HomeMy WebLinkAbout2021-93 - Approving Tentative Tract Map No. NT2020-001 for the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-020)RESOLUTION NO. 2021-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. NT2020-001 FOR THE
RESIDENCES AT NEWPORT CENTER LOCATED AT
150 NEWPORT CENTER DRIVE (PA2020-020)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Newport Center Anacapa Associates, LLC
("Applicant"), with respect to property located at 150 Newport Center Drive and legally
described in Exhibit 'A," which is attached hereto and incorporated herein by reference
("Property");
WHEREAS, the Project includes the demolition of an existing 2,085 -square -foot car
wash, convenience market, and gas station and the construction of a four-story structure
consisting of 28 condominium units and common space amenity areas over a two-level
below -grade parking garage ("Project") which require the following approvals from the City:
• General Plan Amendment No. GP2020-001 —to change the Property's land use
designation from Regional Commercial Office (CO -R) to Multiple Residential
(RM) and create a new Anomaly Location for the Property that authorizes a
maximum development density of 28 dwelling units;
• Zoning Code Amendment No. CA2020-008 — to change the Property's zoning
designation from Office Regional (OR) to Planned Community (PC) District;
• Planned Community Development Plan No. PC2020-001 - to establish land
uses and development standards for the Property including a waiver of the
minimum site area;
• Major Site Development Review No. SD2020-001 —to allow for the development
of a four-story structure containing 28 luxury condominium units and common
space areas over a two-level below -grade parking garage;
Resolution No. 2021-93
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• Tentative Tract Map No. NT2020-001 — to establish a 28 -unit residential
condominium subdivision map on the 1.26 -acre Property that would allow each
unit to be sold individually;
• Development Agreement No. DA2020-001 — to provide the Applicant with the
vested right to develop the Project subject to the rules and regulations in effect at
the time of Project approval and to provide the City with assurance that certain
obligations of the Applicant will be met, including public benefit fees;
• Environmental Impact Report No. ER2021-002 - to disclose reasonably
foreseeable environmental impacts resulting from the legislative and project
specific discretionary approvals, the City has determined that an Initial Study and
Environmental Impact Report ("EIR") are warranted for this project pursuant to
California Public Resources Code Section 23000 et seq. ("CEQA"), Title 14,
Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"),
and City Council Policy K-3; and
• Rescind Use Permit No. UP1461 — rescind use permit since the Project will
replace the operation of the existing car wash;
WHEREAS, the Property is designated Regional Commercial Office (CO -R) by the
City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the Office Regional (OR) Zoning District;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, a study session was held on May 6, 2021, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning
Commission and discuss the procedures for environmental review;
WHEREAS, the Planning Commission held a public hearing on August 19, 2021
in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 15.45 (Development
Agreements), 19.12 (Tentative Map Review), 20.56 (Planned Community District
Procedures), and 20.62 (Public Hearings) of the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
Resolution No. 2021-93
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WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-024 by a unanimous vote (7 ayes, 0 nays) recommending the City Council
approve the Project; and
WHEREAS, the City Council held a public hearing on September 28, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with the Ralph M. Brown Act
and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.56
(Planned Community District Procedures), and 20.62 (Public Hearings) of the Newport
Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve Tentative Tract Map No.
NT2020-001, which is attached hereto as Exhibit "B," subject to the conditions of approval
set forth in Exhibit "C." Both exhibits are incorporated herein by reference.
In accordance with NBMC Section 19.12.070 (Required Findings for Action on
Tentative Maps), approval of Tentative Tract Map No. NT2020-001 is supported by the
findings and facts set forth below.
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
1. Upon approval of General Plan Amendment No. GP2020-001 and Zoning Code
Amendment No. CA2020-008, the Project will be consistent with the General Plan
Resolution No. 2021-93
Page 4 of 11
and Zoning designations. Therefore, approval of Tentative Tract Map No. NT2020-
001 is contingent upon approval of the aforementioned amendments.
2. Tentative Tract Map No. NT2020-001 provides a cohesive development with a
pattern of dwelling unit orientations and vehicle circulation that provides a
pedestrian -friendly environment with strong connectivity to adjacent commercial
and office areas.
3. The Public Works Department has reviewed the proposed tentative map and found
it consistent with Title 19 (Subdivisions) of the NBMC and applicable requirements
of the Subdivision Map Act as set forth in California Government Code Section
66410 et seq.
4. Conditions of approval have been included to ensure compliance with Title 19
(Subdivisions) of the NBMC.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property has a gentle sloping condition and the building design
accommodates this slope with a podium wall at the south and west edge and larger
building setbacks above the podium. The Property is not located in a flood zone.
The geotechnical feasibility study and geotechnical report will provide additional
recommendations for construction of the Project to ensure the suitability for the
proposed development that will be required for construction prior to the issuance
of building permits.
2. The 1.26 -acre site is large enough to accommodate 28 units while providing
sufficient landscape setbacks, open space areas, as well as vehicle access and
guest parking areas that meet applicable standards. The existing developed site is
devoid of natural resources and it is located in an area that provides adequate
access to roadways and utilities.
3. The General Plan estimates that future traffic noise exposure will be 65 dB CNEL
to the nearest residential facades on Newport Center Drive and identifies that
residential uses are normally compatible or compatible with noise insulation
Resolution No. 2021-93
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features included in the design. With appropriate noise control measures under
conventional construction and design of the Project (e.g., closed windows, fresh
air supply systems or air conditioning), the interior noise levels comply with the City
and State interior noise standard of 45 dB CNEL for residential units.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision-making
body may nevertheless approve such a subdivision if an environmental impact report
was prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
Facts in Support of Finding:
1. Environmental Impact Report No. ER2021-002 (SCH No. 2020110087) was
prepared for the Project. On the basis of the entire environmental review record,
the Project will have a less than significant impact upon the environment with the
incorporation of mitigation measures for biological resources, cultural resources,
geology and soils, and tribal cultural resources. The mitigation measures identified
in the Draft Environmental Impact Report ("DEIR") are feasible and reduce
potential environmental impacts to a less than significant level. The mitigation
measures are applicable to the project through the Mitigation Monitoring and
Reporting Program ("MMRP").
2. Under existing conditions, the Property and surrounding land areas are fully
developed with urban uses and do not contain sensitive biological resources. The
vegetation that occurs on-site is ornamental in nature, including trees and
ornamental shrubs, groundcover, and vines growing on the existing building's
facades and screen walls. A Mitigation Measure is provided in the MMRP to ensure
adequate protection of nesting birds during the construction process.
3. No drainages traverse the Property and no potential jurisdictional waters or
wetlands areas are present on or immediately adjacent to the Property.
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Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. At full build -out, air quality and Green House Gas ("GHG") emissions associated
with construction of the Project will be less than significant, as documented in the
DEIR.
2. Mitigation measures identified in the DEIR reduce potential impacts associated
with biological resources, cultural resources, geology and soils, and tribal cultural
resources to a level that is less than significant.
3. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
4. Through the building permit process, all plans for construction of the Project will
be reviewed and approved in compliance with Building, Public Works, and Fire
Codes. Public improvements will be required of the developer per NBMC Section
19.28.010 and Sections 66410 et seq. of the California Government Code
("Subdivision Map Act"). All ordinances of the City and all conditions of approval
will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision-making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones
previously acquired by the public. This finding shall apply only to easements of
record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to the City Council to determine that
the public at large has acquired easements for access through or use of property
within a subdivision.
Resolution No. 2021-93
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Facts in Support of Finding:
1. Public improvements, consisting of the reconstruction of the curb, gutter, and
sidewalks, two new driveways along the Anacapa Drive frontage, and street trees
along Anacapa Drive will be required of the applicant per Title 19 (Subdivisions)
and the Subdivision Map Act. A common sewer and water connection will be
provided for the Project as approved by the Public Works Department that will
connect to an existing main in Anacapa Drive.
2. Tentative Tract Map No. NT2020-001, once constructed, will reduce the width of
the existing 18 -foot -wide private walkway easement at the south edge of the site
to 10 feet in width to accommodate the location of new structures as part of the
development. Pedestrian access would continue to be provided via a sidewalk
along the front of the parking structure within the private easement. The design of
the development will not conflict with any easements acquired by the public at large
for access through or use of property within the proposed development.
3. Tentative Tract Map No. NT2020-001 will maintain the existing 3 -foot -wide public
sidewalk easement at the east edge of the site along Anacapa Drive. An
encroachment permit and agreement shall be required for the proposed low stone
signage wall located within the sidewalk easement. The Project includes the
reconstruction of the existing 6 foot wide sidewalk.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map
Act, if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Fact in Support of Finding:
The Property does not contain prime farmland, unique farmland, or farmland of statewide
importance and no portion of the Property is covered by a Williamson Act contract.
Resolution No. 2021-93
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Findinq:
G. That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area
to be included within the land project; and (b) the decision-making body finds that
the proposed land project is consistent with the specific plan for the area.
Fact in Support of Finding:
California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Property is not considered a "land project" as previously
defined in Section 11000.5 of the California Business and Professions Code because the
Property does not contain 50 or more parcels of land nor is it located within the boundaries
of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 664 73. 1 and 66475.3 of the Subdivision Map
Act.
Fact in Support of Finding:
Tentative Tract Map No. NT2020-001 and improvements are subject to Title 24 of the
California Code of Regulations, referred to as the California Building Code or CBC, which
requires new construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Community Development
Department ensures compliance with the CBC through the plan check and inspection
process.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act
and Section 65584 of the California Government Code regarding the City's share
of the regional housing need and that it balances the housing needs of the region
against the public service needs of the City's residents and available fiscal and
environmental resources.
Resolution No. 2021-93
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Fact in Support of Finding:
The Property is improved with commercial uses, and there are no residential units on the
Property. The Project includes the construction of 28 new condominium units to contribute
to the City's housing needs, and 28 units above what is planned for within the General
Plan. The Applicant will be responsible for the payment of appropriate fair share traffic
fees, San Joaquin Transportation Corridor fees, in -lieu park fees, and development
agreement fees for the construction of these new dwelling units as conditions of approval.
Public benefits provided through the development agreement include the payment of
$1,875,000 for any public purpose that the City determines to be in the public interest;
$325,000 for affordable housing; $150,000 to fund services for those experiencing
homelessness; and $150,000 to fund public safety
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board.
Facts in Support of Finding:
1. A National Pollutant Discharge Elimination System ("NPDES") permit is required
from the Regional Water Quality Control Board ("RWQCB") for the proposed
construction activities. A permit is required for all construction activities that include
clearing, grading, and/or excavation that disturb at least 1 acre of total land area.
Additionally, a Preliminary Water Quality Management Plan ("WQMP") has been
prepared, pursuant to the requirements of the NPDES permit.
2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality
Control Program involves the preparation and implementation of a stormwater
pollution prevention plan ("SWPPP") for construction -related activities, which
would specify the Best Management Practices ("BMP") that the Project would be
required to implement during construction activities to ensure that all potential
pollutants of concern (including sediment) are prevented, minimized, and/or
otherwise appropriately treated prior to being discharged from the Property.
3. Sewer connections will be installed per City Standards, the applicable provisions
of NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of
the Uniform Plumbing Code.
Resolution No. 2021-93
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4. There is adequate sewer system capacity to serve the requirements of the Project.
The Project is able to tie into the existing sewer system without adversely affecting
the system, causing any water quality affects, or violating existing requirements
prescribed by the Regional Water Quality Control Board. Wastewater from the
Project will be generated by the residential users. There will be a reduction in
wastewater from the Property with the demolition of the existing car wash and
construction of the proposed dwelling units.
5. NBMC Section 14.24.020 (Dwelling Unit and Business Structure Sewer
Connection Required) requires each dwelling unit to maintain individual water
meter and sewer connections. The Project has received a waiver of this
requirement from the Utilities Director since the units are located in one (1) building
and will together connect to the existing water and sewer systems.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with
public access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
The Property is not located within the Coastal Zone.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2021-93
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Section 5: The Residences at Newport Center Final Environmental Impact Report
(SCH No. 2020110087) was prepared for the project in compliance with CEQA, the State
CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2021-90, the City
Council, having final approval authority over the project, adopted and certified as
complete and adequate the Residences at Newport Center Final Environmental Impact
Report (SCH No. 2020110087) and adopted "Mitigation Monitoring and Reporting
Program." Resolution No. 2021-90, including all findings contained therein, is hereby
incorporated by reference.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of September, 2021.
ATTEST:
.Wad
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFI E
Aaron C. Harp
City Attorney
Brad Av
Mayor
Attachment(s): Exhibit A — Legal Description
Exhibit B — Tentative Tract Map No. NT2020-001
Exhibit C — Conditions of Approval
EXHIBIT "A"
LEGAL DESCRIPTION
The property is legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No.
282) being a portion of Block 93 of Irvine's subdivision as per map recorded in Book 1,
Page 88 of Miscellaneous Record Maps, records of Orange County, California.
EXHIBIT "B"
TENTATIVE TRACT MAP NO. NT2020-001
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EXHIBIT "C"
CONDITIONS OF APPROVAL
(Project specific conditions are in italics)
Prior to recordation of the Tract Map the draft CC&R's shall be provided to the
City's Planning Division for review and approval.
2. Prior to recordation of the Tract Map, park fees shall be paid for the 28 new dwelling
units in accordance with City Council Resolution No. 2020-95.
3. A Tract Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer
preparing the Map shall submit to the County Surveyor and the City of Newport
Beach a digital -graphic file of said map in a manner described in Section 7-9-330
and 7-9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned
images will not be accepted.
4. Prior to recordation of the tract map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. Monuments (one -inch iron pipe with tag) shall be set On Each Lot
Corner unless otherwise approved by the Subdivision Engineer. Monuments shall
be protected in place if installed prior to completion of construction project.
5. Prior to the final tract map approval a subdivision agreement and bonds (labor and
material, performance and warranty) in the form and amount acceptable to the
Director of Public Works for the estimated improvement costs as prepared by a
Registered Civil Engineer shall be approved by the Director of Public Works.
6. The proposed driveways on Anacapa Drive shall be installed per City Standard STD -
160.
7. Driveway, garage ramp slopes and parking garage shall comply with City Standard
STD -167-8, STD -805.
8. Prior to the issuance of building permits a final parking management and site
circulation plan for review and approval of the City Traffic Engineer and Community
Development Director. The narrative shall document the operation of the drop-off
area, parking area, gates, loading area and valet (if proposed).
9. Prior to the issuance of building permits, a final construction management plan shall
be reviewed and approved by the City Traffic Engineer and Community
Development Director.
10. Applicant shall reconstruct damaged/broken curb, gutter and sidewalk along the
Newport Center Drive and Anacapa Drive frontages. Extent to be determined by the
Public Works Director at the time of inspection.
11. Anacapa Drive is on the City's street -cut moratorium list. Trenching/damage to said
street as a part of this development will require extensive street repair work per City
Standard.
12. A comer -cut off at the comer of Anacapa Drive and the project driveway for sidewalk
purposes shall be dedicated to the City as depicted on the tentative tract map.
13. An encroachment permit and encroachment agreement shall be executed for the
proposed low stone signage wall located within the 3 -foot -wide pedestrian easement
along the Anacapa Drive frontage. The proposed low stone signage wall shall be
limited to 3 feet in height maximum measured from the adjacent sidewalk grade.
14. Prior to the issuance of building permits, the median design, stop sign installations,
and storm drain improvements on the Gateway Plaza entry at the southerly project
driveway shall be reviewed and approved by The Irvine Company and the City.
15. The proposed removal of the existing City street trees and proposed installation of
new City street trees shall be subject to review and approval of the City Arborist,
including species and location.
16. After construction of the project is complete, the maximum size moving truck/delivery
vehicle that the site can accommodate is a 30 -foot single unit truck. Trucks longer
than 30 feet shall be prohibited from using the Loading/Receiving area.
17. Prior to the issuance of building permits a final utilities plan shall be submitted and
approved by the Utilities Department.
18. Should reclaimed water infrastructure be constructed along Newport Center Drive,
the site's existing potable irrigation system shall be converted and connected to
reclaimed water infrastructure within one year of its availability.
19. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
20. The applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use may be cause for revocation of this
approval.
2
21. This approval shall expire and become void unless exercised within 24 months from
the actual date of review authority approval, except as determined by the Development
Agreement or where an extension of time is approved in compliance with the provisions
of Title 20 Planning and Zoning of the Newport Beach Municipal Code.
3
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-93 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of September, 2021.
t
Leilani I. Brown
City Clerk
Newport Beach, California