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HomeMy WebLinkAbout2.0_First Amendment to Newport Beach Tennis Club Development Agreement_PA2022-038CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 26, 2022 Agenda Item No. 2 SUBJECT: First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038)  Development Agreement No. DA2022-001 SITE LOCATION: 1602 East Coast Highway APPLICANT: Dba NBCC L& I PLANNER: Rosalinh Ung, Principal Planner 949-644-3208, rung@newportbeachca.gov PROJECT SUMMARY A request to extend the term of the Newport Beach Tennis Club Development Agreement (Agreement) for an additional ten (10) years to ensure the orderly redevelopment of the Newport Beach Tennis Club site over time with a replacement tennis facility, visitor accommodations, and five single-family homes (Approved Project). Staff is recommending one (1)-year extension to allow additional time for staff to evaluate a separate application requested by the applicant to modify the Approved Project. State law and the Newport Beach Municipal Code (NBMC) require Planning Commission consideration of a development agreement or an amendment to a development agreement. This item was continued from the May 12, 2022 Planning Commission meeting. The Planning Commission did not hear and take no public testimony on this item. RECOMMENDATION 1) Conduct a public hearing; 2) Find all significant environmental concerns for the Approved Project have been addressed in a previously approved Mitigated Negative Declaration No. ND2010-008 (SCH 2010091052) and an Errata to Mitigated Negative Declaration No. ND2010- 008 (together referred as “MND”), and that the City of Newport Beach intends to use said document for the proposed First Amendment to Agreement, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with the First Amendment to Agreement; and 3) Adopt Resolution No. PC2022-008 recommending approval to the City Council of First Amendment to Development Agreement (DA2022-001), to extend the term of the Development Agreement by one (1) year, from September 23, 2022 to September 23, 2023 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Planning Commission, May 26, 2022 Page 3 VICINITY MAP GENERAL PLAN ZONING Subject Site (NB Tennis Club) NBCC-Golf Course & Clubhouse (Not a Part) 3 INTENTIONALLY BLANK PAGE4 First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Planning Commission, May 26, 2022 Page 4 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-H3/PR (Mixed-Use Horizontal 3/Parks and Recreation) PC 47 (Newport Beach Country Club Planned Community) Newport Beach Tennis Club NORTH RM (Multiple- Residential) RM (Multiple- Residential) Granville residential community SOUTH CO-G (General Commercial Office) PC 40 (Corporate Plaza West Planned Community) Corporate Plaza West general offices EAST CO-G PC 40 Corporate Plaza West general offices WEST PR (Parks & Recreation) PC 47 Newport Beach Country Club Golf Course INTRODUCTION Project Setting The subject property is approximately seven (7) acres in size and currently improved with a private tennis club that consists of 24 tennis courts, a 3,725-square-foot tennis clubhouse, and 125 surface parking spaces. The subject property is located east of the Newport Beach Country Club (NBCC) Golf Course site, west of the Corporate Plaza West office complex, and south of the Granville residential community. Project Description The applicant, Golf Realty Fund, Managing Owner (GRF), requests an extension of the Agreement with the City for an additional ten (10) years. No other changes to the Agreement are requested with this application. Background On March 27, 2012, the City Council approved entitlements and the Agreement (Exhibit C of the draft First Amendment to Development Agreement) for the Approved Project that would redevelop the existing private tennis facility, replace the existing 3,725-square-foot tennis clubhouse, reduce the total number of tennis courts from 24 to seven (7) including one (1) lighted stadium court, together with a 27-unit boutique hotel with a 2,200-square-foot guest center and 9,700-square-foot spa/fitness center and add five (5) single-unit residential dwellings. The City Council also adopted NBCC Planned Community Development Plan (PC-47) for the subject site as part of the overall development of the NBCC properties that also includes the adjacent NBCC Golf Course site. 5 First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Planning Commission, May 26, 2022 Page 5 On January 26, 2017, the Zoning Administrator approved a tentative parcel map for future financing and conveyance purposes for the subject property. No development or improvements were proposed as a part of the tentative parcel map application. On November 20, 2018, the Zoning Administrator approved a coastal development permit for the demolition of existing structures on the subject property, implementation of the Approved Project, and further subdivision of the subject property. The permit was due to expire two (2) years from the date of approval; and thus far, has received two (2), one (1)-year extensions and is due to expire on November 20, 2022, unless another extension is granted. On November 2, 2021, the applicant filed an application to modify and expand the Approved Project to increase the number of hotel units from 27 to 41 (an increase of 14 units) with an additional of 4,686 square feet of ancillary uses, and to add one (1) additional tennis court for a total of eight (8) courts. The proposed changes require the reconsideration of all land use entitlements previously granted to the Approved Project, including the Agreement. DISCUSSION The Agreement for the Approved Project became effective on September 23, 2012, with a 10-year term and it is due to expire on September 23, 2022, if no action is taken. The applicant seeks a 10-year extension as he feels it is sufficient to implement the expanded project under consideration. The evaluation of the expanded project will not be concluded before expiration of the Agreement and staff recommends a one (1)-year extension allowing enough time to complete the review. This way, the Agreement would not expire and both parties will have time to renegotiate terms appropriate for the expanded project. The applicant agrees with this change. Please see the draft First Amendment to the Agreement (Exhibit A of Attachment No. PC 1). This amendment makes no other change to the Agreement. With regard to the status of the Approved Project, building and grading plans for the Approved Project, except for the visitor accommodations, was submitted for staff review and approval several years ago. However, the applicant did not complete those plans and no permits have been issued. The plan review process has expired and the applicant would need to resubmit plans consistent with the most current Building and Fire Codes. Environmental Review On March 27, 2012, the Newport Beach City Council approved Mitigated Negative Declaration No. ND2010-008 (SCH 2010091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred as “MND”) that addressed the potential environmental effects associated with the Approved Project. 6 First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Planning Commission, May 26, 2022 Page 6 All environmental concerns for the Approved Project are addressed in previously approved MND. The proposed First Amendment does not change the Approved Project but rather only extends the Term of the Agreement by one year. The proposed First Agreement does not amend development standards, development requirements, or required mitigation measures identified in MND. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution :\Users\PLN\Shared\PA's\PAs - 2022\PA2022-038\PC\PC-Staff Report.docx01/12/18 7 INTENTIONALLY BLANK PAGE8 Attachment No. PC 1 Draft Resolution 9 INTENTIONALLY BLANK PAGE10 RESOLUTION NO. PC2022-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA2022-001) FOR THE TENNIS CLUB SITE WITHIN THE NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY LOCATED AT 1602 EAST COAST HIGHWAY (PA2022-038) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On March 27, 2012, the City Council of the City of Newport Beach (“City”) adopted Ordinance No. 2012-3 approving Development Agreement No. DA2008-001 (“Agreement”) between the City and Golf Realty Fund (“GRF”) for the Tennis Club site within the Newport Beach Country Club Planned Community. The Agreement was executed and recorded, as document number 2014000036369 on January 29, 2014. The effective date of the Agreement is September 27, 2012 with a term of ten years. 2. GRF has requested a first amendment to extend the term of the Agreement one additional year, from September 27, 2022 to September 27, 2023 (“First Amendment”), in order to develop the Tennis Club site consistent with the Newport Beach Country Club Planned Community (PC-47). The approved entitlements for the Tennis Club site, including development regulations and required conditions of approval as provided in the Agreement, remain unchanged by this First Amendment. 3. Section 15.45.040 (Development Agreements; Contents) of the Newport Beach Municipal Code (“NBMC”) requires development agreements include, among other provisions, the term, permitted uses, density and intensity of development, and maximum height and size of proposed buildings. The Agreement meets the requirements of Section 15.45.040 of the NBMC as it includes the permitted uses, density and intensity of development, and maximum height and size of the proposed buildings. None of those provisions are changed by this First Amendment. 4. The Planning Commission held a public hearing on May 12, 2022 which was continued to May 26, 2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the First Amendment. 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”), California Government Code Section 65867 and Section 15.45.050 (Public Hearing- Notice) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 11 Planning Commission Resolution No. PC2022-008 Page 2 of 4 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. In accordance with the California Environmental Quality Act (“CEQA”) set forth in the California Public Resources Code Section 21000, et. seq. and its implementing State regulations set forth in the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”): 1. On March 27, 2012, the Newport Beach City Council approved Mitigated Negative Declaration No. ND2010-008 (SCH 2010091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred as “MND”) that addressed the potential environmental effects associated with the Tennis Club site within the Newport Beach Country Club Planned Community (“Project”). 2. All environmental concerns for the Project are addressed in the previously approved MND. The First Amendment does not change the Project but rather only extends the Term of the Agreement by one year. The First Amendment does not amend development standards, development requirements, or required mitigation measures identified in the MND. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The City Council previously found the Agreement consistent with Land Use Element of the General Plan which designates the Tennis Club site as Mixed Use Horizontal 3/Park and Recreation (MU-H3/PR). The MU-H3/PR designation on the Tennis Club site provides for the horizontal intermixing of regional commercial office, hotel, single-family and multi-family residential and ancillary commercial uses. The PR designation allows active public or private recreational uses including parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. 2. The City Council previously found the Agreement consistent with Section 15.45.040 (Development Agreement Content) of the NBMC as it included all the necessary components including the term, permitted uses, density and intensity of development, and maximum height and size of proposed buildings to be developed on the Tennis Club site, when it adopted Ordinance No. 2012-3 in 2012. With the exception of extending the term, all of the other necessary components articulated above, remain unchanged by this First Amendment. 3. The Planning Commission finds extension of the Agreement for one additional year is consistent with provisions of California Government Code Sections 65864 to 65869.5 and Chapter 15.45 (Development Agreements) of the NBMC that authorize binding 12 Planning Commission Resolution No. PC2022-008 Page 3 of 4 agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. With the exception of extending the term, all of the other necessary components articulated above, remain unchanged by this First Amendment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach, California hereby recommends to the City Council: 1. All significant environmental concerns for the Project have been addressed in Negative Declaration No. ND2010-008 and an Errata to Mitigated Negative Declaration No. ND2010-008 and no new or additional impacts will result from the First Amendment. The First Amendment does not change the Project but rather only extends the term of the Agreement by one year. The First Amendment does not amend any development standards, development requirements, or required mitigation measures identified in Negative Declaration No. ND2010-008 and an Errata to Mitigated Negative Declaration No. ND2010-008. 2. Adopt the First Amendment to Development Agreement No. DA2008-001 between the City of Newport Beach and GRF to extend the term of the Agreement by one year, from September 27, 2022 to September 27, 2023. Except as modified by the First Amendment, the Planning Commission recommends the amended Agreement remain in full force and effect. 13 Planning Commission Resolution No. PC2022-008 Page 4 of 4 PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF MAY, 2022. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Lee Lowrey, Chairman BY:_________________________ Curtis Ellmore, Secretary Attachment(s): Exhibit A – First Amendment to Development Agreement 14 EXHIBIT A First Amendment to Development Agreement No. DA2008-001 15 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk (Space Above This Line Is for Recorder’s Use Only) This First Amendment 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. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT between CITY OF NEWPORT BEACH and GOLF REALTY FUND CONCERNING PROPERTIES LOCATED AT NEWPORT BEACH TENNIS CLUB WITHIN THE NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT 16 1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Pursuant to California Government Code Sections 65864-65869.5) This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the “First Amendment”) is entered into and effective on the date it is recorded with the Orange County Recorder (“Effective Date”) by and between the CITY OF NEWPORT BEACH (“City”), and GOLF REALTY FUND, a California limited partnership “Property Owner”). City and Property Owner are sometimes collectively referred to in this First Amendment as the “Parties” and individually as a “Party.” RECITALS A. Property Owner is the managing owner of and owns a fee interest in title to that certain real property located in the City of Newport Beach, County of Orange, State of California which is more particularly described in the legal description attached as Exhibit “A” and depicted on the site map attached hereto as Exhibit “B” (“Property”). The Property consists of approximately seven (7) acres within the area shown on the City’s Zoning Map as the Newport Beach Country Club Planned Community District. The Property comprises the Newport Beach Tennis Club site shown on Exhibit “B”, which consists of The Villas Sub-Area, The Tennis Club Sub-Area, and The Bungalows Sub-Area. B. City and Property Owner entered into that certain Development Agreement between the City of Newport Beach and Golf Realty Fund dated March 27, 2012, and recorded in the Official Records of Orange County on January 29, 2014, as document number 2014000036369 (“Agreement”) attached hereto as Exhibit “C” with a ten (10) year term. C. On November 20, 2018, the City approved Coastal Development Permit No. CD2017-039 to allow the demolition of the 18 existing tennis courts and construction of Tennis Club, Villas and Bungalows at the Tennis Property, however, the Agreement was not amended or modified. D. The Parties now wish to enter into that First Amendment extending the term for an additional year. E. On May 12, 2022, the Planning Commission noticed a public hearing on this First Amendment and continued the item to a date certain, May 26, 2022, at the conclusion of the public hearing. F. On May 26, 2022, the Planning Commission held a noticed public hearing on this First Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. Consistent with applicable provisions of the Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution No. PC2022-008, recommending the City Council approve this First Amendment. 17 2 G. On _____________, 2022, the City Council held a noticed public hearing on this First Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. On ____________, 2022, consistent with applicable provisions of the Development Agreement Statute and Ordinance, the City Council held second reading and adopted Ordinance No. ________ approving this First Amendment. H. This First Amendment is consistent with the City of Newport Beach General Plan (“General Plan”), including without limitation the General Plan’s designation of the Property as “MU-H3/PR” (Mixed Use Horizontal /(Parks and Recreation) (Anomaly 46), the Coastal Land Use Plan’s designation as “MU-H/PR (Mixed Use Horizontal / Parks & Recreation”, the Newport Beach Country Club Planned Community District that was adopted in 1997 by Ordinance No. 97-10 in order to establish appropriate zoning to regulate land use and development of the Property consistent with the General Plan, and the Newport Beach Country Club Planned Community Development Plan No PC2005-002 approved for the Property on March 27, 2012 by Ordinance No. 2012-2. I. In recognition of the significant public benefits that this Agreement provides, the City Council has found that this First Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of this First Amendment; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City’s police power; (iv) is consistent and has been approved consistent with the Final Environmental Impact Report for the City of Newport Beach General Plan 2006 Update (State Clearinghouse No. 2006011119) and the Mitigated Negative Declaration No. ND2010-008 for the Newport Beach Country Club Planned Community District (PA2005-002) approved by the City Council, both of which analyze the environmental effects of the proposed development of the Project on the Property; and (v) is consistent and has been approved consistent with provisions of California Government Code section 65867 et seq. and Chapter 15.45 City of Newport Beach Municipal Code (“NBMC”). AGREEMENT NOW, THEREFORE, City and Property Owner agree as follows: 1. Term of Agreement. Section 2.4 of the Agreement is hereby amended in its entirety to read as follows: “The term of this Agreement (the “Term”) shall commence on the Effective Date and continue until _______________ 2023, unless otherwise terminated or modified pursuant to its terms. Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 13.10 (as well as any other Property Owner obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement.” 2. Attorneys’ Fees. Section 8.10 of the Agreement is hereby amended in its entirety to read as follows: 18 3 “In any judicial proceeding, arbitration, or mediation (collectively, an “Action”) between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure section 1033.5 or California Civil Code section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys’ fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action.” 3. Notices. Section 13.1 of the Agreement is hereby amended in its entirety to read as follows: “Any notice or demand that shall be required or permitted by law or any provision of this Agreement and First Amendment shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Manager With a copy to: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Attorney TO PROPERTY OWNER: Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 Attn: Robert OHill With a copy to: ________________________ ________________________ ________________________ 19 4 Either Party may change the address stated in this Section 13.1 by delivering notice to the other Party in the manner provided in this Section 13.1, and thereafter, notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this First Amendment shall be deemed to be delivered upon the earlier of: (i) the date received or (iii) three business days after deposit in the mail as provided above.” 4. Full Force and Effect. Except as modified by the First Amendment, the entire Agreement, its exhibits, and the exhibits attached hereto, are incorporated herein to this First Amendment and shall remain in full force and effect. 5. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. [SIGNATURES ON NEXT PAGE] 20 5 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT “PROPERTY OWNER” GOLF REALTY FUND, a California limited partnership By: Its: By: Its: “CITY” CITY OF NEWPORT BEACH, a California municipal corporation By: Kevin Muldoon, Mayor ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney Attachments: Exhibit A – Legal Description of Property Exhibit B – Depiction of Property Exhibit C – Development Agreement Recorded January 29, 2014 21 6 ACKNOWLEDGMENT State of California County of ______________________} ss. On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________ Signature (seal) ACKNOWLEDGMENT State of California County of ______________________} ss. On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________ Signature (seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 22 A-1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel 1 and Parcel 2 of Parcel Map 94-102, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 316, Pages 3 to 6, inclusive, of Parcel Maps, in the office of the County Recorder of Orange County. 23 B-1 EXHIBIT B DEPICTION OF PROPERTY 24 C-1 EXHIBIT C DEVELOPMENT AGREEMENT RECORDED JANUARY 29, 2014 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Newport Beach Tennis Club Development Agreement Extension Planning Commission May 26, 2022 David Lee, Associate Planner PA2022-038 Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Vicinity Map Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) 1st Amendment to DA •DA Approved in 2012 for Tennis Club site: •Replace existing 3,725 SF Tennis Clubhouse •Reduce Tennis Courts from 24 to 7 •27 boutique hotel units (The Bungalows) •5 single-family residences (The Villas) 3 Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) Site Plan Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) 1st Amendment to DA •An extension requested by applicant •Development Agreement expires Sept. 23, 2022 •Staff recommends a 1-year extension with applicant’s agreement while processing new project amendment •Project amendment application will be presented for consideration at a future date 5 Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038) 6 David Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov Planning Commission May 24, 2022 Planning Commission - May 26, 2022 Item 2a - Additional Materials Presented at Meeting by Staff First Amendment to Newport Beach Tennis Club Development Agreement (PA2022-038)