, state, or local laws, regulations, or official policies; and
(2) Upon the discovery of a federal or state law or regulation (or City ordinance,
resolution, regulation, or official policy undertaken pursuant to those laws and
regulations), that prevents or precludes compliance with any provision of this
Agreement, City or Landowner shall provide the other Party with written notice
of the state or federal law or regulation, provide a copy of the law or regulation,
and a written statement of conflict(s) with the provisions of this Agreement.
Promptly thereafter City and Landowner 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 federal or state
• law or regulation. In such negotiations, City and Landowner agree to preserve the
terms of this Agreement and the rights of Landowner as derived from this
Agreement to the maximum feasible extent while resolving the conflict. City
agrees to cooperate with Landowner at no cost to City in resolving the conflict in
a manner which minimizes any financial impact of the conflict upon Landowner.
City also agrees to process in a prompt manner Landowner's proposed changes to
the Project and any of the Development Regulations as may be necessary to
comply with such federal or state law; provided, however, that the approval of
such changes by City shall be subject to the discretion of City, consistent with this
Agreement.
8.4 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 community from conditions dangerous to their health or safety 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 Landowner's vested rights
under this Agreement.
8.5 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. '
• 8.6 Public Works Improvements. To the extent Landowner constructs or installs
public works or facilities, the City standards in effect for such public works or facilities at
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the time of City's issuance of a permit, license, or other authorization for construction or •
installation of same shall apply.
9. Utility Capacity_. With respect to utility services provided by an entity other than City, in
the event of a reduction of interruption of said service by the utility provider, City shall require
no greater reduction in utility service to any parcel of the Property than the general provider of
the service requires. Nothing in this Agreement limits City's ability to impose reasonable
conditions on any future development or building permits or approvals that require Landowner to
install utility lines and appurtenances servicing the Property. City shall not take any action to
obstruct development on the Property on the basis of utility capacity, provided that City is not
guaranteeing water supply or the Orange County Sanitation District's ability to provide
wastewater treatment services for new development planned for the Property.
If, as a result of City Action and after Landowner has paid the Initial Park Fee
and/or Initial Public Benefit Fee to City, sufficient sewer and water hookups, water supplies, and
sewage treatment capacity ( "Sewer and Water Service ") is not available to allow building
permits and/or certificates of occupancy to be issued for construction or occupancy of the
residential units authorized for development under this Agreement, City shall refund to
Landowner the per unit fee ($26,046.51 and/or $63,000) for each such residential unit. As used
herein, the term "City Action" shall mean affirmative action taken by City to reduce the Sewer
and Water Service currently available, and shall not include any action or event that is outside
City's control, including without limitation, any action taken or regulation adopted by any other
governmental agency or City ordinances, resolutions, regulations, and official policies that are •
necessary to enable City to comply with any overriding federal or state laws and regulations.
The refunds referred to in this Section shall be made at the time Landowner is otherwise entitled
to issuance of the building permit or certificate of occupancy, whichever is applicable, and City
is not able to issue the permit because of the City Action taken.
10. Proiect as Private Undertaking. The development of the Project is a private undertaking.
Neither Party is acting as the agent of the other in any respect, and each Party is an independent
contracting entity with respect to the terms, covenants, and conditions contained 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 of the property.
11. Effective Date and Operative Date of Agreement; Term. This Agreement shall become
effective on the thirty -first (31s`) day following the City Council's adoption of its ordinance
approving this Agreement or such other date that the ordinance becomes effective by applicable
law ( "Effective Date ").
Notwithstanding the forgoing, this Agreement shall not become operative and neither
Party shall have any rights or obligations hereunder, with the exception of the obligations in
Section 4.8 to execute the Option Agreement and to negotiate the agreements to implement the
Parking Structure Provisions, until the "Operative Date," which for purposes of this Agreement
shall mean the latest of the following dates: (i) the date the AHIP becomes operative after
approval or adoption by the City Council; (ii) the date the Development Plan becomes operative •
after approval or adoption by the City Council; (iii) the date the Design Regulations become
operative after approval or adoption by the City Council; (iv) the date the Transfer of
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• Development Rights Resolution becomes operative after approval or adoption by the City
Council; or (v) the date the time period for appealing or challenging this Agreement, the AHIP,
the Development Plan, the Design Regulations, the Transfer of Development Rights Resolution,
and the environmental documents approved by City in connection with all of said agreements
and land use approvals has expired with no challenge having been timely filed or, if any such
challenge is timely filed, the date such action is concluded and the validity of the agreement or
regulation that was the subject of the challenge is upheld. The Parties shall have the right to
make this Agreement become operative while litigation is pending upon mutual agreement of the
Parties in writing in the sole and absolute discretion of each of them, in which case the date
agreed upon by the Parties shall be the Operative Date. The Parties shall cooperate by executing
in recordable form an appropriate memorandum providing notice of the occurrence of the
Operative Date as soon as the Operative Date has occurred.
The Parties acknowledge that the resolutions and ordinances adopting the AHIP, the
Development Plan, the Design Regulations, and the Transfer of Development Rights provide that
the foregoing plans and regulations do not become operative until the Operative Date of this
Agreement.
If this Agreement, the AHIP, the Development Plan, the Design Regulations or the
Transfer of Development Rights are challenged and the applicable agreement or regulation is not
upheld at the conclusion of the action, and the Operative Date has not otherwise occurred by
mutual agreement by the parties in accordance with clause (v) of the fast sentence of the second
paragraph of this Section 11, either Party not then in default may, by delivery of written notice to
• the other Party, terminate this Agreement, in which event neither Party shall have any further
rights or obligations hereunder, the AHIP, the Development Plan, the Design Regulations, and
the Transfer of Development Rights shall be null and void, and the Parties shall execute and
record against the Property a written instrument memorializing the termination of this Agreement
in such form as to permit this Agreement to be removed as an encumbrance upon title to the
Property.
•
The term of this Agreement ( "Term") shall commence on the Operative Date and shall
continue thereafter until the earlier of the following: (i) the date that is twenty (20) years after
the Effective Date; or (ii) the date this Agreement is terminated pursuant to Sections 12 or 15.1.
12. Amendment or Cancellation of Agreement. Other than modifications of this Agreement
under Section 8.3, 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 City of Newport Beach Municipal Code section 15.45.060 or by
unilateral termination by City in the event of an uncured default of Owner.
13. Enforcement. Unless amended or canceled as provided in Section 12, or modified or
suspended pursuant to California Government Code section 65869.5, this Agreement is
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.
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14. Periodic Review of Compliance. The Parties shall review this Agreement at least once •
every 12 months from the Operative Date consistent with California Government Code sections
65865 and 65865.1 and City of Newport Beach Municipal Code section 15.45.070. At the
reviews, Landowner shall demonstrate its good faith compliance with this Agreement and shall
document the current status of its entitlement use and its provision of the public benefits referred
to in Section 4 of this Agreement. Landowner also agrees to furnish evidence of good faith
compliance as City may require in the reasonable exercise of its discretion and after reasonable
notice to Landowner.
15. Events of Default.
15.1 Default by Landowner. Pursuant to California Government Code section
65865. 1, if City determines following a noticed public hearing and on the basis of
substantial evidence that Landowner has not complied in good faith with Landowner's
obligations pursuant to this Agreement, City shall by written notice to Landowner specify
the manner in which Landowner has failed to comply and state the steps Landowner must
take to bring itself into compliance. If Landowner does not commence all steps
reasonably necessary to bring itself into compliance as required and diligently pursue
steps to completion within 30 days after receipt of the written notice from City specifying
the manner in which Landowner has failed to comply, then Landowner shall be deemed
to be in default under the terms of this Agreement. City may then: (1) seek a
modification of this Agreement, or (2) seek any other available remedies as provided in
Section 15.3. .
15.2 Default by City. If City has not complied with any of its obligations and
limitations under this Agreement, Landowner shall by written notice to City specify the
manner in which City has failed to comply and state the steps necessary for City to bring
itself into compliance. If City does not commence all steps reasonably necessary to bring
itself into compliance as required and diligently pursue steps to completion within 30
days after receipt of the written notice from Landowner specifying the manner in which
City has failed to comply, then City shall be deemed to be in default under the terms of
this Agreement. City may then: (1) seek a modification of this Agreement, (2) terminate
this Agreement, or (3) seek a specific performance or similar equitable remedy as
provided in Section 15.3. Except as provided below, if City adopts or enforces any
moratorium, de facto or de jure, or other similar limitation (whether relating to the rate,
timing, or sequencing of the development or construction of all or any part of the Project
and whether enacted by initiative or otherwise) affecting the processing or approval of
subdivision maps, building permits, occupancy certificates, or other entitlement to use
which is applied to the Project, then Landowner may immediately seek a modification of
this Agreement, terminate this Agreement, or seek any other available remedy as
provided in Section 15.3. City shall not be in default pursuant to this Section if:
(1) It adopts a temporary City -wide moratorium on development due to its
inability to supply sufficient water, sewer or other utilities to then - current
customers as necessary to maintain minimum levels of health, safety, and
sanitation; .
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• (2) It is required to enforce a moratorium because of a law, rule, regulation, or
plan identified in Section 8.3; or
(3) The enactment of the moratorium or other limitation is the result of a court
order.
15.3 Specific Performance and Damages Remedies. Due to the size, nature, and scope
of the Project and the potential impracticality or impossibility of restoring the Property to
its natural condition once implementation of this Agreement has begun, the Parties
acknowledge that, except as provided in this Section and in Section 15.4, money damages
and remedies at law generally are inadequate and that specific performance is appropriate
for the enforcement of this Agreement. The remedy of specific performance or, in the
alternative, a writ of mandate, shall be the sole and exclusive remedy available to either
Party in the event of the default or alleged default by the other, with the exception that
City shall be entitled to damages against Landowner for Landowner's breach or its
obligations under Sections 18 or 19 of this Agreement. The limitations on the remedy of
damages in this Agreement shall not prevent City from enforcing Landowner's monetary
obligations hereunder.
15.4 Limited Recovery of Legal Expenses by Prevailing Party in Any Action. In any
judicial proceeding, arbitration, or mediation (collectively, "Action") between the Parties that
seeks to enforce the provisions of this Agreement, the prevailing Party shall recover all of its
actual and reasonable costs and expenses, regardless of whether they would be recoverable under
• California Code of Civil Procedure section 1033.5 or Civil Code section 1717 in the absence of
this Agreement. These costs and expenses include expert witness fees, attorneys' fees, and costs
of investigation and preparation before initiation of the Action. The right to recover these costs
and expenses shall accrue upon initiation of the Action, regardless of whether the Action is
prosecuted to a final judgment or decision.
16. Cooperation. Each Party covenants to take reasonable actions and execute all documents
that may be necessary to achieve the purposes and objectives of this Agreement.
17. Force Maieure. 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.
18. Indemnity. Landowner agrees to indemnify, defend, and hold harmless City, City's
designee, and their respective elected and appointed councils, boards, commissions, officers,
agents, and employees from all actions, suits, claims, liabilities, losses, damages, penalties,
obligations, and expenses (including but not limited to attorneys' fees and costs) that may arise,
directly or indirectly, from the acts, omissions, or operations of the Landowner or Landowner's
• agents, contractors, subcontractors, agents, or employees pursuant to this Agreement. City shall
have the right to select and retain counsel to defend any actions, and Landowner shall pay the
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reasonable cost for this defense. The indemnity provisions in this Section shall survive •
termination of this Agreement.
19. Third Party Legal Challenge. If a third party brings a legal action challenging the validity
or enforceability of any provision of this Agreement or the Project approvals under the
Development Regulations ( "Third Party Legal Challenge "), City shall defend the Third Party
Legal Challenge, and Landowner shall be responsible for the reasonable legal expenses incurred
by City in connection with the challenge. As long as Landowner is not in default under this
Agreement, City shall not allow any default or judgment to be taken against it or compromise the
defense of the action without Landowner's prior written approval. Landowner shall also have
the right to settle a Third Party Legal Challenge, provided that nothing in this Agreement shall
authorize Landowner to settle the Third Party Legal Challenge on terms that would constitute an
amendment or modification of this Agreement or the AHIP, the Development Plan, the Design
Regulations, or the Transfer of Development Rights Resolution unless City approves the
amendment or modification consistent with applicable legal requirements. City reserves its full
legislative discretion to make this approval.
20. Mortgagee Rights.
20.1 Encumbrances on Property. The Parties agree that this Agreement shall not
prevent or limit Landowner 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 constriction, development, use, or operation of the Project.
20.2 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.
20.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section, a
Mortgagee will not have any obligation or duty under the terms of this Agreement to
perform the obligations of Landowner or other affirmative covenants of Landowner, or to
guarantee this performance except that:
(1) The Mortgagee shall have no right to develop the Property under the
Development Regulations without fully complying with the terms of this
Agreement; and
(2) To the extent that any covenant to be performed by Landowner is a condition
to the performance of a covenant by City, that performance shall continue to be a
condition precedent to City's performance.
20.4 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:
No
• (1) The results of the periodic review of compliance specified in Section 14, and
(2) Any default by Landowner of its obligations set forth in this Agreement.
Each Mortgagee shall have a further right, but not an obligation, to cure the default
within 10 days after receiving notice of monetary defaults and within 30 days after
receiving notice of non - monetary defaults. If Mortgagee can only remedy or cure the
default by obtaining possession of the Property, then 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 default within 30 days after obtaining possession. 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 until expiration of the 30 -day period. But
in the case of a default that cannot with diligence be remedied or cured within 30 days,
the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the
default, provided Mortgagee promptly commences to cure the default within 30 days and
diligently prosecutes the cure to completion. Landowner shall not be released from
performing its obligations in Sections 3 and 4 of this Agreement in the event of a
foreclosure by a Mortgagee.
21. Transfers and Assignments.
21.1 Right to Assign. Subject to the last sentence of this Section 21.1, Landowner
shall have the right to sell, lease, transfer, or assign the Property in whole or in part to any
• person, partnership, joint venture, firm, or corporation at any time during the Term of this
Agreement without the consent of City, provided that no partial transfer shall violate the
Subdivision Map Act (California Government Code sections 66410 - 66499.58). Upon the
effective date of any such sale, lease, transfer or assignment of the Property, the
transferor /assignor shall notify of the name and address of the transferee. Any
assignment of this Agreement must be pursuant to a sale or transfer of the Property. Any
sale or transfer of the Property shall include the assignment and assumption of the rights,
duties, and obligations arising from this Agreement to the transferee with respect to that
part of the Property transferred. Landowner shall no longer be obligated under this
Agreement for the part of the Property that was sold or transferred if Landowner is not in
default under this Agreement at the time of the sale or transfer. hi no event, however,
shall Landowner be relieved from its obligations under this Agreement to pay the Public
Benefit Fee, Park Fees, and Fair Share Traffic Fees or to fulfill its obligations under
Sections 3 and 4 of this Agreement. Notwithstanding the foregoing, from and after the
date of this Agreement, Landowner shall not have the right to sell, lease, transfer, or
assign (i) the Option Site until the expiration of the Option Period without City having
elected to exercise the option to acquire the Option Site, or (ii) the Parking Structure Site
until the expiration of the Option Period without City having elected to exercise the
option, or if City does exercise the Option, until the construction of the Parking Structure
is complete and the Parking Structure is operational.
21.2 Agreement Binding on Successors and Assigns. The burdens of this Agreement
• are binding upon, and the benefits of this Agreement inure to, all successors in interest of
the Parties to this Agreement, and constitute covenants that run with the Property. In
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order to provide continued notice, the Parties will record this Agreement and any •
subsequent amendments to it.
22. Estoppel Certificate. At any time, either Party may deliver written notice to the other
Party requesting that the Party certify in writing that, to the best of its knowledge:
(1) this Agreement is in full force and effect and is binding on the Party;
(2) this Agreement has not been amended or modified either orally or in writing. If this
Agreement has been amended, the Party providing the certification shall identify the
amendments; and
(3) the requesting Party is not in default in the performance of its obligations under this
Agreement. If the requesting Party is in default, the other Party must describe the nature
and amount of the default.
The requesting Party shall execute and return the certificate within 60 days following receipt.
Any assignee of a Party's rights and obligations hereunder, as referred to in Section 22, and any
Mortgagee, shall be entitled to rely on the certificate.
23. Further Actions and Instruments. 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.
24. 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 in the United States mail,
certified, return receipt requested, and postage prepaid; or delivered 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
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attn: City Manager
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
is
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• TO LANDOWNER: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attn: General Counsel
With a copy to: Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, California 92101 -3375
Attn: Christopher W. Garrett
Either Party may change the address stated in this Section by notice to the other Party in the
manner provided in this Section, and notices shall be addressed and submitted to the new
address. Notice shall be deemed to be delivered upon the earlier of: (1) the date received or (2)
three business days after deposit in the mail as provided above.
25. Rules of Construction and Miscellaneous Terms.
25.1 Rules of Construction. The singular includes the plural; the masculine and neuter
include the feminine; "shall" is mandatory; "may" is permissive.
25.2 Time is of the Essence. Time is of the essence regarding each provision of this
Agreement in which time is an element.
• 25.3 Waiver. 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.
25.4 Counterparts. This Agreement may be executed in two 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 and
the same agreement.
25.5 Entire Agreement. This Agreement constitutes the entire agreement and
supersedes all prior agreements and understandings, both written and oral, between the
Parties with respect to the subject matter addressed in this Agreement.
25.6 Severability. 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, the remainder of this Agreement or the application of the provision to persons or
circumstances other than those to whom it is held invalid or unenforceable shall not be
affected. Each provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
25.7 Construction. This Agreement has been drafted after extensive negotiation and
• revision. Both City and Landowner are sophisticated parties who were represented by
independent counsel throughout the negotiations. City and Landowner each agree and
acknowledge that the terms of this Agreement are fair and reasonable, taking into account
-31-
their respective purposes, terms, and conditions. This Agreement shall therefore be •
construed as a whole consistent with its fair meaning, and no principle or presumption of
contract construction or interpretation shall be used to construe the whole or any part of
this Agreement in favor of or against either Party.
25.8 Constructive Notice and Acceptance. Every person 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 applies regardless of whether the instrument by which the
person acquires the interest references this Agreement.
25.9 No Third Party Beneficiaries. The only parties to this Agreement are City and
Landowner. 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.
25.10 Applicable Law and Venue. This Agreement shall be construed and enforced
consistent with the internal laws of the State of California. 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.
25.11 Non - Liability of City Officers and Emplovees. No official, officer, employee, •
agent, or representative of City shall be personally liable to Landowner or its successors
and assigns for any loss arising out of or connected with this Agreement or the
Development Regulations.
25.12 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect construction or interpretation of this Agreement.
25.13 Incorporation of Recitals and Exhibits. Recitals A through S are incorporated into
this Agreement by this reference. Exhibits A through G 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
Development Status, Transportation Improvements and
C
Open Space Dedications Under the CIOSA and Bonita
Canyon Development Agreements
D
Affordable Housing Implementation Plan
-32-
r1
U
•
•
•
EXHIBIT
DESIGNATION
DESCRIPTION
E
Location of Option Site and Associated Parking Structure
F
Option Agreement
G
Existing Development on Property
26. Authoritv to Execute. The persons executing this Agreement warrant and represent that
they have the authority to execute this Agreement on behalf of the entity for which they are
executing this Agreement. They further warrant and represent that they have the authority to
bind their respective Party to the performance of its obligations under this Agreement.
27. Recordation. This Agreement and any amendment, modification, or cancellation to it
shall be recorded in the Office of the County Recorder of the County of Orange, by City Clerk
within the period required by California Government Code section 65868.5 and City of Newport
Beach Municipal Code section 15.45.090.
[SIGNATURE PAGE FOLLOWS]
-33-
SIGNATURE PAGE TO •
ZONING IMPLEMENTATION AND PUBLIC BENEFIT SPACE AGREEMENT
ATTEST:
City Clerk
APPROVED AS TO FORM:
Robin Clauson
City Attorney
"LANDOWNER"
THE IRVINE COMPANY LLC
m
m
"CITY"
-34-
CITY OF NEWPORT BEACH •
m
Its: Mayor
•
• STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, the undersigned, a Notary Public in and for said State,
personally appeared and , personally known
to me to be the persons whose names are subscribed to the within instrument and acknowledged
to me that they executed the same in their authorized capacities and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and official seal.
Notary Public in and for
said County and State
STATE OF CALIFORNIA
• COUNTY OF ORANGE
On , before me, the undersigned, a Notary Public in and for said State,
personally appeared and , personally known
to me to be the persons whose names are subscribed to the within instrument and acknowledged
to me that they executed the same in their authorized capacities and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and official seal.
Notary Public in and for
said County and State
11
-35-
EXMBIT A: •
LEGAL DESCRIPTION OF PROPERTY
Newport Center Block 500:
PARCEL AP NO. 442-082-07:
THOSE PORTIONS OF BLOCK 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
NORTHERLY RIGHT -OF -WAY LINE OF SAN NICOLAS DRIVE SHOWN AS "SOUTH
800 14'38" EAST 91.45 "' ON MAP OF TRACT NO. 6015 FILED IN BOOK 239, PAGES 28
THROUGH 41 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE ALONG THE RIGHT -OF -WAY LINES OF SAID SAN NICOLAS
DRIVE, NEWPORT CENTER DRIVE EAST AND SANTA ROSA DRIVE, AS SHOWN ON
SAID MAP, THE FOLLOWING COURSES AND DISTANCES: NORTH 800 14'38" WEST
91.45 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 25.00 FEET; NORTHWESTERLY 38.16 FEET ALONG SAID CURVE
•
THROUGH AN ANGLE OF 870 26'49" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 1670.00 FEET; NORTHERLY 472.13
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 160 11' 54" TO THE BEGINNING
OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00
FEET; NORTHEASTERLY 38.16 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
870 26'49"; NORTH 780 2706" EAST 69.97 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 825.50 FEET;
NORTHEASTERLY 195.27 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 130
33' 11" TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 350 38'
46" EAST; THENCE SOUTHEASTERLY 4.81 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 110 01' 42" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 161.00 FEET; THENCE SOUTHEASTERLY
91.20 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 320 27' 16" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE SOUTHERLY 32.67 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 740 53'02"; THENCE SOUTH 00 53'46" EAST 25.50 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
2.00 FEET; THENCE SOUTHWESTERLY 3.14 FEET ALONG SAID CURVE THROUGH
AN ANGLE OF 900 00'00" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHWESTERLY
3.14 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 900 0' 00' ; THENCE SOUTH
•
00 53' 46" EAST 179.75 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHWESTERLY
lie
• 6.59 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 37'45'40"; THENCE SOUTH
36° 51' 54" WEST 9.49 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHERLY 6.59
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 370 45'40"; THENCE SOUTH 0°
53'46" EAST 31.50 FEET; THENCE CONTINUING SOUTH 00 53'46" EAST 31.50 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS
OF 10.00 FEET; THENCE SOUTHEASTERLY 6.59 FEET ALONG SAID CURVE THROUGH
AN ANGLE OF 370 45' 40'; THENCE SOUTH 380 39' 26" EAST 9.49 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 10.0
FEET; THENCE SOUTHERLY 6.59 FEET ALONG SAID CURVE THROUGH AN ANGLE
OF 370 45' 40' ; THENCE SOUTH 00 53'46" EAST 212.75 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE
SOUTHWESTERLY 24.40 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 550 55'
53" TO THE BEGINNING OF A REVERSE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 147.00 FEET; THENCE SOUTHWESTERLY 66.40 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 250 52'43" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE
SOUTHWESTERLY 9.78 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 220 24'
25" TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 950.50 FEET AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID SAN
NICOLAS DRIVE, A RADIAL TO SAID POINT BEARS NORTH 220 12' 47" EAST;
THENCE WESTERLY 206.65 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 120
•27'25" TO THE POINT OF BEGINNING.
PARCEL AP NO. 442- 082 -08:
THOSE PORTIONS OF BLOCK 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
SOUTHERLY RIGHT OF WAY LINE OF SANTA ROSA DRIVE SHOWN AS "NORTH 780
27' 06" EAST 69.97' " ON A MAP OF TRACT 6015 FILED IN BOOK 239, PAGES 28
THROUGH 41 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY
RECORDER, SAID EASTERLY TERMINUS BEING THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 825.50 FEET; THENCE
NORTHEASTERLY 195.27 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 130 33'
11" TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 25.00 FEET AND THE TRUE POINT OF BEGINNING, A RADIAL TO SAID
POINT BEARS NORTH 350 38'46" EAST; THENCE SOUTHEASTERLY 4.81 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 110 01' 42" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 161.00 FEET;
THENCE SOUTHEASTERLY 91.20 FEET ALONG SAID CURVE THROUGH AN ANGLE
• OF 320 27' 16" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY 32.67
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 740 53'02"; THENCE SOUTH 0°
-2-
53' 46" EAST 25.50 FEET TO THE BEGINNING OF A CURVE CONCAVE •
NORTHWESTERLY HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHWESTERLY
3.14 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 900 00' 00" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 2.00 FEET; THENCE SOUTHWESTERLY 3.14 FEET ALONG SAID CURVE THROUGH
AN ANGLE OF 900 00' 00'; THENCE SOUTH 00 53' 46" EAST 179.75 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00
FEET; THENCE SOUTHWESTERLY 6.59 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 370 45' 40'; THENCE SOUTH 360 51' 54" WEST 9.49 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 10.00
FEET; THENCE SOUTHEASTERLY 6.59 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 370 45' 40' ; THENCE SOUTH 00 53'46" EAST 63.00 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET;
THENCE SOUTHEASTERLY 6.59 FEET ALONG SAID CURVE THROUGH AN ANGLE
OF 370 45'40"; THENCE SOUTH 380 39'26" EAST 9.49 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 10.00 FEET; THENCE
SOUTHERLY 6.59 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 370 45'40";
THENCE SOUTH 00 53' 46" EAST 212.75 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE
SOUTHWESTERLY 24.40 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 550 55'
53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 147.00 FEET; THENCE SOUTHWESTERLY 66.40 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 250 52' 43" TO THE BEGINNING OF A •
REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHWESTERLY 9.78 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
220 24' 25' TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 950.50 FEET AND THE NORTHERLY RIGHT OF WAY LINE OF
SAN NICOLAS DRIVE AS SHOWN ON SAID MAP OF TRACT 6015, A RADIAL TO SAID
POINT BEARS NORTH 220 12' 47" EAST; THENCE SOUTHEASTERLY 55.46 FEET
ALONG SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH AN ANGLE OF 30
20'36" TO A POINT ON A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 25.00 FEET; A RADIAL TO SAID POINT BEARS SOUTH 860 12'25" WEST;
THENCE NORTHERLY 9.44 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 21°
3737" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 95.00 FEET; THENCE NORTHEASTERLY 122.78 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 740 02' 54" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 262.03
FEET; THENCE SOUTHEASTERLY 193.09 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 420 13' 18 "; THENCE SOUTH 450 53' 46" EAST 109.58 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHWESTERLY 39.27 FEET ALONG SAID
CURVE THROUGH AN ANGLE OF 900 00'00"; THENCE SOUTH 440 06' 14" WEST 100.91
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 12.72 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 290 09' 46 ", THENCE NON - TANGENT SOUTH 460 44' 00" •
EAST 56.70 FEET TO A POINT OF A NON - TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 760 44' 00" WEST; THENCE NORTHEASTERLY 13.45 FEET ALONG
Egli
• SAID CURVE THROUGH AN ANGLE OF 30° 50' 14 "; THENCE NORTH 44° 06' 14" EAST
99.45 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY AND SOUTHEASTERLY 39.27
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 900 00'00"; THENCE SOUTH 450
53'46" EAST 15.01 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY AND
NORTHEASTERLY 62.83 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 900 00'
00'; THENCE NORTH 440 06' 14" EAST 289.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 40.00 FEET; THENCE
NORTHEASTERLY AND NORTHWESTERLY 62.83 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 900 00' 00'; THENCE NORTH 450 53'46" WEST 254.09 FEET
TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00
FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY 39.27 FEET ALONG SAID
CURVE THROUGH AN ANGLE OF 900 00' 00'; THENCE NORTH 440 06' 14" EAST 104.09
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY 13.00 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 290 474 1 " TO THE SOUTHWESTERLY RIGHT OF WAY LINE
OF SAN JOAQUIN HILLS ROAD AS SHOWN ON SAID MAP OF TRACT 6015; THENCE
NON - TANGENT NORTH 460 41' 16" WEST ALONG SAID RIGHT OF WAY LINE 48.72
FEET TO A POINT ON A NON - TANGENT CURVE IN THE BOUNDARY OF THAT
CERTAIN PARCEL SHOWN ON A MAP FILED IN BOOK 13, PAGE 41 OF PARCEL
MAPS IN THE OFFICE OF SAID COUNTY RECORDER, SAID CURVE BEING CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID POINT
• BEARS SOUTH 760 12'47" EAST; THENCE SOUTHWESTERLY 13.23 FEET ALONG SAID
CURVE AND SAID BOUNDARY THROUGH AN ANGLE OF 300 19' 01 "; THENCE
CONTINUING ALONG SAID BOUNDARY SOUTH 440 06'14" WEST 103.60 FEET TO THE
BEGINNING OF A CURVE IN SAID BOUNDARY CONCAVE NORTHERLY HAVING A
RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY AND NORTHWESTERLY 39.27
FEET ALONG SAID CURVE AND SAID BOUNDARY THROUGH AN ANGLE OF 900 00'
00'; THENCE NORTH 450 53' 46" WEST ALONG SAID BOUNDARY AND ITS
NORTHWESTERLY PROLONGATION 190.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 313.67 FEET; THENCE
NORTHWESTERLY 111.43 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 200
21' 13" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 121.38 FEET; THENCE NORTHWESTERLY 108.34 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 510 08'21"; THENCE NORTH 760 40'54" WEST
100.00 FEET; THENCE NORTH 75° 36'41" WEST 53.00 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 66.00
FEET; A RADIAL TO SAID POINT BEARS SOUTH 130 19' 06" WEST; THENCE
NORTHWESTERLY 62.51 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 540 16'
02' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY 9.79 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 220 26'33" TO A POINT ON THE SOUTHEASTERLY RIGHT
OF WAY LINE OF SAID SANTA ROSA DRIVE, SAID POINT BEGINNING ON A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 825.50 FEET, A RADIAL TO
• SAID POINT BEARS SOUTH 29° 13'23" EAST; THENCE SOUTHWESTERLY 59.38 FEET
ALONG SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH AN ANGLE OF 40
07' 18" TO THE TRUE POINT OF BEGINNING.
ffm
0
PARCEL AP NO. 442-082-06:
THOSE PORTIONS OF BLOCK 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
NORTHERLY RIGHT OF WAY LINE OF SAN NICOLAS DRIVE SHOWN AS "SOUTH 800
14' 38" EAST 91.45' " ON A MAP OF TRACT 6015 FILED IN BOOK 239, PAGES 28
THROUGH 41 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY
RECORDER, SAID EASTERLY TERMINUS BEING THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 950.50 FEET; THENCE
SOUTHEASTERLY 262.11 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 150 48'
O1" TO A POINT ON A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 25.00 FEET AND THE TRUE POINT OF BEGINNING, A RADIAL TO SAID
POINT BEARS SOUTH 860 12' 25" WEST; THENCE NORTHERLY 9.44 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 210 37' 37" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 95.00
FEET; THENCE NORTHEASTERLY 122.78 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 740 02' 54" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 262.03 FEET; THENCE SOUTHEASTERLY •
193.09 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 420 13' 18 "; THENCE
SOUTH 450 53'46" EAST 109.58 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY AND
SOUTHWESTERLY 39.27 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 900 00'
00"; THENCE SOUTH 440 06' 14" WEST 100.91 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE
SOUTHWESTERLY 12.72 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 290 09'
46'; THENCE NON - TANGENT NORTH 460 44' 00" WEST 34.74 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
950.50 FEET AND BEING THE SOUTHEASTERLY CONTINUATION OF THE
NORTHERLY RIGHT OF WAY LINE OF SAID SAN NICOLAS DRIVE; THENCE
NORTHWESTERLY 293.80 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 170 42'
37" TO THE TRUE POINT OF BEGINNING.
PARCEL AP NO. 442-082-01:
THOSE PORTIONS OF BLOCK 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN •
THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAN JOAQUIN HILLS ROAD SHOWN
AS "SOUTH 460 14' 16" EAST 286.60 "` ON A MAP OF TRACT 6015 FILED IN BOOK 239,
-5-
• PAGES 28 THROUGH 41 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE SOUTH 46° 14' 16" EAST 236.39 FEET ALONG SAID
RIGHT OF WAY LINE AND ALONG THE BOUNDARY OF THAT CERTAIN PARCEL
SHOWN ON A MAP FILED IN BOOK 13, PAGE 41 OF PARCEL MAPS IN THE OFFICE
OF SAID COUNTY RECORDER TO A POINT ON A NON - TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; A RADIAL TO SAID POINT
BEARS SOUTH 760 12' 47" EAST; THENCE SOUTHWESTERLY 13.23 FEET ALONG
SAID CURVE AND SAID BOUNDARY THROUGH AN ANGLE OF 300 19'01"; THENCE
CONTINUING ALONG SAID BOUNDARY SOUTH 440 06' 14" WEST 103.60 FEET TO
THE BEGINNING OF A CURVE IN SAID BOUNDARY CONCAVE NORTHERLY
HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY AND
NORTHWESTERLY 39.27 FEET ALONG SAID CURVE AND SAID BOUNDARY
THROUGH AN ANGLE OF 900 00'00" THENCE NORTH 450 53'46" WEST ALONG SAID
BOUNDARY AND ITS NORTHWESTERLY PROLONGATION 190.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
313.67 FEET; THENCE NORTHWESTERLY 111.43 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 200 21' 13" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 121.38 FEET; THENCE
NORTHWESTERLY 108.34 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 510
08'21"; THENCE NORTH 760 40'54" WEST 100.00 FEET; THENCE NORTH 750 36'41"
WEST 53.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 66.00 FEET; A RADIAL TO SAID POINT
• BEARS SOUTH 130 19' 06" WEST; THENCE NORTHWESTERLY 62.51 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 540 16' 02" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHWESTERLY 9.79 FEET ALONG SAID CURVE THROUGH AN ANGLE
OF 220 26' 33" TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF
SANTA ROSA DRIVE AS SHOWN ON THE MAP OF SAID TRACT 6015; SAID POINT
BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 825.50
FEET; A RADIAL TO SAID POINT BEARS SOUTH 290 13' 23" EAST; THENCE
NORTHEASTERLY 190.16 FEET ALONG SAID CURVE AND SAID RIGHT OF WAY
LINE THROUGH AN ANGLE OF 130 11' 54 "; THENCE NORTH 470 37' 43" EAST 2.20
FEET CONTINUING ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 25.00 FEET THENCE
NORTHEASTERLY AND SOUTHEASTERLY 38.96 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 890 17' 26" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 6072.50 FEET AND THE
SOUTHWESTERLY RIGHT OF WAY LINE OF SAID SAN JOAQUIN HILLS ROAD;
THENCE SOUTHEASTERLY 329.29 FEET ALONG SAID CURVE AND SAID RIGHT OF
WAY LINE THROUGH AN ANGLE OF 30 06'25" TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION SHOWN ON A MAP FILED IN BOOK 13, PAGE 41, PARCEL
MAPS, RECORDS OF SAID COUNTY.
• PARCEL AP NO. 442-082-02:
0
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF •
CALIFORNIA, AS PER MAP FILED IN BOOK 13, PAGE 41 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL AP NO. 442-082-03:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 21, PAGE 18 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL AP NO. 442-082-05:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 27, PAGE 43 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL AP NO. 442-082-09:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 54, PAGE 23 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL AP NO'S 442- 082 -11, 442-082-12,442-082-13 and 442- 082 -14:
PARCELS 1 TO 4 OF PARCEL MAP NO. 84 -706, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 192,
PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY
Newport Center Block 600:
[Replace with legal descriptions]
442 -101 -09
442- 101 -19
442- 101 -11
442- 101 -20
442- 101 -13
442- 101 -21
442- 101 -14
442- 101 -22
-7-
11
•
0
•
•
442- 101 -16
442- 101 -23
442- 101 -18
442- 101 -24
San Joaquin Plaza:
[Replace with legal descriptions]
442- 261 -01 442- 261 -19
442- 261 -16
Fashion Island:
[Replace with legal descriptions]
442- 021 -08
442- 021 -28
442- 021 -10
442- 021 -29
442- 021 -11
442- 021 -30
442- 021 -13
442- 021 -31
442- 021 -16
442- 021 -32
442- 021 -17
442 -021 -33
442- 021 -21
442- 021 -34
442- 021 -25
442- 021 -35
442- 021 -26
442- 021 -36
442- 021 -27
In
• EXHIBIT C:
DEVELOPMENT STATUS, TRANSPORTATION IMPROVEMENTS
AND OPEN SPACE DEDICATIONS UNDER
CIOSA AND THE BONITA CANYON DEVELOPMENT AGREEMENT
0
•
CIOSA
Open Space Dedication Requirement:
Actual Open Space
Conveyed/Offered:
Completion. Status:
138.1 acres
146.0 acres
106%
Transportation
Improvements
Total Program
Expended or
Amount Available for
Required:
Funding Requirement:
Committed to Date:
Future Projects:
Frontage
$5,220,360
$5,220,360
$0
Improvements
Fair Share
$1,398,428
$1,398,428
$0
Contribution
Advancement
$14,295,572
$12,191,740
$0
Total
$21,014,360
$21,014,360
$0
Outside Funds Used
$0
$30,108,183
to Complete CIOSA
Improvements
Total CIOSA
Related Funding
Expended
$51,122,543
A-
Approved Development:
Completed
Completion Status:
100%
Development:
88%
1076 residential units
945 residential units
88%
94,000 office square feet
94,000 office square
100%
feet
30,000 regional retail square feet
30,000 office square
100%
feet
68 hotel units
0 hotel units
0%
BONITA CANYON DEVELOPMENT AGREEMENT
Park Dedication Requirement: Completion Status:
Acquisition and improvement of Bonita Canyon Sports Park 100%
Transportation Improvements Required:
Completion Status:
Dedication of required right of way and widening of Bonita Canyon
Road, Bison Road, and MacArthur Boulevard
100%
Approved Development:
Completed
Development:
Completion Status:
1521 residential units
1339 residential
88%
units
55,000 general commercial square feet
54,000 general
98%
commercial square
feet
-2-
0
11
r1
U
0
•
•
Approved Development:
Completed
Completion Status:
Development:
1076 residential units
945 residential units
88%
94,000 office square feet
94,000 office square
100%
feet
30,000 regional retail square feet
30,000 office square
100%
feet
68 hotel units
0 hotel units
0%
-3-
• EXHIBIT E:
LOCATION OF OPTION SITE AND ASSOCIATED PARKING STRUCTURE
[Insert legal description of parcel that will be included in option site and attach depiction of
parcel and associated parking structure]
Cl
C,
J
0 EXHIBIT G:
EXISTING DEVELOPMENT ON PROPERTY
•
•
As of Date of Approval of the City of Newport Beach General Plan 2006 Update
(July 25, 2006)
Sub -Area
Existing Development
Block 500
285,142 square feet of office and commercial
development
952,673 square feet of office and commercial
Block 600
development
295 hotel rooms
San Joaquin Plaza
330,989 square feet of office and commercial
development
1,331,268 square feet of regional retail development
Fashion Island
1700 theater seats
Within an area of 27,000 square feet.
OPTION AGREEMENT
This OPTION AGREEMENT ( "Agreement ") is entered into as of this _ day of
December _, 2007, by and between THE IRVINE COMPANY LLC, a Delaware limited
liability company, successor -in- interest to The Irvine Company, a Michigan corporation
( "Optionor "), and the CITY OF NEWPORT BEACH, a California municipal corporation
( "City ").
RECITALS
A. Optionor is the owner of that certain real property located in the City of Newport
Beach, County of Orange, State of California, consisting of approximately 46,175 square feet of
land area more particularly described in the legal description attached hereto as Exhibit "I" and
depicted on the Site Map attached hereto as Exhibit "2 ", and the property adjacent to said
property (collectively, the "Parcel ").
B. Optionor and City desire to enter into this Agreement to provide for Optionor to
grant to City and City to obtain from Optionor, upon the terms set forth in this Agreement, an
option to purchase a portion of the Parcel not to exceed 54,000 square feet of net land area, the
boundaries of which shall be established by City in accordance with this Agreement, together
with all improvements thereon, all easements, licenses, and interests appurtenant thereto, and all
development rights, governmental approvals, and land entitlements, owned or held by Optionor
in connection with the Land (collectively, the "Property ").
• C. City and Optionor are entering into this Agreement pursuant to Section 4.8.1 of
that certain Zoning Implementation and Public Benefit Agreement between City and Optionor
dated December 18, 2007 ( "Development Agreement ").
AGREEMENT
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both parties, Optionor and City agree as follows:
1. OPTION TO ACQUIRE.
1.1 Survey Legal Description of Land-, Compliance with Subdivision Map Act. City
shall have the right to establish the boundaries of the Property within the Parcel provided that the
Land shall not exceed 54,000 square feet of net land area (as defined in Section 2). Within sixty
(60) days after the date of this Agreement, City shall notify Optionor of the land area that City
has determined will comprise the Property through an exhibit depicting the Property boundaries
and, within thirty (30) days thereafter, Optionor shall obtain and deliver to City a current survey
of the Property ( "Survey ") prepared by a licensed civil engineer or registered surveyor in
accordance with the current ALTA/ACSM standards, and shall be certified to City, Optionor,
and First American Title Company ( "Title Company "). The Survey shall establish both the gross
land area and net land area of the Property for purposes of confirming the Purchase Price
• pursuant to Section 2 of this Agreement. As used herein, the term "net land area" shall mean the
gross land area of the Property excluding any areas that have been dedicated to City for road or
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sidewalk purposes (i.e., if the legal parcel in which the Property is situated includes the half •
width of the abutting street). In addition, the Survey shall show a metes and bounds description
of the Property, consistent with the description provided by City, and shall show all easements
encumbering and easements appurtenant to the Property, visible or recorded, and roads and other
means of physical and record ingress and egress to and from the Property. Within thirty (30)
days after City's receipt of the Survey, City shall deliver written notice to Optionor approving or
disapproving the same. In the event that City disapproves the Survey, said disapproval shall
identify in detail any changes that are required to be made in order to obtain City's approval
thereof and Optionor shall promptly make said changes, provided that the land area of the Land
as described in the metes and bounds description shall be consistent with the land area depicted
on the Site Map. Upon City's approval of the Survey, the term "Property" as used in this
Agreement shall mean the land described in the approved metes and bounds description. City's
approval of the Survey shall be for the purpose of establishing the metes and bounds description
of the Property and the net land area for purposes of establishing the Purchase Price in
accordance with Section 2, and shall not constitute City's approval of any easements or
encumbrances on the Property.
The parties acknowledge that the Property is not an existing "legal lot" under the
Subdivision Map Act. Accordingly, promptly following the approval of the Survey, Optionor
and City shall take such steps as may be appropriate to effect such lot line adjustments as
reasonably may be proposed by Optionor or City to (a) establish and/or confirm that the
Property, as described and approved per the Survey, thereafter shall consist exclusively of one or
more legal lots under the Subdivision Map Act, and (b) establish and/or confirm that any •
property adjoining the Land and retained by Optionor (any such property, the "Retained
Property "), including any property that remains from a former legal lot after adjustments of
boundary lines so as to establish the Property, thereafter shall consist exclusively of one or more
legal lots under the Subdivision Map Act. At the request of Optionor and subject to any public
review process, such steps may include any actions that reasonably may be required of City, at
no cost to City, in order to establish or confirm that the Retained Property shall be in compliance
with the Subdivision Map Act (e.g., the issuance by City of a certificate of compliance with
respect to the Retained Property). The completion of the above described steps in accordance
with applicable law sometimes is referred to herein as the "Subdivision Map Act Condition."
Optionor acknowledges that minor boundary adjustments may need to be made to the
existing rights -of -way within the vicinity of the Property in order to accommodate the creation of
the Property as a separate parcel and the construction of a City Hall thereon, and Optionor shall,
within thirty (30) days after written request by City, dedicate to City the rights -of -way necessary
to accommodate said boundary adjustments.
1.2 Grant of Option. Optionor hereby grants to City an option to purchase the
Property upon all of the terms, covenants, and conditions contained in this Agreement ( "Option ")
and in the Escrow Instructions to be executed in accordance with Section 1.5 below. The Option
created hereby shall be irrevocable by Optionor and shall be binding upon the successors and
assigns of Optionor. Optionor's granting of the Option to City shall be in consideration of City's
performance of its obligations set forth in that certain Zoning Implementation and Public Benefit
Agreement between Optionor and City dated December 18, 2007 (the "Development •
Agreement "), and City shall not be required to pay any option fee, or pay or provide any other
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• consideration or purchase price for the Option. Optionee hereby represents and warrants to
Optionor that the Development Agreement has been duly executed and delivered by City, that all
steps and approvals have been taken and obtained under applicable law in order for the
Development Agreement to become effective and to become the binding obligation of City, and
that the Development Agreement constitutes a valid and binding obligation of City, fully
enforceable against City in accordance with its terms.
1.3 Option Period. The term of this Option ( "Option Period ") shall commence on the
date of this Agreement and expire on the earliest of the following dates: (i) the date that is 48
months after the Operative Date; (ii) upon City's termination of this Agreement by delivery of
written notice of termination to Optionor, which notice City shall have the right to deliver at any
time during the Option Period prior to City's exercise of the Option; (iii) the date City's
electorate approves and City implements an initiative restricting the location of a new City Hall
building to a site outside of Newport Center Block 500, with such initiative to be deemed
implemented upon the issuance of a certificate of occupancy for a City Hall building at that site;
or (iv) if the Development Agreement does not become operative in accordance with the terms
set forth in Section 11 of the Development Agreement and the Development Agreement is
terminated in accordance with the second to last paragraph of Section 11, then on the date of
such termination.
1.4 Conditions to Exercise of Option. City's right to exercise the Option shall be
subject to the satisfaction of the following conditions: (i) the Operative Date under the
Development Agreement shall have occurred, and (ii) City shall have awarded a contract for the
• construction of a new City Hall on the Option Site.
1.5 Manner of Exercise of Option. In the event this Agreement has not earlier
terminated pursuant to the provisions of Section 1.3 above, City shall have the right to exercise
the Option during the Option Period by delivering to Optionor or Optionor's counsel written
notice of City's election to acquire the Property, together with three (3) originals of the
Agreement for Purchase and Sale of Real Property and Escrow Instructions in the form attached
hereto as Exhibit "4" ( "Escrow Instructions "), with each original of said Escrow Instructions
fully executed by City. Optionor shall thereupon promptly execute the Escrow Instructions, with
Section 6 initialed in the space provided for the Seller's initials, and deliver, within seven (7)
days after receipt thereof, one fully executed original to City and one fully executed original to
First American Title Company at its offices located at 2 First American Way, Santa Ana, CA
92707 ( "Escrow Holder "), and shall retain one fully executed original for Optionor's records.
Thereafter, Optionor and City shall cooperate in executing any additional and supplemental
escrow instructions as may be required by the Escrow Holder to perform its duties with respect
to the escrow, provided that in the event of any conflict between the form of Escrow Holder's
standard escrow instructions and the Escrow Instructions, the Escrow Instructions shall govern.
The date that the Escrow Instructions are executed and delivered by City to Optionor shall be the
date inserted on the fast page of the Escrow Instructions as the date of the Opening of Escrow.
The Close of Escrow shall occur within thirty (30) days following the exercise of the Option by
City, as more particularly provided in the Escrow Instructions.
• 1.6 Recordation of Memorandum. Within five (5) business days after the date the
metes and bounds description of the Property is determined in accordance with Section 1.1 of
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this Agreement, Optionor shall execute and deliver to City a short form memorandum of this •
Agreement ( "Memorandum ") in the form attached hereto as Exhibit "3 ". Upon receipt of the
Memorandum from Optionor, City shall execute the Memorandum and cause it to be recorded in
the Official Records of Orange County, California.
1.7 Document to Remove Cloud. This Agreement constitutes only an Option to
purchase the Property, and although the Option granted hereby shall automatically terminate
with respect to the Property unless exercised within the time and in accordance with the other
provisions set forth herein, City agrees that upon termination or expiration of the Option Period
or, if City timely exercises the Option but the Closing provided for in the Escrow Instructions
does not occur for any reason other than an uncured material default by Optionor, City shall
execute, acknowledge, and deliver to Optionor upon Optionor's request therefor, a quitclaim
deed or such other document(s) required by a reputable title company to remove any cloud from
Optionor's title to the Property that might arise as a result of the Option.
2. PURCHASE PRICE.
In the event that City exercises the Option, the purchase price payable by City to
Optionor for the Property shall be the sum of One Hundred Forty -Five Dollars ($145.00) per
square foot of net land area ( "Purchase Price "). The net land area of the Property shall be
determined by the Survey to be obtained by Optionor and approved by City pursuant to Section
1.1 of this Agreement. Within five (5) days after City's approval of the Survey as provided for
in Section 1.1, City and Optionor each shall execute and deliver to the other a written instrument •
confirming the net land area of the Property and the Purchase Price resulting therefrom. Prior to
executing the Escrow Instructions, the parties shall insert the amount of the Purchase Price into
the blank in Section 2.1 of the Escrow Instructions. If City exercises the Option, the Purchase
Price shall be paid by City to Optionor at the Closing in accordance with the terms set forth in
the Escrow Instructions. As used herein, the terms "Closing," "Close of Escrow" and "Closing
Date" shall have the meaning ascribed in Section 3.1 of the Escrow Instructions.
3. INSPECTIONS AND REVIEW.
3.1 Delivery of Property Documents. Within five (5) days after the date of this
Agreement, Optionor shall deliver to City all documents, reports, agreements or other items in its
possession or control relating to the Property, including without limitation the following
(collectively, the "Property Documents "): all information and documents relating to the
condition of the soils, groundwater, subsurface improvements, including without limitation
building foundations and underground utility lines, and subsurface physical and environmental
conditions on and under the Property, including copies of all asbestos, lead -based paint, soils,
seismic, geologic, drainage, toxic waste, engineering, environmental and similar type reports and
surveys; all information and documents relating to the physical and environmental condition of
the structures located on the Property; any survey of the Property; and all engineering reports and
studies relating to the physical and environmental condition of the Property. During the Option
Period, Optionor shall promptly deliver to City any additional Property Documents that Optionor
comes to posses or control after the date of this Agreement. Optionor makes no representations
as to the accuracy or completeness of such information or to any analyses based on such •
information.
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• 3.2 Condition of Title. Prior to the date of this Agreement, City reviewed that certain
preliminary title report dated 2007, issued by the Title Company under Order No.
(`Title Report"). City agrees it shall accept title to the Property on the Close of
Escrow subject to the following title exceptions (collectively, the "Approved Title Exceptions "):
(i) the standard printed exceptions and exclusions contained in the form of the Title Policy
commonly used by Title Company; (ii) the exceptions disclosed as items of the Title
Report; (iii) the Grant Deed attached as Exhibit "B" to the Escrow Instructions; and (iv) any
other exceptions to title that may be approved in writing by City in its sole and absolute
discretion. If City exercises the Option to purchase the Property, Optionor shall be responsible
for removing prior to the Close of Escrow all title exceptions that do not constitute Approved
Title Exceptions. Without City's written consent, Optionor shall not allow any new title
exceptions or defects to be created that will not be eliminated or removed by Optionor prior to
the Closing (if City timely exercises the Option).
3.3 Right of Err . During the Option Period (and, if City timely exercises the
Option, from that date until the Closing or the termination of the Escrow Instructions, whichever
first occurs), City (either directly or through and City's employees, representatives, agents,
engineers, consultants, contractors, and designees) shall have the right to enter onto the Property
to make such independent investigations, inspections, tests, reviews, studies or surveys as City
deems necessary or appropriate, including without limitation, any desired investigations of the
site work, soil, subsurface soils, drainage, seismic and other geological and topographical
matters, and location of any asbestos, toxic substances, hazardous materials or wastes, provided,
however, that: (i) all of the foregoing inspections, investigations, tests, etc. shall be performed by
• City at City's sole cost and expense; (ii) City shall not enter the Property for any such purposes
unless it first has provided Optionor with evidence reasonably satisfactory to Optionor that City
(and its employees, representatives, agents, engineers, consultants, contractors or designees, as
the case may be) possess insurance reasonably appropriate in scope and coverage to protect
against damages or losses that may be suffered in connection with such activities, and that
Optionor has been made an additional insured with respect to such policies; (iii) City shall
provide written notice to Optionor at least 48 hours prior to inspection and any on -site inspection
must be conducted in the company of a representative of Optionor; (iv) with respect to any
invasive inspections, City shall obtain the prior written approval of Optionor prior to conducting
such inspections, investigations, tests, etc. which approval shall not be unreasonably withheld,
conditioned or delayed; (v) City shall, in a timely manner, repair any and all damage to the
Property caused by such inspections, investigations, tests, etc. and return the Property to its
original condition prior to City's entry, unless such repair would be legally prohibited under any
environmental or other applicable laws; (vi) City shall keep the Property free of all liens in
connection with its inspection of the Property and shall cause all such liens to be removed
immediately upon its being notified of same; and (vii) City shall not materially disrupt the
ordinary course of Optionor's businesses and/or activities on the Property during any such
inspections, investigations, tests, etc. (including without limitation parking of automobiles or any
business or activities conducted by any tenants or other third parties on the Property with the
permission of Optionor, although Optionor agrees that it shall cooperate reasonably with City
(subject to any contractual limitations which may be binding upon Optionor) in order to permit
City to undertake its desired inspections, inspections, tests, etc.). City shall indemnify, defend
• and hold harmless Optionor from and against any and all damage, liability or expense arising
from the entries of City, its agents, contractors, consultants, and employees upon the Property;
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provided, that the foregoing indemnity shall not apply to any damage, liability or expense arising •
from or related to (a) the mere discovery of matters by City during its investigation of the
Property, including any latent defects in or Hazardous Materials on or in the Property or any
diminution in value of the Property as a result thereof, or (b) negligent or wrongful acts or
omissions of the Optionor or its agents, representatives or employees.
4. REPRESENTATIONS AND WARRANTIES: CONDITION OF PROPERTY.
4.1 Optionor's Representations and Warranties. Optionor hereby makes the
following representation and warranties as of the date hereof and acknowledges that the
execution of this Agreement by City has been made and, if the Option is exercised, the
acquisition by City of the Property will be made in material reliance by City on such covenants,
representations and warranties:
(a) Power, Consents. Optionor has the legal power, right and authority to
enter into this Agreement and the instruments referenced herein, to perform its
obligations hereunder and to consummate the transaction contemplated hereby, and all
documents to be executed by Optionor hereunder, including the Escrow Instructions if
City exercises the Option, are and at the time of Closing will be duly executed and
delivered by Optionor, are and at the time of Closing will be legal, valid and binding
obligations of Optionor enforceable against Optionor in accordance with their respective
terms and do not and at the time of Closing will not violate any provision of any
agreement or judicial order to which Optionor or the Property is subject. Optionor has
obtained all necessary authorizations, approvals and consents to the execution and •
delivery of this Agreement and the consummation of the transactions contemplated
hereby.
(b) No Litigation. Optionor has not received written notice of any pending or
threatened claims, allegations, lawsuits or governmental investigations of any kind,
whether for personal injury, property damage, property taxes or otherwise affecting or
relating to the Property, nor to the actual knowledge of Optionor, any such action or
proceeding pending or threatened.
(c) Compliance with Laws. To Optionor's actual knowledge, the Property is
not in violation of any applicable law, rule, statute, ordinance or regulation, and Optionor
has not received any written notification from any applicable governmental authority
having jurisdiction over the Property of any existing, past or potential violation of
applicable law.
(d) Hazardous Materials. Optionor has no actual knowledge, and has not
received any written notice or communication from any governmental agency having
jurisdiction over the Property notifying Optionor, of the presence of surface or subsurface
zone Hazardous Materials in, on, under or adjacent to the Property or any portion thereof.
The term "Hazardous Materials" shall mean (i) hazardous wastes, hazardous materials,
hazardous substances, hazardous constituents, toxic substances or related materials,
whether solids, liquids or gases, including, but not limited to, substances deemed as •
"hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances,"
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• "pollutants," "contaminants," "radioactive materials," or other similar designations in, or
otherwise subject to regulation under, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended ( "CERCLA "), 42 U.S.C. § 9601 et
seq.; the Toxic Substance Control Act ("TSCA "), 15 U.S.C. § 2601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation
and Recovery Act ("RCRA "), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA "),
33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean
Air Act ( "CAA "), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law,
California Health and Safety Code § 25025 et seq., the Carpenter- Presley - Tanner
Hazardous Substance Account Act, California Health and Safety Code, Division 20,
Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act,
California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage
of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter
6.7, the Porter - Cologne Act, California Water Code § 13050 et seq. and in any permits,
licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and
guidelines promulgated pursuant to the preceding laws or other similar federal, state or
local laws, regulations, rules or ordinances now or hereafter in effect relating to
environmental matters (collectively, "Environmental Laws "); including without
limitation (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste
aviation or motor vehicle fuel, (E) asbestos, or (F) lead -based paint.
(e) Rights of Third Parties. Optionor has not entered into any lease or other
agreement for possession or sale with any person or entity, except City, pursuant to which
• such person or entity has any interest or future right or interest to occupancy, possession
or use of all or any portion of the Property, except for those agreements listed on Exhibit
"4" or any other agreements that may be listed in the Title Report, all of which City is
encouraged to review in accordance with the provisions of this Agreement.
(f) Bankruptcy. Optionor has not, and as of the Closing if City exercises the
Option, Optionor shall not have (i) made a general assignment for the benefit of creditors,
(ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary
petition by Optionor's creditors, (iii) suffered the appointment of a receiver to take
possession of all, or substantially all, of Optionor's assets, which remains pending as of
such time, (iv) suffered the attachment or other judicial seizure of all, or substantially all,
of Optionor's assets, which remains pending as of such time, (v) admitted in writing its
inability to pay its debts as they come due, or (vi) made an offer of settlement, extension
or composition to its creditors generally.
For purposes of this Agreement, whenever any representation, warranty, certification or
other statement of Optionor is stated to be made to the "knowledge," "best knowledge," or
"actual knowledge" of Optionor or any of its agents or representatives, such statement shall be
deemed to refer to, and to be strictly limited and confined to, the present actual knowledge of
(specify Irvine Company points of contact] of Optionor, and without any obligation on the part
of such person to undertake any further investigation or inquiry (including without limitation any
investigation or inquiry into files or into the content or effect of applicable laws). In no event
• shall such individuals have any personal liability on account of such knowledge or their
designation for purposes of this paragraph. If Optionor becomes aware of any act or
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circumstance which would materially change or render materially incorrect, in whole or in part, •
any representation or warranty made by Optionor under this Agreement, whether as of the date
given or any time thereafter through the Closing Date and whether or not such representation or
warranty was based upon Optionor's actual knowledge and/or belief as of a certain date,
Optionor shall immediately deliver written notice of such changed fact or circumstance to City.
4.2 Survival. All representations and warranties contained in Section 4.1 shall be true
and correct on the date hereof, and Optionor's liability for misrepresentation of or breach of
warranty, representation or covenant, wherever contained in this Agreement, shall survive the
execution and delivery of this Agreement and the Closing for a period of twelve (12) months
from the Closing Date, and thereafter Optionor shall have no liability with respect thereto; and
provided further, however, Optionor shall have no liability whatsoever to City with respect to a
breach of any of the representations and warranties herein contained if City obtains knowledge of
a fact or circumstance the existence of which would constitute a breach of Optionor's
representations and warranties hereunder prior to the Closing Date and City proceeds to Closing,
in which event each representation or warranty shall be deemed automatically amended to
conform with the knowledge of City as of the Closing Date, and Optionor shall have no liability
whatsoever for such previously inaccurate representation or warranty. For the purposes hereof,
City shall be deemed to have knowledge of any fact or circumstance set forth in any
environmental assessment, soils, geological, physical condition or other report received by City
prior to Closing, and the representations and warranties herein contained shall be deemed
automatically modified to the extent information contained in any environmental assessment,
soils, geological, physical condition or other report received by City prior to Closing is •
inconsistent with the matters covered herein.
4.3 Disclaimer of Further Representations or Warranties; AS -IS Sale. If City elects to
exercise the Option to acquire the Property, City acknowledges it will have had an adequate
opportunity to inspect the Property, and all aspects thereof, and to investigate its physical
characteristics and conditions and all other matters related or relevant to such property,
including, without limitation, City's ability to develop same. Upon the Close of Escrow, and
except as otherwise expressly provided in this Agreement, City shall be deemed to have waived
any and all objections to the condition of the Property and to have accepted the Property in its
present "AS -IS," "WHERE -IS" condition.
5. OPTIONOR'S COVENANTS DURING OPTION PERIOD.
During the Option Period (and, if City timely exercises the Option, from that date until
the Closing), (i) Optionor shall not further encumber or place any further liens or encumbrances
on the Property, including, but not limited to, covenants, conditions, restrictions, easements,
liens, leases, tenancies, or other possessory interests without the prior written consent of City
which consent may be withheld by City in its sole discretion; provided, however, that City agrees
that City's consent shall not be required, and Optionor shall have the right to proceed with, any
such encumbrances which by their terms shall terminate at or before the Closing (and provided
further that to the extent any such encumbrances cause any material damage to the Property,
Optionor shall repair such damage at or before the Closing); (ii) Optionor shall not take any
affirmative action to cause physical damage to the Property, and shall not place or authorize to •
be deposited, stored, or placed on, in, or under any portion of the Property any Hazardous
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• Materials other than in strict compliance with applicable federal, state, and local environmental
laws and as may be appropriate and necessary to maintain and repair the Property (e.g., the use
of minor amounts of pesticides to control weeds); and (iii) Optionor shall not take or permit to be
taken any actions constituting waste of the Property and shall maintain or cause to be maintained
the Property in substantially the same condition as exists on the date of this Agreement and,
except in the ordinary course of business, Optionor shall not make any alterations to the
Property.
6. DESIGN AND CONSTRUCTION OF CITY HALL.
In the event City exercises the option and acquires the Option Site, all construction by
City on the Option Site shall be completed at no cost to Optionor and shall be performed in a
manner reasonably tailored to minimize the disruption of the operation of neighboring properties.
With respect to the City Hall improvements to be constructed by City on the Property if City
exercises the Option, City agrees (i) prior to the award of any design contract for the proposed
improvements, Optionor shall have thirty (30) days to review and comment on the proposed
improvements and design plan, and (ii) after the design plans have been completed and prior
to soliciting public bids for such improvements, Optionor shall have sixty (60) days' to review
and comment on City's designed improvements or any significant changes thereto. Upon receipt
of Optionor's comments, City shall give reasonable consideration to any suggestions provided by
Optionor regarding the proposed improvements; provided, however, City is not required under
this Agreement to implement any suggestions made by Optionor.
• 7. LIKE -KIND EXCHANGE.
Notwithstanding anything to the contrary in this Agreement, City acknowledges and
agrees that Optionor shall have the right at Closing, in lieu of receiving the Purchase Price for the
sale of the Property, to exchange the Property (the "Tax -Free Exchange ") in a transaction
intended to qualify as a tax -free exchange under Section 1031 of the Internal Revenue Code of
1986, as amended from time to time, and any regulations, rulings and guidance issued by the
Internal Revenue Service (collectively, the "Code "). If Optionor elects to effect a Tax -Free
Exchange pursuant to this Section, Optionor shall provide written notice to City prior to Closing,
in which case Optionor shall enter into an exchange agreement and other exchange documents
with a "qualified intermediary" (as defined in Treas. Reg. § 1. 103 1 (k)- I (g)(4) of the Code) (the
"Exchange Party "), pursuant to which Optionor shall assign all of its right, title and interest
under this Agreement to the Exchange Party. City shall execute and deliver such documents as
may be required to complete the transactions contemplated by the Tax -Free Exchange which are
in form and substance reasonably acceptable to City, and otherwise cooperate with Optionor in
all reasonable respects to effect the Tax -Free Exchange. City agrees that if Optionor elects to
effect a Tax -Free Exchange pursuant to this Section, at Closing, City shall pay the Purchase
Price to the Exchange Party and direct Escrow Agent to disburse the Purchase Price to the
Exchange Party. Notwithstanding the foregoing, (i) the Tax -Free Exchange shall not diminish
City's rights, nor increase City's liabilities or obligations, under this Agreement, nor delay the
Closing; (ii) Optionor shall pay for all fees, costs and expenses in connection with the Tax -Free
Exchange; (iii) ) the purchase and sale of the Property shall not be conditioned upon the
• consummation of the 1031 exchange; (iv) in no event shall Optionor be relieved from liability
under the Agreement or the Escrow Instructions to be executed in connection herewith including,
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without limitation, with respect to representations and warranties of Optionor to City under this •
Agreement and its exhibits; (v) the consummation of the 1031 exchanges shall be at no liability,
risk, fee or expense to the City; and (vi) the Optionor shall protect, indemnify, defend and hold
City free and harmless from all losses, costs, claims, liabilities, lawsuits, demands and damages,
including any attorneys' fees and expenses, incurred in connection therewith.
8. MISCELLANEOUS.
8.1 Attorney's Fees. If either party commences an action against the other to enforce
any of the terms of this Agreement or because of the breach by either party of any of the terms of
this Agreement, the losing party shall pay to the prevailing party its expert witness fees and its
reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or
defense of such action, including appeal of and/or enforcement of a judgment.
8.2 Notices. All notices required to be delivered under this Agreement to the other
party must be in writing and shall be effective (i) when personally delivered by the other party or
messenger or courier thereof; (ii) three (3) business days after deposit in the United States mail,
registered or certified; (iii) twenty -four (24) hours after deposit before the daily deadline time
with a reputable overnight courier or service; or (iv) upon receipt of a telecopy or fax
transmission, provided a hard copy of such transmission shall be thereafter delivered in one of
the methods described in the foregoing (i) through (iii); in each case postage fully prepaid and
addressed to the respective parties as set forth below or to such other address and to such other
persons as the parties may hereafter designate by written notice to the other parties hereto.
Notices delivered after 5:00 PM on a business day shall not be deemed to have been delivered •
until the following business day. As used herein, business days shall exclude weekends and state
and federal holidays. The parties' respective addresses for notices are as set forth below, (with
such addresses subject to change from time to time if a notice of change of address is delivered
in accordance with the notice provisions set forth herein:
To Optionor: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660 -0015
Attn: General Counsel
Facsimile: (949) 760 -0896
Copy to: Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, CA 92101 -3375
Attn: Christopher W. Garrett
Facsimile: (619) 696 -7419
To City: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Manager •
Facsimile: f 1
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• Copy to: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Attorney
Facsimile: (949) 644 -3139
8.3 Assignment. Neither party shall, whether voluntarily, involuntarily, or by
operation of law, assign all or any part of this Agreement or any rights hereunder without the
other party's written approval, which approval may be withheld in the other party's sole and
absolute discretion; except that City many assign its rights to another governmental entity solely
for financing purposes. Also, City may specify a nominee to whom title will be conveyed on the
Closing Date if the Option is exercised. hi connection with any assignment, any assignee shall
execute all documents reasonably necessary to assume all of the obligations imposed under this
Agreement as if the assignee were the original party to this Agreement.
8.4 Time of the Essence. Time is of the essence with respect to each of the terms,
covenants, and conditions of this Agreement.
8.5 Binding on Heirs. Subject to the limitations set forth in Section 6.3 above, this
Agreement shall be binding upon and inure to the benefit of the successors and assigns of the
respective parties hereto.
• 8.6 Entire Agreement. With the exception of the Zoning Implementation and Public
Benefit Agreement, and the Escrow Instructions if the Option is exercised by City, this
Agreement contains the entire agreement of the parties hereto with respect to the matters covered
hereby, and all negotiations and agreements, statements or promises between the parties hereto
or their agents with respect to this transaction are merged in this Agreement, which alone
expresses the parties' rights and obligations. No other prior agreements or understandings not
contained or incorporated herein shall be binding or valid against either of the parties hereto.
8.7 Modification. Any amendments or modifications to this Agreement must be in
writing and executed by both parties to this Agreement.
8.8 Waivers. No delay or omission by either party hereto in exercising any right or
power accruing upon the compliance or failure of performance by the other party hereto under
the provisions of this Agreement shall impair any such right or power or be construed to be a
waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions
or agreements hereof to be performed by the party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions thereof.
8.9 Interpretation; Governing, Law; Forum. This Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. Title and captions are for
convenience only and shall not constitute a portion of this Agreement. As used in this
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
• deemed to include the others wherever and whenever the context so dictates. This Agreement
shall be construed in accordance with the internal laws of the State of California in effect at the
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time of the execution of this Agreement without regard to conflict of law principles. Venue and •
jurisdiction of any action arising out of this Agreement shall exclusively be in any state or
federal court sitting in the County of Orange, State of California.
8.10 Severability. If any term, provision, condition or covenant of this Agreement or
the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
8.11 Authority to Execute. Each individual executing this Agreement on behalf of a
party hereto warrants that (i) such party is duly organized and existing, (ii) he or she is duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other agreement to which said
party is bound.
8.12 Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original or the same counterpart.
[signature page follows]
•
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• IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement as of
the day and year first above written.
L�
11
"OPTIONOR"
THE IRVINE COMPANY LLC, a Delaware
limited liability company
By:
Its:
By:
Its:
"CITY"
CITY OF NEWPORT BEACH,
a California municipal corporation
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "1" TO OPTION AGREEMENT •
LEGAL DESCRIPTION OF LEGAL LOT INCLUDED WITHIN PARCEL
[to be inserted]
•
•
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EXHIBIT "2" TO OPTION AGREEMENT
• SITE MAP
•
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[Attached]
EXHIBIT "3" TO OPTION AGREEMENT
MEMORANDUM OF OPTION AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Clerk
(Space Above For Recorder's Use)
Exempt from the payment of a recording fee pursuant to
Government Code Section 27383.
MEMORANDUM OF OPTION AGREEMENT
•
By this MEMORANDUM OF OPTION AGREEMENT ( "Memorandum ") entered into
as of the _ day of , 2008, THE IRVINE COMPANY LLC, a Delaware limited •
liability company ( "Optionor "), and the CITY OF NEWPORT BEACH, a California municipal
corporation ( "City "), the parties hereby agree as follows:
1. Optionor has granted to City an option (the "Option ") to acquire, that real
property located in the City of Newport Beach, County of Orange, State of California, more
particularly described in the legal description attached hereto as Exhibit "A" ( "Property "), in
accordance with and subject to the terms and conditions set forth in that certain unrecorded
Option Agreement dated December _, 2007 ( "Option Agreement "). The terms and
provisions of the Option Agreement are incorporated herein by this reference as if fully set forth
below. Capitalized terms utilized in this Memorandum which are not expressly defined herein
shall have the meaning given to them in the Option Agreement.
2. The Option to purchase shall terminate, to the extent not exercised, on the date
set forth in the aforesaid Option Agreement and shall otherwise be subject to the terms and
conditions contained therein. In any event, this Memorandum shall terminate no later than
3. This Memorandum is intended only to memorialize the existence of the Option
Agreement and does not constitute an amendment or modification thereof In the event of any
inconsistency between this Memorandum and the terms and conditions set forth in the Option
Agreement, the Option Agreement shall prevail and control.
(signature page follows] •
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• IN WITNESS WHEREOF, Optionor and City have entered into this Agreement as of the
date set forth above.
LJ
•
"OPTIONOR"
THE IRVINE COMPANY LLC, a Delaware
limited liability company
By:
Its:
By:
Its:
"CITY"
CITY OF NEWPORT BEACH,
a California municipal corporation
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, Notary Public,
personally appeared
personally known to me (or 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
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, Notary Public,
personally appeared
personally known to me (or 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
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
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•
F— -I
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STATE OF CALIFORNIA
• )
ss.
COUNTY OF ORANGE )
On before me, Notary Public,
•
•
personally appeared
personally known to me (or 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
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
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EXHIBrr "A" TO MEMORANDUM •
LEGAL DESCRIPTION OF PROPERTY
That certain real property located in the City of Newport Beach, County of Orange, State
of California, described as follows:
[to be inserted]
•
C�
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EXHIBIT "4" TO OPTION AGREEMENT
is AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY AND ESCROW INSTRUCTIONS
Escrow No.
Date of Opening of Escrow:
To: First American Title Company ( "Escrow Holder ")
2 First American Way
Santa Ana, CA 92707
Attention: Escrow Officer
Telephone:
This AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
ESCROW INSTRUCTIONS ( "Agreement ") is made this day of
by and between THE IRVINE COMPANY LLC, a Delaware limited liability company
( "Seller"), and the CITY OF NEWPORT BEACH, a California municipal corporation ( "Buyer").
RECITALS:
A. Seller is the owner of that certain real property comprised of approximately
53,000 square feet of land area, located in the City of Newport Beach, County of Orange, State
• of California, more particularly described in Exhibit "A" attached hereto ( "Property ").
B. Seller and Buyer previously executed that certain Option Agreement dated
December _, 2007. All of the terms, conditions, provisions and covenants of the Option
Agreement are incorporated in this Agreement by reference as though written out at length
herein and the Option Agreement and this Agreement shall be deemed to constitute a single
instrument or document. Capitalized terms used herein and not otherwise defined shall have the
same meaning as set forth in the Option Agreement.
C. By its execution of this Agreement, Buyer has exercised its option to purchase the
Property.
NOW, THEREFORE, the parties hereto agree as follows:
1. Purchase and Sale of Property. Subject to all of the terms, conditions, and
provisions of this Agreement, and for the consideration herein set forth, Seller agrees to convey
the Property to Buyer and Buyer agrees to purchase the Property from Seller.
2. Purchase Price.
2.1 Amount of Purchase Price. The purchase price which Seller agrees to
accept and Buyer agrees to pay for the Property is , and shall not be
subject to any escalation or increase for any reason. The Purchase Price is all- inclusive of
• Seller's interest in the Property and the rights and obligations which exist or may arise out of the
acquisition of the Property, as more fully explained in Section 6 of this Agreement.
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2.2 Payment of Purchase Price. On the Closing Date, Buyer shall deposit with •
Escrow Holder in "good funds" payable to Seller a sum equal to the Purchase Price. The term
"good funds" shall mean a wire transfer of funds, cashier's or certified check drawn on or issued
by the offices of a financial institution located in the State of California, or cash.
3. Escrow
3.1 Opening of Escrow; Closing Date. Pursuant to Section 1.5 of the Option
Agreement, the Escrow shall be deemed opened on the date that Buyer executed and delivered
this Agreement to Seller and that date shall be inserted on the first page of this Agreement as the
date of the Opening of Escrow. Escrow shall close on or before the date that is thirty (30) days
after the Opening of Escrow ( "Closing Date "). The terms the "Close of Escrow," and/or the
"Closing" as used herein shall mean the date Seller's Grant Deed is filed for record by the
Escrow Holder in the Office of the County Recorder of Orange County, California.
3.2 Escrow Instructions. This Agreement, together with any standard
instructions of Escrow Holder, shall constitute the joint escrow instructions of Seller and Buyer
to Escrow Holder as well as an agreement between Seller and Buyer. In the event of any conflict
between the provisions of this Agreement and Escrow Holder's standard instructions, this
Agreement shall prevail.
3.3. Deliveries by Seller. On or before 1:00 p.m. on the business day
preceding the Closing Date, Seller shall will deposit with Escrow Holder the following: (a) an
executed and acknowledged grant deed conveying fee title to the Property to Buyer in the form •
attached hereto as Exhibit `B" ( "Grant Deed "); (b) a certificate of non - foreign status and
California Franchise Tax Board Form 597, each executed by Seller and prepared by Escrow
Holder; and (c) such funds and other items and instruments, executed and acknowledged if
appropriate, as may be reasonably necessary in order for the Escrow Holder to comply with this
Agreement.
3.4 Deliveries by Buyer. On or before 1:00 p.m. on the business day
preceding the Closing Date, Buyer shall deposit with Escrow Holder the following: (a) a
Preliminary Change of Ownership Statement completed in the manner required in Orange
County; and (b) all additional funds and/or documents, executed and acknowledged (if
appropriate) which are reasonably necessary to comply with the terms of this Agreement, other
than the Purchase Price. On the Closing Date and provided Escrow Holder has received all
closing documents and is in a position to close the Escrow, Buyer shall deliver the Purchase
Price to Escrow Holder.
3.5 Closing, Recording and Disbursements. On the Closing Date, and
provided all of the conditions to closing set forth in Sections 4.1 and 4.2 of this Agreement have
been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the
following actions:
(a) Recording. Escrow Holder shall insert the Purchase Price in the
blank in Section 4.1 of the Grant Deed and thereafter cause the Grant Deed to be •
recorded in the Official Records of Orange County, California.
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• (b) Disbursement of Purchase Price. Escrow Holder shall disburse the
Purchase Price to Seller after deducting therefrom the escrow and closing costs and
prorations chargeable to Seller under Sections 3.7 and 3.8 of this Agreement.
(c) Title Policy. Escrow Holder shall deliver to Buyer the Title Policy
referred to in Section 4.2(b) of this Agreement.
(d) Delivery of Documents. Escrow Holder shall deliver to the parties
conformed copies of the Grant Deed and any other documents (or copies thereof)
deposited by the parties with Escrow Holder pursuant to this Agreement. The original of
the Grant Deed shall be returned to Buyer after recordation.
3.6 Possession. Seller shall deliver the Property to Buyer at the Close of
Escrow, free and clear of all tenancies, lessees, occupants, licensees, and all possessory rights of
any kind or nature.
3.7 Pavment of Costs. The premium for the Title Policy attributable to CLTA
standard owners coverage shall be paid by Seller. Buyer shall pay for any additional title
coverage requested by Buyer, including the difference between a CLTA standard owner's policy
and an ALTA extended owner's policy, and any endorsements required by Buyer. Seller shall
pay all documentary transfer taxes payable in connection with the recordation of the Grant Deed.
The escrow fee of Escrow Holder shall be shared equally by Seller and Buyer; provided,
however, if the Close of Escrow has not occurred by the Closing Date by reason of a default
• hereunder, the defaulting party shall bear all Escrow cancellation charges. All other costs and
expenses of Escrow not specifically allocated in this Agreement shall be allocated between
Buyer and Seller in accordance with customary practice in the county in which the Property is
located.
3.8 Real Property Taxes. Buyer is a public entity and is not required to pay
property taxes. Seller shall cause all property taxes and assessments as of Closing to be paid
when due. Seller may apply for a refund for any portion of taxes and assessments paid by Seller
and allocated to any period after the Closing Date, in accordance with the applicable provisions
of the Revenue and Taxation Code.
3.9 IRS Reporting Responsibilities. Any returns, statements or reports
required to be filed under Section 6045(e) of the Internal Revenue Code of 1986 (or any similar
reports required by state or local law) relating to the Property shall be filed by Escrow Holder.
In no event shall this Agreement be construed so as to require that such returns, reports or
statements be filed by Seller or Seller's counsel or Buyer or Buyer's counsel. Escrow Holder
shall provide evidence to Seller and Buyer of its compliance with the provisions of this Section
3.9.
4. Conditions Precedent to Close of Escrow.
4.1 Conditions to Seller's Obligations. Seller's obligations to convey the
Property and close the Escrow shall be subject to the satisfaction or written waiver by Seller of
•
each of the following conditions precedent:
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(a) Escrow Holder holds and will deliver to Seller the instruments and •
funds accruing to Seller pursuant to this Agreement; and
(c) Buyer is not in default of any term or condition of this Agreement
or the Option Agreement.
4.2 Conditions to Buyer's Obligations. Buyer's obligation to purchase the
Property and close the Escrow shall be subject to the satisfaction or written waiver by Buyer of
each of the following conditions precedent:
(a) Escrow Holder holds and will deliver to Buyer the instruments and
funds, if any, accruing to Buyer pursuant to this Agreement;
(b) First American Title Company is irrevocably committed to issue to
Buyer a CLTA standard, or at Buyer's election, an ALTA extended coverage owner's
policy of insurance, with liability in the amount of the Purchase Price, showing fee title to
the Property vested in Buyer, subject only to the Approved Title Exceptions referred to in
Section 3.2 of the Option Agreement ( "Title Policy "); and
(c) all representations and warranties made by Seller in this
Agreement and the Option Agreement are true and correct as of the Closing as thought
made at that time, and Seller is not in default of any term or condition of this Agreement
or the Option Agreement.
(d) Buyer shall have approved, subject to acquisition of the Property, •
the award of a construction contract for construction of the City Hall of the City of
Newport Beach.
4.3 Satisfaction of Conditions. Where satisfaction of any of the foregoing
conditions requires action by Seller or Buyer, each party shall use its diligent efforts, in good
faith, and at its own cost, to satisfy such condition.
4.4 Termination. In the event each of the conditions set forth in Section 4.1 is
not fulfilled on the Closing Date or waived by Seller, Seller may, at its election, terminate this
Agreement and the Escrow opened hereunder. In the event that the conditions set forth in
Section 4.2 are not fulfilled on the Closing Date or waived by Buyer, Buyer may, at its election,
terminate this Agreement and the Escrow opened hereunder. Notwithstanding the foregoing, if
Escrow is not in a position to close due to a party's failure to deposit into Escrow any documents
or funds required to close Escrow, the non - defaulting party shall have the right to terminate this
Agreement without first having given the defaulting party notice of the default and seven (7)
days to cure the default, with the understanding that it is the parties' desire that this Agreement
not terminate as a result of a technicality such as a party's inadvertent failure to timely make a
deposit into Escrow. In the event this Agreement is terminated, all documents delivered by
Seller to Buyer or Escrow Holder shall be returned immediately to Seller and all documents and
funds delivered by Buyer to Seller or Escrow Holder shall be returned immediately to Buyer.
Nothing in this Section 4.4 shall be construed as releasing any party from liability for any default
of its obligations hereunder or breach of its representations and warranties under this Agreement •
or the Option Agreement occurring prior to the termination of this Agreement and/or the Escrow.
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• 5. Property Purchased "AS -IS ". Buyer hereby confirms and acknowledges that,
except for Seller's express representations and warranties set forth in this Agreement or the
Option Agreement (or in any other agreement expressly incorporated into the Option
Agreement), it is acquiring the Property in "AS -IS," "WHERE -IS" condition, "WITH ALL
FAULTS," and without representation or warranty of any kind from Seller, as more particularly
provided for in the Option Agreement. Further, Seller shall have no liability whatsoever to
Buyer with respect to a breach of any of the representations and warranties set forth in this
Agreement or the Option Agreement if Buyer obtains actual knowledge of a fact or circumstance
the existence of which would constitute a breach of Seller's representations and warranties
hereunder prior to the Closing Date and Buyer proceeds to Closing, in which event each
representation or warranty shall be deemed automatically amended to conform with the
knowledge of Buyer as of the Closing Date, and Seller shall have no liability whatsoever for
such previously inaccurate representation or warranty. For the purposes hereof, Buyer shall be
deemed to have actual knowledge of any fact or circumstance set forth in any environmental
assessment, soils, geological, physical condition or other report received by Buyer prior to
Closing, and the representations and warranties herein contained shall be deemed automatically
modified to the extent information contained in any environmental assessment, soils, geological,
physical condition or other report received by Buyer prior to Closing is inconsistent with the
matters covered herein.
6. Relocation; Release. Seller acknowledges and agrees that a portion of the
Purchase Price represents Buyer's payment to Seller for Seller's relocation from the Property.
Buyer's payment to Seller of said amount shall constitute full and complete satisfaction of any
is obligation Buyer may have for providing relocation assistance to Seller and paying its relocation
costs required to comply with all applicable federal, state and local laws, rules and regulations
arising out of, based upon, or relating to, relocation assistance or benefits owing under
Government Code § 7260 et seq., Title 25 of the California Code of Regulations, Section 6000 et
seq., or under any other federal, state or local relocation statutes, regulations or guidelines,
including but not limited to, any such regulations or guidelines of Buyer.
Seller, for itself and for its agents, successors, assigns, and all entities related to any of
the foregoing, and on behalf of all persons claiming any interest in the Property or this
Agreement fully releases, acquits and discharges the Buyer and its officers, officials, members,
directors, employees, attorneys, accountants, other professionals, insurers, and agents, and all
entities, boards, commissions, and bodies related to any of them (all of the foregoing,
collectively, the "Released Parties "), from all rights, claims, demands, actions or causes of action
that Seller, or any of them, has or may have against the Released Parties arising out of or related
to Buyer's acquisition of the Property or the displacement of Seller from the Property, including,
but not limited to all of Seller's property rights and interests in the Property, and including but
not limited to relocation benefits and assistance, all leasehold interests and rights of tenancy or
occupancy, all improvements, all improvements pertaining to the realty, furniture, fixture, and
equipment, business goodwill, lost income (past or future), failure to locate a suitable
replacement location, lost rental income or sublease or license income, severance damages, pre-
condemnation damages, if any, economic or consequential damages, professional consultant
fees, attorney's fees and costs, expert witness fees and costs, interest , all other costs, and any
• and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or
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to be claimed, suffered or to be suffered, by Seller, and any of them, by reason of Buyer's •
acquisition of the Property or Seller's displacement from the Property.
Seller, on behalf of itself and its agents, successors, assigns, and all entities related to any
of the foregoing, and on behalf of all persons claiming any interest in the Property or this
Agreement, and as owner, principal, director, partner, shareholder, agent, or representative of
any business, enterprise, or venture, expressly waive any and all rights under Section 1542 of the
Civil Code of the State of California, or any other federal or state statutory rights or rules, or
principles of common law or equity, or those of any jurisdiction, government, or political
subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision ").
Thus, Seller and each of them, and any business, enterprise, or venture in which it is involved,
may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or
assert in any manner claims released hereunder. Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH, IF KNOWN BY
HIM, MUST HAVE MATERIALLY, AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
Seller's Initials:
In the event any occupants or lessees of the Property shall be entitled to relocation •
assistance, Seller shall have the sole and exclusive responsibility for providing relocation
assistance and paying all relocation costs required to comply with all applicable federal and state
laws, rules, and regulations. Seller shall indemnify, defend, and hold Buyer and the Buyer
harmless from and against any claims, liabilities, damages, or losses made against it by tenants or
occupants of the Property, including without limitation claims for relocation assistance and
inverse condemnation.
7. Miscellaneous.
7.1 Attorney's Fees. If either party commences an action against the other to
enforce any of the terms of this Agreement or because of the breach by either party of any of the
terms of this Agreement, the losing party shall pay to the prevailing party its expert witness fees
and its reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution
or defense of such action, including appeal of and/or enforcement of a judgment.
7.2 Notices. All notices required to be delivered under this Agreement to the
other party must be in writing and shall be effective (i) when personally delivered by the other
party or messenger or courier thereof; (ii) three (3) business days after deposit in the United
States mail, registered or certified; (iii) twenty -four (24) hours after deposit before the daily
deadline time with a reputable overnight courier or service; or (iv) upon receipt of a telecopy or
fax transmission, provided a hard copy of such transmission shall be thereafter delivered in one
of the methods described in the foregoing (i) through (iii); in each case postage fully prepaid and •
addressed to the respective parties as set forth below or to such other address and to such other
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• persons as the parties may hereafter designate by written notice to the other parties hereto.
Notices delivered after 5:00 PM on a business day shall not be deemed to have been delivered
until the following business day. As used herein, business days shall exclude weekends and state
and federal holidays. The parties' respective addresses for notices are as set forth below, (with
such addresses subject to change from time to time if a notice of change of address is delivered
in accordance with the notice provisions set forth herein:
•
To Seller: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660 -0015
Attn: General Counsel
Facsimile: (949) 760 -0896
Copy to: Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, CA 92101 -3375
Attn: Christopher W. Garrett
Facsimile: (619) 696 -7419
To Buyer: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Manager
Facsimile: f
Copy to: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Attorney
Facsimile: (949) 644 -3139
7.3 Assignment. Neither party shall, whether voluntarily, involuntarily, or by
operation of law, assign all or any part of this Agreement or any rights hereunder without the
other party's written approval, which approval may be withheld in the other party's sole and
absolute discretion, except that Buyer many assign its rights to another governmental entity
solely for financing purposes. Also, Buyer may specify a nominee to whom title will be
conveyed on the Closing Date. In connection with any assignment, any assignee shall execute
all documents reasonably necessary to assume all of the obligations imposed under this
Agreement as if the assignee were the original party to this Agreement.
7.4 Time of the Essence. Time is of the essence with respect to each of the
terms, covenants, and conditions of this Agreement.
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7.5 Binding on Heirs. Subject to the limitations set forth in Section 7.3 above,
this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the
•
respective parties hereto.
7.6 Entire Agreement. With the exception of the Development Agreement
and the Option Agreement, this Agreement contains the entire agreement of the parties hereto
with respect to the matters covered hereby, and all negotiations and agreements, statements or
promises between the parties hereto or their agents with respect to this transaction are merged in
this Agreement, which alone expresses the parties' rights and obligations. No other prior
agreements or understandings not contained or incorporated herein shall be binding or valid
against either of the parties hereto.
7.7 Modification. Any amendments or modifications to this Agreement must
be in writing and executed by both parties to this Agreement.
7.8 Waivers. No delay or omission by either party hereto in exercising any
right or power accruing upon the compliance or failure of performance by the other party hereto
under the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants,
conditions or agreements hereof to be performed by the party shall not be construed as a waiver
of any succeeding breach of the same or other covenants, agreements, restrictions or conditions
thereof
7.9 Interpretation; Governing Law; Forum. This Agreement shall be
•
construed according to its fair meaning and as if prepared by both parties hereto. Title and
captions are for convenience only and shall not constitute a portion of this Agreement. As used
in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall
each be deemed to include the others wherever and whenever the context so dictates. This
Agreement shall be construed in accordance with the internal laws of the State of California in
effect at the time of the execution of this Agreement without regard to conflict of law principles.
Venue and jurisdiction of any action arising out of this Agreement shall exclusively be in any
state or federal court sitting in the County of Orange, State of Califomia.
7.10 Severability. If any term, provision, condition or covenant of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held
invalid or unenforceable, the remainder of this instrument, or the application of such term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
7.11 No Merger. Subject to Section 4.2 of the Option Agreement, the
provisions of this Purchase Agreement and the Option Agreement shall survive the Close of
Escrow and shall not be merged with the Grant Deed.
7.12 Broker Commissions. Seller and Buyer each represent and warrant to the
other that it has not engaged any broker or finder in this transaction and that no broker or finder
is entitled to any commission or finder's fee in with this transaction as a result of its
•
connection
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LI
actions or agreement, and Seller and Buyer shall indemnify, defend and hold harmless each other
from any claim to any such commission or fee resulting from any action or agreement of or by
the indemnifying party.
7.13 Authority to Execute. Each individual executing this Agreement on behalf
of a party hereto warrants that (i) such party is duly organized and existing, (ii) he or she is duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other agreement to which said
party is bound.
7.14 Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original or the same counterpart.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase i
and Sale of Real Property and Escrow Instructions as of the date first above written.
"SELLER"
THE IRVINE COMPANY LLC, a Delaware
limited liability company
By:
Its:
By:
Its:
"BUYER"
CITY OF NEWPORT BEACH, a California
municipal corporation
By:
is
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
•
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EXHIBIT "A" TO ESCROW INSTRUCTIONS
• LEGAL DESCRIPTION OF PROPERTY
•
U
That certain real property located in the City of Newport Beach, County of Orange, State
of California, described as follows:
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[to be inserted]
EXHIBIT `B" TO ESCROW INSTRUCTIONS •
GRANT DEED
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: City Clerk
(Space Above For Recorder's Use)
The undersigned grantor(s) declare(s) that this transaction is This document is being recorded for the benefit
exempt from the payment of a documentary transfer tax of the City of Newport Beach and is exempt
pursuant to Revenue and Taxation Code Section 11922. from payment of a recordation fee pursuant to
Government Code Section 27383.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE IRVINE COMPANY LLC, a Delaware limited liability company, successor -in- interest to
The Irvine Company, a Michigan corporation ( "Grantor"), hereby grants to the CITY OF
NEWPORT BEACH, a California municipal corporation ( "Grantee "), that certain real property
located in the City of Newport Beach, County of Orange, State of California, described in the
legal description attached hereto as Exhibit "1" and incorporated herein by this reference (the .
"Property "), subject to:
(A) all exceptions of record; and
(B) reserving to Grantor, for the benefit of the owner (the "Benefited Party ") of fee
title to the real property comprised of one legal parcel described in Exhibit "2" (the "Benefited
Property"), the rights set forth in this Section (B). In the event the Benefited Party is comprised
of more than one person or entity, Grantee shall be entitled to rely on the actions and statements
of any such person or entity as binding the Benefited Party.
1. Use Restrictions. Grantee, as owner of the Property, hereby agrees for the benefit
of the Benefited Party as follows with respect to specific uses of the Property. For a period of
twenty -five (25) years following the recordation of this Deed, unless otherwise agreed by
Benefited Party: (i) the Property may not be used for any purpose other than a City Hall and
other civic uses including without limitation uses which are reasonably ancillary to, and
customary in connection with, the operation of a City Hall and are not unreasonably disruptive to
the use of the Benefited Property; (ii) the Property shall be the primary seat of government for
the City of Newport Beach and shall contain the chambers of the City Council and the primary
offices of the Mayor, the City Councilmembers and the City Manager. City will not develop or
use the Property for any other use or purpose during the twenty -five (25) year period following
the recordation of this Deed. The foregoing is a use restriction and not an operating covenant.
2. In accepting this Deed, Grantee hereby agrees to all of the rights and obligations •
described above in this Deed. The terms and conditions of Deed shall create equitable servitudes
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. upon the Property; shall bind the owners of the Property (and each person or entity having any
interest therein); and shall run with the land. The benefits provide to Grantor (and any Benefited
Party) under this Deed shall run with the land. [This provision will include the concept that
Grantor shall have a right to repurchase in the event of breach of the terms and conditions of
Deed, but that if Grantor decides not to repurchase, the use restriction preventing Grantee from
selling property is removed.]
(C) MISCELLANEOUS;
3. Attorney's Fees. If either party commences an action against the other to enforce
any of the terms of this Deed or because of the breach by either party of any of the terms of this
Deed, the losing party shall pay to the prevailing party its expert witness fees and its reasonable
attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of
such action, including appeal of and/or enforcement of a judgment.
4. Notices. All notices required to be delivered under this Deed to the other party
must be in writing and shall be effective (i) when personally delivered by the other party or
messenger or courier thereof; (ii) three (3) business days after deposit in the United States mail,
registered or certified; (iii) twenty -four (24) hours after deposit before the daily deadline time
with a reputable overnight courier or service; or (iv) upon receipt of a telecopy or fax
transmission, provided a hard copy of such transmission shall be thereafter delivered in one of
the methods described in the foregoing (i) through (iii); in each case postage fully prepaid and
addressed to the respective parties as set forth below or to such other address and to such other
. persons as the parties may hereafter designate by written notice to the other parties hereto.
Notices delivered after 5:00 PM on a business day shall not be deemed to have been delivered
until the following business day. As used herein, business days shall exclude weekends and state
and federal holidays. The parties' respective addresses for notices are as set forth below, (with
such addresses subject to change from time to time if a notice of change of address is delivered
in accordance with the notice provisions set forth herein:
To Grantor: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660 -0015
Attn: General Counsel
Facsimile: (949) 760 -0896
Copy to: Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, CA 92101 -3375
Attn: Christopher W. Garrett
Facsimile: (619) 696 -7419
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To Grantee: City of Newport Beach •
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Manager
Facsimile: ( 1
Copy to: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attn: City Attorney
Facsimile: (949) 644 -3139
5. Time of the Essence. Time is of the essence with respect to each of the terms,
covenants, and conditions of this Deed.
6. Binding on Heirs. Subject to the limitations set forth in Section 3 above, this Deed
shall be binding upon and inure to the benefit of the successors and assigns of the respective
parties hereto.
7. Entire Agreement. With the exception of the Development Agreement, the Option
Agreement, and the Agreement for Purchase and Sale of Real Property and Escrow Instructions •
between Grantor and Grantee dated this Deed contains the entire agreement of
the parties hereto with respect to the matters covered hereby. No other prior agreements or
understandings not contained or incorporated herein shall be binding or valid against either of the
parties hereto with respect to the subject matter set forth herein.
8. Modification. Any amendments or modifications to this Deed must be in writing
and executed by both Grantee and Benefited Party.
9. Waivers. No delay or omission by either party hereto in exercising any right or
power accruing upon the compliance or failure of performance by the other party hereto under
the provisions of this Deed shall impair any such right or power or be construed to be a waiver
thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or
agreements hereof to be performed by the party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions thereof.
10. Interpretation, Governing Law; Forum. This Deed shall be construed according to
its fair meaning and as if prepared by both parties hereto. Title and captions are for convenience
only and shall not constitute a portion of this Deed. As used in this Deed, masculine, feminine or
neuter gender and the singular or plural number shall each be deemed to include the others
wherever and whenever the context so dictates. This Deed shall be construed in accordance with
the internal laws of the State of California in effect at the time of the execution of this Deed
without regard to conflict of law principles. Venue and jurisdiction of any action arising out of •
this Deed shall exclusively be in any state or federal court sitting in the County of Orange, State
of California.
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• 11. Severability. If any term, provision, condition or covenant of this Deed or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Deed shall be valid and enforceable to the fullest extent permitted by law.
is
•
12. Authority to Execute. Each individual executing this Deed on behalf of a party
hereto warrants that (i) such party is duly organized and existing, (ii) he or she is duly authorized
to execute and deliver this Deed on behalf of said party, (iii) by so executing this Deed, such
party is formally bound to the provisions of this Deed, and (iv) the entering into this Deed does
not violate any provision of any other agreement to which said party is bound.
13. Execution in Counterpart. This Deed may be executed in several counterparts, and
all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that
all parties are not signatories to the original or the same counterpart.
Dated THE IRVINE COMPANY LLC, a Delaware
limited liability company
LE
UR
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STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On , before me, , Notary Public,
personally appeared
personally known to me (or 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
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On before me, Notary Public,
personally appeared
personally known to me (or 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
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
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is
is
is
• CERTIFICATE OF ACCEPTANCE
This to certify that the interest in real property conveyed by the foregoing Grant Deed, from The
Irvine Company LLC to the City of Newport Beach is hereby accepted by the undersigned
officer of the City of Newport Beach, on behalf of the City of Newport Beach, pursuant to
authority conferred by Resolution No. of the City Council of the City of Newport Beach
adopted on and the grantee consents to the recordation thereof by its undersigned
duly authorized officer.
•
r1
U
CITY OF NEWPORT BEACH, a California
municipal corporation
M
Dated:
ATTEST:
City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On before me, , Notary Public,
personally appeared , personally known to me (or 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 signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
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EXHIBIT "1" TO GRANT DEED •
LEGAL DESCRH'TION OF PROPERTY
That certain real property located in the City of Newport Beach, County of Orange, State
of California legally described as follows:
[to be inserted]
•
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•
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EXHIBIT 17
Cl
NORTH NEWPORT CENTER
PLANNED COMMUNITY
AFFORDABLE HOUSING
IMPLEMENTATION PLAN
Prepared For:
The City of Newport Beach
November 2007
Contents
I.
Executive Summary ........................................................................................ ..............................1
Background.................................................................................................... ............................... l
H.
Affordable Housing Plan ................................................................................ ..............................3
ProposedPlan ................................................................................................. ..............................3
Timing............................................... ............................... I ............................ ............................... 3
Number of Affordable Units/Income Levels .................................................. ..............................5
Conclusion...................................................................................................... ..............................5
III.
Consistency with Housing Element ................................................................ ..............................6
IV.
Amendments to the AMP ............................................................................... ..............................7
V.
Authority ......................................................................................................... ..............................7
Figures
Exhibit 1 - North Newport Center Planned Community .. ...............................
Exhibit 2 - Child Time Center and The Bays Apartment Complex Locations
North Newport Center Planned Community i
Affordable Housing Implementation Plan
2
4
I. Executive Summary
The North Newport Center Planned Community (Planned Community) approval by the City of
Newport Beach includes a Planned Community Development Plan that implements the goals and
policies of the City's General Plan. The Planned Community, as shown on Exhibit 1, consists of four
sub -areas within North Newport Center, a regional center comprised of major retail, professional
office, entertainment, recreation, hotel and residential development.
Block 500, Block 600 and San Joaquin Plaza are designated in the General Plan as MU -H3, a
designation which allows for a mixed -use area combining commercial, office, entertainment and
residential uses. The Planned Community Development Plan for North Newport Center allows
construction of 430 residential units in these blocks, and affordable housing units must be provided
in accordance with City Housing Element. This Affordable Housing Implementation Plan (AHIP)
outlines how the required affordable housing will be provided.
Background
The City's Housing Element includes a goal that 15% of all new housing units in the City be
affordable to very low, low and moderate income households. The Housing Element identifies
moderate income households as those with annual incomes between 80% and 120% of the county
median household income. Low income households are those with annual incomes between 51% and
80% of the county median household income. Very low income households are those with annual
incomes of 50% or less of the County median household income. Projects with more than 50 units
are required to prepare an AHIP that specifies how the development will meet the City's affordable
housing goal.
The Southern California Association of Governments (SCAG) prepares the state - mandated Regional
Housing Needs Assessment (RHNA). The RHNA quantifies the need for housing within each
jurisdiction during specified planning periods. The City's General Plan Housing Element must
include its "fair share" regional housing needs allocation for all income groups which must be
updated periodically. The most recently published SCAG RHNA identifies the City allocation as
follows:
• Total allocation between 1/1/06 and 6/30/14 —1,784
• Very low income allocation — 22% (392 units)
• Low income allocation —18% (321 units)
• Moderate income allocation — 20.3% (362 units)
North Newport Center Planned Community
Affordable Housing Implementation Plan
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II. Affordable Housing Plan
Proposed Plan
The City's General Plan Housing Element allows for sale or for rent options in order to meet the
obligation for affordable housing units. In addition, affordable housing may be provided off -site,
with City approval. Consistent with these Housing Element provisions, this Affordable Housing
Implementation Plan includes the following options. Locations of the sites are included on Exhibit 2.
A. New Construction
The Irvine Company is the owner of a 0.75 -acre parcel of land located at the former Child Time
Center near the intersection of San Joaquin Hills Road and San Miguel Avenue. The site is in a
residential area and could accommodate up to 14 two- or three - bedroom multi - family units with a
density bonus for affordable housing. The Irvine Company may construct 14 housing units on this
site to be offered for sale or for rent. If this option is selected, The Irvine Company will record a
legal deed restriction on the property which insures the units will meet the affordability requirements
for a period of at least 30 years.
The annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty
percent (30 %) of the amount of Very Low, Low or Moderate Income. The sales price of affordable
for sale units shall not exceed three times the income limits.
B. Covenants on Existing Units
The Irvine Company owns The Bays, an apartment complex consisting of three buildings known as
Baywood, Bayview and Bayport, which is shown on Exhibit 2. Rental costs for the required number
of affordable housing units located in The Bays complex and income limits of tenants will be
restricted for a period of 30 years with a recorded document. The Irvine Company will determine
which apartments are best suited to meet the obligation. The City will inspect the apartments to
ensure compliance with relevant codes, proper maintenance and adequate common areas for any
rental units designated to meet the affordable housing requirement. The Irvine Company will agree to
make improvements, if necessary, to ensure viable housing for the 30 year period.
The annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty
percent (30 %) of the Very Low, Low or Moderate Income limits.
Timing
The affordable housing units required under this AHIP will be provided incrementally. The
affordable units shall be phased as follows:
Certificate of use and occupancy for 100' market rate unit / one -third of required units
Certificate of use and occupancy for 200th market rate unit / one -third of required units
Certificate of use and occupancy for 300' market rate unit / one -third of required units
North Newport Center Planned Community
Affordable Housing Implementation Plan
Exhibit 2 - Child Time Center and The Bays Apartment Complex Locations
North Newport Center Planned Community
Affordable Housing Implementation Plan
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The Bays Apartment Complex
Child Time Center
Exhibit 2 - Child Time Center and The Bays Apartment Complex Locations
North Newport Center Planned Community
Affordable Housing Implementation Plan
Number of Affordable Units /Income Levels
The requirement for affordable housing shall be based on income categories. The Irvine Company
will provide either very low, low or moderate income housing, or a combination of income
categories, using the percentages shown in the table below.
INCOME CATEGORY
PERCENTAGE REQURED
TOTAL AMOUNT
Very Low
10%
43 units
Low
15%
65 units
Moderate
20%
86 units
Implementation
Affordable housing agreements shall be executed and recorded at each phase identified above for any
units constructed on the Child Time site and for designated affordable units in The Bays apartment
complex prior to the point where a certificate of use and occupancy is issued for the related market
rate units. In order to meet the minimum eligibility requirements, the units must be rented to
households qualifying as very low, low or moderate income households. In addition, the City will
have the ability to inspect the designated Bays apartrnents. Such inspection shall be focused on
ensuring compliance with relevant codes, proper maintenance and the provision of adequate common
areas for any existing rental units designated to meet the affordable housing requirement. The Irvine
Company shall cooperate with the City and its agents in monitoring the units for compliance as
outlined herein.
Conclusion
Implementation of this AHIP will result in the availability of affordable housing units as identified
above within the City of Newport Beach in accordance with the City's Housing Element.
North Newport Center Planned Community
Affordable Housing Implementation Plan
M. Consistency with Housing Element
The City of Newport Beach adopted a General Plan in 2006. A Housing Element was included in the
General Plan in accordance with State law. The Housing Element identifies goals and programs for
the provision of affordable housing in the City. The AHIP is intended to meet the specific goals of
the Housing Element as follows:
Policy H2.1 Encourage preservation of existing and provision of new housing affordable to very
low, low and moderate income households.
Program
2.1.2 Take all feasible actions, through use of development agreements, expedited
development review and expedited processing of grading, building and other
development permits, to ensure expedient construction and occupancy for projects
approved with low and moderate income housing requirements.
The AHIP supports the City's requirement for the provision of affordable housing for all new
development with more than 50 residential units. The Irvine Company has prepared a Development
Agreement in accordance with this Policy/Program.
Policy H2.2 Encourage the housing development industry to respond to housing needs of the
community and to the demand for housing as perceived by the industry, with the
intent of achieving the Regional Housing Needs Assessment construction goals within
five years.
Program
2.2.1 Require a proportion of affordable housing in new residential developments or levy
an in -lieu fee. The City's goal over the five-year planning period is for an average of
15 percent of all new housing units to be affordable to very low, low and moderate -
income households. The City shall either (a) require the payment of an in -lieu fee, or
(b) require the preparation of an Affordable Housing Implementation Plan (AHIP)
that specifies how the development will meet the City's affordable housing goal,
depending on the following criteria for project size:
1. Projects of 50 or fewer units shall have the option of preparing an AHIP or paying
the in -lieu fee.
2. Projects where more than 50 units are proposed shall be required to prepare an
AHIP.
Implementation of this program will occur in conjunction with City approval of any
residential discretionary permits or Tentative Tract Maps. To insure compliance with
the 15 percent affordability requirements, the City will include conditions in the
approval of discretionary permits and Tentative Tract Maps to require on -going
monitoring of those projects.
Program
2.2.4 All required affordable units shall have restrictions to maintain their affordability for
a minimum of 30 years.
As described in Section H, the affordable housing provided per the AHIP will meet the Housing
Element requirement for the total affordable units required. The units will be deed restricted to
North Newport Center Planned Community
Affordable Housing Implementation Plan
remain affordable for a period of 30 years. In addition, the developer will provide periodic reports in
the form required by the City. The provision of the affordable housing units will assist the City in
meeting the RHNA construction goals.
In conclusion, the AHIP is consistent with the relevant goals and programs in the City's 2006
General Plan Housing Element.
IV. Amendments to the AHIP
This AHIP may be amended with the approval of the City Council. No modification of the General
Plan requirement for affordable units is allowed, unless the requirement is reduced through an
amendment to the General Plan prior to implementation of development.
V. Authority
The AHIP has been adopted by the City of Newport Beach per Resolution No.
day of , 200_ .
North Newport Center Planned Community
Affordable Housing Implementation Plan
on the