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c�<,FORN'P City Council Staff Report
September 27, 2022
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David Lee, Associate Planner, dlee@newportbeachca.gov
PHONE: 949-644-3225
TITLE: Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport
Beach Project Amendment (PA2021-260)
ABSTRACT:
The applicant requests an amendment to the approved Tennis Club at Newport Beach
project to 1) increase the number of future tennis courts from seven to eight courts;
2) increase the number of future hotel rooms from 27 to 41 rooms; 3) increase the gross
floor area of the ancillary hotel uses by 4,686 square feet; and 4) provide three attached
condominium units and two detached single-family residences in -lieu of five detached
single-family residences. The request also includes a 10-year term extension to the
approved project's development agreement to ensure the orderly development of the
property and certain public benefits to the City of Newport Beach (City).
For the City Council's consideration is the adoption of three resolutions for environmental
clearance and planning applications for the project, and the introduction of two ordinances
to amend the Newport Beach Country Club Planned Community Development Plan and
approval of a second amendment to the approved project's development agreement. If
approved, the item will return to the City Council on October 11, 2022, for the second
reading and adoption of the two ordinances. The requested local coastal program
amendment (Title 21 Amendment) will not become effective until approval by the
California Coastal Commission (CCC) and adoption.
RECOMMENDATION:
a) Conduct a public hearing;
b) Adopt Resolution No. 2022-65, A Resolution of the City Council of the City of Newport
Beach, California, Adopting an Addendum to Mitigated Negative Declaration
No. ND2010-008 for the Tennis Club at Newport Beach Located at 1602 East Coast
Highway;
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c) Adopt Resolution No. 2022-66, A Resolution of the City Council of the City of Newport
Beach, California, Approving a General Plan Amendment, Amendment to Major Site
Development Review No. SD2011-002, Amendment to Coastal Development Permit
No. CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005-003, and
Amendment to Limited Term Permit No. XP2011-004 for the Tennis Club at Newport
Beach Located at 1602 East Coast Highway (PA2021-260);
d) Adopt Resolution No. 2022-67, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment to the
California Coastal Commission to Amend the Newport Beach Country Club Planned
Community Development Plan (PC-47) for the Tennis Club Located at 1602 East
Coast Highway (PA2021-260);
e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-19, An Ordinance of the City Council of the City of Newport Beach,
California, Approving an Amendment to the Newport Beach Country Club Planned
Community Development Plan (PC-47) for the Tennis Club at Newport Beach Located
at 1602 East Coast Highway, and pass on to second reading on October 11, 2022;
and
f) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-20, An Ordinance of the City Council of the City of Newport Beach,
California, Approving the Second Amendment to the Development Agreement
(DA2008-001) for the Tennis Club at Newport Beach Located at 1602 East Coast
Highway (PA2021-260), and pass on to second reading on October 11, 2022.
DISCUSSION:
The subject property is approximately seven acres in size and presently improved with a
private tennis club consisting of a 3,725-square-foot tennis clubhouse, 14 tennis courts,
32 pickle ball courts, and a 125-space surface parking lot. The subject property is located
adjacent to the Newport Beach Country Club golf course and is west of the Corporate
Plaza West Planned Community, which consists of several office buildings. The site is
also located directly south of the Granville residential community.
On March 27, 2012, the City Council approved land use entitlements and executed a
10-year term development agreement (DA) to allow the redevelopment of the tennis club
site into three distinct components:
1) Tennis Club — Reconstruct the existing 3,725-square-foot tennis clubhouse, and
reduce the total number of tennis courts from 24 to seven courts, including one
lighted stadium court;
2) Hotel (Bungalows) - Construct a 27-room boutique hotel with ancillary uses
consisting of a spa and fitness center and a concierge guest center; and
3) Residential (Villas) - Construct five detached single-family residences.
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The project described above (Approved Project) has not been implemented to date and
continues to operate as a private tennis club, with pickleball courts being introduced in
2019.
On June 28, 2022, the City Council approved the first amendment to the DA previously
approved in 2012, which authorized the extension of the DA by one year. This provided
City staff additional time to review an amendment to the Approved Project that was
submitted by the applicant on November 2, 2021.
Since the proposed project involves a Local Coastal Program Amendment requiring
subsequent approval by the California Coastal Commission (CCC), if the CCC does not
approve the amendment, the entire application would not become effective.
Project Description
The applicant is requesting an amendment to the Approved Project to add one tennis
court for a total of eight tennis courts, to add 14 hotel units for a total of 41 hotel units with
additional ancillary uses, and to allow three of five single-family residential units to be
converted to condominiums (Proposed Project).
The applicant's project description and project plans are available online at
https://ecms.newportbeachca.gov/Web/O/fol/2834530/Rowl.aspx
Table 1 below provides a summary of the Approved Project comparing it to the Proposed
Project.
Table 1 — Proiect Comparison
Use
Approved Project
Proposed Project
Tennis
Clubhouse (3,725 sq. ft.)
No Change
7 Tennis Courts
8 Tennis Courts (+1)
Hotel
27 Hotel Rooms
41 Hotel Rooms (+14)
Concierge Center (2,200 sq. ft.)
No Change
Spa/Fitness Center (7,500 sq. ft.)
No Change
+4,686 sq. ft. of Ancillary Uses
Performance Therapy (+852 sq. ft.),
Yoga Pavilion (+633 sq. ft.),
Administrative Office (+2,620 sq. ft.),
Common Area (+581 sq. ft.)
Residential
5 Detached Single -Family
2 Detached Single -Family Residences
Residences
3 Attached Condominiums
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General Plan
The subject property has a General Plan Land Use designation of Mixed -Use Horizontal
3/Parks and Recreation (MU-H3/PR). The Mixed Use Horizontal 3 designation on the
subject site provides for the horizontal intermixing of regional commercial office, hotel,
single-family and multi -family residential, and ancillary commercial uses. The PR
designation applies to land used or proposed for active public or private recreational use.
Permitted uses include parks (both active and passive), golf courses, marina support
facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.
The project site is designated as Anomaly No. 46 by the existing Land Use Element,
which limits development intensity to 3,725 square feet for a tennis club building and
24 tennis courts at the subject property. Residential use is also permitted in Anomaly
No. 46 in accordance with MU-H3/PR designation. As part of the Approved Project, the
City Council authorized the conversion of 17 tennis courts to 27 hotel rooms on a traffic
neutral basis. Since the Approved Project did not include a General Plan Amendment,
the conversion did not change Anomaly No. 46.
The applicant seeks no changes to the General Plan designations, but rather requests to
increase the number of hotel rooms from 27 to 41 rooms and the number of tennis courts
from seven to eight courts. The subject property would remain Mixed -Use Horizontal
3/Parks and Recreation (MU-H3/PR). The Proposed Project is consistent with the
MU-H3/PR designation as it includes a mix of land uses including single-family residential,
attached residential condominiums, recreational tennis club facilities, and visitor -serving
commercial uses. These uses are permitted as stated above. A complete consistency
analysis of each of the applicable General Plan policies is provided in the attached Draft
Resolution (Attachment B) and included in Table 5-12 of the Land Use and Planning
Section of the Mitigated Negative Declaration Addendum.
Charter Section 423 (Measure S)
Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be
prepared to establish whether a proposed General Plan Amendment (if approved)
requires a vote by the electorate. Charter Section 423 requires voter approval of any
major amendment to the General Plan. A major General Plan amendment is one that
significantly increases allowed density or intensity by 40,000 square feet of non-
residential floor area or increases traffic by more than 100 peak hour vehicle trips
(AM/PM) or increases residential dwelling units by 100 units. These thresholds apply to
the total of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding 10 years.
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The subject property is within Statistical Area L1. Only 14 hotel rooms are required to be
analyzed for Charter Section 423 since the 27 hotel rooms have been previously
converted from the 17 tennis courts. The proposed GPA results in an increase of
14,000 square feet (1,000 square feet per hotel room), 9.51 AM trips, and 12.42 PM trips
based on the most recent ITE trip rates pursuant to City Council Policy A-18. Prior
amendments within the past 10 years are the Vivante Senior Housing and Residences at
Newport Center projects. Charter Section 423 requires consideration of 80 percent of
prior increases, which results in a cumulative increase of 94 dwelling units, 23 AM trips,
and 43 PM trips between both projects. There were no nonresidential gross square
footage increases with these two prior amendments. When combined with 80 percent of
the prior amendment increases, this results in cumulative increases of 14,000 square
feet, 32.51 AM trips, and 55.42 PM trips. As a result, no vote of the electorate is required
should the City Council choose to approve the General Plan Amendment.
Local Coastal Program
The proposed amendment to the Local Coastal Program Implementation Plan (Title 21)
is consistent with the Coastal Land Use Plan (CLUP), which designates the property as
MU-H/PR (Mixed Use Horizontal/Parks and Recreation). This designation allows a
horizontally distributed mix of uses, which may include general or neighborhood
commercial, commercial offices, multi -family residential, visitor -servicing and marine -
related uses, buildings that vertically integrate residential with commercial uses, and
active public or private recreational uses, including parks, golf courses, marina support
facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.
The Proposed Project is a request to increase existing uses which have been previously
permitted. The project includes a mixture of uses which include a tennis club and eight
tennis courts, a 41-unit hotel development and ancillary uses, and five residential units.
All of these uses are intended to provide an updated recreational facility to serve the
residents and visitors of the city. Additionally, the amendment is consistent with the
applicable land use policies of the CLUP, as provided in the attached draft resolution.
Therefore, an amendment to the CLUP is not necessary.
Title 21 includes specific development standards for the Approved Project. As a result,
an amendment to Title 21 is necessary to revise the development standards listed in
Section 21.26.055.S, which specifically refers to the Newport Beach Country Club
Planned Community (PC-47) development standards of the "Tennis Club", "The Villas",
and "The Bungalows." The following amendments are proposed:
1. The amendment increases the density and intensity limit for the number of tennis
courts from seven to eight courts. The addition of the tennis court increases the
minimum required parking from 28 spaces to 32 spaces (four spaces per court).
2. The amendment converts three of the five single-family residences to attached
residential condominium units. Therefore, the amendment revises the density and
intensity limit for the Villas from five to two single-family residences and removes
previous development standards for three single-family residences referred to as
Villas C, D and E.
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3. The amendment includes new development standards for attached residential
condominiums, which have a density limit of three units and maximum gross floor area
of 15,035 square feet. The maximum height allowed for the condominium buildings is
50 feet. The buildings are required to be set back five feet from any property line. The
remaining single-family residences require a minimum of two enclosed parking spaces
and one guest parking space per unit, while the proposed attached condominiums
require a minimum of three enclosed parking spaces and one guest parking space per
unit.
4. The amendment revises the density and intensity limits for the bungalows from 27 to
41 short-term guest rental rooms. Additionally, the maximum allowable gross floor
area increases from 28,300 to 47,484 square feet, and square footage for ancillary
hotel uses are included. A minimum of one space per hotel unit is required.
Planned Community Development Plan Amendment
In 2012, the City Council adopted NBCC Planned Community Development Plan (PC-47)
for the subject site as part of the Approved Project that also includes the adjacent Newport
Beach Country Club golf course site. All proposed changes as part of the Proposed
Project are limited to the tennis club property and do not apply to the golf club.
The Proposed Project is consistent with the intent and purpose of PC-47 in that the tennis
club, hotel, and residential uses and their development standards have already been
allowed and are in place on the tennis club site. The proposed changes are minor
adjustments to the building height, setbacks, and parking standards in order to
accommodate the Proposed Project. Additionally, PC-47 provides guidelines for
architectural design to include coordinated and cohesive architecture which exhibits
quality that is in keeping with the surrounding area in Newport Center. The Proposed
Project includes additional hotel rooms and two attached residential condominium loft
buildings. The proposed additions are designed to be compatible with the approved
architectural design of the Approved Project. PC-47 permits structures to be a maximum
of 50 feet in height. The Proposed Project includes two attached residential condominium
loft buildings and additional hotel rooms to be at a maximum of 46 feet high and comply
with the height limit.
Site Development Review
On January 24, 2012, the City Council approved Site Development Review No. SD2011-
002, which authorized construction of the Approved Project. The proposed changes to
the Approved Project necessitate an amendment to the approved Site Development
Review.
The proposed development complies with all Site Development Review criteria specified
in PC-47 to provide a coordinated, cohesive and comprehensive large-scale planning
project. The Approved Project features a distinct and cohesive architectural style (Figure
2), and includes landscaping components, signage and circulation design, which are
compatible with the character of the neighboring uses and surrounding sites.
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The additional 14 hotel rooms and attached residential condominium buildings are
designed to be of similar architectural style, which includes smooth plaster exterior siding,
clay tile roofs, and stone veneer exterior accent finishes. As a result, the Proposed Project
is compatible with the Approved Project, and is not detrimental to the orderly and
harmonious development of the surroundings and of the city.
The Proposed Project promotes additional functionality between residential and hotel
components, as residential condominiums are attached to hotel units in two separate loft
buildings. Underground parking is provided in the loft buildings, with additional street
parking and parking lots to serve hotel and tennis club guests. Each of the two single-
family residences provide a two -car garage to serve its residents. The project has been
designed to include a surplus of 40 spaces beyond what is required.
The development is designed to maximize aesthetic quality as viewed from surrounding
properties. The property is separated from East Coast Highway by a commercial office
plaza which is comprised of three two-story office buildings at 1200 Newport Center Drive.
The office plaza includes landscaping along East Coast Highway with trees and various
plantings. The Newport Beach Country Club golf clubhouse is located approximately 150
feet west of the property. The development's multiple components (tennis club,
residential, and hotel) have been designed and sited to function cohesively, not only with
each other, but also with the adjacent golf course uses and surrounding development.
Coastal Development Permit
The subject property is located within the Coastal Zone. Therefore, the Proposed Project
requires a coastal development permit.
The Proposed Project is consistent with the Coastal Land Use Plan, which designates the
site as Mixed -Use Horizontal/Parks and Recreation (MU-H/PR). The MU-H land use
designation of the Coastal Land Use Plan allows the horizontal intermixing of hotel units,
single-family residences, attached residential condominiums, and tennis club facilities on
the project site. Additionally, the MU-H designation identifies a maximum density/intensity
limit of 1.5 floor area ratio (FAR), with a minimum FAR of 0.25 and a maximum FAR of
0.5 for retail uses and a maximum of 1.0 for residential. The project proposes 65,595
square feet of nonresidential floor area (approximately 0.21 FAR) for the hotel rooms,
concierge & guest center, and ancillary hotel uses which include a performance therapy
center, yoga pavilion, office, common area, and a spa and fitness center. The five
residential dwelling units total 20,653 square feet (approximately 0.06 FAR). The
proposed density/intensity of the hotel and residential units comply with the FAR
limitations identified in the Coastal Land Use Plan.
The PR coastal land use designation applies to land used or proposed for active public
or private recreational use. Permitted uses include parks (both active and passive), golf
courses, marina support facilities, aquatic facilities, tennis clubs and courts, private
recreation, and similar facilities. The PR designation on this site is applicable to the
existing and proposed private tennis club and tennis courts.
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The density/intensity limitations include incidental buildings, such as maintenance
equipment sheds, supply storage, and restrooms, not included in determining intensity
limits. The proposed tennis club and ancillary uses are consistent with this land use
designation.
The property is not located between the nearest public road and the sea or shoreline and
will not affect the public's ability to gain access to, use or view the coast and nearby
recreational facilities. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal
Views) identify the closest public view road as Newport Center Drive, located
approximately 170 feet east of the project site and the closest public viewpoint as Irvine
Terrace Park, located 525 feet south of the project site. Coastal views from these view
corridors and viewpoints are directed toward Newport Bay and the Pacific Ocean. Since
the project site is located to the north of Irvine Terrace Park, the Proposed Project will not
affect coastal views due to its orientation. From Newport Center Drive, there is a zero to
40-foot grade difference to the project area below.
An analysis of the fiscal and economic Impacts was prepared on August 29, 2022, by
Kosmont Companies to analyze the construction of new visitor accommodations in the
coastal zone in accordance with the requirements of Section 21.48.025 (Local Coastal
Program Implementation Plan, Standards for Specific Land Uses, Visitor
Accommodations) of the NBMC. The report provides a feasibility analysis stating that the
anticipated average daily room (ADR) rate for all 41 rooms is approximately $920 and the
statewide average daily room rate is $205.69. Because the anticipated ADR will well
exceed the statewide average, the proposed accommodations are not considered lower
cost accommodations. The report considers the specific location of the property as an
inappropriate location for low-cost accommodations. Additionally, low-cost
accommodations are not feasible due to prohibitive land and construction costs. The
property does not currently provide accommodations of any kind and implementation of
the Project would not directly impact low-cost accommodations. While the Project would
not include any lower cost accommodations, the Local Coastal Program Implementation
Plan would identify the Project as generating an impact simply by not providing lower -
cost accommodations. There is no impact on the provision of lower -cost visitor
accommodations in the Coastal Zone as creating lower cost accommodations at the site
is infeasible and there is no nexus to an actual impact; therefore, no mitigation is required.
The Project features larger guest facilities with bedrooms, separate living rooms with sofa
beds, and many rooms with kitchens. These features will accommodate more occupants
per room, which lowers the costs per occupant.
Tentative Vesting Tract Map
On January 24, 2012, the City Council approved a Vesting Tentative Tract Map, which
authorized the creation of separate lots for five single-family residences, 27 hotel rooms,
and lettered lots for common areas and a private street. The applicant proposes an
amendment to the vesting tentative tract map to accommodate the Proposed Project.
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The amended map reflects the combination of two previously divided lots, which results
in the elimination of one lot. These two lots were intended for two detached -single family
residences. The map has also been modified to include residential condominium portion
of the Proposed Project.
All construction for the project has been conditioned to comply with all Building, Public
Works, and Fire Codes, which are in place to prevent serious public health problems. The
Public Works Department has reviewed the proposed revisions to the approved vesting
tentative tract map and determined it is consistent with the Newport Beach Subdivision
Code (Title 19) and applicable requirements of the Subdivision Map Act.
Limited Term Permit
The applicant is requesting a limited term permit (LTP) to allow two temporary modular
trailers and portable toilets during construction. Both modular trailers are approximately
33 feet long and 13 feet wide. One modular trailer is proposed to be used as a
construction office located at the southwest portion of the property and will be staged at
this location through the entire duration of the Proposed Project, which is estimated to be
approximately 20 months. The second modular office is proposed to be used as a
temporary office for tennis club operations and will be located on the easterly portion of
the property through the construction of the tennis clubhouse, which is estimated to be
approximately 16 months. The portable toilets are proposed to serve the temporary tennis
club office and located nearby.
Development Agreement
On March 27, 2012, the City Council approved a Development Agreement between the
City and the Applicant for the Approved Project. The DA was executed and recorded, on
January 29, 2014, with a 10-year term. The DA provides vested rights to develop the
Approved project and the City negotiated public benefit fees of ninety-three thousand
$93,000 per each residential dwelling unit and $10 per square foot of construction for the
tennis clubhouse, for a grand total of $502,250. These fees are subject to annual
adjustments, based on the CPI Index.
On July 12, 2022, the City Council approved the First Amendment to the DA to extend
the term of the agreement by one year. The DA will expire on September 23, 2023. In
accordance with Section 15.45.020.A.2.c (Development Agreement Required) of the
NBMC, a reconsideration of the agreement is required as the Proposed Project, which
includes an amendment to PC-47 and a General Plan Amendment to increase the
number of hotel rooms from 27 to 41 rooms, which is new non-residential development in
Statistical Area L1 (Newport Center/Fashion Island).
The applicant requests an additional 10-year term of agreement (Second Amendment),
pursuant to Section 15.45.070 (Amendment/Cancellation). The Second Amendment
provides assurance that the applicant may proceed with the Proposed Project in
accordance with existing policies, rules and regulations, and conditions of approval.
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Additionally, the Second Amendment to the DA helps the applicant avoid a waste of
resources and escalated costs of the Proposed Project while encouraging a commitment
to private participation in comprehensive planning.
The Second Amendment (Attachment E) also specifies the updated permitted uses,
density and intensity, and maximum height and size of proposed buildings, consistent
with the Proposed Project. Additionally, the Second Amendment to the Agreement
includes all mandatory elements, including public benefits that are appropriate to support
conveying the vested development rights consistent with the City's General Plan, NBMC,
and Government Code Sections 65864 et seq. No changes to the public benefit fees are
proposed.
A more complete summary and analysis of the Proposed Project and related entitlement
findings can be found in the attached September 8, 2022 Planning Commission staff
report (Attachment F).
Planning Commission Review and Recommendation
The Planning Commission held a public hearing on September 8, 2022. The main topics
discussed by the Planning Commission were confirmation of the applicant's request to
maintain the existing private tennis club with tennis courts, the City's process for
conversion of tennis courts to pickleball courts, tennis club and pickleball club operations
as they relate to occupancy, parking, traffic, and noise impacts to the surrounding uses,
and level of details on the submitted plans for project approval. Nine members of the
public addressed the Planning Commission regarding the Proposed Project. At the
conclusion of the public hearing, the Planning Commission voted 5-0 (5 ayes, 1 absent,
and 1 recused) to adopt Resolution No. PC2022-022, recommending the City Council
approve the Proposed Project. The Planning Commission staff report, meeting minutes,
and resolution are attached for reference as Attachments F, G and H.
FISCAL IMPACT:
The applicant is required to reimburse the City for all costs associated with the review of
the application. The applicant has agreed to the terms of the draft Second Amendment
stated above that requires the payment of $502,250 in addition to all required permit fees
and development impact fees.
ENVIRONMENTAL REVIEW:
On March 27, 2012, the Newport Beach City Council approved Mitigated Negative
Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative
Declaration No. ND2010-008 (together referred as WND") that addressed the potential
environmental effects associated with the Approved Project.
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Although the Project necessitates an amendment to the General Plan due to the
increased number of hotel rooms and tennis courts, there are no proposed changes to
the land uses permitted per the General Plan land use designation. Additionally, based
on the changes associated with the Project, there are no conditions that would require
the preparation of a subsequent or supplemental MND. As a result, an Addendum to the
MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative
Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA
Guidelines.
On the basis of the MND and entire environmental review record, the additional tennis
court, hotel rooms, ancillary hotel uses, and conversion of three (3) single-family
residences to condominium units will not result in any new significant impacts that were
not previously analyzed in the MND. The Addendum confirms and provides substantial
evidence that the potential impacts associated with this Proposed Project would either be
the same or less than those described in the MND, or as mitigated by applicable mitigation
measures in the MND. In addition, there are no substantial changes to the circumstances
under which the Proposed Project would be undertaken that would result in new or more
severe environmental impacts than previously addressed in either the MND, nor has any
new information regarding the potential for new or more severe significant environmental
impacts been identified. Therefore, in accordance with Section 15164 of the CEQA
Guidelines, an addendum to the previously adopted MND is the appropriate
environmental document for the Proposed Project. In taking action to approve any of the
requested applications for the Proposed Project, the data presented in the MND, as
augmented by the Addendum for this Proposed Project, are considered as part of the
record.
�rot d[elIorel
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.
ATTACHMENTS:
Attachment A
—Resolution No. 2022-65
Attachment B
—Resolution No. 2022-66
Attachment C —
Resolution No. 2022-67
Attachment D
—Ordinance No. 2022-19
Attachment E
—Ordinance No. 2022-20
Attachment F
— Planning Commission Staff Report, Dated September 8, 2022
Attachment G
— Planning Commission Minute Excerpts, Dated September 8, 2022
Attachment H
—Planning Commission Resolution No. PC2022-022
15-11
Attachment A
Resolution No. 2022-65 to Adopt Addendum to MND
15-12
RESOLUTION NO. 2022-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING AN
ADDENDUM TO MITIGATED NEGATIVE DECLARATION
NO. ND2010-008 FOR THE TENNIS CLUB AT NEWPORT
BEACH LOCATED AT 1602 EAST COAST HIGHWAY
(PA2021-260)
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, in 2012, the City Council approved an application by Golf Realty Fund,
Managing Owner ("Applicant") for the reconstruction of the 3,725-square-foot tennis
clubhouse, a reduction of tennis courts from 24 to seven courts, construction of a 27-room
boutique hotel with 9,700 square feet of ancillary uses, five single-family residential units,
and a development agreement for the property ("2012 Entitlements") located at 1602 East
Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-
151 (commonly referred as the "Tennis Club Site" or "Property");
WHEREAS, on November 20, 2018, the Zoning Administrator approved Coastal
Development Permit No. CD2017-039, authorizing the redevelopment of the Property
consistent with the 2012 Entitlements (2012 Entitlements and Coastal Development Permit
No. CD2017-039 are collectively referred to as the "Approved Project");
WHEREAS, the Applicant is requesting an amendment to the Approved Project to
allow an increase in the number of future tennis courts from seven to eight, an increase in
the number of future hotel rooms from 27 to 41, an increase to the gross floor area of
ancillary hotel uses by 4,686 square feet, three attached condominium units and two single-
family residences in -lieu of five single-family residences, and an amendment to the 2012
Development Agreement to account for the aforementioned changes to the Approved
Project along with extending the term for an additional 10 years ("Project");
WHEREAS, the following approvals are requested or required in order to
implement the Project:
• General Plan Amendment ("GPA") —An amendment to Anomaly No. 46 of Table
LU2 of the 2006 Newport Beach General Plan Land Use Element to document
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Resolution No. 2022-
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the conversion of 17 tennis courts to 27 hotel rooms authorized by City Council
Resolution No. 2012-10, and the addition of 14 hotel rooms for a total of 41 rooms
and one tennis courts for a total of eight tennis courts,
• Local Coastal Program Implementation Plan Amendment ("LCPA") — An
amendment to Section 21.26.055(S)(2) (Planned Community Coastal Zoning
District Development Standards, Newport Beach Country Club (PC-47, Tennis
Club) of the Newport Beach Municipal Code ("NBMC") to modify the permitted
uses and development standards allowed on the Property;
• Planned Community Development Plan Amendment ("PCDP Amendment") —An
amendment to Planned Community Development Plan No. 47 (Newport Beach
Country Club Planned Community) to amend land use regulations and
development standards on the Property;
• Major Site Development Permit Amendment ("SDA") — An amendment to the
existing site development review in accordance with PC-47 and Section
20.52.080 (Permit Review Procedures, Site Development Reviews) of the NBMC
for the construction of the Project;
• Coastal Development Permit Amendment ("CDPA") — A coastal development
permit for the demolition of existing structures, further subdivision on the Property,
and implementation of the Project;
• Vesting Tentative Tract Map Amendment ("VTMA") — An amendment to Vesting
Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the Newport
Beach Municipal Code ("NBMC") for a lot reduction created for the Approved
Project and inclusion of the condominium ownership;
• Limited Term Permit Amendment ("XP") — A limited term permit to allow
temporary use of structures during construction on the Property, pursuant to
NBMC Section 20.52.040,
• Development Agreement Amendment ("DA") — A second amendment to the
Development Agreement (DA2008-001), between the Applicant and the City,
pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction,
Development Agreements Required, Development Agreement Required) and
15.45.070 (Buildings and Constructions, Development Agreements,
Amendment/Cancellation) of the NBMC, which would provide vested rights to
15-14
Resolution No. 2022-
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develop the Project for an additional 10 years and provide negotiated public
benefits to the City; and
• Addendum to previously adopted Mitigated Negative Declaration No. ND2010-
008 (SCH2O10091052) ("Addendum") — Pursuant to the California Environmental
Quality Act ("CEQA"), the Addendum addresses reasonably foreseeable
environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 3/Parks and
Recreation (MU-H3/PR) by the City of Newport Beach General Plan and is located within
the Newport Beach Country Club Planned Community (PC-47) Zoning District,
WHEREAS, the Property is designated Mixed -Use Horizontal/Parks and
Recreation (MU-H/PR) by the Coastal Land Use Plan and is located within the Newport
Beach Country Club Planned Community (PC-47) Coastal Zone District;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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 (Planning Community
District Procedures), 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-022 (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the
City Council; and
WHEREAS, a public hearing was held by the City Council on September 27,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 19.12
(Tentative Map Review), 20.56 (Planning Community District Procedures), 20.62 (Public
Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing.
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Resolution No. 2022-
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NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: On March 27, 2012, the Newport Beach City Council approved
Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to
Mitigated Negative Declaration No. ND2010-008 (together referred to as "MND") that
addressed the potential environmental effects associated with the Approved Project. The
MND was prepared in compliance with the California Environmental Quality Act as set
forth in Section 21000 et seq. of the California Public Resources Code, the State CEQA
Guidelines set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations,
("CEQA Guidelines"), and City Council Policy K-3. The MND is attached hereto as Exhibit
"A" and incorporated herein by reference.
Section 2: Pursuant to Section 21166 of the California Public Resources Code
and Section 15162 of the CEQA Guidelines, when a negative declaration adopted for a
project, no subsequent negative declaration is required unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or
more of the following:
a. Substantial changes are proposed in the project which will require major
revisions of the previous negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous
negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects; or
c. New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the negative declaration was adopted as complete, shows any of the
following:
The project will have one or more significant effects not discussed in the
previous negative declaration;
ii. Significant effects previously examined will be substantially more severe
than shown in the adopted negative declaration;
15-16
Resolution No. 2022-
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iii. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different
from those analyzed in the previous negative declaration would
substantially reduce one or more significant effects on the environment,
but the project proponents decline to adopt the mitigation measure or
alternative.
Section 3: Although the Project necessitates an amendment to the General
Plan due to the increased number of hotel rooms and tennis courts, there are no proposed
changes to the land uses permitted per the General Plan land use designation.
Additionally, based on the changes associated with the Project, there are no conditions
that would require the preparation of a subsequent or supplemental MND. As a result, an
Addendum to the MND was prepared pursuant to Section 15162 (Subsequent EIRs and
Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the
CEQA Guidelines.
Section 4: The following environmental topics were analyzed for the Project:
Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and
Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services,
Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Addendum
includes analysis of new topics that were not included in the previous MND; specifically,
it includes a new energy section and a new wildfire section. These additional analyses
are appropriate for inclusion in the Addendum, but do not result in new or increased
significant impacts that would require preparation of a subsequent MND pursuant to
Section 15162 of the CEQA Guidelines.
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Resolution No. 2022-
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Section 5: On the basis of the MND and entire environmental review record, the
additional tennis court, hotel rooms, ancillary hotel uses, and conversion of three single-
family residences to condominium units will not result in any new significant impacts that
were not previously analyzed in the MND. The Addendum confirms and provides
substantial evidence that the potential impacts associated with this Project would either
be the same or less than those described in the MND, or as mitigated by applicable
mitigation measures in the MND. In addition, there are no substantial changes to the
circumstances under which the Project would be undertaken that would result in new or
more severe environmental impacts than previously addressed in either the MND, nor
has any new information regarding the potential for new or more severe significant
environmental impacts been identified. Therefore, in accordance with Section 15164 of
the CEQA Guidelines, an addendum to the previously adopted MND is the appropriate
environmental document for the Project. In taking action to approve any of the requested
applications for the Project, the data presented in the MND, as augmented by the
Addendum for this Project, are considered as part of the record.
Section 6: The Addendum to the MND, is hereby adopted by the City Council
given its analysis and conclusions. The Addendum to the MND and related referenced
documentation, constitute the administrative record upon which this decision was based,
are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach,
California.
Section 7: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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Resolution No. 2022-
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Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27th day of September, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
lfl-
Aaro . Harp
City torney
Attachment(s): Exhibit A: Mitigated Negative Declaration No. ND2010-008 and an
Errata to Mitigated Negative Declaration No. ND2010-008
(MND)
15-19
Exhibit "A"
Mitigated Negative Declaration No. ND2010-008 and an Errata to Mitigated Negative
Declaration No. ND2010-008 (MND)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/communit --
development/planning-division/projects-environmental-document-download-
paa e/environmental-document-download-page-arch
15-20
Attachment 6
Resolution No. 2022-66 to Approve GPA, SD, CD, NT & XP
15-21
RESOLUTION NO. 2022- 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING A
GENERAL PLAN AMENDMENT, AMENDMENT TO MAJOR
SITE DEVELOPMENT REVIEW NO. SD2011-002,
AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO.
CD2017-039, AMENDMENT TO VESTING TENTATIVE
TRACT MAP NO. NT2005-003, AND AMENDMENT TO
LIMITED TERM PERMIT NO. XP2011-004 FOR THE TENNIS
CLUB AT NEWPORT BEACH LOCATED AT 1602 EAST
COAST HIGHWAY (PA2021-260)
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, in 2012, the City Council approved an application by Golf Realty Fund,
Managing Owner ("Applicant") for the reconstruction of the 3,725-square-foot tennis
clubhouse, reduction of tennis courts from 24 to seven courts, construction of a 27-room
boutique hotel with 9,700 square feet of ancillary uses, five single-family residential units,
and a development agreement for the property ("2012 Entitlements") located at 1602 East
Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-
151 (commonly referred as the "Tennis Club Site" or "Property");
WHEREAS, on November 20, 2018, the Zoning Administrator approved Coastal
Development Permit No. CD2017-039, authorizing the redevelopment of the Property
consistent with the 2012 Entitlements (2012 Entitlements and Coastal Development Permit
No. CD2017-039 are collectively referred to as the "Approved Project");
WHEREAS, the Applicant is requesting an amendment to the Approved Project to
allow an increase in the number of future tennis courts from seven to eight, an increase in
the number of future hotel rooms from 27 to 41, an increase to the gross floor area of
ancillary hotel uses by 4,686 square feet, three attached condominium units and two single
family residences in -lieu of five single-family residences, and an amendment to the 2012
Development Agreement to account for the aforementioned changes to the Approved
Project along with extending the term for an additional 10 years ("Project"),
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Resolution No. 2022-
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WHEREAS, the following approvals are requested or required in order to implement
the Project:
• General Plan Amendment ("GPA") — An amendment to Anomaly No. 46 of Table
LU2 of the 2006 Newport Beach General Plan Land Use Element to document
the conversion of 17 tennis courts to 27 hotel rooms authorized by City Council
Resolution No. 2012-10, and the addition of 14 hotel rooms for a total of 41 rooms
and one tennis courts for a total of eight tennis courts;
• Local Coastal Program Implementation Plan Amendment ("LCPA") — An
amendment to Section 21.26.055(S)(2) (Planned Community Coastal Zoning
District Development Standards, Newport Beach Country Club (PC-47, Tennis
Club) of the Newport Beach Municipal Code ("NBMC") to modify the permitted
uses and development standards allowed on the Property;
• Planned Community Development Plan Amendment ("PCDP Amendment") —An
amendment to Planned Community Development Plan No. 47 (Newport Beach
Country Club Planned Community) to amend land use regulations and
development standards on the Property;
• Major Site Development Permit Amendment ("SDA") — An amendment to the
existing site development review in accordance with PC-47 and Section
20.52.080 (Permit Review Procedures, Site Development Reviews) of the NBMC
for the construction of the Project;
• Coastal Development Permit Amendment ("CDPA") — A coastal development
permit for the demolition of existing structures, further subdivision on the Property,
and implementation of the Project;
• Vesting Tentative Tract Map Amendment ("VTMA") — An amendment to Vesting
Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the NBMC
for a lot reduction created for the Approved Project and inclusion of the
condominium ownership;
• Limited Term Permit Amendment ("XF) — A limited term permit to allow
temporary use of structures during construction on the Property, pursuant to
Section 20.52.040 of the NBMC; -
• Development Agreement Amendment ("DA") — A second amendment to the
Development Agreement (DA2008-001), between the Applicant and the City,
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Resolution No. 2022-
Page 3 of 26
pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction,
Development Agreements Required, Development Agreement Required) and
15.45.070 (Buildings and Constructions, Development Agreements,
Amendment/Cancellation) of the NBMC, which would provide vested rights to
develop the Project for an additional 10 years and provide negotiated public
benefits to the City; and
• Addendum to previously adopted Mitigated Negative Declaration No. ND-2010-
008 (SCH2O10091052) ("Addendum") — Pursuant to the California Environmental
Quality Act ("CEQA"), the Addendum addresses reasonably foreseeable
environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 3/Parks and
Recreation (MU-H3/PR) by the City of Newport Beach General Plan and is located within
the Newport Beach Country Club Planned Community (PC-47) Zoning District;
WHEREAS, the Property is designated Mixed -Use Horizontal/Parks and
Recreation (MU-H/PR) by the Coastal Land Use Plan and is located within the Newport
Beach Country Club Planned Community (PC-47) Coastal Zone District;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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 (Planning Community
District Procedures), 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-022 (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the
City Council; and
WHEREAS, a public hearing was held by the City Council on September 27,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 19.12
(Tentative Map Review), 20.56 (Planning Community District Procedures), 20.62 (Public
Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing.
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NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council hereby approves a General Plan Amendment,
Amendment to Major Site Development Review No. SD2011-002, Amendment to Coastal
Development Permit No. CD2017-039, Amendment to Tentative Vesting Tract Map No.
NT2005-003, and Amendment to Limited Term Permit No. XP2011-004.
Section 3: An amendment to the 2006 Newport Beach General Plan Land Use
Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California
Government Code Section 65000 et seq., set forth any required findings for either
approval or denial of such amendments. Nonetheless, the GPA is consistent with the
following City of Newport Beach General Plan Land Use based upon the following:
Findings and Facts in Support of General Plan Consistency:
As part of the Approved Project, the City Council adopted Resolution No. 2012-10, which
authorized the conversion of 17 tennis courts to 27 hotel rooms along with the
redevelopment of the Property including seven remaining tennis courts. The City Council
found that the conversion of tennis courts to hotel rooms was consistent with the General
Plan based upon the revitalization to Newport/Fashion Island area where the General
Plan encourages additional hotel development and housing units, and the fact that the
conversion did not create traffic impacts. At the time of the conversion, the 17 tennis
courts generated 658 average daily trips based upon ITE Trip Generation Rates (7tn
edition), while the 27 hotel rooms generated 221 average daily trips, resulting in a net
decrease of 389 daily trips.
With the amendment to the Approved Project, Anomaly No. 46 will be modified to include
14 additional hotel rooms and one tennis court. Together, a total of 41 hotel rooms
(27+14=41 rooms) and eight tennis courts will be included in Anomaly No. 46. No change
to the 3,725-square-foot tennis clubhouse is proposed. The GPA does not include a
change in land use designation and would remain as Mixed -Use Horizontal 3/Parks and
Recreation (MU-H3/PR).
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Resolution No. 2022-
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The amendment to the Approved Project is consistent with the following General Plan
policies:
a. Land Use Element Policy LU1.1 (Unique Environment). Maintain and
enhance the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach. Locate
and design development to reflect Newport Beach's topography,
architectural diversity, and view sheds.
The Project includes an amendment to the PC-47 District regulations on the
Tennis Club site and reflects the proposed development on the Property.
PC-47 will continue to guide development occurring within the Property. The
development standards address building height, setbacks, landscaping,
and architectural character. The standards are intended to ensure that the
City's unique character is maintained through land use and architectural
diversity.
b. Land Use Element Policy LU1.2 (Citywide Identity). While recognizing
the qualities that uniquely define its neighborhoods and districts, promote
the identity of the entire City that differentiates it as a special place within
the Southern California region.
The area in which in the Property is located is characterized by a variety of
residential, commercial, and recreational land uses that reflect a range of
architectural styles, which contribute to the unique character of the City. The
intensity and architectural character of the Project are compatible with the
variety of densities and styles within the area, which are consistent with the
identity of the City. The architectural character of the Project, including the
bungalow -style hotel rooms, detached residential units, and attached
residential loft buildings, is consistent with the City's desire to differentiate
Newport Beach from other coastal cities.
c. Land Use Element Policy LU2.1 (Resident -Serving Land Uses).
Accommodate uses that support the needs of Newport Beach's residents
including housing, retail, services, employment, recreation, education,
culture, entertainment, civic engagement, and social and spiritual activity
that are in balance with community natural resources and open spaces.
The Project will continue to provide residents with recreational
opportunities, culture, entertainment, and civic engagement. The proposed
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Resolution No. 2022-
Page 6 of 26
amendment remains supportive of recreational uses by providing one
additional tennis court to the previously approved seven courts. The
amendment also includes an additional 14 hotel rooms to the previously
approved 27-unit hotel development with additional hotel amenities for club
members such as a Performance Therapy Center and Yoga Pavilion.
d. Land Use Element Policy LU.2.6 (Visitor Serving Uses). Provide uses
that serve visitors to Newport Beach's ocean, harbor, open spaces, and
other recreational assets, while integrating them to protect neighborhoods
and residents
The Project provides visitors with an updated recreational facility as it
includes a new tennis clubhouse and eight tennis courts, which includes a
stadium size court. The tennis club is adjacent to a golf course with
amenities and is within 2,000 feet from the Newport Bay. The proposed 41
hotel rooms provide additional opportunities for visitors to enjoy the tennis
club and nearby recreational activities.
e. Land Use Element Policy LU3.2 (Growth and Change). Enhance existing
neighborhoods, districts, and corridors, allowing for reuse and infill with
uses that are complementary in type, form, scale, and character. Changes
in use and/or density/intensity should be considered only in those areas that
are economically underperforming, are necessary to accommodate
Newport Beach's share of projected regional population growth, improve
the relationship and reduce commuting distance between home and jobs,
or enhance the values that distinguish Newport Beach as a special place to
live for its residents. The scale of growth and new development shall be
coordinated with the provision of adequate infrastructure and public
services, including standards for acceptable traffic level of service.
The character of the tennis club, hotel development, and residential units
are compatible with the existing land uses and development intensities of
the surrounding area. Although the additional 14 hotel rooms and one tennis
court requires amendments to adopted plans and regulations, the existing
tennis club and hotel development that are the substance of the Approved
Project are allowed under the General Plan. The Project has been designed
to be compatible with the existing residential, commercial, and recreational
uses located within the vicinity of the Project site. In addition, the
surrounding area is adequately served by existing infrastructure, including
circulation, water, sewer, and storm drainage systems. As a result, the
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Resolution No. 2022-
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implementation of the Project will not adversely affect those systems or the
provision of adequate service to nearby development.
f. Land Use Element Policy LU3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Polices 6.3.1
through 6.22.7: Fashion Island/Newport Center. expanded retail uses and
hotel rooms and development of residential in proximity to jobs and
services, while limiting increases in office development.
The Project provides enhancement to the Property, which is currently being
used exclusively as a tennis club, to include 41 hotel rooms and ancillary
uses, and five residential units. The Project retains a total of eight tennis
courts and the reconstruction of the Tennis Clubhouse. The Project will be
utilized as a recreational facility for residents, guests, and club members.
g. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate
land use development consistent with the Land Use Plan.
The Project is consistent with the designation of the General Plan Land Use
Element, which designates the Property as MU-H3/PR. The Property is
located within Anomaly No. 46, which allocates 24 tennis courts with
residential permitted in accordance with the MU-H3 designation. The GPA
includes an amendment to the Development Limit (Other) of Anomaly No.
46, to reduce the number of tennis courts to eight and to include 41 hotel
rooms.
h. Land Use Element Policy LU5.1.2 (Compatible Interfaces). Require that
the height of development in nonresidential and higher -density residential
areas transition as it nears lower -density residential areas to minimize
conflicts at the interface between the different types of development.
Although the Property is not located adjacent to lower density residential
development, the Project has been designed to respect the proximity of the
existing residential development adjacent to the Property. The amended
PC-47 prescribes maximum building heights and setback requirements for
each of the development components to ensure land use compatibility.
Building heights for the proposed structures will range from 46 feet for the
attached residential loft buildings, 39 feet for the detached residential units,
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Resolution No. 2022-
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31 feet for the hotel rooms, and 30 feet for the Tennis Clubhouse, which are
within the maximum 50-foot building height allowed by PC-47.
Land Use Element Policy LU (5.3.3). 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 5.1.9 and
5.2.1 and planned to assure compatibility among the uses and provide
adequate circulation and parking. 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.
The Project includes one additional tennis court to the tennis club, 41 hotel
rooms, two single-family residences, and two residential condominium
units. The Project provides adequate parking for each of the proposed uses.
Vehicular and pedestrian circulation has been designed to accommodate
the residents, as well as guests and members of the tennis club and hotel
development. The architectural character of the uses is defined in PC-47 to
ensure that compatibility between proposed uses and the surrounding area
is maintained.
f Land Use Element Policy LU5.3.4 (Districts Integrating Residential and
Nonresidential 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.
Each of the uses has been designed to complement the overall Project. The
uses are connected by the vehicular and pedestrian circulation system,
including sidewalks and pedestrian pathways. Land use compatibility is
achieved through a common landscape theme and design guidelines in PC-
47 to ensure that the architectural integrity of the Project is not
compromised.
k. Land Use Element Policy LU6.14.2 (Newport Center). Provide the
opportunity for limited residential, hotel, and office development in
accordance with the limits specified by Tables LU1 and LU2.
The Project has a mix of land uses including single-family residential,
attached residential condominiums, recreational tennis club facilities, and
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Resolution No. 2022-
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visitor -serving commercial uses. These uses are permitted in Table LU1
under the MU-H3/PR land use designation. The GPA proposes to amend
the development limits of Table LU2 to include eight tennis courts and 41
hotel rooms.
1. Land Use Element Policy LU6.14.6 (Pedestrian Connectivity and
Amenity). 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.
The Project provides for both pedestrian and vehicular access within the
Property. Sidewalks and pedestrian pathways are incorporated into the
circulation system that are intended to accommodate pedestrians utilizing
the tennis club, hotel facilities, and future residents. A landscape plan has
been provided which includes plant materials that are intended to reflect
and complement the existing character within the project area.
Tribal Consultation Finding:
Pursuant to California Government Code Section 65352.3 (SB18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Fact in Support of Finding of Consistency:
The City received comments from the NAHC indicating that 12 tribal contacts should be
provided notice regarding the proposed amendment. The tribal contacts were provided
notice on June 9, 2022. California Government Code Section 65352.3 requires
notification 90 days prior to Council action to allow tribal contacts to respond to the request
to consult. The Project will not be heard by the City Council until the 90-day period expires
on September 7, 2022.
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Section 4: Charter Section 423 requires voter approval of any major General
Plan amendment to the General Plan. A major General Plan amendment is one that
significantly increases allowed density or intensity by 40,000 square feet of non-
residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM),
or increases residential dwelling units by 100 units. These thresholds apply to the total
of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support Finding of Consistency with Charter Section 423:
1. The Property is within Statistical Area L1. Prior amendments within the past ten
years are Vivante Senior Housing and Residences at Newport Center. Charter
Section 423 counts 80 percent of prior increases, which results in a cumulative
increase of 94 dwelling units, 23 AM trips, and 43 PM trips between both projects.
There were no square footage increases.
2. The GPA results in an increase of 14,000 square feet (at the rate of 1,000 square
feet per hotel unit) of non-residential floor area, 9.51 AM trips, and 12.42 PM trips.
When combined with 80 percent of the prior increases, this results in cumulative
increases of 14,000 square feet of non-residential floor area, 32.51 AM trips, and
55.42 PM trips. As none of the thresholds specified by Charter Section 423 are
exceeded, no vote of the electorate is required if the City Council chooses to
approve the GPA.
Section 5: On January 24, 2012, the City Council approved Site Development
Review No. SD2011-002, which authorized the construction of Approved Project. The
proposed changes to the Approved Project, necessitate an amendment to the SDA.
In accordance with Section 4.0 of the Newport Beach Country Club Planned Community
(PC-47) (Site Development Review), the following findings and facts in support of
Amendment to Site Development Review No. SD2011-002 are set forth as follows:
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Finding of Consistency with Section 4.3(1):
The Site Development Plan shall be in compliance with all other provisions of the Newport
Beach Country Club Planned Community Development Plan.
Facts in Support of Finding of Consistency with Section 4.30 ):
1. PC-47 requires that a site development review process to be completed for
construction of any new major building structure located on the subject site and
would require consideration and approval by the Planning Commission prior to the
issuance of grading or building permits. An amendment to the previously approved
site development review has been submitted for the Property and meets provisions
stated in the draft PCDP and thereby meets the intent specified in Section
20.52.080 (Planning and Zoning, Permit Review Procedures, Site Development
Reviews) of the NBMC.
2. The Project includes an amendment to the PC-47 to incorporate revisions to the
Approved Project. These revisions include the addition of one tennis court, the
addition of 14 hotel rooms, and the conversion of three single-family residences to
residential condominium units. Should the PC-47 amendment be approved, the
SDA complies with all provisions of the PC-47, as the proposed development
complies with all development criteria specified in the PC-47 in order to provide a
coordinated, cohesive, and comprehensive large-scale planning project.
Findinq of Consistency with Section 4.3(2):
The Site Development Plan shall be compatible with the character of the neighboring
uses and surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City.
Fact in Support of Finding of Consistency with Section 4.3(2):
The architecture, landscaping components, circulation design, and all other project
components reflected in the SDR are compatible with the character of the neighboring
uses and surrounding sites. The additional 14 hotel rooms and attached residential
condominium buildings are of similar architectural style to the Approved Project's
bungalow -styled rooms. As a result, the Project is not detrimental to the orderly and
harmonious development of the surroundings and the City.
Findinq of Consistency with Section 4.3(3):
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The Site Development Plan shall be sited and designed to maximize of aesthetic quality
of the Newport Beach Country Club Planned Community Development Plan as viewed
from surrounding roadways and properties, with special consideration given to the mass
and bulk of buildings and the streetscape on East Coast Highway.
Facts in Support of Finding of Consistency with Section 4.3(3):
1. The Property is separated from East Coast Highway by a commercial office plaza
which comprises of three two-story office buildings (1200 Newport Center Drive).
The office plaza includes landscaping along East Coast Highway with trees and
various plantings. The Newport Beach Country Club golf clubhouse is located
approximately 150 feet west of the Property. Additionally, the Property is
approximately 250 feet from East Coast Highway and is not visible to motorists
travelling on the street.
2. The Project is designed consistent with the Approved Project's architectural style
with landscaping, circulation, signage and other components which visually
connect the tennis clubhouse and attached residential structures to the smaller
structures such as the hotel rooms and single-family residences. Therefore, the
aesthetic quality of PC-47 is continued to be maximized as viewed from the
surrounding roadways and properties.
3. The Project seeks to add additional hotel rooms, ancillary hotel uses, and attached
residential buildings to the Property. However, the overall footprint of the Project is
not expanding and will not affect the mass of the Project as viewed from
surrounding roadways and properties.
Finding of Consistency with Section 4.3(4):
Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways,
landscaping and other site features shall give proper consideration to functional aspects
of site development.
Facts in Support of Finding of Consistency with Section 4.3(4):
1. The site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping, and other site features maximizes the functionality of
the proposed uses, while avoiding conflicts between uses and activities. The
Project's multiple components (tennis club, residential, and hotel) have been
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designed and sited to function cohesively not only with each other, but also with
the adjacent existing golf course uses.
2. The Project promotes additional functionality between residential and hotel
components, as residential condominiums are attached to hotel rooms in two
separate loft buildings. Underground parking is provided in the loft buildings, with
additional street parking and parking lots to serve hotel and tennis club guests.
Each of the two single-family residences provide a two -car garage to serve its
residents.
Section 6: On April 10, 2013, the California Coastal Commission, which had
permitting jurisdiction for coastal development permits at the time, issued a notice of intent
to issue CDP No. 5-12-160 for the Approved Project. A one (1)-year extension was
granted on June 2, 2015. However, the CDP subsequently expired. The City obtained
CDP permitting authority in January of 2017. On November 20, 2018, the City's Zoning
Administrator approved the CDP, which authorized the redevelopment of the Approved
Project. The Project requires an amendment to Coastal Development Permit No.
CD2017-039.
In accordance with Section 21.52.015(F) (Local Coastal Program Implementation Plan,
Coastal Development Permits, Findings and Decisions) the following findings and facts
in support of Amendment to Coastal Development Permit No. CD2017-039 are set forth
as follows:
Findinq of Consistency with Section 21.52.015(F)(1):
Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding of Consistency with Section 21.52.015(F)(1):
1. The Coastal Land Use Plan designates the Tennis Club site as Mixed -Use
Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land
Use Plan allows the horizontal intermixing of hotel rooms, single-family residences,
attached residential condominiums, and tennis club facilities on the project site
(formerly known/referenced as the Balboa Bay Tennis Club). Permitted uses
include those permitted by the MU-H and PR land use designations. A complete
consistency analysis of each of the applicable Coastal Land Use Plan policies is
included in Table 11 of the Land Use and Planning Section of the previously
adopted MND, pages 82 through 87, as well as in Table 5-5 of the Land Use and
Planning Section of Addendum to the MND. Furthermore, facts have been
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provided in this resolution which support the proposed amendment to the Local
Coastal Program Implementation Plan. In summary, the Project is consistent with
the Coastal Land Use Plan.
2. The MU-H coastal land use designation identifies a maximum density/intensity limit
of 1.5 floor area ratio ("FAR"), with a minimum FAR of 0.25 and a maximum FAR
of 0.5 for retail uses and a maximum of 1.0 for residential. The Project proposes
65,595 square feet of nonresidential floor area (approximately 0.21 FAR) for the
hotel rooms, concierge & guest center, and ancillary hotel uses which include a
performance therapy center, yoga pavilion, office, common area, and a spa and
fitness center. Additionally, five residential dwelling units totaling 20,653 square
feet (approximately 0.06 FAR). The proposed density/intensity of the hotel and
single-family units comply with the FAR limitations identified in the Coastal Land
Use Plan.
3. The PR category applies to land used or proposed for active public or private
recreational use. Permitted uses include parks (both active and passive), golf
courses, marina support facilities, aquatic facilities, tennis clubs and courts, private
recreation, and similar facilities. The PR designation on the Property is applicable
to the existing and proposed private tennis club and tennis courts. The
density/intensity limitations include incidental buildings, such as maintenance
equipment sheds, supply storage, and restrooms, not included in determining
intensity limits. The proposed tennis club and ancillary uses are consistent with
this land use designation.
4. The Property is part of the 145-acre planned community (PC-47), which has been
adopted to regulate developments within the Property and the adjacent Golf Club
Site, and is in conformance with the Coastal Land Use Plan designation pursuant
to Section 21.26.055(S)(2) of the NBMC.
5. The Project conforms to all applicable development standards in the proposed
amendment to PC-47, including density/intensity, setbacks, building heights, and
parking.
6. The Property is not located in an area known for the potential of seismic activity or
liquefaction. All projects are required to comply with the California Building Code
("CBC") and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans
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are reviewed for compliance with approved investigations and CBC prior to
building permit issuance.
7. Elevations on the Property range from 104 feet up to 120 feet North American
Vertical Datum of 1988 (NAVD88) above mean sea level. These site elevations
are well above projected sea level rise in Newport Bay for the next 75 years and
the site is not subjected to other coastal hazards.
8. The Project is required to develop and implement a Stormwater Pollution
Prevention Plan ("SWPPP") since the Project involves clearing, grading, and
ground disturbance of more than one acre. Pursuant to Section 21.35.030 (Local
Coastal Program Implementation Plan, Water Quality Control, Construction
Pollution Prevention Plan) of the NBMC, when a SWPPP is required, a
Construction Pollution Prevention Plan ("CPPP") is required to implement
temporary Best Management Practices ("BMP") during construction to minimize
erosion and sedimentation and to minimize pollution of runoff and coastal waters
derived from construction chemicals and materials. A CPPP has been prepared
and will be reviewed by the City's Engineer Geologist prior to issuance of
grading/building permits for site grading. Construction plans and activities will be
required to adhere to the approved CPPP/SWPPP.
9. A Water Quality and Hydrology Plan ("WQHP") is required Pursuant to Section
21.35.050 (Local Coastal Program Implementation Plan, Water Quality Control,
Water Quality and Hydrology Plan) of the NBMC since the Project is considered a
development of water quality concern and includes the development of five
dwelling units, more than 10,000 square feet of impervious surface area, and a
parking area in excess of 5,000 square feet. The WQHP/WQMP will be reviewed
and approved by the City's Engineer Geologist prior to the issuance of building
permits for site grading. The WQHP/WQMP includes a polluted runoff and
hydrologic site characterization, a description of site design BMP, and
documentation of the expected effectiveness of the proposed BMP. Construction
plans will be reviewed for compliance with the approved WQHP/WQMP prior to
building permit issuance.
10. An Analysis of the Fiscal and Economic Impacts was prepared on August 29, 2022,
by Kosmont Companies to analyze the construction of new visitor
accommodations in the coastal zone in accordance with Section 21.48.025 (Local
Coastal Program Implementation Plan, Standards for Specific Land Uses, Visitor
Accommodations) of the NBMC. The report provides a feasibility analysis stating
that the anticipated average daily room rate for all 41 rooms is approximately $920
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and the statewide average daily room rate is $205.69. Therefore, the proposed
accommodations are not considered lower cost accommodations. The report
considers the specific location of the Property as an inappropriate location for low
cost accommodations. Additionally, low cost accommodations are not feasible due
to prohibitive land and construction costs. The Property does not currently provide
accommodations of any kind and implementation of the Project would not impact
low-cost accommodations. While the Project does not include any lower cost
rooms, and the Local Coastal Program Implementation Plan defines it as an
impact, there is no impact on the provision of lower -cost visitor accommodations
in the Coastal Zone. The Project features larger guest facilities to accommodate a
higher occupancy per room, kitchens in a majority of the hotel rooms, and separate
living rooms with sofa beds, all which offset higher costs of accommodations.
Finding of Consistency with Section 21.52.015(F)(2):
Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding of Consistency with Section 21.52.015(F)(2):
1. The Property is not located between the nearest public road and the sea or
shoreline. The Property will not affect the public's ability to gain access to, use,
and/or view the coast and nearby recreational facilities. Vertical access to Newport
Bay is available via existing public access at 1601 Bayside Drive, which is located
approximately 1,600 feet southwest of the subject property.
2. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the
closest public view road as Newport Center Drive, located approximately 170 feet
east of the Property and the closest public viewpoint as Irvine Terrace Park,
located 525 feet south of the Property. Coastal views from these view corridors
and viewpoints are directed toward the Newport Bay and the Pacific Ocean. Since
the Property is located to the north of Irvine Terrace Park, the Project will not affect
coastal views due to its orientation. From Newport Center Drive, there is a zero to
40-foot grade difference to the project area below. The maximum height allowed
in PC-47 is 50 feet for the attached condominium lofts, 39 feet for the two single-
family villas, 30 feet for the tennis clubhouse, and 31 feet for the hotel rooms.
Therefore, the majority of the Project would sit below the existing grade elevations
along Newport Center Drive, minimizing the visibility of the project site and would
not obstruct public coastal views. During construction, construction equipment
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would be obscured by vegetation and the grade differential so it would not obstruct
coastal views from motorists traveling along Newport Center Drive. The Project will
not impact coastal views.
Section 7: On January 24, 2012, the City Council approved Tentative Vesting
Tract Map No. 15347, which authorized the creation of seven separate lots for the tennis
club, five single-family residences, and 27 hotel rooms, and lettered lots for common
areas and a private street. The Applicant proposes an amendment to the vesting tentative
tract map to accommodate the Project, which consists of two single -unit residential
dwellings, three residential condominiums, 41 hotel rooms, a tennis clubhouse, their
common open space areas and a private street to support the proposed uses. The TVMA
reflects the combination of two previously divided lots which were intended for two
detached single-family residences. This results in the elimination of one lot for a total of
six separate lots. No changes to the lots created for common areas and a private street
are proposed. The map of the VTMA has also been modified to include residential
condominium portion of the Project.
In accordance with Section 19.12.070 (Subdivisions, Tentative Map Review, Required
Findings for Action on Tentative Maps) the following findings and facts in support of
Tentative Vesting Tract Map Amendment No. NT2005-003 are set forth as follows:
Finding of Consistency with Section 19.12.070(A)(1):
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 applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(1):
1. The Project is consistent with the MU-H3/PR General Plan designation of the
Property.
2. The Public Works Department has reviewed the proposed revisions to the
approved vesting tentative tract map and determined it is consistent with the Title
19 (Subdivisions) of the NBMC and applicable requirements of the Subdivision
Map Act set forth in California Government Code Section 664410 et seq.
3. Conditions of approval have been included to ensure compliance with Title 19
(Subdivisions) of the NBMC.
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Finding of Consistency with Section 19.12.070(A)(2):
That the site is physically suitable for the type and density of development.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(2):
1. The Property is entirely developed and does not support any environmental
resources.
2. The Property is located in the Newport Center and Fashion Island area. The
Property is currently improved with a private tennis club. Given its location, this site
is ideal for the development of a recreation and mixed -use project as allowed by
the General Plan Land Use Element.
Finding of Consistency with Section 19.12.070(A)(3):
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. 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.
Fact in Support of Finding of Consistency with Section 19.12.070(A)(3):
An Addendum to the MND has been prepared and concludes that no significant
environmental impacts will result from the Project in accordance with the proposed
subdivision map revision.
Finding of Consistency with Section 19.12.070(A)(4):
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 of Consistency with Section 19.12 070(A)(4):
1. The VTMA is required for the subdivision of parcels in order to accommodate the
development of the tennis club and courts, two single -unit residential dwellings,
and 41 hotel rooms on the Property. All construction for the project will comply with
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all Building, Public Works, and Fire Codes, which are in place to prevent serious
public health problems. Public improvements will be required of the developer per
Section 19.28.010 of the NBMC and Section 66411 of the Subdivision Map Act.
Compliance with all ordinances of the City and all conditions of approval for the
Project will ensure that the Project will not cause any serious health problems.
2. All mitigation measures will be implemented as outlined in the Addendum to the MND
to ensure the protection of the public health.
3. No evidence is known to exist that would indicate that the planned subdivision pattern
will generate any serious public health problems.
Finding of Consistency with Section 19.12.070(A)(5):
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 easements 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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(5):
1. The design of the Project will not conflict with any easements acquired by the public
at large for access through or use of property within the Property.
2. An easement through the Property will be retained by the City to sewer and utilities
purposes.
3. No other public easements for access through or use of the Property have been
retained for use by the public at large.
Finding of Consistency with Section 19.12.070(A)(6):
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
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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 of Consistency with Section 19.12.070(A)(6):
The Property is not subject to the Williamson Act since the Property is not considered an
agricultural preserve and is less than 100 acres.
Finding of Consistency with Section 19.12.070(A)(7):
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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(7):
1. The Property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
2. The Property is not located within a specific plan area.
Finding of Consistency with Section 19.12.070(A)(8):
That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(8):
The VTMA and improvements are subject to Title 24 of the California Code of Regulations
("California Building Standards Code") that requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The Newport
Beach Building Division enforces the California Building Standards Code and will ensure
compliance through the plan check and inspection process.
Finding of Consistency with Section 19.12.070(A)(9):
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
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public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(9):
1. The proposed amendment to Vesting Tentative Tract Map 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. The
Project does not involve the elimination of residential rooms and therefore will not
affect the City's ability to meet its share of housing needs.
2. Public services are available to serve the Project and the Addendum to the MND
prepared for the Project indicates that the Project's potential environmental
impacts are properly mitigated.
Finding of Consistency with Section 19.12.070(A)(10):
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 of Consistency with Section 19.12.070(A)(10):
1. Waste discharge into the existing sewer system will be not violate Regional Water
Quality Control Board ("RWQCB") requirements.
2. Sewer connections have been conditioned to be installed per City Standards, the
applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest
revision of the Uniform Plumbing Code.
Findinq of Consistency with Section 19.12.070(A)(11):
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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(11):
1. The Property is located in the coastal zone and subject to a coastal development
permit.
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2. The Property does not have access to any beaches, shoreline, coastal waters,
tidelands, coastal parks or trails.
3. Facts in Support of Finding of Consistency with Sections 19.12.070(A)(5) and
(A)(6) are hereby incorporated by reference.
Section 8: In accordance with Section 20.52.040 (Planning and Zoning, Permit
Review Procedures, Limited Term Permits) the following findings and facts in support of
Amendment to Limited Term Permit XP2011-004 are set forth as follows:
Finding of Consistency with Section 20.52.040(G)(1):
The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use.
Facts in Support of Finding of Consistency with Section 20.52.040(G)(1):
1. The limited term permit will allow two temporary modular trailers and portable
toilets. Both modular trailers are approximately 33 feet long and 13 feet wide. One
modular trailer is proposed to be used as a construction office located at the
southwest portion of the Property and will be staged at this location through the
entire duration of the Project. The second modular office is proposed to be used
as a temporary office for tennis club operations and will be located on the easterly
portion of the Property through the construction phase of the project
(approximately 16 months after construction begins). The portable toilets are
proposed to serve the temporary tennis club office and located nearby.
2. The operation of the temporary modular trailers is proposed to exceed 90 days
from the date of the permit. The construction office is proposed to be staged for
the duration of all construction activities, which is estimated to be approximately
20 months. The tennis club office is proposed to be staged for approximately 16
months, and will be removed upon completion of the Project.
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Finding of Consistency with Section 20.52.040(G)(2):
The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent to
and in the vicinity of the lot.
Fact in Support of Finding of Consistency with Section 20.52.040(G)(2):
The Property is approximately seven acres in size. Based on the construction phasing
plan, there is adequate area to accommodate the proposed modular trailers and portable
toilets throughout the various phases of construction. The construction trailer will be
located within an area which is fenced off from public view and access.
Findinq of Consistency with Section 20.52.040(G)(3):
The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate.
Facts in Support of Finding of Consistency with Section 20.52.040(G)(3):
1. The Property has an existing parking lot with two entrances currently taken from
Clubhouse Drive, which has a westerly outlet to East Coast Highway and an
easterly outlet to Granville Drive and Newport Center Drive.
2. During the various phases of construction, the easterly entrance to the parking lot
will remain available to the public for parking and will provide direct access for the
modular office trailer and portable toilets, while the westerly entrance will be for
construction access only. The construction trailer is intended for construction use
only and not for the public. There are no traffic issues anticipated.
Finding of Consistency with Section 20.52.040(G)(4):
Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on -site or at alternate locations acceptable to the
Zoning Administrator.
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Facts in Support of Finding of Consistency with Section 20.52.040(G)(4):
1. The proposed trailers will not create additional parking demand since it will be
utilized as offices for construction activities and employees displaced during the
renovation of the tennis clubhouse.
2. A portion of the existing parking lot will remain, with access available on the
easterly side of the lot from Granville Drive and Newport Center Drive. The
remaining parking lot provides adequate parking for employees and members of
the tennis club.
Finding of Consistency with Section 20.52.040(G)(5):
The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding of Consistency with Section 20.52.040(G)(5):
1. The temporary trailers are conditioned to comply with all applicable provisions of
the General Plan, Municipal Code, and other City regulations.
2. The Property is not located within a specific plan area.
Section 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: 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.
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Section 11: An Addendum to Mitigated Negative Declaration No. ND2010-008
(MND) was prepared for the Project in compliance with the California Environmental
Quality Act ("CEQA") set forth in California Public Resources Code Section 2100 et seq.;
CEQA's implementing regulations set forth in CCR Title 14, Division 6 Chapter 3 ("CEQA
Guidelines") and City Council Policy K-3 (Implementation Procedures for the California
Environmental Quality Act) to ensure that the Project will not result in new or increased
environmental impacts. On the basis of the MND and entire environmental review record,
the additional tennis court, hotel rooms, ancillary hotel uses, and conversion of three
single-family residences to condominium units will not result in any new significant
impacts that were not previously analyzed in the MND. The Addendum confirms and
provides substantial evidence that the potential impacts associated with this Project would
either be the same or less than those described in the MND, or as mitigated by applicable
mitigation measures in the MND. In addition, there are no substantial changes to the
circumstances under which the Project would be undertaken that would result in new or
more severe environmental impacts than previously addressed in either the MND, nor
has any new information regarding the potential for new or more severe significant
environmental impacts been identified. Therefore, in accordance with Section 15164 of
the CEQA Guidelines, the City Council adopted Resolution No. 2022- , thereby
adopting an addendum to the previously adopted MND. Resolution 2022- , including
all findings contained therein, is hereby incorporated by reference.
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Resolution No. 2022-
Page 26 of 26
Section 12: 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 27th day of September, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Z,--
Aaro C. Harp
City A orney
Attachment(s): Exhibit "A" - General Plan Amendment for the Tennis Club at
Newport Beach
Exhibit "B" - Conditions of Approval for the Tennis Club at Newport
Beach
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EXHIBIT "A"
GENERAL PLAN AMENDMENT FOR THE TENNIS CLUB AT NEWPORT BEACH
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Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (sf)
Development
Limit (Other)
Additional Information
46
L1
MU-H3/PR
3,725
8 Tennis Courts
Residential permitted in
accordance with MU-
H3
41 Hotel
Rooms*
*27 rooms converted
from 17 tennis courts
per Council Resolution
2012-10 and 14 rooms
per General Plan
Amendment PA2022-
260
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EXHIBIT "B"
CONDITIONS OF APPROVAL FOR THE TENNIS CLUB AT NEWPORT BEACH
(Project -specific conditions are in italics)
Planning Division
The project shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. The project is subject to compliance with all applicable submittals approved by the
City of Newport Beach ("City") and all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
3. Notwithstanding the legislative actions (ie. General Plan Amendment, Planned
Community Development Plan, and Local Coastal Program Amendment) activities
reviewed under Planning Activity No. PA2021-260 shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.54.060 of the
Newport Beach Municipal Code, unless an extension is otherwise granted by the City
for a period of time provided for in the Development Agreement pursuant to the
provisions of California Government Code Section 66452.6(a).
4. The Vesting Tentative Tract Map Amendment, as reviewed under Planning Activity
No. PA2021-260, shall expire in accordance with the Subdivision Code, unless an
extension is otherwise granted consistent with the Subdivision Code and Subdivision
Map Act. The expiration date shall be extended for the unexpired term of the Second
Amendment to Development Agreement between City of Newport Beach and Golf
Realty Fund.
5. The project shall consist of the followings.
a. Tennis Club. A 3,725 square -foot tennis clubhouse and eight (8) tennis courts;
b. Hotel: Forty-one (41) hotel rooms of 47,484 square feet, a 2,200 square -foot
concierge and guest meeting facility, a 7,500 square -foot spa/fitness center,
and 4,686 square feet of ancillary uses; and
c. Residential. two (2) single-family units and three (3) condominium units
6. Pickleball courts shall not be permitted after the issuance of a Certificate of
Occupancy for the Tennis Clubhouse and Spa and Fitness Center unless the
property owner and/or pickleball facility operator follows any and all City of Newport
Beach General Plan, Municipal Code, or other applicable requirements in order to
continue the use of pickleball courts.
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7. The project shall be subject to all applicable development standards prescribed in
Planned Community Development Plan Amendment, as reviewed under Planning
Activity No. PA2021-260, for the Tennis Club site, such as but not limited to,
building height, building setbacks, parking, lighting, sign standards, etc.
8. Upon the effective date of Local Coastal Program Implementation Plan
Amendment, as reviewed under Planning Activity No. PA2021-260, Site
Development Permit No. SD2011-002, Limited Term Permit No. XP2011-004, and
Vesting Tentative Map No. NT2005-003, approved for the Approved Project, shall
be deemed of no further force.
9. The temporary modular building to accommodate on -going tennis club operation
during the construction of new tennis clubhouse shall be located on the existing
tennis courts, shall not interfere with the construction activities or parking, and shall
be removed from the project site upon completion/occupancy of the new
clubhouse.
10. Prior to the issuance of a building permit, the applicant shall pay all applicable
development fees (i.e. school, park in -lieu, transportation corridor agency), unless
otherwise addressed separately in the Development Agreement.
11. Prior to recordation of the Final Tract Map and the issuance of building permits,
the Final Tract Map shall be signed by all of the current record owners of the
property, which presently include: (1) Elliot Feuerstein as Managing Member of
Mesa Shopping Center -West LLC; (2) Elliot Feuerstein as Managing Member of
Mesa Shopping Center -East LLC; (3) Irving Chase as General Partner of Fainbarg
111 L.P.; and (4) Robert O Hill as Executive Director of Golf Realty Fund LP.
12. Any substantial change to the approved plans, shall require an amendment to all
non -legislative activities reviewed under Planning Activity No. PA2021-260, or the
processing of new permits.
13. This Site Development Review, Coastal Development Permit, and Limited Term
Permit may be modified or revoked by the City Council or Planning Commission
should they determine that the proposed development, uses, and/or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
14. A copy of the Resolution, including conditions of approval Exhibit "F" shall be
incorporated into the Building Division and field sets of plans prior to issuance of
the building permits.
15. Prior to the issuance of a building permit, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Site Development Review file. The plans shall be identical to those approved by
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all City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches.
The plans shall accurately depict the elements approved by this Site Development
Review and shall highlight the approved elements such that they are readily
discernible from other elements of the plans.
16. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Division.
17. All landscape materials and irrigation systems shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
18. Prior to the final of issuance of a certificate of occupancy, the applicant shall
schedule an inspection by the Planning Division to confirm that all landscaping was
installed in accordance with the approved plan.
19. Prior to the issuance of a building permit, the applicant shall prepare photometric
study in conjunction with a final lighting plan for approval by the Planning Division.
The survey shall show that lighting values are "1" or less at all property lines.
20. Lighting shall be in compliance with applicable standards of Planned Community
Development Plan Amendment, as reviewed under Planning Activity No. PA2021-
260 and Section 20.30.070 of the Newport Beach Municipal Code. Exterior on -site
lighting shall be shielded and confined within site boundaries. No direct rays or
glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" and up -lighting type fixtures are not permitted. Parking area
lighting shall have zero cut-off fixtures.
21. The entire project shall not be excessively illuminated based on the outdoor lighting
standards contained within Section 20.30.070 of the Newport Beach Municipal
Code, or, if in the opinion of the Community Development Director, the illumination
creates an unacceptable negative impact on surrounding land uses or
environmental resources. The Community Development Director may order the
dimming of light sources or other remediation upon finding that the site is
excessively illuminated.
22. Prior to the final of issuance of a certificate of occupancy or final of building permits
for each component of the project (i.e. residential, hotel, or tennis club), the
applicant shall schedule an evening inspection by the Code Enforcement Division
to confirm control of all lighting sources.
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23. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
24. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code. The maximum noise shall be limited to no more than
depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
25. The construction and equipment staging area for each phase of the project shall
be located in the least visually prominent area on the site and shall be properly
maintained and/or screened to minimize potential unsightly conditions.
26. A screen and security fence that is a minimum of six feet high shall be placed
around the construction site during construction for each phase of the project.
27. Construction equipment and materials shall be properly stored on the site when
not in use for each phase of the project.
28. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
29. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities
that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating
construction activities are not allowed on Sundays or Holidays.
30. Deliveries and refuse collection for the facility shall be prohibited between the hours
of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of
10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise
approved by the Director of Community Development.
31. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
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form of on -site media broadcast, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
32. All proposed signs shall be in conformance with the provision of the Planned
Community Development Plan Amendment, as reviewed under Planning Activity No.
PA2021-260, and Chapter 20.42 of the Newport Beach Municipal Code and shall be
reviewed and approved by the City Traffic Engineer if located adjacent to the
vehicular ingress and egress.
33. The final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110-L to ensure that adequate vehicular sight distance is
provided.
34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of The Tennis
at Newport Beach Project Amendment including, but not limited to, General Plan
Amendment, Local Coastal Land Use Plan Amendment, Planned Community
Development Plan Amendment, Amendment to Major Site Development
Review No. SD2011-002, Amendment to Coastal Development Permit No.
CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005-003,
Amendment to Limited Term Permit No. XP2011-004, & Second Amendment
to Development Agreement No. DA2008-001(PA2021-260). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in
enforcing the indemnification provisions set forth in this condition. The applicant shall
pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Fire Department
35. An automatic fire sprinkler system shall be required for the residential and hotel
components of the project.
36. A fire alarm system shall be required for the hotel component of the project.
37. A Fire Master Plan shall be submitted to the Fire Prevention Division for approval.
The plan shall include information on the following (but not limited to) subjects: fire
department vehicle access to the project site, secondary emergency vehicle
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access, firefighter access (hose pull) around structures, fire lane identification,
location of fire hydrants and other fire department appliances, and the location and
type of gates or barriers that restrict ingress/egress.
38. All portions of the perimeter of all structures shall be located within 150' of a fire
lane as measured along an approved route. A portion of the proposed structure
exceeding this distance is considered "out of access" and shall be corrected during
plan check review by one of the following methods:
a. Provide additional fire lanes to bring the entire structure "in access", or
b. Propose an alternate form of mitigation via the Alternate Methods and
Materials provisions of the fire code for the Fire Marshal's review. There is
no guarantee that the Alternate Methods and Materials proposal will be
approved as proposed.
39. Fire department access roads shall comply with Newport Beach Fire Guidelines
C.01 and C.02.
40. Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of
this section and shall extend to within 150 feet (45 720 mm) of all portions of the
facility and all portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the building or facility.
41. An approved water supply capable of supplying the required fire flow for fire
protection shall be provided to the premises. Fire -flow requirements for buildings
or portions of buildings and facilities shall be determined by Appendix B of the 2019
California Fire Code.
42. Fire hydrants shall be spaced along fire department access roads in compliance
with the 2019 California Fire Code Appendix C.
43. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the facility
or building, on -site fire hydrants and mains shall be provided.
44. Additional facilities or changes to the current facilities shall require submitted plans
to the Newport Beach Fire Prevention Division for all changes, additions and
modifications to existing or new fire protection systems.
45. The use or storage of portable propane heaters shall be prohibited. Heaters for
future outdoor areas shall be fixed and plumbed with natural gas.
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46. All fire hydrants and fire access road shall be installed and approved by the Fire
Department prior to the delivery of combustible material on site.
Building Division
47. Pursuant to CBC Chapter 1, Division 1.9, all temporary construction trailers, modular
office buildings, and safe pedestrian passageways around the construction sites shall
be disabled accessible.
48. All temporary modular office buildings shall be approved by the State of California for
the proposed use.
49. Foundations for temporary construction trailers and modular office buildings shall be
designed to provide anchorage for these structures against seismic and wind loads;
and provided with temporary utility connections.
50. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City -adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements. Approval from the
Orange County Health Department is required prior to the issuance of a building
permit.
51. The applicant shall employ the following best available control measures
("BACMs") to reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging
areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment.
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Off -Site Impacts
• Encourage car-pooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any
day to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent (10%) soil moisture
content in the top six-inch surface layer, subject to review/discretion of the
geotechnical engineer.
52. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the City with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
53. Prior to the issuance of a grading permit, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur, and must show amount of stormwater retained prior to going
into the proprietary filtration system.
54. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may
include frequent parking area vacuum truck sweeping, removal of wastes or spills,
limited use of harmful fertilizers or pesticides, and the diversion of storm water
15-57
away from potential sources of pollution (e.g., trash receptacles and parking
structures). The Stage 2 WQMP shall list and describe all structural and non-
structural BMPs. In addition, the WQMP must also identify the entity responsible
for the long-term inspection, maintenance, and funding for all structural (and if
applicable Treatment Control) BMPs.
Public Works Department
55. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all
necessary pertinent information and details such as easement limits and
descriptions; annotated lot lines, centerlines, and boundary lines; signature
certificates; curve and line tables; etc.
56. The Final Tract Map shall be prepared on the California coordinate system
(NAD88). Prior to Map recordation, 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 the Orange County Subdivision Code and
Orange County Subdivision Manual. The Final Tract Map to be submitted to the
City of Newport Beach shall comply with the City's CADD Standards.
Scanned images will not be accepted.
57. Prior to recordation, the Final Map boundary shall be tied onto 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 City
Engineer. Monuments shall be protected in place if installed prior to completion of
construction project.
58. A hydrology and hydraulic study and a master plan of water, sewer and storm drain
facilities for the on -site improvements shall be prepared by the applicant and
approved by the Public Works Department prior to Final Tract Map recordation.
59. Easements for public emergency and security ingress/egress, weekly refuse
service, and public utility purposes on all private streets shall be dedicated to the
City.
60. No structures shall be constructed within the limits of any utility easements.
61. All easements shall be recorded as a part of the Final Tract Map.
62. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
63. Construction surety in a form acceptable to the City, guaranteeing the completion
of the various required public improvements, shall be submitted to the Public
Works Department prior to the City approval of the Final Tract Map.
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64. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All plan sheets shall be sealed and signed by the
California licensed professionals responsible for the designs shown on the Plans.
65. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
66. All storm drains and sanitary sewer mains shall be installed with MacWrap.
67. All runoff discharges shall comply with the City's water quality and on -site non -
storm runoff retention requirements.
68. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway
pavement, traffic detector loops, traffic signal devices, and street trees shall be
installed along the development's Coast Highway frontage.
69. Public improvements may be required along the development's Granville Drive
frontage upon building permit plan check submittal.
70. All on -site drainage, sanitary sewer, water and electrical systems shall be privately
owned, operated, and maintained. The water system shall be owned operate and
maintained by the City.
71. All curb return radii shall be 5-feet (5') minimum.
72. Each detached residential dwelling unit or bungalow building shall be served with
an individual water service and sewer lateral connection.
73. All overhead utilities serving the entire proposed development shall be made
underground.
74. ADA compliant curb ramps shall be installed within the interior parking area.
75. The intersection of the public streets, internal roadways, and drive aisle shall be
designed to provide adequate sight distance per City of Newport Beach Standard
Drawing Standard105. Slopes, landscaping, walls, signs, and other obstructions
shall be considered in the sight distance requirements. Landscaping within the
sight lines (sight cone) shall not exceed 24-inches in height and the monument
identification sign must be located outside the line of sight cone. The sight distance
may be modified at non -critical locations, subject to approval by the Traffic
Engineer.
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76. Any damage to public improvements within the public right-of-way attributable to
on- site development may require additional reconstruction within the public right-
of-way at the discretion of the Public Works Inspector.
77. The parking lot and vehicular circulation system shall be subject to further review
and approval by the City Traffic Engineer. Parking layout shall be per City Standard
805. Parking layout shall be full dimensioned. On -street parking spaces shall be 8
feet wide by 22 feet long. Drive aisles to parking areas shall be 26 feet wide
minimum. The one-way drive aisle adjacent to the hotel's concierge office and
guest meeting building shall be 14 feet wide minimum with no parking, otherwise
the drive aisle shall be widened to accommodate parking.
78. Cul-de-sacs shall comply with City Standards 102 and 103 and shall have a
minimum diameter of 80 feet curb to curb.
79. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
80. Prior to the issuance of a buildinq permit, a sewer and water demand study shall
be submitted for review by the Public Works and Utilities Department.
81. Prior to the commencement of demolition and grading of the project, the applicant
shall submit a construction management plan (CMP) to be reviewed and approved
by the Community Development Director, City Fire Marshal, and City Traffic
Engineer. The plan shall include discussion of project phasing, parking
arrangements during construction, anticipated haul routes and construction
mitigation. Upon approval of the CMP, the applicant shall be responsible for
implementing and complying with the stipulations set forth in the approved CMP.
82. Prior to the issuance of a building permit, a sewer system management plan shall
be submitted for review and approval by the Public Works and Utilities Department.
83. Prior to the issuance of a building permit, various water and sewer easement for
City mains located on the adjacent properties shall be obtained and conveyed to
the City.
84. A storm drain easement on behalf of the project shall be obtained from the adjacent
property owner prior to issuance of a building permit. Provide documentation of
said easement.
85. The City sewer manhole located within 1600 East Coast Highway shall be
relocated to an area outside of the landscape and parking stalls. The manhole
location shall be accessible at all time. A new sewer easement shall be provided
for the sewer manhole and sewer main within the 1600 East Coast Highway
property.
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86. The public sewer connection to the OCSD main shall utilize the existing OCSD
manhole located within East Coast Highway unless otherwise approved by OCSD
and the City. Final design shall be approved by OCSD and the City.
87. The existing private sewer main from the proposed point of connection to the City's
manhole located near East Coast Highway shall be video inspected and any
damage repaired prior.
88. Utility easements shall be provided for all City water meters, fire hydrants, valves
and back flow devices.
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Attachment C
Resolution No. 2022-67 to Approve LCPA
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RESOLUTION NO. 2022- 67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND THE NEWPORT BEACH
COUNTRY CLUB PLANNED COMMUNITY
DEVELOPMENT PLAN (PC-47) FOR THE TENNIS CLUB
LOCATED AT 1602 EAST COAST HIGHWAY (PA2021-
260)
WHEREAS, as set forth in Section 30500 of the California Public Resources
Code, the California Coastal Act requires each county and city to prepare a local coastal
program ("LCP") for that portion of the coastal zone within its jurisdiction;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City of
Newport Beach ("City") added Title 21 (Local Coastal Program Implementation Plan)
("Title 21") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed
coastal development permit -issuing authority as of January 30, 2017;
WHEREAS, in 2012, the City Council approved an application by Golf Realty Fund,
Managing Owner ("Applicant") for the reconstruction of the 3,725-square-foot tennis
clubhouse, a reduction of tennis courts from 24 to seven courts, construction of a 27-room
boutique hotel with 9,700 square feet of ancillary uses, five single-family residential units,
and a development agreement for the property ("2012 Entitlements") located at 1602 East
Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-
151 (commonly referred as the "Tennis Club Site" or "Property");
WHEREAS, on November 20, 2018, the Zoning Administrator approved Coastal
Development Permit No. CD2017-039, authorizing the redevelopment of the Property
consistent with the 2012 Entitlements (2012 Entitlements and Coastal Development Permit
No. CD2017-039 are collectively referred to as the "Approved Project");
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Resolution No. 2022-
Page 2 of 5
WHEREAS, the Applicant is requesting an amendment to the Approved Project to
allow an increase in the number of future tennis courts from seven to eight, an increase in
the number of future hotel rooms from 27 to 41, an increase to the gross floor area of
ancillary hotel uses by 4,686 square feet, three attached condominium units and two single-
family residences in -lieu of five single-family residences, and an amendment to the 2012
Development Agreement to account for the aforementioned changes to the Project along
with extending the term of the 2012 Development Agreement for an additional 10 years
("Project"),
WHEREAS, the Property is designated Mixed -Use Horizontal 3/Parks and
Recreation (MU-H3/PR) by the City of Newport Beach General Plan and is located within
the Newport Beach Country Club Planned Community (PC-47) Zoning District;
WHEREAS, the Property is designated Mixed -Use Horizontal/Parks and
Recreation (MU-H/PR) by the Coastal Land Use Plan and is located within the Newport
Beach Country Club Planned Community (PC-47) Coastal Zone District;
WHEREAS, the Project includes an amendment to Title 21 (Local Coastal Program
Implementation Plan) ("Title 21") related to development standards for the Tennis Club site
located within the Newport Beach Country Club Planned Community (PC-47);
WHEREAS, Title 21 includes specific development standards for the Approved
Project and, as a result, an amendment to Title 21 is necessary to revise the development
standards listed in Section 21.26.055(S) which specifically refers to the PC-47
development standards of the "Tennis Club," "The Villas," and "The Bungalows";
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8 ("Section 13515"), drafts of Local Coastal Program Amendment
No. PA2021-260 were made available and a Notice of Availability was distributed on July
29, 2022, at least six weeks prior to the anticipated final action date;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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"), Section 13515, and
Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.56
(Planning Community District Procedures), 20.62 (Public Hearings) and 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing;
15-64
Resolution No. 2022-
Page 3 of 5
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-022 by a unanimous vote (5 ayes, 1 absent, 1 recusal) recommending approval
of the Project to the City Council; and
WHEREAS, a public hearing was held by the City Council on September 27,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, Section 13515, and Chapters 15.45 (Development
Agreements), 19.12 (Tentative Map Review), 20.56 (Planning Community District
Procedures), 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit Local
Coastal Program Amendment No. PA2021-260, amending Chapter 21.26.055(S)
(Newport Beach Country Club) of Title 21 (Local Coastal Program Implementation Plan)
of the NBMC, attached hereto as Exhibit "A," and incorporated herein by reference, to the
California Coastal Commission for review and approval.
Section 2: Local Coastal Program Amendment No. PA2021-260 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach.
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.
15-65
Resolution No. 2022-
Page 4 of 5
Section 5: An Addendum to Mitigated Negative Declaration No. ND2010-008
(MND) was prepared for the Proposed Project in compliance with the California
Environmental Quality Act ("CEQA") set forth in California Public Resources Code Section
2100 et seq.; CEQA's implementing regulations set forth in CCR Title 14, Division 6
Chapter 3 ("CEQA Guidelines") and City Council Policy K-3 (Implementation Procedures
for the California Environmental Quality Act). On the basis of the MND and entire
environmental review record, the additional tennis court, hotel rooms, ancillary hotel uses,
and conversion of three single-family residences to condominium units will not result in
any new significant impacts that were not previously analyzed in the MND. The
Addendum confirms and provides substantial evidence that the potential impacts
associated with this Project would either be the same or less than those described in the
MND, or as mitigated by applicable mitigation measures in the MND. In addition, there
are no substantial changes to the circumstances under which the Project would be
undertaken that would result in new or more severe environmental impacts than
previously addressed in either the MND, nor has any new information regarding the
potential for new or more severe significant environmental impacts been identified.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City Council
adopted Resolution No. 2022- thereby adopting an addendum to the previously
adopted MND. Resolution 2022- including all findings contained therein, is hereby
incorporated by reference.
15-66
Resolution No. 2022-
Page 5 of 5
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 27th day of September, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-Tel"Ltw-
Aaro . Harp
City I
ttorney
Attachment(s): Exhibit A — Local Coastal Program Amendment No. PA2021-260
Related to Standards of the Tennis Club Property
located within the Newport Beach Country Club
Planned Community (PC-47)
15-67
Exhibit "A"
Local Coastal Program Amendment No. PA2021-260 Related to Standards of the
Tennis Club Property located within the Newport Beach Country Club Planned
Community (PC-47)
15-68
Exhibit "A"
Local Coastal Program Amendment No. PA2021-260 Related to Standards of the
Tennis Club Property located within the Newport Beach Country Club Planned
Community (PC-47)
Amend Section 21.26.055.S (Newport Beach Country Club) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code to read as follows:
S. Newport Beach Country Club (PC-47).
2. Tennis Club.
a. Density/intensity limit: seven eight (8) tennis courts; and three thousand seven
hundred twenty-five (3,725) square foot clubhouse.
b. Height: thirty (30) feet for clubhouse.
c. Parking: tweR+" eight (28) sp thirty-two (32) spaces
3. Residential.
a. Detached Residential (Villas)
i. Density/intensity limit: two single-family dwelling units.
ii. Development Standards:
Villa Designation
Villa A (TTM Lot #1)
Villa B (TTM Lot #2)
Lot Size
5,000 square feet minimum
Lot Coverage (Maximum)
70%
65%
39 feet, measured in accordance with the Height and Grade
Building Height
definition of Section 2.0 General Conditions and
Regulations
Building Side Yard Setbacks
3 feet minimum
Building Front and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking Space for
2
2
Each Unit
Open Guest Parking Space
One space - could be located on the private driveway — No
for Each Unit
overhang to the private street/cul-de-sac is allowed
15-69
b. Attached Residential (Condominiums)
i. Density/intensity limit: three (3) attached residential units.
ii. Setbacks: five (5) feet from any property line.
iii. Height: forty-six (46) feet (to be located atop of the 2-story hotel
buildings).
iv. Parking: three (3) enclosed spaces and one guest space per
dwelling unit.
a. Density/Intensity Limit: forty-one (41) short-term guest rental UPA6 rooms.
The maximum total allowable gross floor area for the hotel rooms shall be twenty-
eight thousand three hundred (28,300) forty-seven thousand four hundred
eighty-four (47,484) square feet with a two thousand two hundred (2,200) square -
foot concierge a -Rd guest center, four thousand six hundred eighty-six (4,686)
square feet of ancillary hotel uses, and a seven thousand five hundred (7,500)
square -foot spa facility.
b. Setbacks: five feet from any property line.
c. Height: thirty-one (31) feet.
d. Parking: thirty four (34) parking spaGe6. forty-one (41) parking spaces.
15-70
Attachment D
Ordinance No. 2022-19 to Approve PCA
15-71
ORDINANCE NO. 2022-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO THE NEWPORT BEACH COUNTRY
CLUB PLANNED COMMUNITY DEVELOPMENT PLAN
(PC-47) FOR THE TENNIS CLUB AT NEWPORT BEACH
LOCATED AT 1602 EAST COAST HIGHWAY (PA2021-
260)
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, in 2012, the City Council approved an application by Golf Realty
Fund, Managing Owner ("Applicant") for the reconstruction of the 3,725-square-foot tennis
clubhouse, reduction of tennis courts from 24 to seven courts, construction of a 27-room
boutique hotel with 9,700 square feet of ancillary uses, five single-family residential units,
and a development agreement for the property ("2012 Entitlements") located at 1602 East
Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-
151 (commonly referred as the "Tennis Club Site" or "Property");
WHEREAS, on November 20, 2018, the Zoning Administrator approved Coastal
Development Permit No. CD2017-039, authorizing the redevelopment of the Property
consistent with the 2012 Entitlements (2012 Entitlements and Coastal Development Permit
No. CD2017-039 are collectively referred to as the "Approved Project");
WHEREAS, the Applicant is requesting an amendment to the Approved Project to
allow an increase in the number of future tennis courts from seven to eight, an increase in
the number of future hotel rooms from 27 to 41, an increase to the gross floor area of
ancillary hotel uses by 4,686 square feet, three attached condominium units and two
single family residences in -lieu of five single-family residences, and an amendment to the
2012 Development Agreement to account for the aforementioned changes to the
Approved Project along with extending the term for an additional 10 years ("Project");
WHEREAS, the following approvals are requested or required in order to
implement the Project:
15-72
Ordinance No. 2022-
Page 2 of 7
• General Plan Amendment ("GPA") — An amendment to Anomaly No. 46 of
Table LU2 of the 2006 Newport Beach General Plan Land Use Element to
document the conversion of 17 tennis courts to 27 hotel rooms authorized by
City Council Resolution No. 2012-10, and the addition of 14 hotel rooms for a
total of 41 rooms and one tennis courts for a total of eight tennis courts,
• Local Coastal Program Implementation Plan Amendment ("LCPA") — An
amendment to Section 21.26.055(S)(2) (Planned Community Coastal Zoning
District Development Standards, Newport Beach Country Club (PC-47, Tennis
Club) of the Newport Beach Municipal Code ("NBMC") to modify the permitted
uses and development standards allowed on the Property;
• Planned Community Development Plan Amendment ("PCDP Amendment") —
An amendment to Planned Community Development Plan No. 47 (Newport
Beach Country Club Planned Community) to amend land use regulations and
development standards on the Property;
• Major Site Development Permit Amendment ("SDA") — An amendment to the
existing site development review in accordance with PC-47 and Section
20.52.080 (Permit Review Procedures, Site Development Reviews) of the
NBMC for the construction of the Project;
• Coastal Development Permit Amendment ("CDPA") — A coastal development
permit for the demolition of existing structures, further subdivision on the
Property, and implementation of the Project;
• Vesting Tentative Tract Map Amendment ("VTMA") — An amendment to Vesting
Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the NBMC
for a lot reduction created for the Approved Project and inclusion of the
condominium ownership;
• Limited Term Permit Amendment ("XF) — A limited term permit to allow
temporary use of structures during construction on the Property, pursuant to
Section 20.52.040 of the NBMC,
• Development Agreement Amendment ("DA") — A second amendment to the
Development Agreement (DA2008-001), between the Applicant and the City,
pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction,
Development Agreements Required, Development Agreement Required) and
15-73
Ordinance No. 2022-
Page 3 of 7
15.45.070 (Buildings and Constructions, Development Agreements,
Amendment/Cancellation) of the NBMC, which would provide vested rights to
develop the Project for an additional 10 years and provide negotiated public
benefits to the City; and
• Addendum to previously adopted Mitigated Negative Declaration No. ND2010-
008 (SCH2010091052) ("Addendum") — Pursuant to the California
Environmental Quality Act ("CEQA"), the Addendum addresses reasonably
foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 3/Parks and
Recreation (MU-H3/PR) by the City of Newport Beach General Plan and is located
within the Newport Beach Country Club Planned Community (PC-47) Zoning District;
WHEREAS, the Property is designated Mixed -Use Horizontal/Parks and
Recreation (MU-H/PR) by the Coastal Land Use Plan and is located within the Newport
Beach Country Club Planned Community (PC-47) Coastal Zone District;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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 (Planning
Community District Procedures), 20.62 (Public Hearings) and 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-022 (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the
City Council; and
WHEREAS, a public hearing was held by the City Council on September 27,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 19.12
(Tentative Map Review), 20.56 (Planning Community District Procedures), 20.62
(Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this hearing.
15-74
Ordinance No. 2022-
Page 4 of 7
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to commission for
consideration and recommendation.
Section 2: An amendment to PC-47, which is the zoning document for the
Property, is a legislative act. Neither PC-47, Chapter 20.66 (Planning and Zoning,
Amendments) and Chapter 20.56 (Planning and Zoning, Planned Community District
Procedures) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of
Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of
Title 7 (Planning and Land Use) of the California Government Code set forth any
required findings for either approval or denial of such amendments. Nevertheless,
amending PC-47 to change the development standards as it relates to the Tennis Club
is consistent with the purpose of the Planned Community Districts as specified in
Section 20.56.010 (Planned Community District Procedures — Purpose) of the NBMC
for the reasons set forth below:
1. The Project is consistent with the intent and purpose of PC-47 in that the tennis
club, hotel, and residential uses and their development standards have already
been allowed and in place on the Property. The proposed changes to the building
height, setbacks, and parking standards in order to accommodate the Project are
within the development standards in place for the Approved Project.
2. PC-47 provides guidelines for architectural design to include coordinated and
cohesive architecture which exhibits quality that is keeping with the surrounding
area in Newport Center. The Project includes additional hotel rooms and two
attached residential condominium loft buildings. The proposed additions have
consistent architecture with the Approved Project, which has cohesive
architectural features that include smooth plaster exterior siding, clay -tile roofs,
and stone veneer exterior accent finishes.
3. PC-47 permits structures to be a maximum of 50 feet in height. The Project
includes two attached residential condominium loft buildings which features
condominiums on the third level atop of a two -level hotel building. The loft
buildings are proposed at a maximum of 46 feet high and comply with the height
15-75
Ordinance No. 2022-
Page 5 of 7
limit. All other structures are consistent with the maximum heights prescribed in
PC-47.
Section 3: The City Council hereby approves the Newport Beach Country Club
Planned Community Development Plan Amendment, as set forth in Exhibit "1," which is
attached hereto and incorporated herein by reference and finds that the amendment to
PC-47 complies with the purpose set forth in Section 20.56.010 (Purpose) of the NBMC,
with all other provisions of the existing Planned Community District Regulations and
exhibits remaining unchanged and in full force and effect.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
15-76
Ordinance No. 2022-
Page 6 of 7
Section 6: An Addendum to Mitigated Negative Declaration No. ND2010-008
(MND) was prepared for the Proposed Project in compliance with the California
Environmental Quality Act ("CEQA") set forth in California Public Resources Code
Section 2100 et seq.; CEQA's implementing regulations set forth in CCR Title 14,
Division 6 Chapter 3 ("CEQA Guidelines") and City Council Policy K-3 (Implementation
Procedures for the California Environmental Quality Act) to ensure that the Proposed
Project will not result in new or increased environmental impacts. On the basis of the
MND and entire environmental review record, the additional tennis court, hotel rooms,
ancillary hotel uses, and conversion of 3 single-family residences to condominium units
will not result in any new significant impacts that were not previously analyzed in the
MND. The Addendum confirms and provides substantial evidence that the potential
impacts associated with this Project would either be the same or less than those
described in the MND, or as mitigated by applicable mitigation measures in the MND. In
addition, there are no substantial changes to the circumstances under which the Project
would be undertaken that would result in new or more severe environmental impacts
than previously addressed in either the MND, nor has any new information regarding
the potential for new or more severe significant environmental impacts been identified.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City Council
adopted Resolution No. 2022- thereby adopting an addendum to the previously
adopted MND. Resolution 2022- including all findings contained therein, is hereby
incorporated by reference.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC or other planned
community shall remain unchanged and shall be in full force and effect.
15-77
Ordinance No. 2022-
Page 7 of 7
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27t" day of September, 2022, and adopted on the 11tn
day of October, 2022, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARA C. HAFT, CITY ATTORNEY
Attachment(s): Exhibit 1 - Newport Beach Country Club Planned Community
Development Plan Amendment
15-78
Exhibit 1
Newport Beach Country Club
Planned Community Development Plan
Adoption: March 27, 2012, Ordinance No. 2012-2
Amendment: October 11, 2022, Ordinance No._
15-79
TABLE OF CONTENTS
1.0 Introduction and Purpose................................................................................ 4
2.0 General Conditions and Regulations............................................................... 5
3.0 Land Use and Development Regulations........................................................
10
3.1
Golf Club..............................................................................................
10
A. Golf Course.....................................................................................
10
B. Golf Clubhouse and Ancillary Uses .................................................
10
1. Building Area.............................................................................
10
2. Building Height..........................................................................
10
3. Permitted Ancillary Uses............................................................
10
4. Parking......................................................................................
11
5. Fencing......................................................................................
11
3.2
Tennis Club..........................................................................................
11
A. Tennis Courts..................................................................................
11
1. Number of Courts......................................................................
11
B. Tennis Clubhouse and Ancillary Uses .............................................
12
1. Building Area.............................................................................
12
2. Building Height..........................................................................
12
3. Permitted Ancillary Uses............................................................
12
4. Parking......................................................................................
12
3.3
Vol!
The Residential.........................................................................
12
1. Number of Detached Residential ....................................
13
2. DevelopmeRt StandaFds Attached Residential ........................
14
3.4
Hotel...........................................................................
14
1. Number of Units Rooms............................................................
14
2. Permitted Ancillary Uses. ............. m .............................................
14
3. Building Area.............................................................................
15
4. Building Height..........................................................................
15
5. Building Setbacks......................................................................
15
6. Parking......................................................................................
15
3.5
Signs....................................................................................................
15
A. Sign Allowance...............................................................................
15
B. Sign Standards...............................................................................
16
4.0 Site
Development Review...............................................................................
17
4.1
Purpose................................................................................................
17
4.2
Application............................................................................................
17
4.3
Findings................................................................................................
17
4.4
Contents...............................................................................................
18
4.5
Public Hearing - Required Notice........................................................
18
4.6
Expiration and Revocation Site Plan Review Approvals .......................
19
2
15-80
4.7 Fees..................................................................................................... 19
4.8 Minor Changes by the Community Development Director .................... 19
LIST OF EXHIBITS
Exhibit Name Exhibit Number
VicinityAerial Map................................................................................................ A
Conceptual Master Site Plan................................................................................ B
LIST OF TABLES
Table Name
Page
The Villas Development Standards...................................................................... 13
3
15-81
1.0 INTRODUCTION AND PURPOSE
The Newport Beach Country Club Planned Community District (the PCD) is composed
of the Golf Club, Tennis Club, Bungalows and Villas facilities, totaling approximately 4-33
140 acres. The PCD has been developed in accordance with the Newport Beach
General Plan and is consistent with the Local Coastal Land Use Plan.
The purpose of this PCD is to provide for the classification and development of
coordinated, cohesive, comprehensive planning project with limited mixed uses,
including the private Ggolf Gclub, Ttennis Gclub, 2-7 shert term rental „nits 41-room
boutique hotel Galled the BURgalews with a spa/fitness area center and ancillary
uses, and 5 semi GUStGM GiRgle unit residential dwellings units Galled the Villas
Whenever the regulations contained in the PCD Regulations conflict with the regulations
of the Newport Beach Municipal Code, the regulations contained in the PCD
Regulations shall take precedence. The Newport Beach Municipal Code shall regulate
all development within the PCD when such regulations are not provided within the PCD
Regulations.
1.2
15-82
2.0 GENERAL CONDITIONS AND REGULATIONS
1. Alcoholic Beverage Consumption
The consumption of alcoholic beverages within the PCD shall be in compliance with the
State of California Department of Alcoholic Beverage Control and the Newport Beach
Municipal Code. A use permit shall be required if the establishment operates past 11:00
p.m. any day of the week and a minor use permit shall be required if the establishment
operates until 11:00 p.m. any day of the week.
2. Amplified Music
All amplified music played after 10:00 p.m. within the PCD shall be confined within the
interior of a building unless a Special Events Permit is obtained.
3. Archaeological/Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K-5 and K-6
regarding archaeological and paleontological resources.
4. Architectural Design
All development shall be designed with high quality architectural standards and shall be
compatible with the surrounding uses. The development should be well -designed with
coordinated, cohesive architecture and exhibiting the highest level of architectural and
landscape quality in keeping with the PCD's prominent location in the Newport Center
Planning Area. Massing offsets, variation of roof lines, varied textures, openings,
recesses, and design accents on all building elevations shall be provided to enhance
the architectural style. Architectural treatments for all ancillary facilities (i.e. storage,
truck loading and unloading, and trash enclosures) shall be provided.
5. Building Codes
Construction shall comply with applicable provisions of the California Building Code and
the various other mechanical, electrical and plumbing codes related thereto as adopted
by the Newport Beach Municipal Code.
6. Exterior Storage Areas
There shall be no exterior storage areas permitted with the exception of the
greenskeeper/maintenance area which shall be enclosed by a minimum six-foot
plastered block wall.
W
15-83
7. Flood Protection
Development of the subject property will be undertaken in accordance with the flood
protection policies of the City.
8. Grading and Erosion Control
Grading and erosion control measures shall be carried out in accordance with the
provisions of the Newport Beach Excavation and Grading Code and shall be subject to
permits issued by the Community Development Department.
9. Gross Floor Area
Gross floor area shall be defined as the total area of a building including the
surrounding exterior walls.
10. Height and Grade
The height of any structure within the PCD shall not exceed fifty (50) feet, unless
otherwise specified. The height of a structure shall be the vertical distance between the
highest point of the structure and the grade directly below. In determining the height of a
sloped roof, the measurement shall be the vertical distance between the grade and the
midpoint of the roof plane, provided that no part of the roof shall be extend more than
five (5) feet above the permitted height in the height limitation zone, and any
amendments shall be subject to the review and approval of the Community
Development Director
11. Landscaping/Irrigation
Landscaping and irrigation shall be provided in all areas not devoted to structures,
parking lots, driveways, walkways, and tennis courts to enhance the appearance of the
development, reduce heat and glare, control soil erosion, conserve water, screen
adjacent land uses, and preserve the integrity of PCD. Landscaping and irrigation shall
consist of a combination of trees, shrubs, groundcover and hardscape improvements.
Landscaping shall be prepared in accordance with the Landscaping Standards and
Water -Efficient Landscaping Sections of the Newport Beach Municipal Code and
installed in accordance with the approved landscape plans prepared by a licensed
landscape architect.
12. Lighting — Outdoor
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to
shield adjacent uses/properties and to not produce glare onto adjacent uses/properties.
Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the
X
15-84
Newport Beach Municipal Code and shall be prepared by a licensed electrical
engineer. All lighting and lighting fixtures that are provided shall be maintained in
accordance with the approved lighting plans.
13. Lighting — Parking & Walkways
All lighting and lighting fixtures that are provided shall be maintained in accordance with
the approved lighting plans. Light standards within parking lots shall be the minimum
height required to effectively illuminate the parking area and eliminate spillover of light
and glare onto adjoining uses/properties and roadways.
Parking lots and walkways accessing buildings shall be illuminated with a minimum of
0.5 foot-candle average on the driving or walking surface during the hours of operation
and one hour thereafter. Lighting plans shall be prepared in compliance with the
Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared
by a licensed electrical engineer.
If the applicant wishes to deviate from this lighting standard, a lighting plan may be
prepared by the applicant and submitted to the Community Development Director for
review and approval.
14. Loading Areas for Non -Residential Uses
All loading and unloading of goods delivery shall be performed onsite. Loading
platforms and areas shall be screened from public view.
15. Parking Areas
Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping
areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of
the parking areas including striping, paving, wheel stops, walls, and light standards of
the parking lots shall be permanently maintained in good working condition. Access,
location, parking space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas Section of the Newport
Beach Municipal Code.
16. Property Owner Approval
Written property owner approval shall be required for the submittal of any site
development review application and/or prior to grading and/or building permit issuance.
17. Outdoor Paging
Outdoor paging shall be permitted at the Ggolf Sclub to call individuals to the tees and
at the Ttennis Oclub to call points during tennis tournaments.
7
15-85
18. Sewage Disposal
Sewage disposal service facilities for the PCD will be provided by Orange County
Sanitation District No. 5 and shall be subject to applicable regulations, permits and fees
as prescribed by the Sanitation District.
19. Screening of Mechanical Equipments
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and
exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent land
uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be
architecturally treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or remodeled
building. The mechanical appurtenances shall be subject to sound rating in accordance
with the Exterior Noise Standards Section of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall be subject to the applicable height limit.
20. Screening of the Villas residential units from tennis courts
Adequate buffering between the Villas residential units and tennis courts shall be
provided and subject to the Site Development Review process. The exterior perimeter
of the tennis courts facing Granville Condominiums, Granville Drive, and the Ttennis
Gclubhouse parking lot shall be screened by a minimum ten -foot -high chain link fence
covered by a wind screen. Wind screen shall be maintained in good condition at all
time.
21. Screening of the Villas' Pool/Spa Equipment
All pool and/or spa equipment shall be enclosed by a minimum five-foot high block wall
plastered or otherwise textured to match the building.
22. Special Events
Temporary special community events, such as such as PGA Senior Classic golf
tournaments, Team Tennis, Davis Cup Matches, and other similar events, are permitted
in the PCD, and are subject to the Special Events Chapter of the Newport Beach
Municipal Code. Temporary exterior storage associated with approved special events
may be permitted provided it is appropriately screened and regulated with an approved
Special Event Permit.
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23. Temporary Structures and Uses
Temporary structures and uses, including modular buildings for construction -related
activities are permitted.
24. Trash Container Storage for Residential Dwellings
Trash container storage shall be out of view from public places, and may not be located
in the required parking areas. If trash container storage areas cannot be located out of
public view, they shall be screened from public view. Screening shall consist of fences,
walls, and landscaping to a height at least 6 inches above the tops of the containers.
25. Trash Enclosures for Non -Residential Uses
All trash enclosures for non-residential uses shall be provided and in accordance with
the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal
Code.
26. Tennis Club Site Phasing Plan -
The phasing plan for the tennis club site which consists of the tennis club, vil as
residential units and bungalows hotel rooms shall be subject to a site development
review process.
27. Water Service
Water service to the PCD will be provided by the City of Newport Beach and will be
subject to applicable regulations, permits and fees as prescribed by the City.
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3.0 LAND USE AND DEVELOPMENT REGULATIONS
3.1 Golf Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the golf course and clubhouse.
A. Golf Course
An 18-hole championship golf course and related facilities (i.e. putting green,
driving range, snack bar, starter shack, restroom facilities, etc.).
B. Golf Clubhouse and Ancillary Uses
1. Building Area
The maximum allowable gross floor area for a golf clubhouse building
shall be 56,000 square feet, exclusive of any enclosed golf cart storage
areas ramp and washing area. The greens keeper/maintenance buildings,
snack bar, separate golf course restroom facilities, starter shack, and
similar ancillary buildings are exempt from this development limit.
2. Building Height
The maximum allowable building height for the Golf Clubhouse shall be 50
feet and shall be measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulation of the PCD.
3. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Golf shop
• Administrative Offices
• Dining, and event areas
• Kitchen & Bar areas
• Banquet Rooms
• Men and Women's Card Rooms
• Health and fitness facility
• Restroom and Locker facilities
• Golf Club storage areas
• Employee lounge/lunch areas
• Meeting rooms
• Golf Cart Parking Storage and Washing Area
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• Separate Snack Bar
• Separate Starter Shack
• Separate Golf Course Restrooms
• Hand Carwash Area
• Greenskeeper Maintenance Facility
• Temporary Construction Facilities
• Guard House
• Others (subject to an approval of the Community Development
Director)
4. Parking
Parking for the Golf Course and Golf Clubhouse shall be in accordance
with following parking ratios (source: from Table 2 of the Circulation and
Parking Evaluation by Kimley-Horn and Associates, Inc., September 2009
for Newport Beach Country Club — Clubhouse Improvement Project):
Golf Course: 8 spaces per hole
Golf Clubhouse:
Dining, assembly & meeting rooms: 1 per 3 seats or 1 per 35
square feet
Administrative Office: 4 per 1,000 square feet
Pro Shop: 4 per 1,000 square feet
Maintenance Facility: 2 per 1,000 square feet
Health and Fitness Facility: 4 per 1,000 square feet
The design of the parking lot and orientation of vehicular aisles and
parking spaces shall be subject to the review and approval of the City
Traffic Engineer and Community Development Director.
5. Fencing
Golf Course perimeter fencing shall be wrought -iron with a maximum
permitted height of six (6) feet.
3.2 Tennis Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the tennis courts and clubhouse.
A. The Tennis Courts
1. Number of courts
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The maximum allowable tennis courts shall be seven eight lighted tennis
courts (s+x seven lighted championship courts and one lighted stadium -
center court).
B. Tennis Clubhouse and Ancillary Uses
1. Building Area
The maximum allowable gross floor area for the Tennis Clubhouse shall
be 3,725 square feet.
2. Building Height
The maximum allowable building height for the Tennis Clubhouse shall be
30 feet and shall be measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulations of the PCD.
3. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Tennis Shop
• Administrative Offices
• Concessions
• Restroom and Locker facilities
• Storage areas
• Spectator seating
• Others (subject to an approval of the Community Development
Director)
4. Parking
Parking for the Tennis Clubhouse and Courts shall be a minimum of 2-8 32
parking spaces.
3.3. The `„-:mIlas Residential
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the vilfas units.
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A. Detached Residential (The Villas)
1. Number of Units
The maximum allowable number of single-family residential units shall be
five (5) two (2).
2. Development Standards
The following development standards shall apply to the Villas:
The Villas Development Standards Table
Villa A
Villa B
Villa
Designation
TTM Lot #1
TTM Lot #2
Lot Size
5,000 square feet minimum
Lot Coverage
70%
::::[
65%
(Maximum)
39 feet, measured in accordance with the
Building Height
Height and Grade definition of Section
2.0 General Conditions and Regulations
Building Side
3 feet minimum
Yard Setbacks
Building Front
and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking
Space for Each
2
2
Unit
Open Guest
One space - could be located on the
Parking Space for
private driveway — No overhang to the
Each Unit
private street/cul-de-sac is allowed
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B. Attached Residential
1. Number of Units
The maximum allowable number of attached residential units shall
be three (3).
2. Building Setbacks
The building setback shall be a minimum of five (5) feet from any
property line.
3. Building Height
The maximum allowable building height for attached residential units
to be located atop of the 2-story hotel buildings shall be 46 feet,
measured in accordance with the Height and Grade definition of
Section 2.0 General Conditions and Regulations.
4. Parking
Parking for the attached residential units shall be a minimum of 3
enclosed parking spaces and one guest parking space per unit.
3.4. The Bunga'aws Hotel
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the bungalows, concierge and guest center, and spa facility.
1. Number of Un+ts Rooms
The maximum allowable number of the Bungalows rooms shall be 27- 41, to be
built in a clustered setting of single and two-story buildings.
2. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Administrative Offices
• Concierge office and guest meeting facility
• Performance Therapy Center
• Spa and Fitness Center
• Swimming pool and Jacuzzi
sent. - drinks GRaGks and light breakfast and lunnh items
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• Yoga Pavilion
3. Building Area
The maximum allowable gross floor area for the bURgalews hotel rooms shall be
28,300 47,484 square feet with a 2,200 square foot concierge & guest center,
4,686 square feet of ancillary hotel uses, and a 7,500 square -foot spa facility.
4. Building Height
The maximum allowable building height for the bungalows hotel rooms shall be
31 feet, measured in accordance with the Height and Grade definition of Section
2.0 General Conditions and Regulations of the PCD.
5. Building Setbacks
The building setback + shall be a minimum of 5 feet from any
property line.
6. Parking
Parking for the balews hotel rooms shall be a minimum of 34 41 parking
spaces located in proximity to the use.
3.5 Signs
A. Sign Allowance
1. One (1) single or double-faced, ground -mounted entrance
identification sign shall be allowed at Newport Beach Tennis Club's
main entrance (Country Club Drive and Irvine Terrace). Total
maximum signage area shall not exceed seventy-five (75) square
feet and shall not exceed five (5) feet in height.
2. One (1) single or double-faced, ground -mounted entrance
identification sign shall be allowed at or near the vicinity of the
Newport Beach Country Club's secondary entrance (Granville).
Total maximum signage area shall not exceed seventy-five (75)
square feet and shall not exceed five (5) feet in height.
3. Building identification signs shall be allowed; one for each street
frontage. If freestanding, this sign type shall not exceed a maximum
height of five (5) feet in height. The maximum signage area shall
not exceed seventy (70) square feet.
4. Vehicular and pedestrian directional signs shall be allowed. This
sign type may occur as a single -faced or double-faced sign. The
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sign shall be sized to allow for proper readability given the number
of lines of copy, speed of traffic, setback off the road and viewing
distance. This sign type shall not exceed a maximum of six (6) feet
in height.
5. One (1) single or double faced, ground -mounted identification sign
shall be allowed at the entrance road to the Bungalows. Total
maximum signage area shall not exceed seventy-five (75) square
feet and shall not exceed five (5) feet in height and fifteen (15) feet
in length.
B. Sign Standards
1. The design and materials of all permanent signs in the Newport
Beach Country Club Planned Community District shall be in
accordance with Sign Section 3.5, unless otherwise approved by
the Community Development Director.
2. All permanent signs shall be subject to a sign permit issued by the
Community Development Department.
3. All signs shall be subject to the review of the City Traffic Engineer
to ensure adequate sight distance in accordance with the
provisions of the Newport Beach Municipal Code.
4. Sign illumination is permitted for all sign types. No sign shall be
constructed or installed to rotate, gyrate, blink or move, or create
the illusion of motion, in any fashion.
5. All permanent signs together with the entirety of their supports,
braces, guys, anchors, attachments and decor shall be properly
maintained, legible, functional and safe with regards to appearance,
structural integrity and electrical service.
6. Temporary signs that are visible from any public right-of-way shall
be allowed up to a maximum of sixty (60) days and subject to a
temporary sign permit issued by the Community Development
Department.
7. If the applicant wishes to deviate from the sign standards identified
herein, a comprehensive sign program may be prepared or a
modification permit application may be submitted for review and
consideration by the Zoning Administrator in accordance with the
applicable provisions of the Newport Beach Municipal Code.
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4.0 SITE DEVELOPMENT REVIEW
4.1 Purpose
The purpose of the Site Development Review process is to ensure new
development proposals within the Newport Beach Country Club Planned
Community Development are consistent with the goals and policies of the
General Plan, provisions of this Planned Community Development Plan, the
Development Agreement and the findings set forth below in sub -section 4.3.
4.2 Application
An approval of Site Development Review application by the Planning
Commission shall be required for the construction of any new structure prior to
the issuance of a grading or building permit or issuance of an approval in concept
for Coastal Commission. Signs, tenant improvements to any existing buildings,
kiosks, and temporary structures are exempt from the site development review
process and subject to the applicable City's permits. The decision of Planning
Commission is the final, unless appealed in accordance with the Newport Beach
Municipal Code.
4.3. Findings
In addition to the general purposes set forth in sub -section 4.1 and in order to carry
out the purposes of this chapter as established by said section, the Site
Development Review procedures established by this Section shall be applied
according to and in compliance with the following findings:
1. The development shall be in compliance with all other provisions of the
Planned Community District Plan;
2. The development shall be compatible with the character of the
neighboring uses and surrounding sites and shall not be detrimental to the
orderly and harmonious development of the surroundings and of the City;
3. The development shall be sited and designed to maximize the aesthetic
quality of the project as viewed from surrounding roadways and
properties, with special consideration given to the mass and bulk of
buildings and the streetscape on Coast Highway; and
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4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development.
4.4. Contents
The Site Development Review application shall include all of the information and
materials specified by the Community Development Director and any additional
information review by the Planning Commission in order to conduct a thorough
review of the project in question. The following plans/exhibits may include, but
not limited to the following:
1. An aerial map showing the subject property, adjacent properties and
identifying their uses.
2. Comprehensive elevations and floor plans for new structures with
coordinated and complimentary architecture, design, materials and colors.
3. A parking and circulation plan showing golf cart and pedestrian paths in
addition to streets and fire lanes.
4. A comprehensive, cohesive and coordinated preliminary landscape plan.
5. A comprehensive, cohesive and coordinated lighting plan showing type,
location and color of all exterior lighting fixtures.
6. Comprehensive text and graphics describing the design philosophy for the
architecture, landscape architecture, material and textures, color palette,
lighting, and signage.
7. Text describing drainage and water quality mitigation measures.
8. A statement that the proposed new structure is consistent with the goals,
policies, and actions of the General Plan and Planned Community
Development Plan.
4.5 Public Hearing —Required Notice
A public hearing shall be held on all site development review applications. Notice
of such hearing shall be mailed not less than ten (10) days before the hearing
date, postage prepaid, using addresses from the last equalized assessment roll
or, alternatively, from such other records as contain more recent addresses, to
owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to
obtain and provide to the City the names and addresses of owners as required
by this Section. In addition to the mailed notice, such hearing shall be posted in
im
15-96
not less than two (2) conspicuous places on or close to the property at least ten
(10) days prior to the hearing.
4.6 Expiration and Revocation Site Development Review Approvals
1. Expiration. Any site development review approved in accordance with the
terms of this planned community development plan shall expire within
twenty-four (24) months from the effective date of final approval as
specified in the Time Limits and Extensions Section of the Newport Beach
Municipal Code, unless at the time of approval the Planning Commission
has specified a different period of time or an extension is otherwise
granted.
2. Violation of Terms. Any site development review approved in accordance
with the terms of this planned community development plan may be
revoked if any of the conditions or terms of such site development review
are violated or if any law or ordinance is violated in connection therewith.
3. Public Hearing. The Planning Commission shall hold a public hearing on
any proposed revocation after giving written notice to the permittee at
least ten (10) days prior to the hearing, and shall submit its
recommendations to the City Council. The City Council shall act thereon
within sixty (60) days after receipt of the recommendation of the Planning
Commission.
4.7. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach
City Council to the City with each application for Site Development Review under
this planned community development plan.
4.8 Minor Changes by the Director
1. The following minor changes to an approved site plan may be approved
by the Director in compliance with Section 20.54.070 (Changes to an
approved project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reduction in the square footage of any structure and a
commensurate reduction in required parking, if applicable.
c) Reconfiguration of the golf clubhouse parking lot, including drive
aisles and/or parking spaces, subject to review and approval of the
City Traffic Engineer.
d) Reconfiguration of parking lot landscaping.
e) Modification of the approved architectural style.
f) Any other minor change to the site plan provided it does not
19
15-97
increase any structure area, height, number of units, number of
hotel rooms, and/or change of use.
2. Any proposed changes that are not deemed minor shall be subject to
review and approval by the Planning Commission.
20
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Exhibit A
21
15-99
Exhibit B
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15-100
Attachment E
Ordinance No. 2022-20 to Approve DA
15-101
ORDINANCE NO. 2022-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT (DA2008-001 ) FOR THE TENNIS CLUB AT
NEWPORT BEACH LOCATED AT 1602 EAST COAST
HIGHWAY (PA2021-260)
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, in 2012, the City Council approved an application by Golf Realty
Fund, Managing Owner ("Applicant") for the reconstruction of the 3,725-square-foot tennis
clubhouse, reduction of tennis courts from 24 to seven courts, construction of a 27-room
boutique hotel with 9,700 square feet of ancillary uses, five single-family residential units,
and a development agreement for the property ("2012 Entitlements") located at 1602 East
Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-
151 (commonly referred as the "Tennis Club Site" or "Property"),,
WHEREAS, Development Agreement No. DA2008-001 ("Agreement") adopted
pursuant to Ordinance No. 2012-3 was executed and recorded, as document number
2014000036369-1
WHEREAS, on November 20, 2018, the Zoning Administrator approved Coastal
Development Permit No_ CD2017-039, authorizing the redevelopment of the Property
consistent with the 2012 Entitlements (2012 Entitlements and Coastal Development Permit
No. CD2017-039 are collectively referred to as the "Approved Project"),
WHEREAS, on July 12, 2022, the City Council adopted Ordinance No. 2022-
16, approving an amendment to Development Agreement No. DA2008-001 to extend
the term of the agreement for one additional year ("First Amendment");
15-102
Ordinance No. 2022-
Page 2 of 7
WHEREAS, the Applicant is requesting an amendment to the Approved Project to
allow an increase in the number of future tennis courts from seven to eight, an increase in
the number of future hotel rooms from 27 to 41, an increase to the gross floor area of
ancillary hotel uses by 4,686 square feet, three attached condominium units and two
single family residences in -lieu of five single-family residences, and an amendment to the
2012 Development Agreement to account for the aforementioned changes to the
Approved Project along with extending the term for an additional 10 years ("Project") -
WHEREAS, the following approvals are requested or required in order to
implement the Project:
• General Plan Amendment ("GPA") — An amendment to Anomaly No. 46 of
Table LU2 of the 2006 Newport Beach General Plan Land Use Element to
document the conversion of 17 tennis courts to 27 hotel rooms authorized by
City Council Resolution No. 2012-10, and the addition of 14 hotel rooms for a
total of 41 rooms and one tennis courts for a total of eight tennis courts;
• Local Coastal Program Implementation Plan Amendment ("LCPA") — An
amendment to Section 21.26.055(S)(2) (Planned Community Coastal Zoning
District Development Standards, Newport Beach Country Club (PC-47, Tennis
Club) of the Newport Beach Municipal Code ("NBMC") to modify the permitted
uses and development standards allowed on the Property;
Planned Community Development Plan Amendment ("PCDP Amendment") —
An amendment to Planned Community Development Plan No. 47 (Newport
Beach Country Club Planned Community) to amend land use regulations and
development standards on the Property,
■ Major Site Development Permit Amendment ("SDA") — An amendment to the
existing site development review in accordance with PC-47 and Section
20,52.080 (Permit Review Procedures, Site Development Reviews) of the
N B M C for the construction of the Project;
■ Coastal Development Permit Amendment ("CDPA") — A coastal development
permit for the demolition of existing structures, further subdivision on the
Property, and implementation of the Project;
Vesting Tentative Tract Map Amendment ("VTMA°) — An amendment to Vesting
Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the NBMC
15-103
Ordinance No. 2022-
Page 3 of 7
for a lot reduction created for the Approved Project and inclusion of the
condominium ownership;
Limited Term Permit Amendment (" XP") — A limited term permit to allow
temporary use of structures during construction on the Property, pursuant to
Section 20.52.040 of the NBMC;
• Development Agreement Amendment ("DA") — A second amendment to the
Development Agreement (DA2008-001), between the Applicant and the City,
pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction,
Development Agreements Required, Development Agreement Required) and
15.45.070 (Buildings and Constructions, Development Agreements,
Amend ment/Cancellation) of the NBMC, which would provide vested rights to
develop the Project for an additional 10 years and provide negotiated public
benefits to the City; and
+ Addendum to previously adopted Mitigated Negative Declaration No. ND-2010-
008 (SCH2O10091052) ("Addendum") — Pursuant to the California
Environmental Quality Act ("CEQA"), the Addendum addresses reasonably
foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 3/Parks and
Recreation (MU-H31PR) by the City of Newport Beach General Plan and is located
within the Newport Beach Country Club Planned Community (PC-47) Zoning District;
WHEREAS, the Property is designated Mixed -Use Horizontal/Parks and
Recreation (MU-H1PR) by the Coastal Land Use Plan and is located within the Newport
Beach Country Club Planned Community (PC-47) Coastal Zone District;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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 (Planning
Community District Procedures), 20.62 (Public Hearings) and 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
15-104
Ordinance No. 2022-
Page 4 of l
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-022 (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the
City Council; and
WHEREAS, a public hearing was held by the City Council on September 27,
2022, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 19.12
(Tentative Map Review), 20.5E (Planning Community District Procedures), 20.E2
(Public Hearings) and 21.E2 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to commission for
consideration and recommendation.
Section 2: The City Council finds the Second Amendment is consistent with
provisions of California Government Code Sections 65864 to 65869.5 and Chapter
15.45 (Development Agreements) of the NBMC that authorize binding agreements that:
(i) encourage investment in, and commitment to, comprehensive planning and public
facilities financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of projects
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. The City Council finds
the Second Amendment is consistent with Land Use Element of the General Plan which
designates the Tennis Club site as Mixed Use Horizontal 3/Park and Recreation (MU-
H3IPR). The MU-H31PR 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 (bath active and passive), golf courses, marina
support facilities, aquatic facilities, tennis clubs and courts, private recreation, and
similar facilities. The Project necessitates an amendment to the General Plan due to the
increased number of hotel rooms and tennis courts. However, there are no proposed
changes to the land uses permitted per the General Plan land use designation and the
Project is consistent with all applicable General Plan Land Use policies.
15-105
Ordinance No. 2022-
Page 5 of 7
Additionally, the City Council finds the Second Amendment is entered into
pursuant to, and constitutes a present exercise of, the City's police power and is in the
best interest of the health, safety, and general welfare of the City, residents, and the
public.
The City Council finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
Section 3: The Second Amendment to Development Agreement No. DA2008-
001 which is attached hereto as Exhibit 'A," and incorporated herein by reference
between the City of Newport Beach and GRF to accommodate the development of
Project and to extend the term of the agreement to September 23, 2032, is hereby
approved.
Section 4: An Addendum to Mitigated Negative Declaration No. ND2010-008
("MN❑") was prepared for the Project in compliance with the California Environmental
Quality Act ("CEQA") set forth in California Public Resources Code Section 2100 et
seq.; CEQA's implementing regulations set forth in CCR Title 14, Division 5 Chapter 3
("CEQA Guidelines") and City Council Policy K-3 (Implementation Procedures for the
California Environmental Quality Act) to ensure that the Project will not result in new or
increased environmental impacts. On the basis of the MN❑ and entire environmental
review record, the additional tennis court, hotel rooms, ancillary hotel uses, and
conversion of 3 single-family residences to condominium units will not result in any new
significant impacts that were not previously analyzed in the MND. The Addendum
confirms and provides substantial evidence that the potential impacts associated with
this Project would either be the same or less than those described in the MND, or as
mitigated by applicable mitigation measures in the MND. In addition, there are no
substantial changes to the circumstances under which the Project would be undertaken
that would result in new or more severe environmental impacts than previously
addressed in either the MND, nor has any new information regarding the potential for
new or more severe significant environmental impacts been identified. Therefore, in
accordance with Section 15164 of the CEQA Guidelines, the City Council adopted
Resolution No. 2022- , thereby adopting an addendum to the previously adopted
MND. Resolution 2022- , including all findings contained therein, is hereby
incorporated by reference.
15-106
Ordinance No. 2022-
Page 6 of 7
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
15-107
Ordinance No. 2022-
Page 7 of 7
Section 7: The Mayor shall sign and the City Cleric shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of September, 2022, and adopted on the 11 th
day of October, 2022, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
ATTEST:
LEiLANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4"�- 40-�:
ArYN C. HAAP, CITY ATTORNEY
Attachments): Exhibit "A" — Second Amendment to Development Agreement
No. DA2008-001
15-108
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.
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
GOLF REALTY FUND
CONCERNING PROPERTIES LOCATED AT TENNIS CLUB AT NEWPORT BEACH
WITHIN THE
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-109
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5)
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second
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 NE'WPORT BEACH ("City"), and
GOLF REALTY FUND, a California limited partnership ("Property Owner'). City and
Property Owner are sometimes collectively referred to in this Second 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 Tennis Club at
Newport Beach 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" and incorporated herein by reference for a term of
ten (10) years.
C_ On November 20, 2018, the City approved Coastal Development Permit No.
CD2017-039 to allow the demolition of the eighteen (19) existing tennis courts and construction
of the Tennis Club, Villas and Bungalows at the Tennis Property, however, the Agreement was
not amended or modified.
D. City and Property Owner entered into the First Amendment to Development
Agreement between the City of Newport Beach and Golf Realty Fund pursuant to Ordinance No.
2022-16 and recorded in the Official Records of Orange County on XX, XXXX, as document
("First Amendment"), attached hereto as Exhibit "D" and incorporated herein by reference.
E. The Parties now wish to enter into this Second Amendment to increase the number
of tennis courts from seven (7) to eight (8), increase the number of hotel rooms from twenty-seven
(27) to forty-one (41), increase the gross floor area of ancillary hotel uses by four thousand six
hundred eight -six (4,686) square feet, and construct three (3) attached condominium units and two
(2) single-family residences in lieu of five (5) single-family residences.
F. On September 8, 2022, the Planning Commission held the public hearing on the
Second 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. PC2022-022, recommending the City Council approve the Second Amendment.
15-110
G. On September 27, 2022, the City Council held a noticed public hearing on the
Second Amendment and considered the testimony and information submitted by City staff,
Property Owner, and members of the public. On October 11, 2022, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held the second
reading and adopted Ordinance No. 2022- approving the Second Amendment.
H. This Second 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); Coastal Land Use
Plan designation as "MU-HIPR (Mixed Use Horizontal / Parks & Recreation"; the Newport Beach
Country Club Planned Community District that was adopted in 1997 by Ordinance No. 97-10, and
amended in 2022 by Ordinance No. 2022- in order to establish appropriate zoning to regulate
land use and development of the Property consistent with the General Plan; and Newport Beach
Country Club Planned Community Development Plan No. PC2005-002 approved for the Property
on March 27, 2012 by Ordinance No, 2012-2 and amended on October 11, 2022 by Ordinance No.
2022-
I. In recognition of the significant public benefits that this Second Amendment
provides, the City Council finds that this Second Amendment: (i) is consistent with the City of
Newport Beach General Plan as of the date of its adoption; (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 Addendum No. ND2022-001 to the previously adopted Mitigated Negative
Declaration No. ND2010-008 (SCH 2O10091052) and Errata to Mitigated Negative Declaration
No. ND2010-008 (together referred as "MND") for the Newport Beach Country Club Planned
Community District (PA2021-260 amending 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. Definitions. Section 1 of the Agreement is hereby amended to add or revise the
following definitions. Unless added or revised, all other definitions set forth in Section 1 of the
Agreement shall remain unchanged:
"Adopting Ordinance" shall mean City Council Ordinance No. 2022-� approving and
adopting this Second Amendment,
"Agreement" shall mean this Development Agreement, as the same may be amended from
time to time including, the First Amendment and Second Amendment.
"Agreement Date" shall mean October 11, 2022 which date is the date the City Council
adopter/ the Adopting Ordinance.
2
15-111
"Development Plan" shall mean the amendment to Newport Beach Planned Community
Development Plan No. PC2005-002 adopted pursuant to Ordinance No. 2022-_; amendment to
Vesting Tentative Tract Map No. NT2005-003 adopted pursuant to Resolution No. 2022-_;
amendment to Site Development Review No. SD2011-002 adopted pursuant to Resolution No.
2022-_; amendment to Limited Term Permit No. XP2011-004 adopted pursuant to Resolutions
No. 2022- ; General Plan Amendment adopted pursuant to Resolution No. 2022- ;
amendment to Coastal Development Permit No. CD2017-039 adopted pursuant to Resolution No.
2022; and Local Coastal Program Amendment No. PA2021-260.
"Development Regulations" shall mean the following regulations as they are in effect as
of the Agreement Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted, approved,
or imposed after the Agreement Date that impairs or restricts Property Owner's rights set forth in
this agreement, unless such amendment or modification is expressly authorized by this Agreement
or is agreed to by Property Owner in writing: the General Plan, the Coastal Land Use Plan, the
Development Plan, the Local Coastal Program Implementation Plan; and, to the extent not
expressly superseded by the Development PIan or this Agreement, all other land use and
subdivision regulations governing the permitted uses, density and intensity of use, design,
improvement, and construction standards and specifications, procedures for obtaining required
City permits and approvals for development, and similar matters that may apply to development
of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of
the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions).
Title 20 of the Municipal Code (planning and zoning) and Title 21 of the Municipal Code (local
coastal program implementation plan), but specifically excluding all other sections of the
Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and
regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein,
does not include any City ordinance, resolution, code, rule, regulation or official policy governing
any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and
assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment
permits and the conveyance of rights and interests which provide for the use of or entry upon
public property; or (v) the exercise of the power of eminent domain.
"Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that
is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting
Ordinance, the Development Plan, or any of the Development Regulations approved on or before
the Agreement Date is timely qualified for the ballot and a referendum election is held concerning
the Adopting Ordinance or any of such Development Regulations, the date on which the
referendum is certified resulting in upholding and approving the Adopting Ordinance and the
Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the
Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or
before the Agreement Date, the date on which said challenge is finally resolved in favor of the
validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the
applicable Development Regulations, which such finality is achieved by a final non -appealable
judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an
involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date
occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and
recorded against the Property memorializing the Effective Date.
15-112
"Project" shall mean all on -site and off -site improvements that Property Owner is
authorized and/or may be required to construct with respect to each parcel of the Property, as
provided in this Second Amendment and the Development Regulations, as amended by this
Second Amendment, and/or as the same may be modified or amended from time to time consistent
with this Second Amendment and applicable law.
2. Term of A reement. Section 2.4 of the Agreement is hereby amended in its entirety
to read as follows:
The term of this Agreement ("Term") shall commence on the Effective Date of Second
Amendment and shall terminate on the "Termination Date."
Notwithstanding any other provision set forth in this Agreement to the contrary, if any
Party reasonably determines that the Effective Date will not occur because (i) the Adopting
Ordinance or any of the Development Regulations approved on or before the Agreement Date for
the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non -
appealable judgment is entered in a judicial action challenging the validity or legality of the
Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project
approved on or before the Agreement Date such that this Agreement and/or any of such
Development Regulations is/are invalid and unenforceable in whole or in such a substantial part
that the judgment substantially impairs such Party 's rights or substantially increases its obligations
or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the
right to terminate this Agreement upon delivery of a written notice of termination to the other
Party, in which event neither Party shall have any further rights or obligations hereunder except
that Property Owner's indemnity obligations set forth in Article 10 shall remain in full force and
effect and shall be enforceable, and the Development Regulations applicable to the Project and the
Property only (but not those general Development Regulations applicable to other properties in
the City) shall be repealed by the City after delivery of said notice of termination except for the
Development Regulations that have been disapproved by City's voters at a referendum election
and, therefore, never took effect.
The Termination Date shall be the earliest of the following dates: (i) September 23, 2032;
(ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or
Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development
Agreement Statute; or (iii) completion of the Project in accordance with the terms of this
Agreement, including Property Owner's complete satisfaction, performance, and payment, as
applicable, of all Development Exactions, the issuance of all required final occupancy permits,
and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers
of dedication.
Notwithstanding any other provision set forth in this Agreement to the contrary, the
provisions set forth in Article 10 and Section 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.
3. Public Benefit Fee. Section 3.1 of the Agreement is hereby amended in its entirety
to read as follows:
Ll
15-113
As consideration for City's approval and performance of its obligations set forth in this
Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or
charge to which the Property and the Project would otherwise be subject to (herein, the "Public
Benefit Fee") in the total sum of five hundred two thousand two hundred fifty dollars
($502,250.00) broken down as follows: (i) ninety-three thousand dollars and 00/100 ($93,000.00
per residential dwelling unit) for a sum of four hundred sixty-five thousand dollars and 00/100
($465,000.00) for the residential units; and (ii) ten dollars and 00/ 100 ($10.00) per square foot of
the three thousand seven hundred twenty-five (3,725) square foot Tennis Clubhouse for a sum of
thirty-seven thousand two hundred fifty dollars and 00/100 ($37,250.00), with the unpaid balance
of said Public Benefit Fee increased on the first January 1 following the Effective Date of this
Agreement by the percentage increase in the CPI Index between the Effective Date and said
January I" date (the first "Adjustment Date") and thereafter with the unpaid balance of said Public
Benefit Fee increased on each subsequent January 1 during the Terri of this Agreement (each, an
"Adjustment Date") by the percentage increase in the CFI Index in the year prior to the applicable
Adjustment Date. The amount of the percentage increase in the CPI Index on the applicable
Adjustment Dates shall in each instance be calculated based on the then most recently available
CPI Index figures such that, for example, if the Effective Date of this Agreement falls on July 1
and the most recently available CFI Index figure on the first Adjustment Date (January 1 of the
following year) is the CPI Index for November of the preceding year, the percentage increase in
the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI
Index for November of the preceding year with the CPI Index for May of the preceding year (a 6-
month period). In no event, however, shall application of the CPI Index reduce the amount of the
Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable
Adjustment Date. Property Owner shall pay the Public Benefit Fee at the following time(s): (i) As
to the residential dwelling units, prior to the issuance of the first building permit for any residential
unit; and (ii.) as to the tennis clubhouse, prior to the issuance of the first building permit.
Notwithstanding any other provision set forth in this Agreement to the contrary, during the Term
of this Agreement, City shall not increase the Public Benefit Fee except pursuant to the CPI Index
as stated in this Section 3.1. The Public Fee Benefit Fee shall be calculated based on the total
square feet of construction for the tennis clubhouse. Property Owner shall not be entitled to any
credit or offset to the Public Benefit Fee for any existing buildings or structures. Property Owner
acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to
pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential tern of
this Agreement and is not severable from City's obligations and Property Owner's vesting rights
to be acquired hereunder, and that Property Owner expressly waives any constitutional, statutory,
or common law right it might have in the absence of this Agreement to protest or challenge the
payment of such fee on any ground whatsoever, including without limitation pursuant to the Fifth
and Fourteenth Amendments to the United States Constitution, California Constitution Article I
Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq. ), or
otherwise. In addition to any other remedy set forth in this Agreement for Property Owner's
default, if Property Owner shall fail to timely pay any portion of the Public Benefit Fee when due
City shall have the right to withhold issuance of any further building permits, occupancy permits,
or other development or building permits for the Development Plan.
4. Amendment or Cancellation of A reement. Section 5 of the Agreement is hereby
amended in its entirety to read as follows
5
15-114
This Agreement may be amended or canceled in whole or in part only by mutual written
and executed consent of the Parties in compliance with California Government Code Section
65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City
in the event of an uncured default of Property Owner.
5. Procedure. Section 7.3 of the Agreement is hereby amended in its entirety to read
as follows:
The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the
basis of substantial evidence, whether or not Property Owner has, for the period under review,
complied with the terms of this Agreement. If the Zoning Administrator finds that Property Owner
has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the
basis of substantial evidence, that Property Owner has not so complied, written notice shall be sent
to Property Owner by first class mail of the Zoning Administrator's finding of non-compliance,
and Property Owner shall be given at least ten (10) calendar days to cure any noncompliance that
relates to the payment of money and thirty (30) calendar days to cure any other type of
noncompliance. If a cure not relating to the payment of money cannot be completed within thirty
(30) calendar days for reasons which are beyond the control of Property Owner, Property Owner
must commence the cure within such thirty (30) calendar days and diligently pursue such cure to
completion. If Property Owner fails to cure such noncompliance within the time(s) set forth
above, such failure shall be considered to be a Default and City shall be entitled to exercise the
remedies set forth in Article $ below.
6. General Provisions. Section 8.1 of the Agreement is hereby amended in its entirety
to read as follows:
In the event of any material default, breach, or violation of the terms of this Agreement
("Default''), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default")
to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and
a reasonable manner and sufficient period of time (twenty (20) calendar days if the Default relates
to the failure to timely make a monetary payment due hereunder and not less than thirty (30)
calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure
Period"). During the Cure Period, the Party charged shall not be considered in Default for the
purposes of termination of this Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist.
If a non -monetary Default cannot be cured during the Cure Period with the exercise of
commercially reasonable diligence, the defaulting Party must promptly commence to cure as
quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice
of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the
foregoing, the City is not required to give Property Owner notice of default and may immediately
pursue remedies for a Property Owner Default that result in an immediate threat to public health,
safety or welfare.
7. Full Force and Effect. Except as modified by this Second Amendment, the entire
Agreement, First Amendment its exhibits, and the exhibits attached hereto, are incorporated
herein to this Second Amendment and shall remain in full force and effect.
8. Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
6
15-115
9. Recordation. The City Clerk shall record this Second Amendment in the Office
of the County Recorder of the County of Orange within the period required by California
Government Code Section 65 85 8.5 and Section 15.45.100 of the NBSMC.
[SIGNATURES ON NEXT PAGE1
15-116
SIGNATURE PAGE TO
SECOND 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
ws
ATTEST:
Leilani 1. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Kevin Muldoon, Mayor
Attachments: Exhibit A — Legal Description of Property
Exhibit B — Depiction of Property
Exhibit C — Development Agreement Recorded January 29, 2014
Exhibit D -- First Amendment to Development Agreement
F2
15-117
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of ) SS.
On 720 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.
l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
(seal)
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)
15-118
EXHIBIT A
LEGAL ❑ESCRIPTION OF PROPERTY
PARCELS A, B, C AN❑ D OF PARCEL MAP 2016-151, LOCATE❑ IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDE❑ IN
BOOK 402 PAGES 24 THROUGH 32 INCLUSIVE OF PARCEL MAPS, RECORDS OF
SAID COUNTY.
A-] 15-119
EXHIBIT B
DEPICTION OF PROPERTY
SHEET ; OF 8 S"U-n PARCEL MAP NO. 2016-151
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15-120
EXHIBIT C
DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND
GULF REALTY FUND RECORDED JANUARY 29 2a1,4
Available separately due to bulk at:
htt s://www.ne ❑rtbeachea. oil ovenunent/de artments/communi-develo mend lannin -
divisionldevelo ment-a reements
C-1
15-121
EXHIBIT D
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF
NEWPORT BEACH AND GOLF REALTY FUND
D-1
15-122
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Cleric
(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 TENNIS CLUB AT NEWPORT BEACH
WITHIN THE
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-123
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 chap 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 Tennis Club at
Newport Beach 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 (I0) 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 the
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 and updating certain provisions.
E. On May 12, 2022, the Planning Commission opened the noticed public hearing on
this First Amendment and continued the item to May 26, 2022.
F. On May 26, 2022, the Planning Commission held the 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.
15-124
G. On June 28, 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 July 12. 2022, consistent with applicable provisions of
the Development Agreement Statute and Ordinance, the City Council held the 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); Coastal
Land Use Plan 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 Newport Beach Country Club
Planned Community Development Plan No PC2005-002 approved for the Property on March 27,
2012 by Ordinance No. 2012-2.
1. The City Council finds 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 Mitigated Negative Declaration No.
ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative Declaration No. ND20I0-
008 (together referred as "MND") 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 65857 e1 seq.
and Chapter 15.45 City of Newport Beach Municipal Code ("NB1VIC").
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 "Tenn"} shalt 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 we[i 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:
15-125
"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 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 O'Hill
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 Agreement shall be deemed to be delivered
upon the earlier of: (i) the date received or (iii) three business days
after deposit in the mai I as provided above."
3
15-126
4. Full Force and Effect. Except as modified by this 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.
6. Recordation. The City Clerk shall record this First Amendment in the Office of
the County Recorder of the County of Orange within the period required by California
Government Code Section 65858.5 and Section 15.45.1 04 of the NB MC.
[SIGNATURES ON NEXT PAGE]
4
15-127
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
Kevin Muldoon, Mayor
ATTEST:
Leilani 1. 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
5
15-128
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshelthey 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
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On , 20 before me, , Notary Public,
personally appeared , 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 histherltheir 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)
C7
15-129
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel l 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.
A-1
15-130
THE VaLAS
;4
EXHIBIT B
DEPICTION OF PROPERTY
MASTER PLAN
THE TENNIS CLUB
I new stadium coup
C) Tennis Clubhouse
THE VILLAS
5 single lamely homes
-THE BUNGALOWS
27 guest rental units
THE GOLF CLUB
EXHIBIT C
DEVELOPMENT AGREEMENT RECORDED JANUARY 29, 2414
C-1
15-132
N
r'. —; rdPd Official Records, Orange County
RECORDING REQUESTED BY r .�Hf l�gI[i�. Nj�gu , Clerk -Recorder N ❑ FEE
l� Ij jj
AND WHEN RECORDED RETURN -'O: '" _ f li�#,� 6 4ffl�7 ll�lll�5��� 1110s�
201400006369 8:05 am 01/29/14
City of Newport Beach r 71CC422 Al 32
3300 Newport Boulevard �,0�0.00 0.00 0.00 93.00 0.00 0.00 0.00
Newport Beach, CA 92663-3884 r
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 rl}
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383. f
DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
GOLF REALTY FUND
CONCERNING PROPERTIES LOCATED IN NEWPORT CENTER
WITHIN THE
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
A 10-W773 01.07.12 v3
15-133
DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5)
This DEVELOPMENT AGREEMENT (the "Ageement") is dated for reference
purposes as of the LTday of i 60C , 2012 (the "Agent Date"), and is being entered
into by and between the City of Newport Beach ("City"), and Golf Realty Fund, a California
limited partnership "Propggy Owner"). City and Property Owner are sometimes collectively
referred to in this Agreement as the "Parties" and individually as a "Part ."
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 (the, "Property"). The Property consists of
approximately 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 area shown on Exhibit
B as The: Villas Sub- Area, The Tennis Club Sub -Area, and The Bungalows Sub -Area.
B. In order to encourage investment in, and commitment to, comprehensive planning
and public facilities financing, strengthen the public planning process and encourage private
implementation of the local general plan, provide certainty in the approval of projects in order to
avoid waste of time and resources, and reduce the economic costs of development by providing
assurance to property owners that they may proceed with projects consistent with existing land
use policies, rules, and regulations, the California Legislature adopted California Government
Code sections 65W-65869.5 (the "Develo ment AgLeement Statute") authorizing cities and
counties to enter into development agreements with persons or entities having a legal or
equitable interest in real property located within their jurisdiction.
C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding
Development Agreements" (the "Development Agreement Ordinance"). This Agreement is
consistent with the Development Agreement Ordinance.
D. As detailed in Section 3 of this Agreement, Property Owner has agreed to provide
the following significant public benefits as consideration for this Agreement: Visitor -Serving
Uses within the Coastal Zone, and other economic contributions including the payment of a
Public Benefit Fee.
E. This Agreement is consistent with the City of Newport Beach General Plan
("General Plan"), including without limitation the General Plan's designation of the Property as
"MU-H31PR" (Mixed Use Horizontal /(Parks and Recreation) (Anomaly 46), the Coastal Land
Use Plan's designation as "MU-HTR (Mixed Use Horizontal 1 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 County
Club Planned Community Development Plan No PC2005-002 approved for the Property on
March 27, 2012 by Ordinance No. g v I 2" 2. .
AIa-M73 r101-MII FINAL -1-
15-134
F. 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 PIan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and
general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and
constitutes a present exercise of, City's police power; (iv) is consistent and has been approved
consistent with the Final Environmental Impact Report for the City of Newport Beach General
Plan 2006 Update (State Clearinghouse No. 200601111 g) and the Mitigated Negative
Declaration No. ND2010-008 for the Newport Beach Country Club Planned Community District
(PA d D 0 S— lam) approved by the City Council on or before the Agreement Date, 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 and. City of Newport Beach Municipal Code chapter 15.45,
G. On October 20, 2011 and November I7, 2011 , City's Planning Commission held
public hearings on this Agreement, and on November 17, 2011, made findings and
determinations with respect to this Agreement, and recommended to the City Council that the
City Council approve this Agreement.
H. On January 24, 2012 and March 13, 2012 , the City Council also held public
hearings on this Agreement and considered the Planning Commission's recommendations and
the testimony and information submitted by City staff, Property Owner, and members of the
public. On March 27, 2012 , consistent with applicable provisions of the Development
Agreement Statute and Development Agreement Ordinance, the City Council adopted its
Ordinance No. 2012-3 (the "Adopting Ordinance"), finding this Agreement to be consistent with
the City of Newport Beach General Plan and approving this Agreement.
AGREEMENT
NOW, THEREFORE, City and Property Owner agree as follows.
1. Definitions.
In addition to any terms defined elsewhere in this Agreement, the following terms when
used in this Agreement shall have the meanings set forth below:
"Action" shall have the meaning ascribed in Section 8.10 of this Agreement.
"Adopting Ordinance" shall mean City Council Ordinance No. 2012-3 approving and
adopting this Agreement.
"Agreement" shall mean this Development Agreement, as the same may be amended
from time to time.
"A eement Date" shall mean March 27, 2012, which date is the date the City Council
adopted the Adopting Ordinance.
"CEQA" shall mean the California Environmental Quality Act (California Public
Resources Code Sections 21000-21177) and the implementing regulations promulgated
At0-00773 v401,06-11 FINAL 2
15-135
thereunder by the Secretary for Resources (California Code of Regulations, Title 14, section
15000 et seq.) ("CEQA Guidelines"), as the same may be amended from time to time.
"City" shall mean the City of Newport Beach, a California charter city.
"City Council" shall mean the governing body of City.
"City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this
Agreement.
"Claim" shall have the meaning ascribed in Section 10.1 of this Agreement.
"CPl Index" shall mean the Consumer Price Index published from time to time by the
United States Department of Labor for all urban consumers (all items) for the smallest
geographic area that includes the City or, if such index is discontinued, such other similar index
as may be publicly available that is selected by City in its reasonable discretion.
"Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement.
"Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement.
"Develop" or "Development" shall mean to improve or the improvement of the Property
for the purpose of completing the structures, improvements, and facilities comprising the Project,
including but not limited to: grading; the construction of infrastructure and public facilities
related to the Project, whether located within or outside the Property; the construction of all of
the private improvements and facilities comprising the Project; the preservation or restoration, as
required of natural and man-made or altered open space areas; and the installation of
landscaping. The teens "Develop" and "Development," as used herein, do not include the
maintenance, repair, reconstruction, replacement, or redevelopment of any structure,
improvement, or facility after the initial construction and completion thereof.
"Development Aareement Ordinance" shall mean Chapter 15.45 of the City of Newport
Beach Municipal Code.
"_Development Agreement Statute" shall mean California Government Code Sections
65864-65869.5, inclusive.
"Development Exactions" shall mean any requirement of City in connection with or
pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the
construction or installation of any public improvement or facility, or the payment of any fee or
charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the
Project on the environment or other public interests.
"Development Plan" shall mean the Newport Beach Planned CommunityDevelopment
Plan No. PC2005-002 for the Property adopted by Ordinance No. 2012-2, Vesting Tentative
Tract Map No. NT2005-003, Site Development Review No. SD2011-002 as approved by
Resolution No. 2012-10 for the Property, Limited Term Permit No. XP2011-004, and
A 10.00773 A 01.06.11 FINAL
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Conversion of Development Rights as approved by City Council on or before the Agreement
Date, as the same may be amended from time to time consistent with this Agreement.
"Development Regulations" shall mean the following regulations as they are in effect as
of the Agreement Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted,
approved, or imposed after the Agreement Date that impairs or restricts Property Owner's rights
set forth in this Agreement, unless such amendment or modification is expressly authorized by
this Agreement or is agreed to by Property Owner in writing: the General Plan; the Development
Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all
other land use and subdivision regulations governing the permitted uses, density and intensity of
use, design, improvement, and construction standards and specifications, procedures for
obtaining required City permits and approvals for development, and similar matters that may
apply to development of the Project on the Property during the Term of this Agreement that are
set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the
Municipal Code (subdivisions), and Title 20 of the Municipal Code (planning and zoning), but
specifically excluding all other sections of the Municipal Code, including without limitation Title
5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the
term "Development Regulations," as used herein, does not include any City ordinance,
resolution, code, rule, regulation or official policy governing any of the following: (1) the
conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control
and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of
rights and interests which provide for the use of or the entry upon public property, or (v) the
exercise of the power of eminent domain.
"Effective Date" shall mean the latest of the following dates, as applicable: (i) the date
that is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting
Ordinance or any of the Development Regulations approved on or before the Agreement Date is
timely qualified for the ballot and a referendum election is held concerning the Adopting
Ordinance or any of such Development Regulations, the date on which the referendum is
certified resulting in upholding and approving the Adopting Ordinance and such Development
Regulations and becomes effective, if applicable; (iii) if a lawsuit is timely filed challenging the
validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development
Regulations approved on or before the Agreement Date, the date on which said challenge is
finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement,
and/or the applicable Development Regulations, whether such finality is achieved by a final non -
appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to
appeal an involuntary dismissal), or binding written settlement agreement; or (iv) the date of
approval of a coastal development permit for the Project; (v) the date of or if a lawsuit is timely
filed challenging the validity or legality of the approval of a coastal development permit for the
Project, the date on which said challenge is finally resolved in favor of the validity or legality of
the coastal development permit for the Project, whether such finality is achieved by a final non -
appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to
appeal an involuntary dismissal), or binding written settlement agreement. Notwithstanding the
foregoing, the Effective Date shall be no later than one hundred eighty (180) days from the
Agreement Date. Promptly after the Effective Date occurs, the Parties agree to cooperate in
causing an appropriate instrument to be executed and recorded against the Property
memorializing the Effective Date.
A10-00773 A 01.06,tI nNAL 4
15-137
"Environmental Laws" means all federal, state, regional, county, municipal, and local
laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date,
and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances,
rules, and regulations which may hereafter be enacted and which apply to the Property or any
part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of
any Hazardous Substances, including without limitation the following. the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601,
et sew., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et s2g., as amended
("RCRA" ); the Emergency Planning and Community Right to Know Act of I986, 42 U.S.C.
Sections 11001 et sen., as amended; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et sect!., as
amended; the Clean Water Act, 33 U.S.C. Section 1251, et sue., as amended; the Toxic
Substances Control Act, 15 U.S.C. Sections 2601 et seA., as amended; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et sue, as amended; the Federal Safe
Drinking Water Act, 42 U.S.C. Sections 300f et sea., as amended; the Federal Radon and Indoor
Air Quality Research Act, 42 U.S.C. Sections 7401 et 5eo., as amended; the Occupational Safety
and Health Act, 29 U.S.C. Sections 651 et s�ce ., as amended; and California Health and Safety
Cade Section 25100, et M.
"General Plan" shall mean City's 2006 General Plan adopted by the City Council on July
25, 2006, by Resolution No. 2006-76, as amended through the Agreement Date but excluding
any amendment after the Agreement Date that impairs or restricts Property Owner's rights set
forth in this Agreement, unless such amendment is expressly authorized by this Agreement, is
authorized by Sections 8 or 9, or is specifically agreed to by Property Owner. The Land Use
Plan of the Land Use Element of the General Plan was approved by City voters in a general
election on November 7, 2006.
"Hazardous Substances" means any toxic substance or waste, pollutant, hazardous
substance or waste, contaminant, special waste, industrial substance or waste, petroleum or
petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or
breakdown component from any such substance or waste, including without limitation any
substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any
Environmental Law.
"Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any
other form of conveyance in which the Property, or a part or interest in the Property, is pledged
as security and contracted for in good faith and for fair value.
"N O —gee" shall mean the holder of a beneficial interest under a Mortgage or any
successor or assignee of the Mortgagee.
"Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement.
"Part " or "Parties" shall mean either City or Property Owner or both, as determined by
the context.
A10-00773 v40LD6.11FIN AL 5
15-138
"Project" shall mean all on -site and off -site improvements that Property Owner is
authorized and/or may be required to construct with respect to each parcel of the Property, as
provided in this Agreement and the Development Regulations, as the same may be modified or
amended from time to time consistent with this Agreement and applicable Iaw.
"Property" is described in Exhibit A and generally depicted on Exhibit B as The Tennis
Club, The Villas. and The Bungalows Sub -Areas shown on Exhibit B..
"Property Owner" shall mean Golf Realty Fund, a California limited partnership and any
successor or assignee, including lessees, to all or any portion of the right, title, and interest of
Golf Realty Fund in and to ownership of all or a portion of the Property.
"Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement.
"S bspquent Development Approvals" shall mean all discretionary development and
building approvals that Property Owner is permitted to obtain to Develop the Project on and with
respect to the Property after the Agreement Date consistent with the Development Regulations.
"Term" shall have the meaning ascribed in Section 2.4 of this Agreement.
"Termination Date" and "Lot Termination Date" shall have the meaning ascribed in
Section 2.4 of this Agreement.
"Transfer" shall have the meaning ascribed in Section 1 I of this Agreement.
2. General Provisions,
2.1 Plan Consistency. Zoning Implementation.
This Agreement and the Development Regulations applicable to the Property are
consistent with the General Plan.
2.2 Binding Effect of AgEeement.
The Property is hereby made subject to this Agreement. Development of the Property is
hereby authorized and shall be carried out in accordance with the terms of this Agreement.
2.3 PropqU Owner Representations and Warranties RegardingRegardkg Ownership of the
Property and Related Matters Pertaining to, this Agreement.
Property Owner and each person executing this Agreement on behalf of Property Owner
hereby represents and warrants to City as follows: (i) Property Owner or any co-owner
comprising Property Owner is a legal entity and that such entity is duly formed and existing and
is authorized to do business in the State of California; (ii) if Property Owner or any co-owner 0
comprising Property Owner is a natural person that such natural person has the legal right and
capacity to execute this Agreement; (iii) that all actions required to be taken by all persons and
entities comprising Property Owner to enter into this Agreement have been taken and that
A10-00773 r401.06.11 FWAL 6
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Property Owner has the legal authority to enter into this Agreement; (iv) that to the best of
Property Owner's knowledge, Property Owner's entering into and performing its obligations set
forth in this Agreement will not result in a violation of any obligation, contractual or otherwise,
that Property Owner or any person or entity comprising Property Owner has to any third party;
(v) that neither Property Owner nor any co-owner comprising Property Owner is the subject of
any voluntary or involuntary petition in bankruptcy; and (vi) that to the best of Property Owner's
knowledge, Property Owner has the authority and ability to enter into or perform any of its
obligations set forth in this Agreement.
2.4 Term.
The term of this Agreement (the "Term") shall commence on the Effective Date and shall
terminate on the "Termination Date."
Notwithstanding any other provision set forth in this Agreement to the contrary, if either
Party reasonably determines that the Effective Date of this Agreement will not occur because (i)
the Adopting Ordinance or any of the Development Regulations approved on or before the
Agreement Date for the Project has/have been disapproved by City's voters at a referendum
election or (ii) a final non -appealable judgment is entered in a judicial action challenging the
validity or legality of the Adopting Ordinance, this Agreement, a coastal development permit for
the Project and/or any of the Development Regulations for the Project approved on or before the
Agreement Date such that this Agreement and/or any of such Development Regulations is/are
invalid and unenforceable in whole or in such a substantial part that the judgment substantially
impairs such Party's rights or substantially increases its obligations or risks hereunder or
thereunder, then such Party shall have the right to terminate this Agreement upon delivery of a
written notice of termination to the other Party, in which event neither Party shall have any
further rights or obligations hereunder except that Property Owner's indemnity obligations set
forth in Article 10 shall remain in full force and effect and shall be enforceable, and the
Development Regulations applicable to the Project and the Property only (but not those general
Development Regulations applicable to other properties in the City) shall similarly be null and
void at such time.
The Termination Date shall be the earliest of the following dates- (i) the tenth (10th)
anniversary of the Effective Date, as said date may be extended in accordance with Section 5 of
this Agreement; (ii) such earlier date that this Agreement may be terminated in accordance with
Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the
Development Agreement Statute; (iii) as to any separate legal lot within the Property (but not as
to the balance of the Property or the portion thereof that remains subject to this Agreement at
such time), upon the "Lot Termination Date" (defined below); or (iv) completion of the Project
in accordance with the terms of this Agreement, including Property Owner's complete
satisfaction, performance, and payment, as applicable, of all Development Exactions, the
issuance of all required final occupancy permits, and acceptance by City or applicable public
agency(ies) or private entity(ies) of all required offers of dedication.
As used herein, the term "Lot Termination Date" for any separate legal lot within the
Property means the date on which all of the following conditions have been satisfied with respect
to said lot: (i) the lot has been finally subdivided and sold or leased (for a period longer than one
year), individually or in a "bulk" of four or fewer lots, to a member of the public or other
A I O-00773 v4 ❑1.Q6. i! F[NAL 7
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ultimate user; (ii) a final Certificate of Occupancy or "Release of Utilities" has been issued for
the building or buildings approved for construction on said lot.
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 Teti, ination Date of this Agreement.
3. Public Benefits.
3.1 Public Benefit Fee.
As consideration for City's approval and performance of its obligations set forth in this
Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or
charge to which the Property and the Project would otherwise be subject (herein, the "Public
Benefit Fee") in the sum of (i) Ninety-three thousandDollars ($ 93,000per each residential
dwelling units; and (ii) Ten dollars ($10) per square foot of construction for the proposed golf
clubhouse'; and (iii) Ten dollars ($10) per square foot of construction to the proposed tennis
clubhouse, with the unpaid balance of said Public Benefit Fee increased on the first. January 1
following the Effective Date of this Agreement by the percentage increase in the CPI Index
between the Effective Date and said January 1" date (the first "Adjustment Date") and thereafter
with the unpaid balance of said Public Benefit Fee increased on each subsequent January 1
during the Term of this Agreement (each, an "Adjustment Date") by the percentage increase in
the CPI Index in the year prior to the applicable Adjustment Date. The amount of the percentage
increase in the CPI Index on the applicable Adjustment Dates shall in each instance be calculated
based on the then most recently available CPI Index figures such that, for example, if the
Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure
on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of
the preceding year, the percentage increase in the CPI Index for that partial year (a 5-month
period) shall be calculated by comparing the CPI Index for November of the preceding year with
the CPI Index for May of the preceding year (a 6-month period). In no event, however, shall
application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion
thereof) below the amount in effect prior to any applicable Adjustment Date. Property Owner
shall pay the Public Benefit Fee at the following time(s): (i) As to the residential dwelling units,
at the issuance of the building permit for each individual residential unit; and (ii) as to the golf
clubhouse and tennis clubhouse construction, at the time each building permit is issued to
Property Owner or on Property Owner's behalf. Notwithstanding any other provision set forth in
this Agreement to the contrary, during the Term of this Agreement City shall not increase the
Public Benefit Fee except pursuant to the CPI Index as stated in this Section 3.1. The Public Fee
Benefit Fee shall be calculated based on the total square feet of construction for the proposed
golf clubhouse and proposed tennis clubhouse Property Owner shall not be entitled to any credit
or offset to the Public Benefit Fee for any existing buildings or structures. Property Owner
The City has entered into a separate Development Agreement with The Newport Beach Country Club, Inc.,
Development Agreement No. 2paQ SDI (the "NBCC DX'). pertaining to the development of a golf
clubhouse on the adjacent property. This requirement to pay a Public Benefit Fee for the construction of
the golf clubhouse shall not apply to Property Owner, unless Property Owner itself, or its successors or
assignees, is seeking issuance of permits for the construction of a golf clubhouse on the adjacent property.
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acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to
pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of
this Agreement and is not severable from City's obligations and Property Owner's vesting rights
to be acquired hereunder, and that Property Owner expressly waives any constitutional, statutory,
or common law right it might have in the absence of this Agreement to protest or challenge the
payment of such fee on any ground whatsoever, including without limitation pursuant to the
Fifth and Fourteenth Amendments to the United States Constitution, California Constitution
Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 el
seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Property
Owner's default, if Property Owner shall fail to timely pay any portion of the Public Benefit Fee
when due City shall have the right to withhold issuance of any further building permits,
occupancy permits, or other development or building permits for the Project.
3.2 Other Public Benefits.
The development of the Project will include the addition of Visitor -Serving Uses
consistent with the City's Coastal Land Use Plan and will provide a unique amenity for those
visitors whose interests include tennis. It is anticipated that the Property will continue to host
numerous events of significant social and economic benefit to the City, its citizens, businesses
and charitable institutions.
4. DeveIopment of Project.
4.1 Mplicable Regulations; Property Owner's Vested Rights and_Qy's Reservation
of Discretion With Respect to Subs uent Devel❑ ment Approvals.
Other than as expressly set forth in this Agreement, during the Term of this Agreement,
(i) Property Owner shall have the vested right to Develop the Project on and with respect to the
Property in accordance with the terms of the Development Regulations and this Agreement and
(ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with
the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein
is intended to limit or restrict City's discretion with respect to (i) review and approval
requirements contained in the Development Regulations, (ii) exercise of any discretionary
authority City retains under the Development Regulations, (iii) the approval, conditional
approval, or denial of any Subsequent Development Approvals applied for by Property Owner,
or that are required, for Development of the Project as of the Agreement Date provided that all
such actions are consistent with the Development Regulations, or (iv) any environmental
approvals that may be required under CEQA or any other federal or state law or regulation in
conjunction with any Subsequent Development Approvals that may be required for the Project,
and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves
its full discretion to the same extent City would have such discretion in the absence of this
Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to
vest Property Owner's rights with respect to any laws, regulations, rules, or official policies of
any other governmental agency or public utility company with jurisdiction over the Property or
the Project; or any applicable federal or state laws, regulations, rules, or official policies that may
be inconsistent with this Agreement and that override or supersede the provisions set forth in this
Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or
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official policies are adopted or applied to the Property or the Project prior or subsequent to the
Agreement Date.
Property Owner has expended and will continue to expend substantial amounts of time
and money in the planning and entitlement process to permit Development of the Project in the
future. Property Owner represents and City acknowledges that Property Owner would not make
these expenditures without this Agreement, and that Property Owner is and will be making these
expenditures in reasonable reliance upon obtaining vested rights to Develop the Project as set
forth in this Agreement.
Property Owner may apply to City for permits or approvals necessary to modify or
amend the Development specified in the Development Regulations, provided that unless this
Agreement also is amended, the request does not propose an increase in the maximum density,
intensity, height, or size of proposed structures, or a change in use that generates more peak hour
traffic or more daily traffic. In addition, Property Owner may apply to City for approval of
minor amendments to existing tentative tract maps, tentative parcel maps, or associated
conditions of approval, consistent with City of Newport Beach Municipal Code section
19.12.090. This Agreement does not constitute a promise or commitment by City to approve any
such permit or approval, or to approve the same with or without any particular requirements or
conditions, and City's discretion with respect to such matters shall be the same as it would be in
the absence of this Agreement.
4.2 No Conflicting Enactments.
Except to the extent City reserves its discretion as expressly set forth in this Agreement,
during the Term of this Agreement City shall not apply to the Project or the Property any
ordinance, policy, rule, regulation, or other measure relating to Development of the Project that
is enacted or becomes effective after the Agreement Date to the extent it conflicts with this
Agreement. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule,
regulation, or other measure applicable to the Project pursuant to California Government Code
Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In
Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme
Court held that a construction company was not exempt from a city's growth control ordinance
even though the city and construction company had entered into a consent judgment (tantamount
to a contract tinder California law) establishing the company's vested rights to develop its
property consistent with the zoning. The California Supreme Court reached this result because
the consent judgment failed to address the timing of development.. The Parties intend to avoid
the result of the Pardee case by acknowledging and providing in this Agreement that Property
Owner shall have the vested right to Develop the Project on and with respect to the Property at
the rate, timing, and sequencing that Property Owner deems appropriate within the exercise of
Property Owner's sole subjective business judgment, provided that such Development occurs in
accordance with this Agreement and the Development Regulations, notwithstanding adoption by
City's electorate of an initiative to the contrary after the Agreement Date. No City moratorium
or other similar limitation relating to the rate, timing, or sequencing of the Development of all or
any part of the Project and whether enacted by initiative or another method, affecting subdivision
maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the
Project to the extent such moratorium or other similar limitation restricts Property Owner's
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vested rights in this Agreement or otherwise conflicts with the express provisions of this
Agreement.
4.3 Reservations ofAuthority.
Notwithstanding any other provision set forth in this Agreement to the contrary, the laws,
rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the
Development of the Project on and with respect to the Property.
4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies,
petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals,
and any other matter of procedure shall apply to the Property, provided that such procedural
regulations are adopted and applied City-wide or to all other properties similarly situated in City.
4.3.2 Processing and Permit Fees. City shall have the right to charge and
Property Owner shall be required to pay all applicable processing and permit fees to cover the
reasonable cost to City of processing and reviewing applications and plans for any required
Subsequent Development Approvals, building permits, excavation and grading permits,
encroachment permits, and the like, for performing necessary studies and reports in connection
therewith, inspecting the work canstmucted or installed by or on behalf of Property Owner, and
monitoring compliance with any requirements applicable to Development of the Project, all at
the rates in effect at the time fees are due.
4.3.3 Consistent Future City.Regglations. City ordinances, resolutions,
regulations, and official policies governing Development which do not conflict with the
Development Regulations, or with respect to such regulations that do conflict, where Property
Owner has consented in writing to the regulations, shall apply to the Property.
4.3.4 Development Exactions Applicable to Property. During the Term of this
Agreement, Property Owner shall be required to satisfy and pay all Development Exactions at
the time performance or payment is due to the same extent and in the same amount(s) that would
apply to Property Owner and the Project in the absence of this Agreement; provided, however,
that to the extent the scope and extent of a particular Development Exaction (excluding any
development impact fee) for the Project has been established and fixed by City in the conditions
of approval for any of the Development Regulations approved on or before the Agreement Date,
City shall not alter, increase, or modify said Development Exaction in a manner that is
inconsistent with such Development regulations without Property Owner's prior written consent
or as may be otherwise required pursuant to overriding federal or state laws or regulations
(Section 4.3.5 hereinbelow). In addition, nothing in this Agreement is intended or shall be
deemed to vest Property Owner against the obligation to pay any of the following (which are not
included within the definition of "Development Exactions") in the full amount that would apply
in the absence of this Agreement: W City's nominal fees for processing, environmental
assessment and review, tentative tract and parcel map review, plan checking, site review and
approval, administrative review, building permit, grading permit, inspection, and similar fees
imposed to recover City's costs associated with processing, reviewing, and inspecting project
applications, plans, and specifications; (ii) fees and charges levied by any other public agency,
utility, district, or joint powers authority, regardless of whether City collects those fees and
charges; or (iii) community facility district special taxes or special district assessments or similar
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assessments, business license fees, bonds or other security required for public improvements,
transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water
service connection fees, new water meter fees, and the Property Development Tax payable under
Chapter 3.12 of City's Municipal Code,
4.3.5 Overridine Federal and State Laws and Regglations. Federal and state
laws and regulations that override Property Owner's vested rights set forth in this Agreement
shall apply to the Property, together with any City ordinances, resolutions, regulations, and
offiicial policies that are necessary to enable City to comply with the provisions of any such
overriding federal or state laws and regulations, provided that (i) Property Owner, does not waive
its right to challenge or contest the validity of any such purportedly overriding federal, state, or
City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City
law or regulation that prevents or precludes compliance with any provision of this Agreement,
City or Property Owner shall provide to the other Party a written notice identifying the federal,
state, or City law or regulation, together with a copy of the law or regulation and a brief written
statement of the conflict(s) between that law or regulation and the provisions of this Agreement.
Promptly thereafter City and Property Owner shall meet and confer in good faith in a reasonable
attempt to determine whether a modification or suspension of this Agreement, in whole or in
part, is necessary to comply with such, overriding federal, state, or City law or regulation, In
such negotiations, City and Property Owner agree to preserve the terms of this Agreement and
the rights of Property Owner as derived from this Agreement to the maximum feasible extent
while resolving the conflict. City agrees to cooperate with Property Owner at no cost to City in
resolving the conflict in a manner which minimizes any financial impact of the conflict upon
Property Owner. City also agrees to process in a prompt manner Property Owner's proposed
changes to this Agreement, the Project and any of the Development Regulations as may be
necessary to comply with such overriding federal, state, or City law or regulation; provided,
however, that the approval of such changes by City shall be subject to the discretion of City,
consistent with this Agreement.
4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation,
Program, or official policy that is necessary to protect persons on the Property or in the
immediate vicinity frorn conditions dangerous to their health or safety, as reasonably determined
by City, shall apply to the Property, even though the application of the ordinance, resolution., rule
regulation, program, or official policy would result in the impairment of Property owner's
vested rights under this Agreement.
4.3.7 Uniform Building Standards. Existing and future building and building_
related standards set forth in the uniform codes adopted and amended by City from time to time,
including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes,
and any modifications and amendments thereof shall all apply to the Project and the Property to
the same extent that the same would apply in the absence of this Agreement.
4.3.8 Public Works Im rnvements. To the extent Property Owner constructs or
installs any public improvements, works, or facilities, the City standards in effect for such public
improvements, works, or facilities at the time of City's issuance of a permit, license, or other
authorization for construction or installation of same shall apply.
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4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any
other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended
or shall be interpreted to require City to guarantee or reserve to or for the benefit of Property
Owner or the Property any utility capacity, service, or facilities that may be needed to serve the
Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater
treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to
limit or restrict Development of the Project if and to the extent that City reasonably determines
that inadequate utility capacity exists to adequately serve the Project at the time Development is
scheduled to commence.
4.4 Tentative Subdivision Maps.
City agrees that Property Owner 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)}, the life
of 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.
5. Amendment or Cancellation of Agreement.
Other than modifications of this Agreement under Section 8.3 of this Agreement, this
Agreement may be amended or canceled in whole or in part only by mutual written and executed
consent of the Parties in compliance with California Government Code section 65868 and City of
Newport Beach Municipal Code section 15.45.060 or by unilateral termination by City in the
event of an uncured default of Property Owner.
6. Enforcement.
Unless this Agreement is amended, canceled, modified, or suspended as authorized
herein or pursuant to California Government Code section 65869.5, this Agreement shall be
enforceable by either Party despite any change in any applicable general or specific plan, zoning,
subdivision, or building regulation or other applicable ordinance or regulation adopted by City
(including by City's electorate) that purports to apply to any or all of the Property.
7, Annual Review of Property Owner's Compliance With Agreement.
7.1 General.
City shall review this Agreement once during every twelve (12) month period following
the Effective Date for compliance with the terms of this Agreement as provided in Government
Code Section 65865.1. Property Owner (including any successor to the Property Owner
executing this Agreement on or before the Agreement Date) shall pay City a reasonable fee in an
amount City may reasonably establish from time to time to cover the actual and necessary costs
for the annual review. City's failure to timely provide or conduct an annual review shall not
constitute a Default hereunder by City.
7.2 Property Owner Obligation to Demonstrate Good Faith Compliance.
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During each annual review by City, Property Owner is required to demonstrate good faith
compliance with the terms of the Agreement. Property Owner agrees to famish such evidence of
good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty
(30) days prior to each anniversary of the Effective Date during the Term.
7.3 Procedure.
The City Council of City shall conduct a duly noticed hearing and shall determine, on the
basis of substantial evidence, whether or not Property Owner has, for the period under review,
complied with the terms of this Agreement. If the City Council finds that Property Owner has so
complied, the annual review shall be concluded. If the City Council finds, on the basis of
substantial evidence, that Property Owner has not so complied, written notice shall be sent to
Property Owner by first class mail of the City Council's finding of non-compliance, and Property
Owner shall be given at least ten (10) days to cure any noncompliance that relates to the payment
of money and thirty (30) days to cure any other type of noncompliance. If a cure not relating to
the payment of money cannot be completed within thirty (30) days for reasons which are beyond
the control of Property Owner, Property Owner must commence the cure within such thirty (30)
days and diligently pursue such cure to completion. If Property Owner fails to cure such
noncompliance within the time(s) set forth above, such failure shall be considered to be a Default
and City shall be entitled to exercise the remedies set forth in Article 8 below.
7.4 Annual Review a Non -Exclusive Means for Determining and.Rqquiring Cure of
Property Owner's Default.
The annual review procedures set forth in this Article 7 shalI not be the exclusive means
for City to identify a Default by Property Owner or limit City's rights or remedies for any such
Default.
8. Events of Default.
8.1 General Provisions.
In the event of any material default, breach, or violation of the teens of this Agreement
("Default"), the Party alleging a Default shall have the right to deliver a written notice (each, a
"Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the
alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the
Default relates to the failure to timely make a monetary payment due hereunder and not less than
thirty (30) days in the event of non -monetary Defaults) in which the Default must be cured (the
"Cure Period'). During the Cure Period, the Party charged shall not be considered in Default for
the purposes of termination of this Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist.
If a non -monetary Default cannot be cured during the Cure Period with the exercise of
commercially reasonable diligence, the defaulting Party must promptly commence to cure as
quickly as possible, and in no event later than thirty (30) days after it receives the Notice of
Default, and thereafter diligently pursue said cure to completion.
8.2 Default b Property Owner.
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If Property Owner is alleged to have committed a non -monetary Default and it disputes
the claimed Default, it may make a written request for an appeal hearing before the City Council
within ten (1 0) days of receiving the Notice of Default, and a public hearing shall be scheduled at
the next available City Council meeting to consider Property Owner's appeal of the Notice of
Default. Failure to appeal a Notice of Default to the City Council within the ten (l 0) day period
shall waive any right to a hearing on the claimed Default. If Property Owner's appeal of the
Notice of Default is timely and in good faith but after a public hearing of Property Owner's
appeal the City Council concludes that Property Owner is in Default as alleged in the Notice of
Default, the accrual date for commencement of the thirty (30) day Cure Period provided in
Section 8.1 shall be extended until the City Council's denial of Property Owner's appeal is
communicated to Property Owner.
8.3 City's Option to Terminate Agreement
In the event of an alleged Property Owner Default, City may not terminate this
Agreement without first delivering a written Notice of Default and providing Property Owner
with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and
complying with Section 8.2 if Property Owner timely appeals any Notice of Default with respect
to a non -monetary Default. A termination of this Agreement by City shah be valid only if good
cause exists and is supported by evidence presented to the City Council at or in connection with
a duly noticed public hearing to establish the existence of a Default. The validity of any
termination may be judicially challenged by Property Owner. Any such judicial challenge must
be brought within thirty (30) days of service on Property Owner, by first class mail, postage
prepaid, of written notice of termination by City or a written notice of City's determination of an
appeal of the Notice of Default as provided in Section 8.2. It is the intention of the Parties that,
while the City Council may declare a default and initiate termination of this Agreement on the
basis of substantial evidence in the administrative record, if the declaration of default is
contested in court, the court will review the default claim de novo and base its decision on
whether the preponderance of evidence supports the City Council's finding of breach.
8.4 Default by Ci .
If Property Owner alleges a City Default and alleges that the City has not cured the
Default within the Cure Period, Property Owner may pursue any equitable remedy available to it
under this Agreement, including, without limitation, an action for a writ of mandamus, injunctive
relief, or specific performance of City's obligations set forth in this Agreement. Upon a City
Default, any resulting delays in Property Owner's performance hereunder shall neither be a
Property Owner Default nor constitute grounds for termination or cancellation of this Agreement
by City and shall, at Property Owner's option (and provided Property Owner delivers written
notice to City within thirty (30) days of the commencement of the alleged City Default), extend
the Tenn for a period equal to the length of the delay.
8.5 Waiver.
Failure or delay by either Party in delivering a Notice of Default shall not waive that
Parry's right to deliver a future Notice of Default of the same or any other Default.
8.6 S ecific Performance Reined .
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Due to the size, nature, and scope of the Project, it will not be practical or possible to
restore the Property to its pre-existing condition once implementation of this Agreement has
begun. After such implementation, both Property Owner and City may be foreclosed from other
choices they may have had to plan for the development of the Property, to utilize the Property or
provide for other benefits and alternatives. Property Owner and City have invested significant
time and resources and performed extensive planning and processing of the Project in agreeing to
the terms of this Agreement and will be investing even more significant time and resources in
implementing the Project in reliance upon the terms of this Agreement. It is not possible to
determine the sum of money which would adequately compensate Property Owner or City for
such efforts. For the above reasons, City and Property Owner agree that damages would not be
an adequate remedy if either City or Property Owner fails to carry out its obligations under this
Agreement. Therefore, specific performance of this Agreement is necessary to compensate
Property Owner if City fails to carry out its obligations under this Agreement or to compensate
City if Property Owner falls to carry out its obligations under this Agreement.
8.7 MonetM Dama es.
The Parties agree that monetary damages shall not be an available remedy for either Party
for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7
is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit
Fees due from Property Owner as set forth herein; and (ii) nothing in this Section 8.7 is intended
or shall be interpreted to limit or restrict Property Owner's indemnity obligations set forth in
Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as
set forth in Section 8.10.
8.8 Additional City Remedy for Property Owner's Default
In the event of any Default by Property Owner, in addition to any other remedies which
may be available to City, whether legal or equitable, City shall be entitled to receive and retain
any Development Exactions applicable to the Project or the Property, including any fees, grants,
dedications, or improvements to public property which it may have received prior to Property
Owner's Default without recourse from Property Owner or its successors or assigns.
8.9 No Personal Liability of City Officials Em io ees or A ents.
No City official, employee, or agent shall have any personal liability hereunder for a
Default by City of any of its obligations set forth in this Agreement.
8.10 Recov of Legal Ex enses b Prevailing Party in Any Action.
In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between
the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement,
the prevailing Party shall 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 California 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.
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9. 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. In addition, in no event shall the time for performance of
a monetary obligation, including without limitation Property Owner's obligation to pay Public
Benefit Fees, be extended pursuant to this Section.
10. Indemnity Obligations of Property Owner.
10.1 Indemnity Arising From Acts or Omissions of Property Owner.
Property Owner shall indemnify, defend, and hold harmless City and City's officials,
employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties") from
and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses
(including but not limited to attorneys' fees and costs) (collectively, a "Claim"] that may arise,
directly or indirectly, from the acts, omissions, or operations of Property Owner or Property
Owner's agents, contractors, subcontractors, agents, or employees in the course of Development
of the Project or any other activities of Property Owner relating to the Property or pursuant to
this Agreement. City shall have the right to select and retain counsel to defend any Claire filed
against City and/or any of City's Affiliated Parties, and Property Owner shall pay the reasonable
cost for defense of any Claim. The indemnity provisions in this Section 1 ❑.1 shall commence on
the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the
Termination Date.
10.2 Third P Litigation.
In addition to its indemnity obligations set forth in Section 10.1, Property Owner small
indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any
Claim against City or City's Affiliated Parties seeking to attack.., set aside, void, or annul the
approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for
the Project (including without limitation any actions taken pursuant to CEQA with respect
thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant
to this Agreement. Said indemnity obligation shall include payment of attorney's fees, expert
witness fees, and court costs. City shall promptly notify Property Owner of any such Claim and
City shalt cooperate with Property Owner in the defense of such Claim. If City fails to promptly
notify Property Owner of such Claire, Property Owner shall not be responsible to indemnify,
defend, and hold City harmless from such Claim until Property Owner is so notified and if City
fails to cooperate in the defense of a Claim Property Owner shall not be responsible to defend,
indemnify, and hold harmless City during the period that City so fails to cooperate or for any
losses attributable thereto. City shall be entitled to retain separate counsel to represent City
against the Claim and the City's defense costs for its separate counsel shall be included in
Property Owner's indemnity obligation, provided that such counsel shall reasonably cooperate
with Property Owner in an effort to minimize the total litigation expenses incurred by Property
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Owner. In the event either City or Property Owner recovers any attorney's fees, expert witness
fees, costs, interest, or other amounts from the party or parties asserting the Claim, Property
Owner shall be entitled to retain the same (provided it has fully performed its indemnity
obligations hereunder). The indemnity provisions in this Section 10.2 shall commence on the
Agreement Date, regardless of whether the Effective Date occurs, and shall survive the
Termination Date.
10.3 Environmental Indemnity.
In addition to its indemnity obligations set forth in Section 10.1, from and after the
Agreement Date Property Owner shall indemnify, defend, and hold harmless City and City's
Affiliated Parties from and against any and all Claims for personal injury or death, property
damage, economic loss, statutory penalties or fines, and damages of any kind or nature
whatsoever, including without limitation attorney's fees, expert witness fees, and costs, based
upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous
Substance on or under any of the Property in violation of any applicable Environmental Law; (ii)
the actual or alleged migration of any Hazardous Substance from the Property through the soils
or groundwater to a location or locations off of the Property, and (iii) the storage, handling,
transport, or disposal of any Hazardous Substance on, to, or firom the Property and any other area
disturbed, graded, or developed by Property Owner in connection with Property Owner's
Development of the Project. The foregoing indemnity obligations shad not apply to any
Hazardous Substance placed or stored on a separate legal lot within the Property after the Lot
Termination Date for said lot, as provided in Section 2.4 of this Agreement. The indemnity
provisions in this Section 10.3 shall commence on the Agreement Date, regardless of whether the
Effective Date occurs, and shall survive the Termination Date.
11. Assi ment.
Property Owner shall have the right to sell, transfer, or assign (hereinafter, collectively, a
"Transfer") Property Owner's fee interest in to the Property, in whole or in part, to any person,
partnership, joint venture, firm, or corporation (which successor, as of the effective date of the
Transfer, shall become the "Property Owner" under this Agreement) at any time from the
Agreement Date until the Termination Date; provided, however, that no such Transfer shall
violate the provisions of the Subdivision Map Act (Government Code Section 66410 e_ t secs.) or
City's local subdivision ordinance and any such Transfer shall include the assignment and
assumption of Property Owner's rights, duties, and obligations set forth in or arising under this
Agreement as to the Property or the portion thereof so Transferred and shall be made tin strict
compliance with the following conditions precedent: (i) no transfer or assignment of any of
Property Owner's rights or interest under this Agreement shall be made unless made together
with the Transfer of all or a part of the Property; and (ii) prior to the effective date of any
proposed Transfer, Property Owner (as transferor) shall notify City, in writing, of such proposed
Transfer and deliver to City a written assignment and assumption, executed in recordable form
by the transferring and successor Property Owner and in a form subject to the reasonable
approval of the City Attorney of City (or designee), pursuant to which the transferring Property
Owner assigns to the successor Property Owner and the successor Property Owner assumes from
the transferring Property Owner all of the rights and obligations of the transferring Property
Owner with respect to the Property or portion thereof to be so Transferred, including in the case
of a partial Transfer the obligation to perform such obligations that must be performed off of the
A l O-W773 v4 0 L06.11 FINAL 18
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portion of the Property so Transferred that are a condition precedent to the successor Property
Owner's right to develop the portion of the Property so Transferred.
Notwithstanding any Transfer, the transferring Property owner shall continue to be
jointly and severally liable to City, together with the successor Property Owner, to perform all of
the transferred obligations set forth in or arising under this Agreement unless the transferring
Property Owner is given a release in writing by City, which release shall be only with respect to
the portion of the Property so Transferred in the event of a partial Transfer. City shall provide
such a release upon the transferring Property Owner's full satisfaction of all of the following
conditions: (1) the transferring Property Owner no longer has a legal or equitable interest in the
portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the
transferring Property Owner is not then in Default under this Agreement and no condition exists
that with the passage of time or the giving of notice, or both, would constitute a Default
hereunder, (iii) the transferring Property Owner has provided City with the notice and the fully
executed written and recordable assignment and assumption agreement required as set forth in
the first paragraph of this Section 11; and (iv) the successor Property Owner either (A) provides
City with substitute security equivalent to any security previously provided by the transferring
Property Owner to City to secure performance of the successor Property Owner's obligations
hereunder with respect to the Property or the portion of the Property so Transferred or (B) if the
transferred obligation in question is not a secured obligation, the successor Property Owner
either provides security reasonably satisfactory to City or otherwise demonstrates to City's
reasonable satisfaction that the successor Property Owner has the financial resources or
commitments available to perform the transferred obligation at the time and in the manner
required under this Agreement and the Development Regulations for the Project.
12. Mart a ee Rights.
12.1 Encumbrances on Property.
The Parties agree that this Agreement shall not prevent or Iimit Property Owner in any
manner from encumbering the Property, any part of the Property, or any improvements on the
Property with any Mortgage securing financing with respect to the construction, development,
use, or operation of the Project.
12.2 Mortgagee Protection.
This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless,
no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any
Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or
interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure,
trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all
of the terms and conditions of this Agreement_ Any Mortgagee who takes title to the Property or
any part of the Property shall be entitled to the benefits arising under this Agreement.
12.3 Mort ee Nat Obli ated.
Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any
obligation or duty under the terms of this Agreement to perform the obligations of property
Owner or other affirmative covenants of Property Owner, or to guarantee this performance
A10-00773 v4 01.06.11 FINAL 19
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except that: (i) the Mortgagee shall have no right to develop the Project under the Development
Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that
any covenant to be performed by Property Owner is a condition to the performance of a covenant
by City, that performance shall continue to be a condition precedent to City's performance.
12.4 Notice of Default to Mortgagee, Right of Mortgagee to Cure.
Each Mortgagee shall, upon written request to City, be entitled to receive written notice
from City of: (i) the results of the periodic review of compliance specified in Article 7 of this
Agreement, and (ii) any default by Property Owner of its obligations set forth in this Agreement.
Each Mortgagee shall have a further right, but not an obligation, to cure the Default
within ten (10) days after receiving a Notice of Default with respect to a monetary Default and
within thirty (30) days after receiving a Notice of Default with respect to a non -monetary
Default. If the Mortgagee can only remedy or cur a non -monetary Default by obtaining
possession of the Property, then the Mortgagee shall have the right to seek to obtain possession
with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -
monetary Default within thirty (30) days after obtaining possession and, except in case of
emergency or to protect the public health or safety, City may not exercise any of its judicial
remedies set forth in this Agreement to terminate or substantially alter the rights of the
Mortgagee until expiration of the thirty (30)-day period. In the case of a non -monetary Default
that cannot with diligence be remedied or cured within thirty (30) days, the Mortgagee shall have
additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee
promptly commences to cure the non -monetary Default within thirty (30) days and diligently
prosecutes the cure to completion.
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13. Miscellaneous Terms.
13.1 Notices.
Any notice or demand that shall be required or permitted by Iaw or any provision of this
Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shalt
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 92663-3894
TO PROPERTY OWNER: Golf Realty Fund
One Upper Newport Plaza
Newport Beach, California 92660
Attn: Robert O Hill
With a copy to: Tim Paone
Cox Castle & Nicholson, LLP
19840 MacArthur Blvd., Suite 500
Irvine, CA, 92612
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
Agreement shall be deemed to be delivered upon the earlier of: (i) the date received or (iii) three
business days after deposit in the mail as provided above.
13.2 Private Undertakinlp.
Any future Development of the Project is a private undertaking. Neither Party will be
acting as the agent of the other in any respect, and each Party will be an independent contracting
entity with respect to the terms., covenants, and conditions set forth in this Agreement. This
Agreement forms no partnership, joint venture, or other association of any kind. The only
relationship between the Parties is that of a government entity regulating the Development of
private property by the owner or user of the Property.
A 10-00773 v4 01.06.11 FINAL 21
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13.3 Cooperation.
Each Party shall cooperate with and provide reasonable assistance to the other Party to
the extent consistent with and necessary to implement this Agreement. Upon the request of a
Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if
reasonably required, and file or record the required instruments and writings and take any actions
as may be reasonably necessary to implement this Agreement or to evidence or consummate the
transactions contemplated by this Agreement.
13.4 Estoppel Certificates.
At any time, either Party may deliver written notice to the other Party requesting that that
Party certify in writing; that, to the best of its knowledge: (i) this Agreement is in full force and
effect and is binding on the Party, (ii) this Agreement has not been amended or modified either
orally or in writing or, if this Agreement has been amended, the Party providing the certification
shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in
the performance of its obligations under this Agreement and no event or situation has occurred
that with the passage of time or the giving of Notice or both would constitute a Default or, if
such is not the case, then the other Party shall describe the nature and amount of the actual or
prospective Default.
The Party requested to furnish an estoppel certificate shall execute and return the
certificate within thirty (30) days following receipt. Requests for the City to furnish an estoppel
certificate shall include reimbursement for all administrative costs incurred by the City including
reasonable attorneys fees incurred by the City in furnishing an estoppels certificate.
13.5 Rules of Construction.
The singular includes the plural; the masculine and neuter include the feminine; "shall" is
mandatory; and "may" is permissive.
13.6 Time Is of the Essence.
Time is of the essence regarding each provision of this Agreement as to which time is an
element.
13.7 Waiver.
The failure by a Party to insist upon the strict performance of any of the provisions of this
Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the
other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the
other Party in the future.
13.8 Count arts.
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.
AIO-00773 rd 0L06.11 MAL 22
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13.9 Entire A Bement.
This Agreement constitutes the entire agreement between the Parties and supersedes all
prior agreements and understandings, both written and oral, between the Parties with respect to
the subject matter addressed in this Agreement.
13.10 Severability.
The Parties intend that each and every obligation of the Parties is interdependent and
interrelated with the other, and if any provision of this Agreement or the application of the
provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is
the intention of the Parties that the remainder of this Agreement or the application of the
provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties
intend that neither Party shall receive any of the benefits of the Agreement without the hall
performance by such Party of all of its obligations provided for under this Agreement. Without
limiting the generality of the foregoing, the Parties intend that Property Owner shall not receive
any of the benefits of this Agreement if any of Property Owner's obligations are rendered void or
unenforceable as the result of any third party litigation, and City shall be free to exercise its
legislative discretion to amend or repeal the Development Regulations applicable to the Property
and Property Owner shall cooperate as required, despite this Agreement, should third party
litigation result in the nonperformance of Property Owner's obligations under this Agreement.
The provisions of this Section 13.10 shall apply regardless of whether the Effective Date occurs
and after the Termination Date.
13.11 Construction.
This Agreement has been drafted after negotiation and revision. Both City and Property
Owner are sophisticated parties who were represented by independent counsel throughout the
negotiations or City and Property Owner had the opportunity to be so represented and voluntarily
chose to not be so represented. City and Property Owner each agree and acknowledge that the
terms of this Agreement are fair and reasonable, taking into account their respective purposes,
terms, and conditions. This Agreement shall therefore be construed as a whole consistent with
its fair meaning and applicable principle or presumptions of contract construction or
interpretation, if any, shall be used to construe the whole or any part of this Agreement in favor
of or against either Party.
13.12 Successors and Assigns,• Constructive Notice and A tance.
The burdens of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this
Agreement shall be enforceable as equitable servitudes and constitute covenants running with the
land. Each covenant to do or refrain from doing some act hereunder with regard to Development
of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii)
runs with the Property and each portion thereof; and (iii) is binding upon each Party and each
successor in interest during its ownership of the Property or any portion thereof. Every person
or entity who now or later owns or acquires any right, title, or interest in any part of the Project
or the Property is and shall be conclusively deemed to have consented and agreed to every
provision of this Agreement. This Section 13.12 applies regardless of whether the instrument by
AIO-DW73 A OLO&11 frNAL 23
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which such person or entity acquires the interest refers to or acknowledges this Agreement and
regardless of whether such person or entity has expressly entered into an assignment and
assumption agreement as provided for in Section 11.
13.13 No Third Party Beneficiaries.
The only Parties to this Agreement are City and Property Owner. This Agreement does
not involve any third party beneficiaries, and it is not intended and shall not be construed to
benefit or be enforceable by any other person or entity.
13.14 Applivable Law and Venue.
This Agreement shall be construed and enforced consistent with the internal laws of the
State of California, without regard to conflicts of Iaw principles. Any action at law or in equity
arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
13.15 Section Headings.
All section headings and subheadings are inserted for convenience only and shall not
affect construction or interpretation of this Agreement.
1116 Incorporation of Recitals and Exhibits
All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and
B are attached to this Agreement and incorporated by this reference as follows:
EXHIBIT
DESIGNATION DESCRIPTION
A Legal Description of Property
B Depiction of the Property
13.I7 Recordation.
The City Clerk of City shall record this Agreement and any amendment, modification, or
cancellation of this Agreement in the Office of the County Recorder of the County of Orange
within the period required by California Government Code section 65868.5 and City of Newport
Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not
modify or amend the Effective Date or the Termination Date.
A 10-00773 A 01.06.1 i RN AL 24
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SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT
"PROPERTY OWNER"
a
Its:
By:
Its:
"CITY"
CITY OF NE . QRT'BEAG
By:
Its: Mayor
q7-
A 1 EST: C
City Clerk —
ROVE ) AS TO FORM:
Aaron Harp, City Attorney
A10.00773 ■401.06.11 FINAL 25
15-158
STATE OF CALIFORNIA
COUNTY OF ORANGE
On bjoq l LI 1�� , before me, t-: kN IV3 01U�- Ue - I , a NotaryPublic
in and for said State, 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.
Notafy Pub) c in and i
said y and State
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
JENNIFER ANN MULVEY
COMMISS)a * 2045022
�✓c
z . Notary Public - California ZZ
x Orange County
Comm. Expires Oct 12. 2017
ACKNOWLEDGMENT
a Notary
Public in and for said State, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
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,
before me,
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.
Notary Public in and for
said County and State
15-159
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT
"PROPERTY OWNER"
By:
Its: v`f,con. err'c� .
By-
Its:
CITY OF NEWPORT BEACH
By:
Its: Mayor
ATTEST:
City Clerk
7
77=!
M:
aron Harp, City Attomey 7 �Z
A10-00773 W 01.06.11 nNAL 25
15-160
STATE OF CALIFORNIA
COUNTY OF ORANGE
Ort I�_� 4-1 ,l 1� 4— - _ , before me, z' , a Notary Public
in and for said State, personally appearedy,36E D H k
who proved to me on the basis of satisfactory evidence to be the person($') whose name(s) IslaFe
subscribed to the within instrument and acknowledged to me that helslreltfw)� executed the same
in hislf»Ithoir authorized capacity(ies), and that by his&l Ither signatures(a) on the instrument
the person(, or the entity upon behalf of which the person(&) 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. SHANE THOMAS JOHNSON
Cararnission # 1991314
Notary Public • Ca'.itornfa z
* Orange County a
My Comm,ExpExpires Sep 16, 2016
Notary Public to and for
said County and State
ACKNOWLEDGMENT
STATE OF CALIFORNIA
CDUNTY OF ORANGE
On , before me, , a Notary
Public in and for said State, 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 helshelthey executed the same
in Ns/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.
Notary Public in and for
said County and State
15-161
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property:
Parcel l 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.
A10-00773 v401-06-11 HNAL
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Page
1■ i 0-i a i
DEPICTION OF PROPERTY
TO BE INSERTED
15-163
EXHIBIT B
DEPICTION OF PROPERY
MASTER PLAN
-THETENNiS CLU9.5ub•Aiaa
' 1 new stadium court
Tennis Clubhouse
• THE VILLAS • Sub Area
r. 5 single family homes
• THE GUNGALMS - Sub Area
r 27 guest rental units
JD 'R. ..
r1q
•THE GOLF CLUB •Sub Area
�', y' •• - NOT A PART
THE VILLAS
THE
BUNGALOWS THE
TENNIS CLUB
ti
NRCC
Planned Cmmnwnity
s t L a r n s D(HI31T
AF,CI+IT1CTURE
1QF1
15-164
Attachment F
Planning Commission Staff Report, Dated September 8, 2022 (without attachments)
15-165
PO
cgL'FOP-
SUBJECT:
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 8, 2022
Agenda Item No. 3
Tennis Club at Newport Beach Project Amendment (PA2021-260)
■ General Plan Amendment
■ Local Coastal Land Use Plan Amendment
■ Planned Community Development Plan Amendment
■ Major Site Development Review Amendment (SD2011-002)
■ Coastal Development Permit Amendment (CD2017-039)
■ Vesting Tentative Tract Map Amendment (NT2005-003)
■ Limited Term Permit Amendment (XP2011-004)
■ Development Agreement Amendment (DA2008-001)
■ Addendum to Mitigated Negative Declaration (ND2010-008)
SITE 1602 East Coast Highway
LOCATION:
APPLICANT: Robert O' Hill (Golf Realty Fund, Managing Owner)
OWNER: Dba NBCC L & I
PLANNER: David Lee, Associate Planner
949-644-3225 or dlee@newportbeachca.gov
PROJECT SUMMARY
The applicant requests an amendment to the approved Tennis Club at Newport Beach
project to 1) increase the number of future tennis courts from seven (7) to eight (8) courts,
2) increase the number of future hotel rooms from 27 to 41 rooms, 3) increase the gross
floor area of the ancillary hotel uses by 4,686 square feet, and 4) provide three (3)
attached condominium units and two (2) detached single-family residences in -lieu of five
(5) detached single-family residences. The request also includes a 10-year term
extension to the approve project's Development Agreement to ensure the orderly
development of the property and certain public benefits to the City.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that the Proposed Project will not result in any new significant impacts that were
not previously analyzed in the adopted Mitigated Negative Declaration No. ND2010-
008 (SCH 2O10091052) for the Approved Project, and the addendum has been
prepared to address reasonably foreseeable environmental impacts resulting from
the Proposed Project; and
15-166
Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 2
3) Adopt Resolution No. PC2022-022, recommending the City Council approval of
PA2021-260, which includes adoption of a Mitigated Negative Declaration
Addendum, and approval of a General Plan Amendment, Local Coastal Land Use
Plan Amendment, Planned Community Development Plan Amendment, Major Site
Development Review Amendment, Coastal Development Permit Amendment,
Vesting Tentative Tract Map Amendment, Limited Term Permit Amendment, and
Development Agreement Amendment for The Tennis Club at Newport Beach Project
located at 1602 East Coast Highway.
15-167
Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 3
VICINITY MAP
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1
Granville Dr.
Golf Course
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Subject Property
III
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Of
GENERAL PLAN
ZONING
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A
'
a
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
MU-H3/PR (Mixed -Use
ON -SITE
Horizontal 3/Parks and
PC-47 (Newport Beach
Tennis Club
Recreation
Country Club)
NORTH
RM (Multiple Residential
RM (Multiple Residential)]
mily residences
SOUTH
CO-G (General
PC-40 (Corporate Plaza
Commercial Office
West)Offices
EAST =1
CO-G =F
OG Office -General
Offices
WEST =1
PR 11
PC-47
Golf Club
15-168
Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 4
INTRODUCTION
Project Setting and Background
The subject property is approximately seven (7) acres in size and presently improved with
a private tennis club consisting of a 3,725-square-foot tennis clubhouse, 14 tennis courts,
32 pickle ball courts, and a 125-space surface parking lot. The subject property is located
adjacent to the Newport Beach Country Club Golf Course and west of the Corporate Plaza
West Planned Community, which consists of several office buildings. The site is also
located directly south of the Granville residential community.
On March 27, 2012, the City Council approved land use entitlements and executed a 10-
year term development agreement (DA) to allow the redevelopment of the tennis club site
into three distinct components:
1) Tennis Club — Reconstruct the existing 3,725-square-foot tennis clubhouse, and
reduce the total number of tennis courts from 24 to seven (7) courts, including one
lighted stadium court;
2) Hotel (Bungalows) - Construct a 27-room boutique hotel with ancillary uses
consisting of a performance therapy center, yoga pavilion, hotel office, common
area, and a spa and fitness center; and
3) Residential (Villas) - Construct five (5) detached single-family residences.
Since the project site is located in the Coastal Zone, a coastal development permit (CDP)
is required to implement the project. On April 10, 2013, the California Coastal Commission
(CCC), which had permitting jurisdiction for Coastal Development Permits (CDP) at the
time, issued a notice of intent to issue CDP No. 5-12-160 for the project. However, the
CDP eventually expired without action. The City obtained CDP permitting authority in
January of 2017, and on November 20, 2018, the City's Zoning Administrator approved
a CDP authorizing the redevelopment of the tennis club consistent with the 2012
entitlements. The CDP is scheduled to expire on November 20, 2022, after receiving two,
one-year time extensions. The project includes both the 2012 City Council and 2018
Zoning Administrator approvals (commonly referred to as "Approved Project").
15-169
Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 5
The exhibit below illustrates the proposed site plan for the Approved Project:
The Approved Project has not been implemented to date and continues to operate as a
private tennis club, with pickleball courts being introduced in 2019.
On June 28, 2022, the City Council approved the first amendment to the DA previously
approved in 2012, which authorized the extension of the DA by one year. This provided
City Staff additional time to process an amendment to the Approved Project, which was
submitted by the applicant on November 2, 2021.
Project Description
The applicant is requesting an amendment to the Approved Project to add one tennis court
for a total of eight (8) tennis courts, 14 hotel rooms for a total of 41 hotel units with additional
15-170
Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 6
ancillary uses, and to allow three (3) of five (5) single-family residential units to be converted
to condominiums ("Proposed Project").
The following approvals are requested or required in order to implement the Proposed
Project:
• General Plan Amendment: An amendment to Anomaly No. 46 of Table LU2 of the
2006 Newport Beach General Plan Land Use Element to amend the allowable
development limits for the tennis club site;
• Local Coastal Program Implementation Plan Amendment: An amendment to Local
Coastal Implementation Plan Section 21.26.055.S.2 (Tennis Club of Newport
Beach Country Club Planned Community Coastal Zoning District Development
Standards) to amend land use regulations for the tennis club site;
• Planned Community Development Plan Amendment: An amendment to Planned
Community Development Plan No. 47 (Newport Beach Country Club Planned
Community) to amend land use regulations and development standards on the
tennis club site;
• Major Site Development Review: A site development review in accordance with
Section 4.0 (Site Development Review) of Planned Community Development Plan
No. 47 and NBMC Section 20.52.80 (Site Development Reviews) for the
construction of the Proposed Project;
• Coastal Development Permit: An amendment to Coastal Development Permit No.
CD2017-039 for the demolition of existing structures, further subdivision on the
tennis club site, and implementation of the Proposed Project;
• Tentative Vesting Tract Map: An amendment to Tentative Vesting Tract Map
pursuant to Title 19 of the Municipal Code to create separate lots for the tennis
club site;
• Limited Term Permit: A limited term permit to allow temporary use of structures
during construction pursuant to Section 20.60.015 of the Municipal Code;
• Development Agreement: A second amendment to the Development Agreement
(DA2008-001), between the applicant and the City pursuant to Section 15.45 of
the Municipal Code, which would provide vested right to develop the Proposed
Project while also providing negotiated public benefits and extend the term of
Agreement for an additional 10 (ten) years; and
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Tennis Club at Newport Beach Project Amendment (PA2021-260)
Planning Commission, September 8, 2022
Page 7
• Addendum to the 2010 Mitigated Negative Declaration: Pursuant to the California
Environmental Quality Act ("CEQA"), the addendum addresses reasonably
foreseeable environmental impacts resulting from the proposed development.
The Proposed Project does not increase the overall footprint of the Approved Project. The
Proposed Project introduces two (2) new loft buildings, which includes a mixture of
attached residential condominiums atop of two levels of hotel rooms and are a maximum
height of 46 feet. The additional hotel amenities, which includes a hotel office, common
area, performance therapy center, and yoga pavilion, are located within the first floor of
one of the loft buildings (Bungalow Lofts). The remainder of the hotel rooms remain as
bungalow -style buildings as previously envisioned and approved, have a maximum height
of 31 feet, and are located throughout the project site. Parking is available for each
component of the project, as there are multiple parking lots, street parking, and
underground parking available for residents, the tennis club, and hotel guests. A total of
131 parking spaces are provided, where 91 spaces are required (Table 4, below). The
Proposed Project features a distinct architectural style, which includes smooth plaster
exterior siding, clay -tile roofs, and stone veneer exterior accent finishes that is compatible
with the surrounding uses and area. The exhibit below illustrates the site plan for the
Proposed Project:
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The anticipated duration of construction of the Proposed Project is approximately 20
months, which will begin with the demolition of the existing tennis and pickleball courts
and portion of the parking lot. Six (6) tennis courts are to be maintained for use during
construction. The construction of the hotel rooms, tennis club house and stadium court
will follow immediately and will be completed with the construction of the residential units.
A Phasing Plan is included as part of the Project Plans and is attached to the Staff Report
(Attachment No. PC 6).
The property has an existing parking lot with two (2) entrances currently taken from
Clubhouse Drive, which has a westerly outlet to East Coast Highway and an easterly
outlet to Granville Drive and Newport Center Drive. During the various phases of
construction, the easterly entrance to the parking lot will remain available to the public for
parking and will provide direct access for the modular office trailer and portable toilets,
while the westerly entrance will be for construction access only. A Construction
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Management Plan is included as an attachment to the Staff Report (Attachment No. PC
4). Table 1 provides a summary of the Approved Project comparing it to the and the
Proposed Project:
Table 1 — Proiect Comparison
Use
Approved Project
Proposed Project
Tennis
Clubhouse (3,725 sq. ft.)
No Change
7 Tennis Courts
8 Tennis Courts (+1)
Hotel
27 Hotel Rooms
41 Hotel Rooms (+14)
Concierge Center (2,200 sq. ft.)
No Change
Spa/Fitness Center (7,500 sq. ft.)
No Change
+4,686 sq. ft. of Ancillary Uses
Performance Therapy (+852 sq. ft.),
Yoga Pavilion (+633 sq. ft.),
Administrative Office (+2,620 sq. ft.),
Common Area +581 sq. ft.
Residential
5 Detached Single -Family
2 Detached Single -Family
Residences
Residences
3 Attached Condominiums
DISCUSSION
Analysis
General Plan
The subject property has a General Plan Land Use designation of Mixed -Use Horizontal
3/Parks and Recreation (MU-H3/PR). The Mixed Use Horizontal 3 designation on the
subject site provides for the horizontal intermixing of regional commercial office, hotel,
single-family and multi -family residential, and ancillary commercial uses. The PR
designation applies to land used or proposed for active public or private recreational use.
Permitted uses include parks (both active and passive), golf courses, marina support
facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.
The project site is designated as Anomaly No. 46 by the existing Land Use Element,
which limits development intensity to 3,725 square feet for a tennis club building and 24
tennis courts at the subject property. Residential use is also permitted in Anomaly No. 46
in accordance with MU-H3/PR designation. As part of the Approved Project, the City
Council authorized the conversion of 17 tennis courts to 27 hotel rooms on a traffic neutral
basis. Since the Approved Project did not include a General Plan Amendment, the
conversion did not change Anomaly No. 46.
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The applicant seeks no changes to the General Plan designations, but rather requests to
increase the number of hotel rooms from 27 to 41 rooms (+14) and number of tennis
courts from 7 to 8 courts (+1). The subject property would remain Mixed -Use Horizontal
3/Parks and Recreation (MU-H3/PR). The Proposed Project is consistent with the MU-
H3/PR designation as it includes a mix of land uses including single-family residential,
attached residential condominiums, recreational tennis club facilities, and visitor -serving
commercial uses. These uses are permitted as stated above. A complete consistency
analysis of each of the applicable General Plan policies is provided in the attached Draft
Resolution (Attachment No. PC 1) and included in Table 5-12 of the Land Use and
Planning Section of the Mitigated Negative Declaration Addendum.
Charter Section 423 (Measure S)
Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be
prepared to establish whether a proposed General Plan Amendment (if approved)
requires a vote by the electorate. Charter Section 423 requires voter approval of any
major General Plan amendment to the General Plan. A major General Plan amendment
is one that significantly increases allowed density or intensity by 40,000 square feet of
non-residential floor area, or increases traffic by more than 100 peak hour vehicle trips
(AM/PM) or increases residential dwelling units by 100 units. These thresholds apply to
the total of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding ten years.
The subject property is within Statistical Area L1. Only 14 hotel rooms are required to be
analyzed for Charter Section 423 since the 27 hotel rooms have been previously
converted from the 17 tennis courts. The proposed GPA results in an increase of 14,000
square feet (1,000 square feet per hotel room), 9.51 AM trips, and 12.42 PM trips based
on the most recent ITE trip rates pursuant to City Council Policy A-18. Prior amendments
within the past ten years are Vivante Senior Housing and Residences at Newport Center
projects. Charter Section 423 requires consideration of 80 percent of prior increases,
which results in a cumulative increase of 94 dwelling units, 23 AM trips, and 43 PM trips
between both projects. There were no nonresidential gross square footage increases with
these two prior amendments. When combined with 80 percent of the prior amendment
increases, this results in cumulative increases of 14,000 square feet, 32.51 AM trips, and
55.42 PM trips. Table 2 below illustrates the calculations and none of the thresholds
specified by Charter Section 423 are exceeded, therefore no vote of the electorate is
required should the City Council choose to approve the General Plan Amendment.
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Table 2 - Charter Section 423 Calculations
Unit
Floor area
Trip rates
AM trips
PM Trips
Tennis Clubhouse
N/A
N/A
N/A
Tennis Courts
1 court
N/A
1.67/Court AM
3.88/Court PM
1.67
3.88
Hotel
14 rooms
14,0001
0.56 AM/room
0.61 PM/room
7.84
8.54
Total - Project
N/A
14,000
N/A
9.51
12.42
Vote Required Project
N/A
No
N/A
No
No
80% of Prior Amendments
N/A
0
N/A
23
43
Total- Project + Prior
Amendments
N/A
14,000
N/A
32.51
55.42
Vote Required Project + Prior
Amendments
N/A
No
N/A
No
No
Nursuant to Council Holicy A-18, each hotel room equals 1,000 square feet, so there is a 14,000 square toot increase.
Upon approval of the project, the Proposed Project will be added to L1 Tracking Table as
such:
Project Name
Date
Amendment
Square
Dwelling
AM Peak
PM Peak
Approved
Description
Footage
Unit
Hour Trip
Hour Trip
Change
Chan a
Change
Change
Vivante Senior
8/13/2019
Private Institutions
(Reduction:
90
26
52
Housing
(PI) to Mixed Use
45,028 to
Horizontal (MU-
16,000)
H3
Residences at
9/28/2021
Regional
0
28
3
2
Newport Center
Commercial Office
(CO-R) to Planned
Community (PC-
61
Tennis Club at
TBD
14 Hotel Rooms
14,000
0
9.51
12.42
Newport
and 8 Tennis
Beach
Courts
100% Totals
14,000
118
38.51
66.42
80% Totals
11,200
94
30.80
53.14
Remaining
28,800
6
69.20
46.86
Capacity
Without Vote
Local Coastal Program
The proposed amendment to the Local Coastal Program Implementation Plan (Title 21)
is consistent with the Coastal Land Use Plan (CLUP), which designates the property as
MU-H/PR (Mixed Use Horizontal/Parks and Recreation). This designation allows
horizontally -distributed mix of uses, which may include general or neighborhood
commercial, commercial offices, multi -family residential, visitor -servicing and marine -
related uses, buildings that vertically integrate residential with commercial uses, and
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active public or private recreational uses, including parks, golf courses, marina support
facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.
The Proposed Project is a request to increase existing uses which have been previously
permitted. The project includes a mixture of uses which include a tennis club and eight
(8) tennis courts, a 41-unit hotel development and ancillary uses, and five (5) residential
units. All of these uses are intended to provide an updated recreational facility to serve
the residents and visitors of the City. Additionally, the amendment is consistent with
applicable land use policies of the CLUP, as provided in the attached Draft Resolution.
Therefore, an amendment to the CLUP is not necessary.
Title 21 includes specific development standards for the Approved Project. As a result,
an amendment to Title 21 is necessary to revise the development standards listed in
Section 21.26.055.S, which specifically refers to the Newport Beach Country Club
Planned Community (PC-47) development standards of the "Tennis Club", "The Villas",
and "The Bungalows." The following amendments are proposed:
1. The amendment increases the density and intensity limit for the number of tennis
courts from seven (7) to eight (8) courts. The addition of the tennis court increases
the minimum required parking from 28 spaces to 32 spaces (4 spaces per court).
There is no change to the 3,725-square-foot limit for the tennis clubhouse.
2. The number of residential units remains unchanged. However, the amendment
converts three (3) of the five (5) single-family residences to attached residential
condominium units. Therefore, the amendment revises the density and intensity limit
for the Villas from five (5) to two (2) single family residences and removes previous
development standards for three single family residences referred to as Villas C, D,
and E.
3. The amendment includes new development standards for attached residential
condominiums, which have a density limit of three (3) units and maximum gross floor
area of 15,035 square feet. The maximum height allowed for the condominium
buildings is 50 feet. The buildings are required to be set back five (5) feet from any
property line. The remaining single-family residences require a minimum of two (2)
enclosed parking spaces and one guest parking space per unit, while the proposed
attached condominiums require a minimum of three (3) enclosed parking spaces and
one guest parking space per unit.
4. The amendment revises the density and intensity limits for the bungalows from 27 to
41 short-term guest rental rooms. Additionally, the maximum allowable gross floor
area increases from 28,300 to 47,484 square feet, and square footage for ancillary
hotel uses are included. A minimum of one (1) space per hotel unit is required.
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Planned Community Development Plan Amendment
In 2012, the City Council adopted NBCC Planned Community Development Plan (PC-47)
for the subject site as part of the Approved Project that also includes the adjacent Newport
Beach Country Club Golf Course site. All proposed changes as part of the Proposed
Project are limited to the Tennis Club property and do not apply to the Golf Club.
The Proposed Project is consistent with the intent and purpose of PC-47 in that the tennis
club, hotel, and residential uses and their development standards have already been
allowed and is in place on the tennis club site. The proposed changes are minor
adjustments to the building height, setbacks, and parking standards in order to
accommodate the Proposed Project. Additionally, PC-47 provides guidelines for
architectural design to include coordinated and cohesive architecture which exhibits
quality that is keeping with the surrounding area in Newport Center. The Proposed Project
includes additional hotel rooms and two (2) attached residential condominium loft
buildings. The proposed additions are designed to be compatible with the approved
architectural design of the Approved Project. PC-47 permits structures to be a maximum
of 50 feet in height. The Proposed Project includes two (2) attached residential
condominium loft buildings and additional hotel rooms to be at a maximum of 46 feet high
and comply with the height limit.
Site Development Review
On January 24, 2012, the City Council approved Site Development Review No. SD2011-
002, which authorized construction of the Approved Project. The proposed changes to
the Approved Project, necessitate an amendment to the approved Site Development
Review. In accordance with Section 4.0 of PC-47 (Site Development Review), the
following findings and facts in support of such findings are set forth:
1. The development shall be in compliance with all other provisions of the Planned
Community District Plan;
2. The development shall be compatible with the character of the neighboring uses
and surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. The development shall be sited and designed to maximize the aesthetic quality of
the project as viewed from surrounding roadways and properties, with special
consideration given to the mass and bulk of buildings and the streetscape on Coast
Highway; and
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
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The proposed development complies with all Site Development Review criteria specified
in PC-47 in order to provide a coordinated, cohesive, and comprehensive large-scale
planning project. The Approved Project features a distinct and cohesive architectural style
(Figure 2), and includes landscaping components, signage, and circulation design, which
are compatible with the character of the neighboring uses and surrounding sites. The
additional 14 hotel rooms and attached residential condominium buildings designed to be
of similar architectural style, which includes smooth plaster exterior siding, clay -tile roofs,
and stone veneer exterior accent finishes. As a result, the Proposed Project is compatible
with the Approved Project, and not detrimental to the orderly and harmonious
development of the surroundings and of the City.
Figure 1: Rendering of Architectural Style (Pictured: Attached Condominium and Hotel Loft Building)
The Proposed Project promotes additional functionality between residential and hotel
components, as residential condominiums are attached to hotel units in two (2) separate
loft buildings. Underground parking is provided in the loft buildings, with additional street
parking and parking lots to serve hotel and tennis club guests. Each of the two (2) single-
family residences provide a two (2)-car garage to serve its residents. The project has
been designed to include a surplus of 40 spaces beyond what is required. Table 4 below
shows the required and provided parking for the proposed project.
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Table 4: Reauired and Provided Parkina
Use
Parking Rate
Required
Provided
Tennis Club
4 per court
32 spaces
51 spaces
Single -Family Residences
2 per unit enclosed
1 per unit guest
4 enclosed spaces
2 guest spaces
4 enclosed spaces
4 guest spaces
Attached Condominiums
3 per unit enclosed
1 per unit guest
9 enclosed spaces
3 guest spaces
9 enclosed spaces
3 guest spaces
Hotel
1 per unit
41 spaces
60 spaces
Total
N/A
91 spaces
131 spaces
Surplus
40 spaces
The development is designed to maximize aesthetic quality as viewed from surrounding
properties. The property is separated from East Coast Highway by a commercial office
plaza which comprises of three (3) two (2)-story office buildings at 1200 Newport Center
Drive. The office plaza includes landscaping along East Coast Highway with trees and
various plantings. The Newport Beach Country Club golf clubhouse is located
approximately 150 feet west of the Property. The development's multiple components
(tennis club, residential, and hotel) have been designed and sited to function cohesively
not only with each other, but also with the adjacent golf course uses and surrounding
development.
Coastal Development Permit
The subject property is located within the Coastal Zone. Therefore, the Proposed Project
requires a coastal development permit. Per Section 21.52.015.E of NBMC, the required
findings to approve a coastal development permit are as follows:
1. Conforms to all applicable sections of the certified Local Coastal Program;
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
The Proposed Project is consistent with the Coastal Land Use Plan, which designates
site as Mixed -Use Horizontal/Parks and Recreation (MU-H/PR). The MU-H land use
designation of the Coastal Land Use Plan allows the horizontal intermixing of hotel units,
single-family residences, attached residential condominiums, and tennis club facilities on
the project site. Additionally, the MU-H designation identifies a maximum density/intensity
limit of 1.5 floor area ratio (FAR), with a minimum FAR of 0.25 and a maximum FAR of
0.5 for retail uses and a maximum of 1.0 for residential. The project proposes 65,595
square feet of nonresidential floor area (approximately 0.21 FAR) for the hotel rooms,
concierge & guest center, and ancillary hotel uses which include a performance therapy
center, yoga pavilion, office, common area, and a spa and fitness center. The five (5)
residential dwelling units totals 20,653 square feet (approximately 0.06 FAR). The
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proposed density/intensity of the hotel and residential units comply with the FAR
limitations identified in the Coastal Land Use Plan.
The PR coastal land use designation applies to land used or proposed for active public
or private recreational use. Permitted uses include parks (both active and passive), golf
courses, marina support facilities, aquatic facilities, tennis clubs and courts, private
recreation, and similar facilities. The PR designation on this site is applicable to the
existing and proposed private tennis club and tennis courts. The density/intensity
limitations include incidental buildings, such as maintenance equipment sheds, supply
storage, and restrooms, not included in determining intensity limits. The proposed tennis
club and ancillary uses are consistent with this land use designation.
The property is not located between the nearest public road and the sea or shoreline and
will not affect the public's ability to gain access to, use, or view the coast and nearby
recreational facilities. Vertical access to Newport Bay is available via existing public
access at 1601 Bayside Drive, which is located approximately 1,600 feet southwest of the
subject property. Elevations on the subject property range from 104 feet up to 120 feet
North American Vertical Datum of 1988 (NAVD88) above mean sea level. These site
elevations are well above projected sea level rise in Newport Bay for the next 75 years
and the site is not subjected to other coastal hazards. Potential liquefaction risk (if any)
must be mitigated with foundation designs consistent with the Building Code.
Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the closest
public view road as Newport Center Drive, located approximately 170 feet east of the
project site and the closest public viewpoint as Irvine Terrace Park, located 525 feet south
of the project site. Coastal views from these view corridors and viewpoints are directed
toward the Newport Bay and the Pacific Ocean. Since the project site is located to the
north of Irvine Terrace Park, the Proposed Project will not affect coastal views due to its
orientation. From Newport Center Drive, there is a zero to 40-foot grade difference to the
project area below.
The Planned Community Text amendment includes maximum building heights for all
structure types (Table 3, above). The majority of the project would sit below the existing
grade elevations along Newport Center Drive, minimizing the visibility of the project site
and would not obstruct public coastal views. During construction, equipment would be
obscured by vegetation and the grade differential so it would not obstruct coastal views
from motorists traveling along Newport Center Drive. The Proposed Project will not impact
coastal views.
An Analysis of the Fiscal and Economic Impacts was prepared on August 29, 2022, by
Kosmont Companies to analyze the construction of new visitor accommodations in the
coastal zone in accordance with the requirements of Section 21.48.025 (Local Coastal
Program Implementation Plan, Standards for Specific Land Uses, Visitor
Accommodations) of the NBMC. The report provides a feasibility analysis stating that the
anticipated average daily room (ADR) rate for all 41 rooms is approximately $920 and the
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statewide average daily room rate is $205.69. Because the anticipated ADR will well
exceed the Statewide average, the proposed accommodations are not considered lower
cost accommodations. The report considers the specific location of the Property as an
inappropriate location for low-cost accommodations. Additionally, low-cost
accommodations are not feasible due to prohibitive land and construction costs. The
Property does not currently provide accommodations of any kind and implementation of
the Project would not directly impact low-cost accommodations. While the Project would
not include any lower cost accommodations, the Local Coastal Program Implementation
Plan would identify the Project as generating an impact simply by not providing lower -
cost accommodations. There is no impact on the provision of lower -cost visitor
accommodations in the Coastal Zone as creating lower cost accommodations at the site
is infeasible and there is no nexus to an actual impact; therefore, no mitigation is required.
The Project features larger guest facilities with bedrooms, separate living rooms with sofa
beds and many rooms with kitchens. These features will accommodate more occupants
per room, which lowers the costs per occupant.
Tentative Vesting Tract Map
On January 24, 2012, the City Council approved a Vesting Tentative Tract Map, which
authorized the creation of separate lots for five (5) single-family residences, 27 hotel rooms,
and lettered lots for common areas and a private street. The applicant proposes an
amendment to the vesting tentative tract map to accommodate the Proposed Project, which
consists of two (2) single -unit residential dwellings, three (3) residential condominiums, 41
hotel rooms, a tennis clubhouse, their common open space areas and a private street to
support the proposed uses.
In accordance with Section 19.12.070 of the Newport Beach Municipal Code, and the
following finding and facts in support of such findings are set forth:
1. 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 applicable
provisions of the Subdivision Map Act and this Subdivision Code,
2. That the site is physically suitable for the type and density of development;
3. 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;
4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
5. 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
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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;
6. 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,
7. That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to
be included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area;
8. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act,
9. 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;
10. 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, and
11. 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.
The amended map reflects the combination of two (2) previously divided lots, which results
in the elimination of one (1) lot. These two (2) lots were intended for two (2) detached -single
family residences. The map has also been modified to include residential condominium
portion of the Proposed Project.
The project site is located in the Newport Center and Fashion Island area. The site is
currently improved with a private tennis club. Given its location, this site is ideal for the
development of a recreation and mixed -use project as allowed by the General Plan Land
Use Element. Additionally, the Addendum to the MND concludes that no significant
environmental impacts will result with the Proposed Project in accordance with the
proposed subdivision map revision.
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All construction for the project has been conditioned to comply with all Building, Public
Works, and Fire Codes, which are in place to prevent serious public health problems. The
Public Works Department has reviewed the proposed revisions to the approved vesting
tentative tract map and determined it is consistent with the Newport Beach Subdivision
Code (Title 19) and applicable requirements of the Subdivision Map Act.
Limited Term Permit
The applicant is requesting a limited term permit (LTP) to allow two (2) temporary modular
trailers and portable toilets during construction. In accordance with Section 20.52.040
(Limited Term Permits) of the Newport Beach Municipal Code, the following findings and
facts in support of such findings are set forth:
1. The operation of the requested limited duration use at the location proposed and
within the time period specified would not be detrimental to the harmonious and
orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a
hazard to the public convenience, health, interest, safety, or general welfare of
persons residing or working in the neighborhood of the requested limited duration
use;
2. The subject lot is adequate in size and shape to accommodate the limited duration
use without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the lot;
3. The subject lot is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the limited
duration use would or could reasonably be expected to generate;
4. Adequate temporary parking to accommodate vehicular traffic to be generated by
the limited duration use would be available either on -site or at alternate locations
acceptable to the Zoning Administrator; and
5. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, the Municipal Code, and other City regulations.
Both modular trailers are approximately 33 feet long and 13 feet wide. One modular trailer
is proposed to be used as a construction office located at the southwest portion of the
property and will be staged at this location through the entire duration of the Proposed
Project, which is estimated to be approximately 20 months. The second modular office is
proposed to be used as a temporary office for tennis club operations and will be located
on the easterly portion of the property through the construction of the tennis clubhouse,
which is estimated to be approximately 16 months. The portable toilets are proposed to
serve the temporary tennis club office and located nearby.
Development Agreement
On March 27, 2012, the City Council approved a Development Agreement between the
City and the Applicant for the Approved Project. The DA was executed and recorded, on
January 29, 2014, with a ten-year term. The DA provides vested rights to develop the
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Approved project and the City negotiated the following public benefit fees of ninety-three
thousand dollars ($93,000) per each residential dwelling unit and ten dollars ($10) per
square foot of construction for the tennis clubhouse (Table 5). These fees are subject to
annual adjustments, based on the CPI Index.
Table 5: Proiected Public Benefit Fees (Subiect to Adiustment)
Use
Multi tier
Fee Rate
Total
Residential
5 units
$93,000 per unit
$465,000
Tennis Clubhouse
3,725 square feet
$10 per square foot
$37,250
Grand Total
$502,250
On July 12, 2022, the City Council approving the First Amendment to the DA to extend
the term of the agreement by one year. The DA will expire on September 23, 2023.
In accordance with Section 15.45.020.A.2.c (Development Agreement Required) of the
NBMC, a reconsideration of the agreement is required as the Proposed Project, which
includes an amendment to PC-47 and a General Plan Amendment to increase the
number of hotel rooms from 27 to 41 rooms, which is new non-residential development in
Statistical Area L1 (Newport Center/Fashion Island).
The applicant requests an additional 10-year term of agreement ("Second Amendment"),
pursuant to Section 15.45.070 (Amendment/Cancellation). The Second Amendment
provides assurance that the applicant may proceed with the Proposed Project in
accordance with existing policies, rules and regulations, and conditions of approval.
Additionally, the Second Amendment to the DA helps the applicant avoid a waste of
resources and escalated costs of the Proposed Project while encouraging a commitment
to private participation in comprehensive planning.
In addition to the 10-year term extension, the Second Amendment (Exhibit "E" of the Draft
Resolution) specifies the updated permitted uses, density and intensity, and maximum
height and size of proposed buildings, consistent with the Proposed Project. Additionally,
the Second Amendment to the Agreement includes all mandatory elements, including
public benefits that are appropriate to support conveying the vested development rights
consistent with the City's General Plan, NBMC, and Government Code Sections 65864
et seq. No changes to the public benefit fees are proposed.
Environmental Review
On March 27, 2012, the Newport Beach City Council approved a Mitigated Negative
Declaration and its Errata to Mitigated Negative Declaration (together referred to as
"MND") that addressed the potential environmental effects associated with the Approved
Project. The MND was prepared in compliance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3.
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Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when a negative declaration adopted for a project, no
subsequent negative declaration is required unless the lead agency determines, on the
basis of substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions
of the previous 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 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 negative
declaration was adopted as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous negative declaration.
b. Significant effects previously examined will be substantially more severe
than shown in the adopted negative declaration.
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 negative declaration would substantially
reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
On the basis of the earlier MND and entire environmental review record including the
Addendum, the Proposed Project will not result in any new significant impacts that were
not previously analyzed in the MND. The Addendum confirms and provides substantial
evidence that the potential impacts associated with the Proposed Project would either be
the same or less than those described in the MND, or as mitigated by applicable mitigation
measures and standard conditions of approval in the MND. In addition, there are no
substantial changes to the circumstances under which the Proposed Project would be
undertaken that would result in new or more severe environmental impacts than
previously addressed in either the MND, nor has any new information regarding the
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potential for new or more severe significant environmental impacts been identified.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to
the previously adopted MND is the appropriate environmental document for the Proposed
Project. In taking action to approve any of the requested applications for the Proposed
Project, the data presented in the MND, as augmented by the Addendum for this
Proposed Project, are considered as part of the record.
The City contracted with an environmental consultant, Chambers Group, to prepare the
Addendum. The entire Addendum and its technical appendixes are available online at the
City's website at www.newportbeachca.gov/cega.
Summary
In summary, staff believes the findings for the project approval can be made with specific
conditions of approval. The applicant proposed a general plan amendment to increase
the number of hotel rooms and one (1) additional tennis court. According to the applicant,
the request is necessary to provide a viable hotel development and adjust residential type
in responding to the needs of the community. The Proposed Project is consistent with the
General Plan's MU-H3/PR designation as it still includes and maintains a mix of land uses
including single-family residential, attached residential condominiums, recreational tennis
club facilities, and visitor -serving commercial uses. The proposed general plan
amendment would not require a voter approval pursuant to Charter Section 423 analysis.
Due to the lack of environmental impacts and apparent compatibility with the surrounding
uses, staff does not object to the GPA request.
The Proposed Project is also consistent with the Local Coastal Program. The Coastal
Land Use Plan designates the property as MU-H/PR (Mixed Use Horizontal/Parks and
Recreation). This designation allows horizontally -distributed mix of uses, which includes
multi -family residential, visitor -servicing uses, and tennis clubs and courts. The Proposed
Project is within the maximum density/intensity limit allowed per MU-H designation.
The amendment to the Planned Community Development Plan is consistent with the
intent and purpose of PC-47 in that the tennis club, hotel, and residential uses and their
development standards have already been allowed and in place on the tennis club site.
The proposed changes to the building height, setbacks, and parking standards in order
to accommodate the Proposed Project are within the development standards in place for
the Approved Project.
The Proposed Project meets all of the findings for the required Site Development Review
as specified in PC-47. The proposed amendments maintain a coordinated, cohesive, and
comprehensive large-scale planning project, which includes a distinct architectural style.
The Proposed Project is compatible with the character of the neighboring uses and
surrounding sites and is not detrimental to the orderly and harmonious development of
the surroundings and of the City.
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The Proposed Project meets all of the findings for the required Coastal Development
Permit. As previously stated, the amendment is consistent with the City's Local Coastal
Program. Additionally, the amendment will not affect the public's ability to gain access to,
use, or view the coast and nearby recreational facilities.
The proposed revisions to the approved vesting tentative tract map is consistent with the
Newport Beach Subdivision Code (Title 19) and applicable requirements of the
Subdivision Map Act. The amended map reflects the combination of two previously divided
lots, which results in the elimination of one lot. These two lots were intended for two (2)
detached -single family residences. The map has also been modified to include attached
residential condominiums.
The Proposed Project requires an amendment to the City's Local Coastal Program
Implementation Plan (Title 21). This amendment requires the consideration of California
Coastal Commission. As a result, the Proposed Project only becomes effective upon the
approval by Coastal Commission. Upon such approval, the following discretionary permits
approved for the Approved Project are to become null and void:
1. Site Development Review Permit No. SD2011-002
2. Tentative Tract Map No. ND2010-008
3. Limited Term Permit No. XP2011-004
Altarnafivac
1. The Planning Commission may require or suggest specific design changes that
are necessary to alleviate any areas of concern. If the requested changes are
substantial, staff will return with a revised resolution incorporating new findings
and/or conditions.
2. If the Planning Commission chooses to deny the Proposed Project, the applicant
would retain the vested right to build the Approved Project until the termination
date of the DA (September 23, 2023). After the expiration of DA, the Approved
Project could still be implemented with the approval of new discretionary permits
(i.e., site development review permit, tentative tract map, limited term permit). The
City, however, would not receive the negotiated public benefit fee as prescribed in
the DA.
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.
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Prepared by: Submitted by:
David S. L e Jim Campbell
Associate Planner Deputy Community Development Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Description
PC 3 LSA's Traffic and Parking Analysis Update
PC 4 MurowDC's Construction Management Plan
PC 5 Fiscal and Economic Impacts Analysis
PC 6 Project Plans
:AUsers\PLN\.Shared\PA's\PAs-2021\PA2021-260\PC\PC-Staff Report.docx01/12/18
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Attachment G
Planning Commission Minute Excerpts, Dated September 8, 2022
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Planning Commission Regular Meeting Minutes
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Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 Class 3 (New Construction or Conversion of Small Structures), because it has no significant
effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, for non -compliant private
improvements consisting of stairs, handrails, retaining walls, and planters that encroach into the
Cliff Drive public right-of-way, contingent upon all conditions of the Encroachment Permit process
being met; and
3. Adopt Resolution No. PC2022-021 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2022-0147.
Commissioners disclosed no ex parte communications.
Motion made by Commissioner Lowrey and seconded by Secretary Rosene to approve the recommended
action.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand
NOES: None
ABSTAIN: None
ABSENT: Klaustermeier
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 TENNIS CLUB AT NEWPORT BEACH PROJECT AMENDMENT (PA2021-260)
Site Location: 1602 East Coast Highway
Summary:
An amendment to the 2012 approved Tennis Club at Newport Beach project to: 1) increase the number
of future tennis courts from 7 to 8 courts, 2) increase the number of future hotel rooms from 27 to 41
rooms, 3) increase the gross floor area of the ancillary hotel uses by 4,686 square feet, and 4) provide
3 attached condominium units and 2 detached single family residences in -lieu of 5 detached single-
family residences. The proposed changes to the 2012 approved project require the consideration of the
following land use:
• General Plan Amendment: An amendment to Anomaly No. 46 of Table LU2 of the 2006 Newport
Beach General Plan Land Use Element to amend the allowable development limits for the tennis club
site;
• Local Coastal Program Implementation Plan Amendment: An amendment to Local Coastal
Implementation Plan Section 21.26.055.S.2 (Tennis Club of Newport Beach Country Club Planned
Community Coastal Zoning District Development Standards) to amend land use regulations for the
tennis club site;
• Planned Community Development Plan Amendment: An amendment to Planned Community
Development Plan No. 47 (Newport Beach Country Club Planned Community) to amend land use
regulations and development standards on the tennis club site;
• Maior Site Development Review Amendment (SD2011-002): A site development review in
accordance to Section 4.0 (Site Development Review) of Planned Community Development Plan No.
47 and Newport Beach Municipal Code (NBMC) Section 20.52.80 (Site Development Reviews) for
the construction of the proposed project;
• Coastal Development Permit Amendment (CD2017-039): An amendment to Coastal Development
Permit No. CD2017-039 for the demolition of existing structures, further subdivision on the tennis club
site, and implementation of the project;
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• Tentative Vesting Tract Map Amendment (NT2005-003): An amendment to Tentative Vesting Tract
Map pursuant to Title 19 of the Municipal Code to create separate lots for the tennis club site;
• Limited Term Permit Amendment (XP2011-004): A limited term permit to allow temporary use of
structures during construction pursuant to Section 20.60.015 of the Municipal Code;
• Development Agreement Amendment (DA2008-001): A second amendment to the Development
Agreement between the Applicant and the City, pursuant to NBMC Sections 15.45 (Development
Agreement), which would provide vested right to develop the proposed project while also providing
negotiated public benefits and extend the term of Agreement for additional ten years; and
• Addendum to the 2010 Mitigated Negative Declaration (ND2010-008): Pursuant to the California
Environmental Quality Act ("CEQA"), the addendum addresses reasonably foreseeable
environmental impacts resulting from the proposed development
Recommended Action:
1. Conduct a public hearing;
2. Find that the Proposed Project will not result in any new significant impacts that were not previously
analyzed in the adopted Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) for the
Approved Project, and the addendum has been prepared to address reasonably foreseeable
environmental impacts resulting from the Proposed Project; and
3. Adopt Resolution No. PC2022-022 recommending City Council approval of PA2021-260, which
includes adoption of a Mitigated Negative Declaration Addendum, and approval of a General Plan
Amendment, Local Coastal Land Use Plan Amendment, Planned Community Development Plan
Amendment, Major Site Development Review Amendment, Coastal Development Permit
Amendment, Vesting Tentative Tract Map Amendment, Limited Term Permit Amendment, and
Development Agreement Amendment for The Tennis Club at Newport Beach Project located at
1602 East Coast Highway.
Commissioner Weigand recused himself due to the Levine Act for a campaign contribution.
Associate Planner Lee used a presentation to review the requested amendment to a previously approved project,
project location, land use, previously approved project inclusions and site plan, 2012 approved entitlements,
proposed amendment details and site plan, site plan comparisons, requested project entitlements, CEQA review,
findings, an additional condition for future consideration for pickleball use, and recommended action.
In response to Vice Chair Ellmore's inquiry, Deputy Director Campbell noted that traffic, parking, and noise are
focus areas for the City as pickleball courts develop and confirmed the tennis and pickleball parking ratio of four
spaces to one court and 12 spaces to one court and the application is for tennis courts only.
In response to Secretary Rosene's question, Deputy Director Campbell stated that property development other
than tennis courts would require future application and review.
Commissioners Lowrey, Harris, Secretary Rosene, and Chair Kleiman disclosed conversations with the property
owner, applicant, and consultants. Vice Chair Ellmore disclosed no ex parte communication.
Chair Kleiman opened the public hearing.
Robert O'Hill, managing owner of Newport Beach Country Club, used a presentation to review the modifications
included in the Bungalow and Lofts Plan B amendment, project renderings, Bungalow Loft first floor and top floor
drawings, a floor plan for the Clubhouse and Bungalow Spa, and photos of the pool attendant area, fitness center
desk area, men's and women's locker rooms, massage area, and koi pond area. Mr. O'Hill estimated City gains
of $1,300,000, accepted the new condition, thanked staff for their work, and agreed to abide by the conditions
established by the City.
In response to Chair Kleiman's request, Mr. O'Hill agreed with the conditions as drafted and the new conditions in
the staff report.
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In response to Commissioner Harris' inquiry, Mr. O'Hill reported adequate parking accommodations and noted
monetary investments to resurface tennis courts for conversion to pickleball courts.
Sean Abdali, The Tennis Club owner and operator, noted Newport Beach having the first private pickleball club in
the world and today the largest, relayed having formed an event company to help run events, identified the different
parking needs for pickleball and tennis users and electric bikes, and explained an agreement with the Irvine
Company for parking space use Monday — Friday, at Corporate Plaza West on weekends and holidays, and
Newport Beach County Club operators on Mondays. Furthermore, he noted a reduction in large events to
accommodate parking availability, residential support of the plan to preserve the Club, and a reduction in noise
with improved pickleball equipment in the future.
Paul Christ, Granville Community Association representative, shared enthusiasm for Mr. O'Hill's plans, concerns
for pickleball noise causing reduced property value, suggested installing a sound blanket and a restriction on
amplified sound, and questioned the surface area of the tennis and pickleball courts.
Tracey Miller represented Club members who are in opposition to the project and read their statements of concern.
Bret Feuerstein and Ryan Chase, 50 percent owners of The Tennis Club property, noted an arbitration in progress
to determine if Golf Realty Fund has the authority to unilaterally process the application, opposed the proposed
plan, thanked staff for their work, and expressed interest in finding a solution that enables The Tennis Club to grow
and thrive, and noted a concern that there are no pickleball courts in the applicant's plan.
Jim Mosher expressed concern for clarity in the Land Use table of the General Plan Amendment relative to the
specific allowable development at the "anomaly site," questioned the Greenlight analysis by the City, believed that
the 2012 approval was not approved by the voters, and is of the opinion that a Greenlight vote is required for the
amendment.
Denys Oberman commended staff for bringing up fluid items associated with the use, particularly, impacts of
pickleball noise, events, and capacity within the City and requested the Planning Commission remand the plan to
obtain a committal characterization of what is being proposed and assure compatibility with the surrounding area.
Mark Susson noted contradictions in the proposal and parking, noise, and traffic issues at The Tennis Club.
Deidre Machowski encouraged the Planning Commission to move forward with the plan.
Rogin Moore, The Tennis Club member and employee, challenged anyone claiming having received threatening
emails from Mr. Abdali, noted meetings with members and Mr. Abdali to share the plans and gain input, and
relayed no known opposition.
Mr. O'Hill clarified the participants that, in his opinion, supported the approval of the General Plan Amendment
after two previous failed attempts.
Mr. Abdali addressed the noise issues.
At the request of Chair Kleiman, Deputy Director Campbell indicated that City Council policy is being followed
and the amendment does not require a Greenlight vote, pickleball was not examined because it was not
requested in the application and would be subject to review with the added condition if requested in the future,
and special event permits are required for tournaments. Furthermore, he indicated that existing tennis court
conversion requirements are dependent on how the tennis court was originally established, private court
conversion requirements are left up to the Homeowner Associations, and an analysis to identify if the
conversion is consistent with the entitlements would be required for this project along with environment, traffic,
parking, and noise reviews.
Chair Kleiman clarified the multi -step process for approval of the project.
Chair Kleiman closed the public hearing.
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In response to Secretary Rosene's question, Deputy Director Campbell agreed that the plans are conceptual
and noted that a plan check took place in 2016, more detailed designs have been put forth through the building
division, and the applicant acknowledges an update to the drawings is needed to meet the new building code,
indicated being comfortable moving forward with the recommendation, and assured the Commission that any
deviations from standards in the drawings will be cleaned up at the plan check stage.
Commissioner Lowrey expressed comfort with the findings by staff and explanations of what the General Plan
calls for and noted the popularity of pickleball among all ages, honoring the General Plan, and providing
recreational facilities.
Vice Chair Ellmore concurred with Commissioner Lowrey and clarified that the project is for tennis courts.
Commissioner Lowrey noted that staff will need to identify the parameter for approval relative to pickleball court
development.
Motion made by Commissioner Lowrey and seconded by Vice Chair Ellmore to approve the recommended
action and the additional condition.
AYES: Ellmore, Harris, Kleiman, Lowrey, and Rosene
NOES: None
ABSTAIN: Weigand
ABSENT: Klaustermeier
ITEM NO. 4 BAY ISLAND GENERAL PLAN, ZONING CODE, LCP AMENDMENTS (PA2022-087)
Site Location: Bay Island
Summary:
Amendments to the General Plan, Title 20 (Planning and Zoning), and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code increasing the development limit specified
for Bay Island from 23 dwelling units to 25 dwelling units. The amendments were initiated by the applicant
who seeks to return the maximum residential density of Bay Island to 25 units, consistent with prior
entitlement under Use Permit No. UP3618.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines,
because it has no potential to have significant effect on the environment; and
3. Adopt Resolution No. PC2022-023 (Attachment No. PC 1) recommending the City Council
approve General Plan Amendment No. GP2022-001, Code Amendment No. CA2022-005, and
Local Coastal Program Amendment No. LC2022-003.
Senior Planner Crager used a presentation to review the Bay Island amendments, Bay Island map,
introduction/background, updated General Plan, Zoning Code, and Local Coastal Program maps, CEQA
review, recommended action, and next steps.
Commissioner Weigand disclosed an island tour with Coralee Newman, Commissioners Lowrey and Vice
Chair Ellmore disclosed no ex parte communications, Commissioner Harris and Secretary Rosene disclosed
having spoken with the applicant, and Chair Kleiman disclosed having received a message from the applicant's
consultant.
Page 5 of 9
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Attachment H
Planning Commission Resolution No. PC2022-022
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RESOLUTION NO. PC2022-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL APPROVAL OF AN ADDENDUM TO MITIGATED
NEGATIVE DECLARATION NO. ND2010-008, GENERAL PLAN
AMENDMENT, LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN AMENDMENT, PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT,
AMENDMENT TO MAJOR SITE DEVELOPMENT REVIEW NO.
SD2011-002, AMENDMENT TO COASTAL DEVELOPMENT
PERMIT NO. CD2017-039, AMENDMENT TO VESTING
TENTATIVE TRACT MAP NO. NT2005-003, AMENDMENT TO
LIMITED TERM PERMIT NO. XP2011-004, AND SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA2008-
001 FOR THE TENNIS CLUB AT NEWPORT BEACH LOCATED
AT 1602 EAST COAST HIGHWAY (PA2021-260)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Golf Realty Fund, Managing Owner ("Applicant"), with respect
to property located at 1602 East Coast Highway, and legally described as Parcels A, B, C,
and D of Parcel Map No. 2016-151 (commonly referred as the 'Tennis Club Site" or
"Property").
2. On January 24, 2012, the City Council authorized the redevelopment of the Property to
include a reconstruction of the 3,725-square-foot tennis clubhouse, a reduction of tennis
courts from 24 to seven (7) courts, and a construction of 27-room boutique hotel with 9,700
square feet of ancillary uses, and five (5) single-family residential units. On November 20,
2018, the Zoning Administrator approved Coastal Development Permit No. CD2017-039,
authorizing the redevelopment if the subject property consistent with the 2012 approval
(commonly referred to as "Approved Project").
3. The Applicant is requesting land use approvals to amend the Approved Project which
consists of the following:
a. Increase the number of future tennis courts from seven (7) to eight (8);
b. Increase the number of future hotel rooms from 27 to 41 rooms;
c. Increase the gross floor area of ancillary hotel uses by 4,686 square feet;
d. Provide three attached condominium units and two (2) single family residences
in -lieu of five (5) single-family residences; and
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e. Amending the 2012 Development Agreement to account for the aforementioned
changes to the Project along with extending the term of the 2012 Development
Agreement for an additional 10 years ("Project").
The following approvals are requested or required in order to implement the Project:
a. General Plan Amendment ("GPA") — An amendment to Anomaly No. 46 of Table
LU2 of the 2006 Newport Beach General Plan Land Use Element to document the
conversion of 17 tennis courts to 27 hotel rooms authorized by City Council
Resolution No. 2012-10, and the addition of 14 hotel rooms for a total of 41 rooms
and one tennis courts for a total of eight tennis courts;
b. Local Coastal Program Implementation Plan Amendment (" LCPA") — An
amendment to NBMC Section 21.26.055.S.2 (Planned Community Coastal Zoning
District Development Standards, Newport Beach Country Club (PC-47, Tennis
Club) to modify the permitted uses and development standards allowed on the
Property;
c. Planned Community Development Plan Amendment ("PCDP Amendment") —
An amendment to Planned Community Development Plan No. 47 (Newport Beach
Country Club Planned Community) to amend land use regulations and
development standards on the Property;
d. Major Site Development Permit Amendment ("SDA") — An amendment to the
existing site development review in accordance with PC-47 and NBMC Section
20.52.80 (Permit Review Procedures, Site Development Reviews) for the
construction of the Project;
e. Coastal Development Permit Amendment ("CDPA") — A coastal development
permit for the demolition of existing structures, further subdivision on the Property,
and implementation of the Project;
f. Tentative Vesting Tract Map Amendment ("VTMA") — An amendment to Vesting
Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the Newport
Beach Municipal Code ("NBMC") for a lot reduction created for the Approved
Project and inclusion of the condominium ownership;
g. Limited Term Permit Amendment ("XP") — A limited term permit to allow
temporary use of structures during construction on the Property, pursuant to NBMC
Section 20.52.040;
h. Development Agreement Amendment ("DA") — A second amendment to the
Development Agreement (DA2008-001), between the Applicant and the City,
pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction ,Development
Agreements Required, Development Agreement Required) and 15.45.070
(Buildings and Constructions, Development Agreements,
Amendment/Cancellation) of the NBMC, which would provide vested right to
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develop the Project for a term of ten years and provide negotiated public benefits
to the City; and
Addendum to previously adopted Mitigated Negative Declaration No. ND-
2010-008 (SCH2010091052) ("Addendum") — Pursuant to the California
Environmental Quality Act ("CEQA"), the Addendum addresses reasonably
foreseeable environmental impacts resulting from the Project.
4. The Property is designated Mixed -Use Horizontal 3/Parks and Recreation (MU-H31PR) by
the General Plan Land Use Element and is located within the Newport Beach Country Club
Planned Community (PC-47) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed -Use Horizontal/Parks and Recreation (MU-HIPR) and it is located within the
Newport Beach Country Club Planned Community (PC47) Coastal Zone District.
6. A public hearing was held on September 8, 2022 in the City Council Chambers, located at
100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose
of the hearing was given in accordance with 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 Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
On March 27, 2012, the Newport Beach City Council approved Mitigated Negative
Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative
Declaration No. ND2010-008 (together referred to as "MND") that addressed the
potential environmental effects associated with the Approved Project. The MND was
prepared in compliance with the California Environmental Quality Act as set forth in
Section 21000 et seq. of the California Public Resources Code ("CEQA"), the State
CEQA Guidelines set forth in Title 14, Division 6, Chapter 3 of the California Code of
Regulations, ("CEQA Guidelines"), and City Council Policy K-3.
2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when a negative declaration adopted for a project, no
subsequent negative declaration is required unless the lead agency determines, on the
basis of substantial evidence in the light of the whole record, one or more of the
following:
a. Substantial changes are proposed in the project which will require major revisions
of the previous negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
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b. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
negative declaration was adopted as complete, shows any of the following:
The project will have one or more significant effects not discussed in the
previous negative declaration.
ii. Significant effects previously examined will be substantially more severe
than shown in the adopted negative declaration.
iii. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt
the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous negative declaration would substantially
reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
3. Although the Project necessitates an amendment to the General Plan due to the
increased number of hotel rooms and tennis courts, there are no proposed changes to
the land uses permitted per the General Plan land use designation. Additionally, based
on the changes associated with the Project, there are no conditions that would require
the preparation of a subsequent or supplemental MND. As a result, an Addendum to the
MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative
Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA
Guidelines.
4. The following environmental topics were analyzed for the Project: Aesthetics, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Noise, Population and Housing, Public Services,
Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Addendum
includes analysis of new topics that were not included in the previous MND; specifically,
it includes a new energy section and a new wildfire section. These additional analyses
are appropriate for inclusion in the Addendum, but none result in new or increased
significant impacts that would require preparation of a subsequent MND pursuant to
Section 15162 of the CEQA Guidelines.
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5. On the basis of the MND and entire environmental review record, the additional tennis
court, hotel rooms, ancillary hotel uses, and conversion of three (3) single-family
residences to condominium units will not result in any new significant impacts that were
not previously analyzed in the MND. The Addendum confirms and provides substantial
evidence that the potential impacts associated with this Project would either be the same
or less than those described in the MND, or as mitigated by applicable mitigation
measures in the MND. In addition, there are no substantial changes to the
circumstances under which the Project would be undertaken that would result in new or
more severe environmental impacts than previously addressed in either the MND, nor
has any new information regarding the potential for new or more severe significant
environmental impacts been identified. Therefore, in accordance with Section 15164 of
the CEQA Guidelines, an addendum to the previously adopted MND is the appropriate
environmental document for the Project. In taking action to approve any of the requested
applications for the Project, the data presented in the MND, as augmented by the
Addendum for this Project, are considered as part of the record.
6. The Addendum to the MND, is hereby recommended for adoption by the City Council
given its analysis and conclusions. The Addendum to the MND and related referenced
documentation, constitute the administrative record upon which this decision was based,
are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach,
California.
7. 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. REQUIRED FINDINGS.
General Plan Amendment
An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative
act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et
seq., set forth any required findings for either approval or denial of such amendments.
Findinq and Facts in Support of Findings:
As part of the Approved Project, the City Council adopted Resolution No. 2012-10, which
authorized the conversion of 17 tennis courts to 27 hotel rooms along with the
redevelopment of the Property. The Approved Project included a 3,725-square-foot
tennis clubhouse and seven (7) tennis courts, five (5) single-family residential units, and
a 27-room boutique hotel with a 2,200 square -foot concierge and guest meeting facility
and a 7,500 square -foot spa and fitness center. The City Council found that the
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conversion of tennis courts to hotel rooms is consistent with the General Plan based on
the following:
a. The Project provides revitalization to Newport/Fashion Island area where the
General Plan encourages additional hotel development and housing units; and
b. The conversion does not create traffic impacts. At the time of the conversion, the
17 tennis courts generated 658 average daily trips based upon ITE Trip
Generation Rates (71h edition), while the 27 hotel rooms generated 221 average
daily trips, resulting in a net decrease of 389 daily trips.
2. The Project includes a GPA to amend the development limits for Anomaly 46. The
development limits will be updated to reflect 27 hotel rooms which has been approved
by the conversion of 17 un-used tennis courts and seven (7) remaining tennis courts, as
part of the Approved Project. The GPA will also include the proposed 14 additional hotel
rooms and one tennis court. Together, a total of 41 hotel rooms (27+14=41 rooms) and
eight tennis courts will be included in Anomaly 46. No change to the 3,725-square-foot
tennis clubhouse is proposed. The GPA does not include a change in land use
designation and would remain as Mixed -Use Horizontal 3/Parks and Recreation (MU-
H3IPR).
3. The Project GPA is consistent with the following City of Newport Beach General Plan
Land Use policies, applicable to the Project (additional policy analysis is included in the
MND Addendum attached hereto as Exhibit "A"):
a. Land Use Element Policy LU1.1(Unique Environment). Maintain and enhance
the beneficial and unique character of the different neighborhoods, business
districts, and harbor that together identify Newport Beach. Locate and design
development to reflect Newport Beach's topography, architectural diversity, and
view sheds.
The Project includes an amendment to the PC-47 District regulations on the
Tennis Club site and reflects the proposed development on the Property. PC-47
will continue to guide development occurring within the Property. The
development standards address building height, setbacks, landscaping, and
architectural character. The standards are intended to ensure that the City's
unique character is maintained through land use and architectural diversity.
b. Land Use Element Policy LU1.2 (Citywide identity). While recognizing the
qualities that uniquely define its neighborhoods and districts, promote the identity
of the entire City that differentiates it as a special place within the Southern
California region.
The area in which the Property is located is characterized by a variety of
residential, commercial, and recreational land uses that reflect a range of
architectural styles, which contribute to the unique character of the City. The
intensity and architectural character of the Project are compatible with the variety
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of densities and styles within the area, which are consistent with the identity of
the City. The architectural character of the Project, including the bungalow -style
hotel rooms, detached residential units, and attached residential loft buildings, is
consistent with the City's desire to differentiate Newport Beach from other coastal
cities.
c. Land Use Element Policy LU2.1 (Resident -Serving Land Uses).
Accommodate uses that support the needs of Newport Beach's residents
including housing, retail, services, employment, recreation, education, culture,
entertainment, civic engagement, and social and spiritual activity that are in
balance with community natural resources and open spaces.
The Project will continue to provide residents with recreational opportunities,
culture, entertainment, and civic engagement. The proposed amendment
remains supportive of recreational uses by providing one additional tennis court
to the previously approved seven (7) courts. The amendment also includes an
additional 14 hotel rooms to the previously approved 27-unit hotel development
with additional hotel amenities for club members such as a Performance Therapy
Center and Yoga Pavilion.
d. Land Use Element Policy LU.2.6 (Visitor Serving Uses). Provide uses that
serve visitors to Newport Beach's ocean, harbor, open spaces, and other
recreational assets, while integrating them to protect neighborhoods and
residents
The Project provides visitors with an updated recreational facility as it includes a
new tennis clubhouse and eight (8) tennis courts, which includes a stadium size
court. The tennis club is adjacent to a golf course with amenities and is within
2,000 feet from the Newport Bay. The proposed 41 hotel rooms provide additional
opportunities for visitors to enjoy the tennis club and nearby recreational
activities.
e. Land Use Element Policy LU3.2 (Growth and Change). Enhance existing
neighborhoods, districts, and corridors, allowing for reuse and infill with uses that
are complementary in type, form, scale, and character. Changes in use and/or
density/intensity should be considered only in those areas that are economically
underperforming, are necessary to accommodate Newport Beach's share of
projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that
distinguish Newport Beach as a special place to live for its residents. The scale
of growth and new development shall be coordinated with the provision of
adequate infrastructure and public services, including standards for acceptable
traffic level of service.
The character of the tennis club, hotel development, and residential units are
compatible with the existing land uses and development intensities of the
surrounding area. Although the additional 14 hotel rooms and one (1) tennis court
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requires amendments to adopted plans and regulations, the existing tennis club
and hotel development that are the substance of the Approved Project are
allowed under the existing General Plan. The Project has been designed to be
compatible with the existing residential, commercial, and recreational uses
located within the vicinity of the project site. In addition, the surrounding area is
adequately served by existing infrastructure, including circulation, water, sewer,
and storm drainage systems. As a result, the implementation of the Project will
not adversely affect those systems or the provision of adequate service to nearby
development.
f. Land Use Element Policy LU3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Polices 6.3.1
through 6.22.7: Fashion island/Newport Center: expanded retail uses and hotel
rooms and development of residential in proximity to jobs and services, while
limiting increases in office development.
The Project provides enhancement to the Property, which is currently being used
exclusively as a tennis club, to include 41 hotel rooms and ancillary uses, and
five residential units. The Project retains a total of eight tennis courts and the
reconstruction of the Tennis Clubhouse. The Project will be utilized as a
recreational facility for residents, guests, and club members.
g. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate land use
development consistent with the Land Use Plan.
The Project is consistent with the designation of the General Plan Land Use
Element, which designates the Property as MU-H31PR. The Property is located
within Anomaly 46, which allocates 24 tennis courts with residential permitted in
accordance with the MU-1-13 designation. The GPA includes an amendment to
the Development Limit (Other) of Anomaly 46, to reduce the number of tennis
courts to eight (8) and to include 41 hotel rooms.
h. Land Use Element Policy LU5.1.2 (Compatible Interfaces). Require that the
height of development in nonresidential and higher -density residential areas
transition as it nears lower -density residential areas to minimize conflicts at the
interface between the different types of development.
Although the Property is not located adjacent to lower density residential
development, the Project has been designed to respect the proximity of the
existing residential development adjacent to the Property. The amended PC-47
prescribes maximum building heights and setback requirements for each of the
development components to ensure land use compatibility. Building heights for
the proposed structures will range from 46 feet for the attached residential loft
buildings, 39 feet for the detached residential units, 31 feet for the hotel rooms,
and 30 feet for the tennis clubhouse, which are within the maximum 50-foot
building height allowed by PC-47.
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Land Use Element Policy LU (5.3.3). 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 5.1.9 and 5.2.1 and planned to
assure compatibility among the uses and provide adequate circulation and
parking. 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.
The Project includes one additional tennis court to the tennis club, 41 hotel rooms,
two (2) single family residences, and three (3) residential condominium units. The
Project provides adequate parking for each of the proposed uses. Vehicular and
pedestrian circulation has been designed to accommodate the residents, as well
as guests and members of the tennis club and hotel development. The
architectural character of the uses is defined in PC-47 to ensure that compatibility
between proposed uses and the surrounding area is maintained.
f Land Use Element Policy LU5.3.4 (Districts Integrating Residential and
Nonresidential 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.
Each of the uses has been designed to complement the overall Project. The uses
are connected by the vehicular and pedestrian circulation system, including
sidewalks and pedestrian pathways. Land use compatibility is achieved through
a common landscape theme and design guidelines in PC-47 to ensure that the
architectural integrity of the Project is not compromised.
k. Land Use Element Policy LU6.14.2 (Newport Center). Provide the opportunity
for limited residential, hotel, and office development in accordance with the limits
specified by Tables LU1 and LU2.
The Project has a mix of land uses including single-family residential, attached
residential condominiums, recreational tennis club facilities, and visitor -serving
commercial uses. These uses are permitted in Table LU1 under the MU-H31PR
land use designation. The GPA proposes to amend the development limits of
Table LU2 to include eight (8) tennis courts and 41 hotel rooms.
1. Land Use Element Policy LU6.14.6 (Pedestrian Connectivity and Amenity).
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.
The Project provides for both pedestrian and vehicular access within the
Property. Sidewalks and pedestrian pathways are incorporated into the
circulation system that are intended to accommodate pedestrians utilizing the
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tennis club, hotel facilities, and future residents. A landscape plan has been
provided which includes plant materials that are intended to reflect and
complement the existing character within the project area.
4. Pursuant to California Government Code Section 65352.3 (SB18), a local government
is required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that twelve (12) tribal contacts should be provided notice regarding
the proposed amendment. The tribal contacts were provided notice on June 9, 2022.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until the 90-day period expires on September 7,
2022.
423 Charter Analysis
Finding:
Charter Section 423 requires voter approval of any major General Plan amendment to the
General Plan. A major General Plan amendment is one that significantly increases allowed
density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more
than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus 80
percent of the increases resulting from other amendments affecting the same neighborhood
(defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted
within the preceding ten years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed
amendments to the General Plan be reviewed to determine if a vote of the Newport Beach
electorate would be required. This policy includes a provision that all General Plan
amendments be tracked as "Prior Amendments" for ten (10) years to determine if minor
amendments in a single Statistical Area cumulatively exceed the thresholds indicated above.
Facts in Support of Findings:
1. The Property is within Statistical Area L1. Prior amendments within the past ten (10)
years are Vivante Senior Housing and Residences at Newport Center. Charter Section
423 counts 80 percent of prior increases, which results in a cumulative increase of 94
dwelling units, 23 AM trips, and 43 PM trips between both projects. There were no
square footage increases.
2. The GPA results in an increase of 14,000 square feet (at the rate of 1,000 square feet
per hotel unit) of non-residential floor area, 9.51 AM trips, and 12.42 PM trips. When
combined with 80 percent of the prior increases, this results in cumulative increases of
14,000 square feet of non-residential floor area, 32.51 AM trips, and 55.42 PM trips. As
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none of the thresholds specified by Charter Section 423 are exceeded, no vote of the
electorate is required if the City Council chooses to approve the GPA.
Local Coastal Program Amendment
Finding:
As set forth in Section 30500 of the California Public Resources Code, the California Coastal
Act requires each county and city to prepare a local coastal program ("LCP") for that portion of
the Coastal Zone within its jurisdiction. The California Coastal Commission effectively certified
the City's LCP Implementation Plan on January 13, 2017, and the City of Newport Beach
("City") added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the NBMC
whereby the City assumed coastal development permit -issuing authority as of January 30,
2017.
Facts in Support of Findings:
An amendment to Title 21 is necessary to revise Section 21.26.055(S), specifically referring to
the Newport Beach Country Club Planned Community (PC47) development standards of the
"Tennis Club", "The Villas", and "The Bungalows":
Tennis Club - The LCPA increases the density and intensity limit for the number of tennis
courts from seven (7) to eight (8) courts. The additional tennis court increases the minimum
required parking from 28 spaces to 32 spaces. There is no change to the 3,725-square-
foot limit for the Tennis Clubhouse.
2, The Residential (Villas) - The number of residential units remains unchanged. However,
the LCPA converts three (3) of the five (5) single-family residences to attached residential
condominium !nits. Therefore, the amendment revises the density and intensity limit for
The Villas from five (5) to two (2) single family residences and removes previous
development standards for Villas C, D, and E. The LCPA also includes new development
standards for attached residential condominiums, which have a density limit of three (3)
units and maximum gross floor area of 15,035 square feet. The maximum height allowed
for the attached residential buildings is 46 feet. The buildings are required to be set back
five (5) feet from any property line. The remaining single-family residences require a
minimum of two enclosed parking spaces and one guest parking space per unit, while the
proposed attached condominiums require a minimum of three enclosed parking spaces
and one guest parking space per unit.
3. The Hotel (Bungalows) - The LCPA revises the density and intensity limits for the
bungalows from 27 to 41 short-term guest rental rooms. Additionally, the maximum
allowable gross floor area increases from 28,300 to 47,484 square feet. Square footage
for ancillary hotel uses are also included. A minimum of one (1) space per hotel unit is
required.
4. The LCPA is consistent with other applicable land use policies of the Coastal Land Use
Plan as provided below:
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a. Coastal Land Use Element Policy 2.1.2-1 (District/Corridor Policies).
Development in each district and corridor shall adhere to policies for land use
type and densitylintensity contained in Table 2.1.1-1, except as modified in
Sections 2.1.3 to 2.1.8.
The MU-HIPR designation allows horizontally -distributed mix of uses, which may
include general or neighborhood commercial, commercial offices, multi -family
residential, visitor -servicing and marine -related uses, buildings that vertically
integrate residential with commercial uses, and active public or private
recreational uses, including parks, golf courses, marina support facilities, aquatic
facilities, tennis clubs and courts, private recreation, and similar facilities.
The Project is consistent with the land use designation on the adopted Coastal
Land Use Plan, which designates the subject property MU-HIPR (Mixed Use
Horizontal/Parks & Recreation). The Project includes a mixture of uses which
include a tennis club and eight (8) tennis courts, a 41-unit hotel development and
ancillary uses, and five (5) residential units. All of these uses are intended to
provide an updated recreational facility to serve the residents and visitors of the
City. Additionally, the residential units will supplement the City's housing supply.
c. Coastal Land Use Element Policy 2.1.8-1 (Balboa Bay Tennis Club). Allow
the horizontal intermixing of short-term rental units and single-family homes with
the expanded tennis club faculties. Permitted uses include those permitted by the
MU-H and PR categories.
The Project includes the mix of 41 hotel rooms with five (5) residential units, which
consists of two (2) single-family residences and three attached condominium
units. The hotel and residential uses are consistent with both the MU-H and PR
categories.
5. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, drafts of the LCPA were made available and a Notice of Availability was
distributed on August 1, 2022 at least six (6) weeks prior to the anticipated final action
date.
Planned Community Development Plan Amendment
The Property has a zoning designation of PC-47, which was adopted in 1997 by Ordinance 97-
10 as a part of the City-wide amendment to the districting maps in order to be consistent with
the 1988 General Plan Land Use Element and Zoning Code. Development regulations through
a Planned Community District Development Plan was not adopted when the PC District zoning
designation was assigned to the Property.
On March 27, 2012, the City Council adopted a Planned Community Development Plan
(PCDP), which is the zoning document to PC-47 to provide use regulations, density and
intensity of the proposed uses, and very specific development regulations (building height,
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square footage, setbacks, and parking standards). The PCDP included architectural styling and
a complete internal vehicular and pedestrian circulation system for both the Golf and Tennis
Club sites. PC-47 also includes site development review regulations to ensure new
development proposals within the Newport Beach Country Club are consistent with the goals
and policies of the General Plan, provisions of PC-47, and the approved Development
Agreement_
Findings:
An amendment to PC-47, which is the zoning document for the Property, is a legislative act.
Neither PC-47, Chapter 20.66 (Planning and Zoning, Amendments) and Chapter 20.56
(Planning and Zoning, Planned Community District Procedures) of Title 20 (Planning and
Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of
Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California
Government Code set forth any required findings for either approval or denial of such
amendments.
Facts in Support of Findings:
The proposed amendment to PC-47 to allow an additional 14 hotel rooms and ancillary uses,
one tennis court, and the conversion of three of five single-family dwelling units to
condominiums is consistent with the intent of PC-47 and the purpose of Planned Community
Districts as specified in NBMC Section 20.56.010 (Planning and Zoning, Planning Community
District Procedures, Purpose) for the following reasons:
The Project is consistent with the intent and purpose of PC-47 in that the tennis club,
hotel, and residential uses and their development standards have already been allowed
and in place on the Property. The proposed changes to the building height, setbacks,
and parking standards in order to accommodate the Project are within the development
standards in place for the Approved Project.
2. PC-47 provides guidelines for architectural design to include coordinated and cohesive
architecture which exhibits quality that is keeping with the surrounding area in Newport
Center. The Project includes additional hotel rooms and two (2) attached residential
condominium loft buildings. The proposed additions have consistent architecture with
the Approved Project, which has cohesive architectural features that include smooth
plaster exterior siding, clay -tile roofs, and stone veneer exterior accent finishes.
3. PC-47 permits structures to be a maximum of 50 feet in height. The Project includes two
(2) attached residential condominium loft buildings which features condominiums on the
third level atop of a two (2)-level hotel building. The loft buildings are proposed at a
maximum of 46 feet high and comply with the height limit. All other structures are
consistent with the maximum heights prescribed in PC-47.
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Site Development Review Amendment
On January 24, 2012, the City Council approved Site Development Review No. SD2011-002,
which authorized the construction of Approved Project. The proposed changes to the Approved
Project, necessitate the SDA.
In accordance with Section 4.0 of PC-47 (Site Development Review), the following findings and
facts in support of such findings are set forth:
Finding:
A. The Site Development Plan shall be in compliance with all other provisions of the
Newport Beach Country Club Planned Community Development Plan.
Facts in Support of Finding:
PC-47 requires that a site development review process to be completed for construction
of any new major building structure located on the subject site and would require
consideration and approval by the Planning Commission prior to the issuance of grading
or building permits. An amendment to the previously approved site development review
has been submitted for the Property and meets provisions stated in the draft PCDP and
thereby meets the intent specified in Section 20.52.080 (Planning and Zoning, Permit
Review Procedures, Site Development Reviews) of the NBMC.
The Project includes an amendment to the PC-47 to incorporate revisions to the
Approved Project. These revisions include the addition of one (1) tennis court, the
addition of 14 hotel rooms, and the conversion of three (3) single-family residences to
residential condominium units. Should the PC-47 amendment be approved, the SDA
complies with all provisions of the PC-47, as the proposed development complies with
all development criteria specified in the PC-47 in order to provide a coordinated,
cohesive, and comprehensive large-scale planning project.
Finding:
B. The Site Development Plan shall be compatible with the character of the neighboring
uses and surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City.
Fact in Support of Finding:
The architecture, landscaping components, circulation design, and all other project
components reflected in the SDR are compatible with the character of the neighboring
uses and surrounding sites. The additional 14 hotel rooms and attached residential
condominium buildings are of similar architectural style to the Approved Project's
bungalow -styled rooms. As a result, the Project is not detrimental to the orderly and
harmonious development of the surroundings and the City.
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Finding:
C. The Site Development Plan shall be sited and designed to maximize of aesthetic quality
of the Newport Beach Country Club Planned Community Development Plan as viewed
from surrounding roadways and properties, with special consideration given to the mass
and bulk of buildings and the streetscape on East Coast Highway.
Facts in Support of Finding:
The Property is separated from East Coast Highway by a commercial office plaza which
comprises of three two-story office buildings (1200 Newport Center Drive). The office
plaza includes landscaping along East Coast Highway with trees and various plantings.
The Newport Beach Country Club golf clubhouse is located approximately 150 feet west
of the Property. Additionally, the Property is approximately 250 feet from East Coast
Highway and is not visible to motorists travelling on the street.
2. The Project is designed consistent with the Approved Project's architectural style with
landscaping, circulation, signage and other components which visually connect the
tennis clubhouse and attached residential structures to the smaller structures such as
the hotel rooms and single-family residences. Therefore, the aesthetic quality of PC-47
is continued to be maximized as viewed from the surrounding roadways and properties.
3. The Project seeks to add additional hotel rooms, ancillary hotel uses, and attached
residential buildings to the Property. However, the overall footprint of the Approved
Project is not expanding and will not affect the mass of the Project as viewed from
surrounding roadways and properties.
Finding:
D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways,
landscaping and other site features shall give proper consideration to functional aspects
of site development.
Facts in Support of Finding:
The site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping, and other site features maximizes the functionality of the proposed
uses, while avoiding conflicts between uses and activities. The Project's multiple
components (tennis club, residential, and hotel) have been designed and sited to
function cohesively not only with each other, but also with the adjacent existing golf
course uses.
2. The Project promotes additional functionality between residential and hotel components,
as residential condominiums are attached to hotel rooms in two (2) separate loft
buildings, Underground parking is provided in the loft buildings, with additional street
parking and parking lots to serve hotel and tennis club guests. Each of the two (2) single-
family residences provide a two (2)-car garage to serve its residents.
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Coastal Development Permit Amendment
On April 10, 2013, the California Coastal Commission, which had permitting jurisdiction for
coastal development permits at the time, issued a notice of intent to issue CDP No. 5-12-160
for the Approved Project. A one (1)-year extension was granted on June 2, 2015. However, the
CDP subsequently expired. The City obtained CDP permitting authority in January of 2017. On
November 20, 2018, the City's Zoning Administrator approved the CDP, which authorized the
redevelopment of the Approved Project. The Project requires an amendment to the previously
approved CDP.
In accordance with Section 21.52.015(F) (Local Coastal Program Implementation Plan, Coastal
Development Review Procedures, Coastal Development Permits, Findings and Decision) of
the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
E. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
The Coastal Land Use Plan designates the Tennis Club site as Mixed -Use
Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land Use
Plan allows the horizontal intermixing of hotel rooms, single-family residences, attached
residential condominiums, and tennis club facilities on the project site (formerly
known/referenced as the Balboa Bay Tennis Club). Permitted uses include those
permitted by the MU-H and PR land use designations. A complete consistency analysis
of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the
Land Use and Planning Section of the previously adopted Mitigated Negative
Declaration (MND), pages 82 through 87, as well as in Table 5-5 of the Land Use and
Planning Section of Addendum to the MND. Furthermore, facts have been provided in
this Resolution which support the proposed amendment to the Local Coastal Program
Implementation Plan. In summary, the proposed project is consistent with the Coastal
Land Use Plan.
2. The MU-H coastal land use designation identifies a maximum density/intensity limit of
1.5 floor area ratio ("FAR"), with a minimum FAR of 0.25 and a maximum FAR of 0.5 for
retail uses and a maximum of 1.0 for residential. The Project proposes 65,595 square
feet of nonresidential floor area (approximately 0.21 FAR) for the hotel rooms, concierge
& guest center, and ancillary hotel uses which include a performance therapy center,
yoga pavilion, office, common area, and a spa and fitness center. Additionally, five (5)
residential dwelling units totaling 20,653 square feet (approximately 0.06 FAR). The
proposed density/intensity of the hotel and single-family units comply with the FAR
limitations identified in the Coastal Land Use Plan.
3. The PR category applies to land used or proposed for active public or private
recreational use. Permitted uses include parks (both active and passive), golf courses,
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marina support facilities, aquatic facilities, tennis clubs and courts, private recreation,
and similar facilities. The PR designation on this site is applicable to the existing and
proposed private tennis club and tennis courts. The density/intensity limitations include
incidental buildings, such as maintenance equipment sheds, supply storage, and
restrooms, not included in determining intensity limits. The proposed tennis club and
ancillary uses are consistent with this land use designation.
4. The Property is part of the 145-acre planned community (PC-47), which has been
adopted to regulate developments within the Property and the adjacent Golf Club Site,
and is in conformance with the Coastal Land Use Plan designation pursuant to Section
21.26.055(S)(2) of the Local Coastal Program Implementation Plan.
5. The Project conforms to all applicable development standards in the proposed
amendment to PC-47, including density/intensity, setbacks, building heights, and
parking.
6. The Property is not located in an area known for the potential of seismic activity or
liquefaction. All projects are required to comply with the California Building Code ("CBC")
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of a building permit. Permit issuance is also contingent on the inclusion of design
mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
7. Elevations on the Property range from 104 feet up to 120 feet North American Vertical
Datum of 1988 (NAVD88) above mean sea level. These site elevations are well above
projected sea level rise in Newport Bay for the next 75 years and the site is not subjected
to other coastal hazards.
8. The Project is required to develop and implement a Stormwater Pollution Prevention
Plan ("SWPPP") since the Project involves clearing, grading, and ground disturbance of
more than one acre. Pursuant to Section 21.35.030 (Local Coastal Program
Implementation Plan, Water Quality Control, Construction Pollution Prevention Plan) of
the NBMC, when a SWPPP is required, a Construction Pollution Prevention Plan
("CPPP") is required to implement temporary Best Management Practices (BMPs)
during construction to minimize erosion and sedimentation and to minimize pollution of
runoff and coastal waters derived from construction chemicals and materials. A CPPP
has been prepared and will be reviewed by the City's Engineer Geologist prior to
issuance of grading/building permits for site grading. Construction plans and activities
will be required to adhere to the approved CPPP/SWPPP.
9. A Water Quality and Hydrology Plan (WQHP) is required Pursuant to Section 21.35.050
(Local Coastal Program Implementation Plan, Water Quality Control, Water Quality and
Hydrology Plan) of the NBMC since the Project is considered a development of water
quality concern and includes the development of five dwelling units, more than 10,000
square feet of impervious surface area, and a parking area in excess of 5,000 square
feet. The WQHP/WQMP will be reviewed and approved by the City's Engineer Geologist
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prior to the issuance of building permits for site grading. The WQHPNVQMP includes a
polluted runoff and hydrologic site characterization, a description of site design BMP's,
and documentation of the expected effectiveness of the proposed BMPs. Construction
plans will be reviewed for compliance with the approved WQHP/WQMP prior to building
permit issuance.
10. An Analysis of the Fiscal and Economic Impacts was prepared on August 29, 2022, by
Kosmont Companies to analyze the construction of new visitor accommodations in the
coastal zone in accordance with the requirements of Section 21.48.025 (Local Coastal
Program Implementation Plan, Standards for Specific Land Uses Visitor
Accommodations) of the NBMC. The report provides a feasibility analysis stating that
the anticipated average daily room rate for all 41 rooms is approximately $920 and the
statewide average daily room rate is $205.69. Therefore, the proposed accommodations
are not considered lower cost accommodations. The report considers the specific
location of the Property as an inappropriate location for low cost accommodations.
Additionally, low cost accommodations are not feasible due to prohibitive land and
construction costs. The Property does not currently provide accommodations of any kind
and implementation of the Project would not impact low-cost accommodations. While
the Project does not include any lower cost rooms, and the Local Coastal Program
Implementation Plan defines it as an impact, there is no impact on the provision of lower -
cost visitor accommodations in the Coastal Zone. The Project features larger guest
facilities to accommodate a higher occupancy per room, kitchens in a majority of the
hotel rooms, and separate living rooms with sofa beds, all which offset higher costs of
accommodations.
Findinq:
F. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
The Property is not located between the nearest public road and the sea or shoreline.
The Property will not affect the public's ability to gain access to, use, and/or view the
coast and nearby recreational facilities. Vertical access to Newport Bay is available via
existing public access at 1601 Bayside Drive, which is located approximately 1,600 feet
southwest of the subject property.
2. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the
closest public view road as Newport Center Drive, located approximately 170 feet east
of the Property and the closest public viewpoint as Irvine Terrace Park, located 525 feet
south of the Property. Coastal views from these view corridors and viewpoints are
directed toward the Newport Bay and the Pacific Ocean. Since the Property is located
to the north of Irvine Terrace Park, the Project will not affect coastal views due to its
orientation. From Newport Center Drive, there is a zero to 40-foot grade difference to
the project area below. The maximum height allowed in PC-47 is 46 feet for the attached
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condominium lofts, 39 feet for the two (2) single-family residences, 30 feet for the tennis
clubhouse, and 31 feet for the hotel rooms. Therefore, the majority of the Project would
sit below the existing grade elevations along Newport Center Drive, minimizing the
visibility of the project site and would not obstruct public coastal views. During
construction, construction equipment would be obscured by vegetation and the grade
differential so it would not obstruct coastal views from motorists traveling along Newport
Center Drive. The Project will not impact coastal views.
Vesting Tentative Tract Map Amendment
On January 24, 2012, the City Council approved Vesting Tentative Tract Map No. 15347, which
authorized the creation of seven separate lots for the tennis club, 5 single-family residences, and
27 hotel rooms, and lettered lots for common areas and a private street. The Applicant proposes
an amendment to the vesting tentative tract map to accommodate the Project, which consists of
two (2) single -unit residential dwellings, three (3) residential condominiums, 41 hotel rooms, a
tennis clubhouse, their common open space areas and a private street to support the proposed
uses. The VTMA reflects the combination of two (2) previously divided lots which were intended
for two (2) detached single-family residences. This results in the elimination of one lot for a total
of six (6) separate lots. No changes to the lots created for common areas and a private street are
proposed. The map of the VTMA has also been modified to include residential condominium
portion of the Project.
In accordance with Section 19.12.070 (Subdivisions, Tentative Map Review, Required Findings
for Action on Tentative Maps) of the Newport Beach Municipal Code, and the following finding
and facts in support of such findings are set forth -
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 applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
The Project is consistent with the MU-H31PR General Plan designation of the site.
2. The Public Works Department has reviewed the proposed revisions to the approved
vesting tentative tract map and determined it is consistent with the Title 19 and
applicable requirements of the Subdivision Map Act.
3. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
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The Property is entirely developed and does not support any environmental resources.
2. The Property is located in the Newport Center and Fashion Island area. The Property is
currently improved with a private tennis club. Given its location, this site is ideal for the
development of a recreation and mixed -use project as allowed by the General Plan Land
Use Element.
Finding
C. That the design of the subdivision or the proposed improvements will not 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.
Fact in Support of Findin :
An Addendum to the MND has been prepared and concludes that no significant environmental
impacts will result with the Project development of the Property in accordance with the
proposed subdivision map revision.
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:
The VTMA is required for the subdivision of parcels in order to accommodate the
development of the tennis club and courts, two (2) single -unit residential dwellings, and
41 hotel rooms on the Property. All construction for the project will comply with all
Building, Public Works, and Fire Codes, which are in place to prevent serious public
health problems. Public improvements will be required of the developer per Section
19.28.010 of the NBMC and Section 66411 of the Subdivision Map Act. Compliance with
all ordinances of the City and all Conditions of Approval for the Project will ensure that
the Project will not cause any serious health problems.
2. All mitigation measures will be implemented as outlined in the Addendum to the MND to
ensure the protection of the public health.
3. No evidence is known to exist that would indicate that the planned subdivision pattern will
generate any serious public health problems.
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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 easements 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.
Facts in Support of Finding:
The design of the Project will not conflict with any easements acquired by the public at
large for access through or use of property within the Property.
2. An easement through the Property will be retained by the City to sewer and utilities
purposes.
3. No other public easements for access through or use of the Property have been retained
for use by the public at large.
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 is not subject to the Williamson Act since the Property is not considered an
agricultural preserve and is less than 100 acres.
Finding:
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.
Facts in Support of Finding:
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The Property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
2. The Property is not located within a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
The VTMA and improvements are subject to Title 24 of the California Building Code that
requires new construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Division enforces Title
24 compliance through the plan check and inspection process.
Findinq
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.
Facts in Support of Finding:
The proposed amendment to Vesting Tentative Tract Map 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. The Project does not
involve the elimination of residential rooms and therefore will not affect the City's ability
to meet its share of housing needs.
2. Public services are available to serve the Project and the Addendum to the MND
prepared for the Project indicates that the project's potential environmental impacts are
properly mitigated.
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. Waste discharge into the existing sewer system will be not violate Regional Water
Quality Control Board (RWQCB) requirements.
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2. Sewer connections have been conditioned to be installed per City Standards, the
applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest
revision of the Uniform Plumbing Code.
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.
Facts in Support of Finding:
The Property is located in the Coastal Zone and subject to a coastal development permit.
2. The Property does not have access to any beaches, shoreline, coastal waters, tidelands,
coastal parks or trails.
3. Facts in support of Findings E and F are hereby incorporated by reference.
Limited Term Permit
In accordance with Section 20.52.040 (Planning and Zoning, Permit Review Procedures,
Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts
in support of such findings are set forth:
Finding:
A, The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of
the requested limited duration use;
Facts in Support of Finding:
The limited term permit will allow two (2) temporary modular trailers and portable toilets.
Both modular trailers are approximately 33 feet long and 13 feet wide. One (1) modular
trailer is proposed to be used as a construction office located at the southwest portion
of the Property and will be staged at this location through the entire duration of the
Project. The second modular office is proposed to be used as a temporary office for
tennis club operations and will be located on the easterly portion of the Property through
the construction phase of the project (approximately 16 months after construction
begins). The portable toilets are proposed to serve the temporary tennis club office and
located nearby.
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2. The operation of the temporary modular trailers is proposed to exceed 90 days from the
date of the permit. The construction office is proposed to be staged for the duration of
all construction activities, which is estimated to be approximately 20 months. The tennis
club office is proposed to be staged for approximately 16 months, and will be removed
upon completion of the Project.
Finding-
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot,
Facts in Support of Finding:
The Property is approximately seven (7) acres in size. Based on the construction phasing
plan, there is adequate area to accommodate the proposed modular trailers and
portable toilets throughout the various phases of construction. The construction trailer
will be located within an area which is fenced off from public view and access.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate, -
Facts in Support of Finding:
The Property has an existing parking lot with two (2) entrances currently taken from
Clubhouse Drive, which has a westerly outlet to East Coast Highway and an easterly
outlet to Granville Drive and Newport Center Drive.
2. During the various phases of construction, the easterly entrance to the parking lot will
remain available to the public for parking and will provide direct access for the modular
office trailer and portable toilets, while the westerly entrance will be for construction
access only. The construction trailer is intended for construction use only and not for the
public. There are no traffic issues anticipated.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on -site or at alternate locations acceptable
to the Zoning Administrator, and
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Facts in Support of Finding:
The proposed trailers will not create additional parking demand since it will be utilized
as offices for construction activities and employees displaced during the renovation of
the tennis clubhouse.
2. A portion of the existing parking lot will remain, with access available on the easterly
side of the lot from Granville Drive and Newport Center Drive. The remaining parking lot
provides adequate parking for employees and members of the tennis club.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The temporary trailers are conditioned to comply with all applicable provisions of the
General Plan, Municipal Code, and other City regulations.
2. The Property is not located within a specific plan area.
Develor)ment Agreement Amendment
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 the Applicant for the Approved Project. The Agreement was executed and recorded,
as document number 2014000036369 on January 29, 2014, with a ten-year term.
On July 12, 2022, the City Council adopted Ordinance No. 2022-16, approving First
Amendment to Agreement to extend the term of the Agreement by one (1) year.
Finding:
In accordance with Section 15.45.020(A)(2)(c) (Buildings and Construction, Development
Agreement, Development Agreement Required) of the NBMC, an amendment to the DA is
required as the Project, which includes an amendment to PC-47 and a General Plan
Amendment to increase the number of hotel rooms from 27 to 41 rooms, which is new non-
residential development in Statistical Area L1 (Newport Center/Fashion Island). Additionally,
the Applicant requests an additional 10-year term of Agreement, pursuant to Section 15.45.070
(Buildings and Construction, Development Agreement, Amendment/Cancellation) of the
NBMC. The Second Amendment to the Agreement satisfies the requirements of Chapter 15.45
(Buildings and Construction, Development Agreements) of the NBMC as follows:
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Facts in Support of Finding:
1. The Second Amendment provides assurance that the Applicant may proceed with the
Project in accordance with existing policies, rules and regulations, and conditions of
approval. Additionally, the Second Amendment to the Agreement helps the Applicant
avoid a waste of resources and escalated costs of the Project while encouraging a
commitment to private participation in comprehensive planning.
2. The Second Amendment to the Agreement specifies the term of Agreement to be
extended for a period of ten (10) years, as well as the updated permitted uses, density
and intensity, and maximum height and size of proposed buildings, consistent with the
Approved Project. Additionally, the Second Amendment to the Agreement includes all
mandatory elements, including public benefits that are appropriate to support conveying
the vested development rights consistent with the City's General Plan, NBMC, and
Government Code Sections 65864 et seq.
3. Public benefits include the payment of ninety-three thousand dollars ($93,000) per each
residential dwelling unit and ten dollars ($10) per square foot of construction for the
tennis clubhouse.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends the
followings to the City Council:
a. Adopt Mitigated Negative Declaration Addendum No. ND2022-001 to Mitigated
Negative Declaration No. ND2010-008 and Errata to Mitigated Negative
Declaration No. ND2010-008 (SCH 2O10091052), as depicted in Exhibit "A";
b. Approve General Plan Amendment, as depicted in Exhibit B;
c. Approved Local Coastal Program Implementation Plan Amendment; as depicted
in Exhibit C
d. Approve Planned Community Development Plan Amendment, as depicted in
Exhibit D;
e. Approve amendment to Major Site Development Review No. SD2011-002, with
conditions of approval as depicted in Exhibit F;
f. Approve amendment to Coastal Development Permit No. CD2017-039 with
conditions of approval as depicted in Exhibit F;
g. Approve amendment to Vesting Tentative Tract Map No. NT2005-003, with
conditions of approval as depicted in Exhibit F
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h. Approve amendment to Limited Term Permit No. XP2011-004, with conditions of
approval as depicted in Exhibit F; and
i. Approve Second Amendment to Development Agreement No. DA2008-001, as
depicted in Exhibit E.
PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF SEPTEMBER, 2022.
AYES: Ellmore, Harris, Kleiman, Lowrey, and Weigand
NOES: None
RECUSED: Weigand
ABSENT: Klaustermeier
BY:
Lauren Kleiman, Chairman
BY: '-'ZZ
Mark Rosene, Secretary
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EXHIBIT "A"
ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. ND2010-008 AND ERRATA TO
MITIGATED NEGATIVE DECLARATION NO. ND2010-008 (SCH NO. 2010091052)
Available separately due to bulk at:
www.newportbeachca.g oq v/cegaa
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EXHIBIT "B"
GENERAL PLAN AMENDMENT TO ANOMALY NO. 46 OF TABLE LU2 OF THE 2006
NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
15-224
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (so
Development
Limit Other
Additional Information
46
L1
MU-H31PR
3,725
8 Tennis
Residential permitted
Courts
in accordance with
MU-H3
41 Hotel
*27 rooms converted
Rooms*
from 17 tennis courts
per Council
Resolution 2012-10
and 14 rooms per
General Plan
Amendment PA2022-
260
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EXHIBIT "C"
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AMENDMENT
15-226
Local Coastal Program Implementation Plan Amendment Related to Development
Standards of the Tennis Club portion within the Newport Beach Country Club
Planned Community (PC-47) (PA2021-260)
Amend Section 21.26.055.S (Newport Beach Country Club) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code to read as follows:
S. Newport Beach Country Club (PC-47).
2. Tennis Club.
a. Density/intensity limit: seven eight (8) tennis courts; and three thousand seven
hundred twenty-five (3,725) square foot clubhouse.
b. Height: thirty (30) feet for clubhouse.
c. Parking: twenty-eight (28) spaces thirty-two (32) spaces
3. Residential.
a. Detached Residential (Villas)
i. Dens ityli ntens ity limit: two single-family dwelling units.
ii. Development Standards:
Villa Designation
Villa A (TTM Lot #1)
Villa B (TI'M Lot #2)
Lot Size
5,000 square feet minimum
Lot Coverage (Maximum)
70%
65%
39 feet, measured in accordance with the Height and Grade
Building Height
definition of Section 2.0 General Conditions and
Regulations
Building Side Yard Setbacks
3 feet minimum
Building Front and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking Space for
2
2
Each Unit
Open Guest Parking Space
One space - could be located on the private driveway — No
for Each Unit
overhang to the private street/cul-de-sac is allowed
15-227
b. Attached Residential (Condominiums)
i. Density/intensity limit: three (3) attached residential units.
ii. Setbacks: five (5) feet from any property line.
iii. Height: forty-six (46) feet (to be located atop of the 2-story hotel
buildings).
iv. Parking: three (3) enclosed spaces and one guest space per
dwelling unit.
4 (The BwAgak ..s Hotel
a. Density/Intensity Limit: forty-one (41) short-term guest rental Units rooms.
The maximum total allowable gross floor area for the hotel rooms shall be twenty
eight tl;Gussand three huRdFed (28,300) forty-seven thousand four hundred
eighty -flour (47,484) square feet with a two thousand two hundred (2,200) square -
foot concierge and guest center, four thousand six hundred eighty-six (4,686)
square feet of ancillary hotel uses, and a seven thousand five hundred (7,500)
square -foot spa facility.
b. Setbacks: five feet from any property line.
c. Height: thirty-one (31) feet.
d. Parking: . forty-one (41) parking spaces.
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EXHIBIT "D"
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT
15-229
Newport Beach Country Club
Planned Community Development Plan
Adoption: March 27, 2012, Ordinance No. 2012-2
Amendment: , 2022, Ordinance No._
15-230
TABLE OF CONTENTS
1.0 Introduction and Purpose...............................................................................
4
2.0 General Conditions and Regulations..............................................................
5
3.0 Land
Use and Development Regulations.......................................................
10
3.1
Golf Club..............................................................................................
10
A. Golf Course....................................................................................
10
B. Golf Clubhouse and Ancillary Uses ................................................
10
1. Building Area.............................................................................
10
2. Building Height..........................................................................
10
3. Permitted Ancillary Uses...........................................................
10
4. Parking......................................................................................
11
5. Fencing.....................................................................................
11
3.2
Tennis Club..........................................................................................
11
A. Tennis Courts.................................................................................
11
1. Number of Courts......................................................................
11
B. Tennis Clubhouse and Ancillary Uses ............................................
12
1. Building Area.............................................................................
12
2. Building Height..........................................................................
12
3. Permitted Ancillary Uses...........................................................
12
4. Parking......................................................................................
12
3.3
Thp �r Residential .......... ..............
12
1. NuFnbeF Of Detached Residential ...................................
13
2. Attached Residential .......................
14
14
The 6 Figalaws,Hotel................... ................... :........... ..... :................ ..
14
1. Number of Units Rooms...........................................................
14
2. Permitted Ancillary Uses...........................................................
14
3. Building Area.............................................................................
15
4. Building Height..........................................................................
15
5. Building Setbacks......................................................................
15
6. Parking......................................................................................
15
3.5
Signs....................................................................................................
15
A. Sign Allowance...............................................................................
15
B. Sign Standards...............................................................................
16
4.0 Site
Development Review..............................................................................
17
4.1
Purpose...............................................................................................
17
4.2
Application.............................................................
4.3
Findings...............................................................................................
17
4.4
Contents..............................................................................................
18
4.5
Public Hearing - Required Notice........................................................
18
4.6
Expiration and Revocation Site Plan Review Approvals ......................
19
2
15-231
4.7 Fees..................................................................................................... 19
4.8 Minor Changes by the Community Development Director ................... 19
LIST OF EXHIBITS
Exhibit Name Exhibit Number
VicinityAerial Map............................................................................................... A
Conceptual Master Site Plan............................................................................... B
LIST OF TABLES
Table Name
Page
The Villas Development Standards...................................................................... 13
K3
15-232
1.0 INTRODUCTION AND PURPOSE
The Newport Beach Country Club Planned Community District (the PCD) is composed
of the Golf Club, Tennis Club, Bungalows and Villas facilities, totaling approximately 4-33
140 acres. The PCD has been developed in accordance with the Newport Beach
General Plan and is consistent with the Local Coastal Land Use Plan.
The purpose of this PCD is to provide for the classification and development of
coordinated, cohesive, comprehensive planning project with limited mixed uses,
including the private Ggolf Gclub, -Ttennis Cclub, 27 short teFm FeRtal HRits 41-room
boutique hotel called the Bungalews with a spa/fitness area center and ancillary
uses, and 5 GeMi-GUStG Y' single „nit residential dwellings units called the VMas.
Whenever the regulations contained in the PCD Regulations conflict with the regulations
of the Newport Beach Municipal Code, the regulations contained in the PCD
Regulations shall take precedence. The Newport Beach Municipal Code shall regulate
all development within the PCD when such regulations are not provided within the PCD
Regulations.
EI
15-233
2.0 GENERAL CONDITIONS AND REGULATIONS
1. Alcoholic Beverage Consumption
The consumption of alcoholic beverages within the PCD shall be in compliance with the
State of California Department of Alcoholic Beverage Control and the Newport Beach
Municipal Code. A use permit shall be required if the establishment operates past 11:00
p.m. any day of the week and a minor use permit shall be required if the establishment
operates until 11:00 p.m. any day of the week.
2. Amplified Music
All amplified music played after 10:00 p.m. within the PC shall be confined within the
interior of a building unless a Special Events Permit is obtained.
3. Archaeological/Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K-5 and K-6
regarding archaeological and paleontological resources.
4. Architectural Design
All development shall be designed with high quality architectural standards and shall be
compatible with the surrounding uses. The development should be well -designed with
coordinated, cohesive architecture and exhibiting the highest level of architectural and
landscape quality in keeping with the PCD's prominent location in the Newport Center
Planning Area. Massing offsets, variation of roof lines, varied textures, openings,
recesses, and design accents on all building elevations shall be provided to enhance
the architectural style. Architectural treatments for all ancillary facilities (i.e. storage,
truck loading and unloading, and trash enclosures) shall be provided.
5. Building Codes
Construction shall comply with applicable provisions of the California Building Code and
the various other mechanical, electrical and plumbing codes related thereto as adopted
by the Newport Beach Municipal Code.
6. Exterior Storage Areas
There shall be no exterior storage areas permitted with the exception of the
greenskeeper/maintenance area which shall be enclosed by a minimum six-foot
plastered block wall.
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7. Flood Protection
Development of the subject property will be undertaken in accordance with the flood
protection policies of the City.
8. Grading and Erosion Control
Grading and erosion control measures shall be carried out in accordance with the
provisions of the Newport Beach Excavation and Grading Code and shall be subject to
permits issued by the Community Development Department.
9. Gross Floor Area
Gross floor area shall be defined as the total area of a building including the
surrounding exterior walls.
10. Height and Grade
The height of any structure within the PCD shall not exceed fifty (50) feet, unless
otherwise specified. The height of a structure shall be the vertical distance between the
highest point of the structure and the grade directly below. In determining the height of a
sloped roof, the measurement shall be the vertical distance between the grade and the
midpoint of the roof plane, provided that no part of the roof shall be extend more than
five (5) feet above the permitted height in the height limitation zone, and any
amendments shall be subject to the review and approval of the Community
Development Director
11. Landscaping/Irrigation
Landscaping and irrigation shall be provided in all areas not devoted to structures,
parking lots, driveways, walkways, and tennis courts to enhance the appearance of the
development, reduce heat and glare, control soil erosion, conserve water, screen
adjacent land uses, and preserve the integrity of PCD. Landscaping and irrigation shall
consist of a combination of trees, shrubs, groundcover and hardscape improvements.
Landscaping shall be prepared in accordance with the Landscaping Standards and
Water -Efficient Landscaping Sections of the Newport Beach Municipal Code and
installed in accordance with the approved landscape plans prepared by a licensed
landscape architect.
12. Lighting — Outdoor
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to
shield adjacent uses/properties and to not produce glare onto adjacent uses/properties.
Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the
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Newport Beach Municipal Code and shall be prepared by a licensed electrical
engineer. All lighting and lighting fixtures that are provided shall be maintained in
accordance with the approved lighting plans.
13. Lighting — Parking & Walkways
All lighting and lighting fixtures that are provided shall be maintained in accordance with
the approved lighting plans. Light standards within parking lots shall be the minimum
height required to effectively illuminate the parking area and eliminate spillover of light
and glare onto adjoining uses/properties and roadways.
Parking lots and walkways accessing buildings shall be illuminated with a minimum of
0.5 foot-candle average on the driving or walking surface during the hours of operation
and one hour thereafter. Lighting plans shall be prepared in compliance with the
Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared
by a licensed electrical engineer.
If the applicant wishes to deviate from this lighting standard, a lighting plan may be
prepared by the applicant and submitted to the Community Development Director for
review and approval.
14. Loading Areas for Non -Residential Uses
All loading and unloading of goods delivery shall be performed onsite. Loading
platforms and areas shall be screened from public view.
15. Parking Areas
Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping
areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of
the parking areas including striping, paving, wheel stops, walls, and light standards of
the parking lots shall be permanently maintained in good working condition. Access,
location, parking space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas Section of the Newport
Beach Municipal Code.
16. Property Owner Approval
Written property owner approval shall be required for the submittal of any site
development review application and/or prior to grading and/or building permit issuance.
17. Outdoor Paging
Outdoor paging shall be permitted at the Ggolf Gclub to call individuals to the tees and
at the Ttennis Gclub to call points during tennis tournaments.
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18. Sewage Disposal
Sewage disposal service facilities for the PCD will be provided by Orange County
Sanitation District No. 5 and shall be subject to applicable regulations, permits and fees
as prescribed by the Sanitation District.
19. Screening of Mechanical Equipments
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and
exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent land
uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be
architecturally treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or remodeled
building. The mechanical appurtenances shall be subject to sound rating in accordance
with the Exterior Noise Standards Section of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall be subject to the applicable height limit.
20. Screening of the Villas residential units from tennis courts
Adequate buffering between the Villas residential units and tennis courts shall be
provided and subject to the Site Development Review process. The exterior perimeter
of the tennis courts facing Granville Condominiums, Granville Drive, and the Ttennis
Gclubhouse parking lot shall be screened by a minimum ten -foot -high chain link fence
covered by a wind screen. Wind screen shall be maintained in good condition at all
time.
21. Screening of the Pool/Spa Equipment
All pool and/or spa equipment shall be enclosed by a minimum five-foot high block wall
plastered or otherwise textured to match the building.
22. Special Events
Temporary special community events, such as such as PGA Senior Classic golf
tournaments, Team Tennis, Davis Cup Matches, and other similar events, are permitted
in the PCD, and are subject to the Special Events Chapter of the Newport Beach
Municipal Code. Temporary exterior storage associated with approved special events
may be permitted provided it is appropriately screened and regulated with an approved
Special Event Permit.
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23. Temporary Structures and Uses
Temporary structures and uses, including modular buildings for construction -related
activities are permitted.
24. Trash Container Storage for Residential Dwellings
Trash container storage shall be out of view from public places, and may not be located
in the required parking areas. If trash container storage areas cannot be located out of
public view, they shall be screened from public view. Screening shall consist of fences,
walls, and landscaping to a height at least 6 inches above the tops of the containers.
25. Trash Enclosures for Non -Residential Uses
All trash enclosures for non-residential uses shall be provided and in accordance with
the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal
Code.
26. Tennis Club Site Phasing Plan -
The phasing plan for the tennis club site which consists of the tennis club, "'i&
residential units and 136IRgalews hotel rooms shall be subject to a site development
review process.
27. Water Service
Water service to the PCD will be provided by the City of Newport Beach and will be
subject to applicable regulations, permits and fees as prescribed by the City.
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3.0 LAND USE AND DEVELOPMENT REGULATIONS
3.1 Golf Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the golf course and clubhouse.
A. Golf Course
An 18-hole championship golf course and related facilities (i.e. putting green,
driving range, snack bar, starter shack, restroom facilities, etc.).
B. Golf Clubhouse and Ancillary Uses
1. Building
The maximum allowable gross floor area for a golf clubhouse building
shall be 56,000 square feet, exclusive of any enclosed golf cart storage
areas ramp and washing area. The greens keeperlmaintenance buildings,
snack bar, separate golf course restroom facilities, starter shack, and
similar ancillary buildings are exempt from this development limit.
2. Building Height
The maximum allowable building height for the Golf Clubhouse shall be 50
feet and shall be measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulation of the PCD.
3, Permitted Ancillary Uses
The following ancillary uses are allowed:
• Golf shop
• Administrative Offices
• Dining, and event areas
• Kitchen & Bar areas
Banquet Rooms
• Men and Women's Card Rooms
• Health and fitness facility
• Restroom and Locker facilities
• Golf Club storage areas
• Employee lounge/lunch areas
• Meeting rooms
• Golf Cart Parking Storage and Washing Area
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• Separate Snack Bar
• Separate Starter Shack
• Separate Golf Course Restrooms
• Hand Carwash Area
• Greenskeeper Maintenance Facility
• Temporary Construction Facilities
• Guard House
• Others (subject to an approval of the Community Development
Director)
4. Parking
Parking for the Golf Course and Golf Clubhouse shall be in accordance
with following parking ratios (source: from Table 2 of the Circulation and
Parking Evaluation by Kimley-Horn and Associates, Inc., September 2009
for Newport Beach Country Club — Clubhouse Improvement Project):
Golf Course. 8 spaces per hole
Golf Clubhouse:
Dining, assembly & meeting rooms: 1 per 3 seats or 1 per 35
square feet
Administrative Office: 4 per 1,000 square feet
Pro Shop: 4 per 1,000 square feet
Maintenance Facility: 2 per 1,000 square feet
Health and Fitness Facility: 4 per 1,000 square feet
The design of the parking lot and orientation of vehicular aisles and
parking spaces shall be subject to the review and approval of the City
Traffic Engineer and Community Development Director.
5. Fencing
Golf Course perimeter fencing shall be wrought -iron with a maximum
permitted height of six (6) feet.
3.2 Tennis Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the tennis courts and clubhouse.
A. The Tennis Courts
1. Number of courts
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The maximum allowable tennis courts shall be seven eight lighted tennis
courts (s* seven lighted championship courts and one lighted stadium -
center court).
B. Tennis Clubhouse and Ancillary Uses
1. Building Area
The maximum allowable gross floor area for the Tennis Clubhouse shall
be 3,725 square feet.
2. Building Height
The maximum allowable building height for the Tennis Clubhouse shall be
30 feet and shall be measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulations of the PCD.
3. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Tennis Shop
• Administrative Offices
• Concessions
• Restroom and Locker facilities
• Storage areas
• Spectator seating
• Others (subject to an approval of the Community Development
Director)
4. Parkinq
Parking for the Tennis Clubhouse and Courts shall be a minimum of 2-8 32
parking spaces.
3.3. Tt's Residential
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of theylas units.
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A. Detached Residential (The Villas)
1. Number of Units
The maximum allowable number of single-family residential units shall be
five-(5} two (2).
2. Development Standards
The following development standards shall apply to the Villas:
The Villas Development Standards Table
Villa
Villa A
Villa B
Designation
TTM Lot #1
TTM Lot #2
Lot Size
5,000 square feet minimum
Lot Coverage
70%
66%
(Maximum)
39 feet, measured in accordance with the
Building Height
Height and Grade definition of Section
2.0 General Conditions and Regulations
Building Side
3 feet minimum
Yard Setbacks
Building Front
and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking
Space for Each
2
2
Unit
Open Guest
One space - could be located on the
Parking Space for
private driveway — No overhang to the
Each Unit
private street/cul-de-sac is allowed
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B. Attached Residential
1. Number of Units
The maximum allowable number of attached residential units shall
be three (3).
2. Buildinq Setbacks
The building setback shall be a minimum of five (5) feet from any
property line.
3. Building Height
The maximum allowable building height for attached residential units
to be located atop of the 2-story hotel buildings shall be 46 feet,
measured in accordance with the Height and Grade definition of
Section 2.0 General Conditions and Regulations.
4. Parkinq
Parking for the attached residential units shall be a minimum of 3
enclosed parking spaces and one guest parking space per unit.
3.4. The 13unqalows Hotel
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the bungalows, concierge and guest center, and spa facility.
1. Number of Units Rooms
The maximum allowable number of the Bungalows rooms shall be 2-7 41, to be
built in a clustered setting of single and two-story buildings.
2. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Administrative Offices
• Concierge office and guest meeting facility
• Performance Therapy Center
• Spa and Fitness Center
• Swimming pool and Jacuzzi
m in^drinks, SRaGks light hrca;lrfac} ;nrl Inr h i}omc
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• Yoga Pavilion
3. Building Area
The maximum allowable gross floor area for the bungalows hotel rooms shall be
2999 47,484 square feet with a 2,200 square foot concierge & guest center,
4,686 square feet of ancillary hotel uses, and a 7,500 square -foot spa facility.
4. Building Height
The maximum allowable building height for the bungalows hotel rooms shall be
31 feet, measured in accordance with the Height and Grade definition of Section
2.0 General Conditions and Regulations of the PCD.
5. Building Setbacks
The building setback requirement shall be a minimum of 5 feet from any
property line.
6. Parking
Parking for the meows hotel rooms shall be a minimum of 34 41 parking
spaces located in proximity to the use.
3.5 Signs
A. Sign Allowance
1. One (1) single or double-faced, ground -mounted entrance
identification sign shall be allowed at Newport Beach Tennis Club's
main entrance (Country Club Drive and Irvine Terrace). Total
maximum signage area shall not exceed seventy-five (75) square
feet and shall not exceed five (5) feet in height.
2. One (1) single or double-faced, ground -mounted entrance
identification sign shall be allowed at or near the vicinity of the
Newport Beach Country Club's secondary entrance (Granville).
Total maximum signage area shall not exceed seventy-five (75)
square feet and shall not exceed five (5) feet in height.
3. Building identification signs shall be allowed; one for each street
frontage. If freestanding, this sign type shall not exceed a maximum
height of five (5) feet in height. The maximum signage area shall
not exceed seventy (70) square feet.
4. Vehicular and pedestrian directional signs shall be allowed. This
sign type may occur as a single -faced or double-faced sign. The
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sign shall be sized to allow for proper readability given the number
of lines of copy, speed of traffic, setback off the road and viewing
distance. This sign type shall not exceed a maximum of six (6) feet
in height.
5. One (1) single or double faced, ground -mounted identification sign
shall be allowed at the entrance road to the Bungalows. Total
maximum signage area shall not exceed seventy-five (75) square
feet and shall not exceed five (5) feet in height and fifteen (15) feet
in length.
B. Sign Standards
1. The design and materials of all permanent signs in the Newport
Beach Country Club Planned Community District shall be in
accordance with Sign Section 3.5, unless otherwise approved by
the Community Development Director.
2. All permanent signs shall be subject to a sign permit issued by the
Community Development Department.
3. All signs shall be subject to the review of the City Traffic Engineer
to ensure adequate sight distance in accordance with the
provisions of the Newport Beach Municipal Code.
4. Sign illumination is permitted for all sign types. No sign shall be
constructed or installed to rotate, gyrate, blink or move, or create
the illusion of motion, in any fashion.
5. All permanent signs together with the entirety of their supports,
braces, guys, anchors, attachments and decor shall be properly
maintained, legible, functional and safe with regards to appearance,
structural integrity and electrical service.
6. Temporary signs that are visible from any public right-of-way shall
be allowed up to a maximum of sixty (60) days and subject to a
temporary sign permit issued by the Community Development
Department.
7. If the applicant wishes to deviate from the sign standards identified
herein, a comprehensive sign program may be prepared or a
modification permit application may be submitted for review and
consideration by the Zoning Administrator in accordance with the
applicable provisions of the Newport Beach Municipal Code.
W.
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4.0 SITE DEVELOPMENT REVIEW
4.1 Purpose
The purpose of the Site Development Review process is to ensure new
development proposals within the Newport Beach Country Club Planned
Community Development are consistent with the goals and policies of the
General Plan, provisions of this Planned Community Development Plan, the
Development Agreement and the findings set forth below in sub -section 4.3.
4.2 Application
An approval of Site Development Review application by the Planning
Commission shall be required for the construction of any new structure prior to
the issuance of a grading or building permit or issuance of an approval in concept
for Coastal Commission. Signs, tenant improvements to any existing buildings,
kiosks, and temporary structures are exempt from the site development review
process and subject to the applicable City's permits. The decision of Planning
Commission is the final, unless appealed in accordance with the Newport Beach
Municipal Code.
4.3. Findings
In addition to the general purposes set forth in sub -section 4.1 and in order to carry
out the purposes of this chapter as established by said section, the Site
Development Review procedures established by this Section shall be applied
according to and in compliance with the following findings:
The development shall be in compliance with all other provisions of the
Planned Community District Plan;
2. The development shall be compatible with the character of the
neighboring uses and surrounding sites and shall not be detrimental to the
orderly and harmonious development of the surroundings and of the City;
3. The development shall be sited and designed to maximize the aesthetic
quality of the project as viewed from surrounding roadways and
properties, with special consideration given to the mass and bulk of
buildings and the streetscape on Coast Highway; and
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4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development.
4.4. Contents
The Site Development Review application shall include all of the information and
materials specified by the Community Development Director and any additional
information review by the Planning Commission in order to conduct a thorough
review of the project in question. The following plans/exhibits may include, but
not limited to the following:
1. An aerial map showing the subject property, adjacent properties and
identifying their uses.
2. Comprehensive elevations and floor plans for new structures with
coordinated and complimentary architecture, design, materials and colors.
3. A parking and circulation plan showing golf cart and pedestrian paths in
addition to streets and fire lanes.
4. A comprehensive, cohesive and coordinated preliminary landscape plan.
5. A comprehensive, cohesive and coordinated lighting plan showing type,
location and color of all exterior lighting fixtures.
6. Comprehensive text and graphics describing the design philosophy for the
architecture, landscape architecture, material and textures, color palette,
lighting, and signage.
7. Text describing drainage and water quality mitigation measures.
8. A statement that the proposed new structure is consistent with the goals,
policies, and actions of the General Plan and Planned Community
Development Plan.
4.5 Public Hearing —Required Notice
A public hearing shall be held on all site development review applications. Notice
of such hearing shall be mailed not less than ten (10) days before the hearing
date, postage prepaid, using addresses from the last equalized assessment roll
or, alternatively, from such other records as contain more recent addresses, to
owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to
obtain and provide to the City the names and addresses of owners as required
by this Section. In addition to the mailed notice, such hearing shall be posted in
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not less than two (2) conspicuous places on or close to the property at least ten
(10) days prior to the hearing.
4.6 Expiration and Revocation Site Development Review Approvals
1. Expiration. Any site development review approved in accordance with the
terms of this planned community development plan shall expire within
twenty-four (24) months from the effective date of final approval as
specified in the Time Limits and Extensions Section of the Newport Beach
Municipal Code, unless at the time of approval the Planning Commission
has specified a different period of time or an extension is otherwise
granted.
2. Violation of Terms. Any site development review approved in accordance
with the terms of this planned community development plan may be
revoked if any of the conditions or terms of such site development review
are violated or if any law or ordinance is violated in connection therewith.
3. Public Hearing. The Planning Commission shall hold a public hearing on
any proposed revocation after giving written notice to the permittee at
least ten (10) days prior to the hearing, and shall submit its
recommendations to the City Council. The City Council shall act thereon
within sixty (60) days after receipt of the recommendation of the Planning
Commission.
4.7. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach
City Council to the City with each application for Site Development Review under
this planned community development plan.
4.8 Minor Changes by the Director
The following minor changes to an approved site plan may be approved
by the Director in compliance with Section 20.54.070 (Changes to an
approved project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reduction in the square footage of any structure and a
commensurate reduction in required parking, if applicable.
c) Reconfiguration of the golf clubhouse parking lot, including drive
aisles and/or parking spaces, subject to review and approval of the
City Traffic Engineer.
d) Reconfiguration of parking lot landscaping.
e) Modification of the approved architectural style.
f) Any other minor change to the site plan provided it does not
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15-248
increase any structure area, height, number of units, number of
hotel rooms, and/or change of use.
2. Any proposed changes that are not deemed minor shall be subject to
review and approval by the Planning Commission.
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15-249
Exhibit A
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15-250
Exhibit B
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15-251
Planning Commission Resolution No. PC2022-022
Paae 32 of 43
EXHIBIT "E"
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
15-252
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv 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.
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
GOLF REALTY FUND
CONCERNING PROPERTIES LOCATED AT TENNIS CLUB AT NEWPORT BEACH
WITHIN THE
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-253
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5)
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second
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 Second 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 Tennis Club at
Newport Beach 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" and incorporated herein by reference for a term of
ten (10) years.
C. On November 20, 2018, the City approved Coastal Development Permit No.
CD2017-039 to allow the demolition of the eighteen (18) existing tennis courts and construction
of the Tennis Club, Villas and Bungalows at the Tennis Property, however, the Agreement was
not amended or modified.
D. City and Property Owner entered into the First Amendment to Development
Agreement between the City of Newport Beach and Golf Realty Fund pursuant to Ordinance No.
2022-16 and recorded in the Official Records of Orange County on XX, XXXX, as document
("First Amendment"), attached hereto as Exhibit "D" and incorporated herein by reference.
E. The Parties now wish to enter into this Second Amendment to increase the number
of tennis courts from seven (7) to eight (8), increase the number of hotel rooms from twenty-seven
(27) to forty-one (41), increase the gross floor area of ancillary hotel uses by four thousand six
hundred eight -six (4,686) square feet, and construct three (3) attached condominium units and two
(2) single-family residences in lieu of five (5) single-family residences.
F. On September 8, 2022, the Planning Commission held the public hearing on the
Second 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. PC2022-022, recommending the City Council approve the Second Amendment.
15-254
G. On September 27, 2022, the City Council held a noticed public hearing on the
Second Amendment and considered the testimony and information submitted by City staff,
Property Owner, and members of the public. On October 13, 2022, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held the second
reading and adopted Ordinance No. 2022 approving the Second Amendment.
H. This Second 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); Coastal Land Use
Plan 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, and
amended in 2022 by Ordinance No. 2022 in order to establish appropriate zoning to regulate
land use and development of the Property consistent with the General Plan; and Newport Beach
Country Club Planned Community Development Plan No. PC2005-002 approved for the Property
on March 27, 2012 by Ordinance No. 2012-2 and amended on October 13, 2022 by Ordinance No.
2022-
I. In recognition of the significant public benefits that this Second Amendment
provides, the City Council finds that this Second Amendment: (i) is consistent with the City of
Newport Beach General Plan as of the date of its adoption; (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 poorer; (iv) is consistent and has been approved
consistent with the Addendum No. ND2022-001 to the previously adopted Mitigated Negative
Declaration No. ND2010-008 (SCH 2O10091052) and Errata to Mitigated Negative Declaration
No. ND2010-008 (together referred as "MND") for the Newport Beach Country Club Planned
Community District (PA2021-260 amending 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. Definitions. Section 1 of the Agreement is hereby amended to add or revise the
following definitions. Unless added or revised, all other definitions set forth in Section 1 of the
Agreement shall remain unchanged:
"Adopting Ordinance" shall mean City Council Ordinance No. 2022-` approving and
adopting this Second Amendment.
"Agreement" shall mean this Development Agreement, as the same may be amended from
time to time including, the First Amendment and Second Amendment.
`Agreement Date" shall mean October 13, 2022 which date is the date the City Council
adopted the Adopting Ordinance.
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"Development Plan" shall mean the Newport Beach Planned Community Development
Plan Amendment No. PC2021-001 adopted by Ordinance No. 2022- which amends Newport
Beach Planned Community Development Plan No. PC2005-002; Vesting Tentative Tract Map
Amendment No. NT2021-002 adopted by Resolution No. 2022- which amends Vesting
Tentative Tract Map No. NT2005-003; Site Development Review Amendment No. SD2021-004
adopted by Resolution No. 2022- which amends Site Development Review No. SD2011-002;
Limited Term Permit No. XP2022-007 adopted by Resolution No. 2022- which amends
Limited Term Permit No. XP2011-004; General Plan Amendment No. GP2021-004; Coastal
Development Permit No. CD2021-068 adopted by Resolution No. 2022- which amends
Coastal Development Permit No. CD2017-039; and Local Coastal Program Implementation Plan
Amendment No. LC2021-004 adopted by Ordinance No. 2022-
"Development Regulations" shall mean the following regulations as they are in effect as
of the Agreement Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted, approved,
or imposed after the Agreement Date that impairs or restricts Property Owner's rights set forth in
this agreement; unless such amendment or modification is expressly authorized by this Agreement
or is agreed to by Property Owner in writing: the General Plan, the Coastal Land Use Plan, the
Development Plan, the Local Coastal Program Implementation Plan; and, to the extent not
expressly superseded by the Development Plan or this Agreement, all other land use and
subdivision regulations governing the permitted uses, density and intensity of use, design,
improvement, and construction standards and specifications, procedures for obtaining required
City permits and approvals for development, and similar matters that may apply to development
of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of
the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions).
Title 20 of the Municipal Code (planning and zoning) and Title 21 of the Municipal Code (local
coastal program implementation plan), but specifically excluding all other sections of the
Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and
regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein,
does not include any City ordinance, resolution, code, rule, regulation or official policy governing
any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and
assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment
permits and the conveyance of rights and interests which provide for the use of or entry upon
public property; or (v) the exercise of the power of eminent domain.
"Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that
is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting
Ordinance, the Development Plan, or any of the Development Regulations approved on or before
the Agreement Date is timely qualified for the ballot and a referendum election is held concerning
the Adopting Ordinance or any of such Development Regulations, the date on which the
referendum is certified resulting in upholding and approving the Adopting Ordinance and the
Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the
Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or
before the Agreement Date, the date on which said challenge is finally resolved in favor of the
validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the
applicable Development Regulations, which such finality is achieved by a final non -appealable
judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an
involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date
3
15-256
occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and
recorded against the Property memorializing the Effective Date.
"'Project" shall mean all on -site and off -site improvements that Property Owner is
authorized and/or may be required to construct with respect to each parcel of the Property, as
provided in this Second Amendment and the Development Regulations, as amended by this
Second Amendment, and/or as the same may be modified or amended from time to time consistent
with this Second Amendment and applicable law.
2. Term of Agreement. Section 2.4 of the Agreement is hereby amended in its entirety
to read as follows:
The term of this Agreement ("Term") shall commence on the Effective Date of Second
Amendment and shall terminate on the "Termination Date.
Notwithstanding any other provision set forth in this Agreement to the contrary, if any
Party reasonably determines that the Effective Date of Second Amendment will not occur because
(i) the Adopting Ordinance of Second Amendment or any of the Development Regulations
approved on or before the Agreement Date of Second Amendment for the Project has/have been
disapproved by City's voters at a referendum election or (ii) a final non -appealable judgment is
entered in a judicial action challenging the validity or legality of the Adopting Ordinance of Second
Amendment, this Agreement, and/or any of the Development Regulations for the Project approved
on or before the Agreement Date of Second Amendment such that this Agreement and/or any of
such Development Regulations is/are invalid and unenforceable in whole or in such a substantial
part that the judgment substantially impairs such Party's rights or substantially increases its
obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion,
shall have the right to terminate this Agreement upon delivery of a written notice of termination
to the other Party, in which event neither Party shall have any further rights or obligations
hereunder except that Property Owner's indemnity obligations set forth in Article to shall remain
in full force and effect and shall be enforceable, and the Development Regulations applicable to
the Project and the Property only (but not those general Development Regulations applicable to
other properties in the City) shall be repealed by the City after delivery of said notice of termination
except for the Development Regulations that have been disapproved by City's voters at a
referendum election and, therefore, never took effect.
The Termination Date shall be the earliest of the following dates: (i) the tenth (loth)
anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in
accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or
65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance
with the terms of this Agreement, including Property Owner's complete satisfaction, performance,
and payment, as applicable, of all Development Exactions, the issuance of all required final
occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies)
of all required offers of dedication.
As used herein, the term "Lot Termination Date" for any separate legal lot within the
Property means the date on which all of the following conditions have been satisfied with respect
to said lot: (i) the lot has been finally subdivided and sold or leased (for a period longer than one
year), individually or in a "bulk" of four or fewer lots, to a member of the public or other ultimate
4
15-257
user; (ii) a final Certificate of Occupancy or -Release of Utilities" has been issued for the building
or buildings approved for construction on said lot
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.
3. Public Benefit Fee. Section 3.1 of the Agreement is hereby amended in its entirety
to read as follows:
As consideration for City's approval and performance of its obligations set forth in this
Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or
charge to which the Property and the Project would otherwise be subject (herein, the "Public
Benefit Fee") in the total sum of five hundred two thousand two hundred fifty dollars
($502,250.00) broken down as follows: (i) ninety-three thousand dollars and 00/100 ($93,000.00
per residential dwelling unit) for a sum of four hundred sixty-five thousand dollars and 00/100
($465,000.00) for the residential units; and (ii) ten dollars and 00/100 ($10.00) per square foot of
construction for the three thousand seven hundred twenty-five (3,725) square foot Tennis
Clubhouse for a sum of thirty-seven thousand two hundred fifty dollars ($37,250.00). with the
unpaid balance of said Public Benefit Fee increased on the first January 1 following the Effective
Date of this Agreement by the percentage increase in the CPI Index between the Effective Date
and said January l' date (the first "Adjustment Date") and thereafter with the unpaid balance of
said Public Benefit Fee increased on each subsequent January 1 during the Term of this Agreement
(each, an "Adjustment Date") by the percentage increase in the CPI Index in the year prior to the
applicable Adjustment Date. The amount of the percentage increase in the CPI index on the
applicable Adjustment Dates shall in each instance be calculated based on the then most recently
available CPI Index figures such that, for example, if the Effective Date of this Agreement falls on
July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of
the following year) is the CPI Index for November of the preceding year, the percentage increase
in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI
Index for November of the preceding year with the CPI Index for May of the preceding year (a 6-
month period). In no event, however, shall application of the CPI Index reduce the amount of the
Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable
Adjustment Date. Property Owner shall pay the Public Benefit Fee at the following time(s): (i) As
to the residential dwelling units, prior to the issuance of the first building permit for any residential
unit; and (ii) as to the tennis clubhouse, prior to the issuance of the first building permit.
Notwithstanding any other provision set forth in this Agreement to the contrary, during the Term
of this Agreement, City shall not increase the Public Benefit Fee except pursuant to the CPI Index
as stated in this Section 3.1. The Public Fee Benefit Fee shall be calculated based on the total
square feet of construction for the tennis clubhouse. Property Owner shall not be entitled to any
credit or offset to the Public Benefit Fee for any existing buildings or structures. Property Owner
acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to
pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of
this Agreement and is not severable from City's obligations and Property Owner's vesting rights
to be acquired hereunder, and that Property Owner expressly waives any constitutional, statutory,
or common law right it might have in the absence of this Agreement to protest or challenge the
payment of such fee on any ground whatsoever, including without limitation pursuant to the Fifth
15-258
and Fourteenth Amendments to the United States Constitution, California Constitution Article I
Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq. ), or
otherwise. In addition to any other remedy set forth in this Agreement for Property Owner's
default, if Property Owner shall fail to timely pay any portion of the Public Benefit Fee when due
City shall have the right to withhold issuance of any further building permits, occupancy permits,
or other development or building permits for the Development Plan.
4. Amendment or Cancellation of Agreement. Section 5 of the Agreement is hereby
amended in its entirety to read as follows
This Agreement may be amended or canceled in whole or in part only by mutual written
and executed consent of the Parties in compliance with California Government Code Section
65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City
in the event of an uncured default of Property Owner.
5. Procedure. Section 7.3 of the Agreement is hereby amended in its entirety to read
as follows:
The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the
basis of substantial evidence, whether or not Property Owner has, for the period under review,
complied with the terms of this Agreement. If the Zoning Administrator finds that Property Owner
has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the
basis of substantial evidence, that Property Owner has not so complied, written notice shall be sent
to Property Owner by first class mail of the Zoning Administrator's finding of non-compliance,
and Property Owner shall be given at least ten (10) calendar days to cure any noncompliance that
relates to the payment of money and thirty (30) calendar days to cure any other type of
noncompliance. If a cure not relating to the payment of money cannot be completed within thirty
(30) calendar days for reasons which are beyond the control of Property Owner, Property Owner
must commence the cure within such thirty (30) calendar days and diligently pursue such cure to
completion. If Property Owner fails to cure such noncompliance within the time(s) set forth
above, such failure shall be considered to be a Default and City shall be entitled to exercise the
remedies set forth in Article 8 below.
6. General Provisions. Section 8.1 of the Agreement is hereby amended in its entirety
to read as follows:
In the event of any material default, breach, or violation of the terms of this Agreement
("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default")
to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and
a reasonable manner and sufficient period of time (twenty (20) calendar days if the Default relates
to the failure to timely make a monetary payment due hereunder and not less than thirty (30)
calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure
Period'). During the Cure Period, the Party charged shall not be considered in Default for the
purposes of termination of this Agreement or institution of legal proceedings. if the alleged
Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist.
If a non -monetary Default cannot be cured during the Cure Period with the exercise of
commercially reasonable diligence, the defaulting Party must promptly commence to cure as
quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice
of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the
on
15-259
foregoing, the City is not required to give Property Owner notice of default and may immediately
pursue remedies for a Property Owner Default that result in an immediate threat to public health,
safety or welfare.
7. Full Force and Effect. Except as modified by this Second Amendment, the entire
Agreement, First Amendment its exhibits, and the exhibits attached hereto, are incorporated
herein to this Second Amendment and shall remain in full force and effect.
Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
9. Recordation. The City Clerk shall record this Second Amendment in the Office
of the County Recorder of the County of Orange within the period required by California
Government Code Section 65858.5 and Section 15.45.100 of the NBMC.
[SIGNATURES ON NEXT PAGE]
15-260
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
In
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Kevin Muldoon, Mayor
Attachments: Exhibit A — Legal Description of Property
Exhibit B — Depiction of Property
Exhibit C — Development Agreement Recorded January 29, 2014
Exhibit D — First Amendment to Development Agreement
8
15-261
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of 4 SS.
On 120 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
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } 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
0
(seal)
15-262
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCELS A, B, C. AND D OF PARCEL MAP 2016-151, LOCATED IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN
BOOK 402 PAGES 24 THROUGH 32 INCLUSIVE OF PARCEL MAPS, RECORDS OF
SAID COUNTY.
ME
15-263
EXHIBIT B
DEPICTION OF PROPERTY
13 HOTFL UNifS ,{ / ••� - EXISTING TENNIS COURTS
1 / i FalnxaY�otta rC r , -� y \ /
• ( -4 `zt •
r %
I SINGLE�"'�
HOME
FAMILY.'UT
f, \ 2
1SINGLc -�- l•� -
'FAMILY TT •-�••• ` /
HOME f- I II ��!" .�7"
PARKING LOT' /•
%VIII�!
Uu17jG6�.L �UN17-ACC� OENTER r.CLIRT.r
a `614jgalow - CrN1Tmb
\.. � Caaaiiiiaaaaaa PaJJ a}b �\. � �
... .. I HOTFC\\
i�1NR l - - Q H�,TEL lll���NNN���TS ` `� TENNIS CLUBHOUSE
F ncho Valmoia 1 ' i .2 C�00 r� FITNESS CEN7Ep
Bun9 ow s r r.• �}1. \ f SPA /
- r } •; T
7.
I HOTE I % ,�\ J�I`HOTEL
/ NIT _ 14
/ HOTEL T11�NrT i/, J r; `
RI /
UNIYT
>> ', `�"`"l° ial°rcta d POC1lJ4AEA' /
RaPvho2.
}1NIT _ I HOT
V.E(�
aneho V neia 1 �{7NIT 4 '•° ,.�
�4n9apila.Sun,c-4.,T
I II7cL Z
y`/+�3 HOTE t UNIT
_ /v J UNI 1 FLdn�Sa,Yalanc'��' � -
\� 17 }TO •Cagurnx,M �fa�e4 ;A1 5CONCIERGE �ud�alo '�, PARKING LOT,•
13lIhGnga .�, 7'!,[ � ^,TALLS
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15-264
EXHIBIT C
DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND
GOLF REALTY FUND RECORDED JANUARY 29, 2014
Available separately due to bulk at:
newortbeachea. ov' overnment/de artment5,'community-develo mend tannin -
div ision/development-ap,reements
C-1
15-265
EXHIBIT D
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF
NEWPORT BEACH AND GOLF REALTY FUND
!M
15-266
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 TENNIS CLUB AT NEWPORT BEACH
WITHIN THE
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-267
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 Tennis Club at
Newport Beach 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 the
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 and updating certain provisions.
E. On May 12, 2022, the Planning Commission opened the noticed public hearing on
this First Amendment and continued the item to May 26, 2022.
F. On May 26, 2022, the Planning Commission held the 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.
15-268
G. On June 28, 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 July 12, 2022, consistent with applicable provisions of
the Development Agreement Statute and Ordinance, the City Council held the 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); Coastal
Land Use Plan 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 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. The City Council finds 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 Mitigated Negative Declaration No.
ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative Declaration No_ ND2010-
008 (together referred as "MND") 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 "Tenn") 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:
15-269
"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 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 O'Hill
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 Agreement shall be deemed to be delivered
upon the earlier of. (i) the date received or (iii) three business days
after deposit in the mail as provided above."
3
15-270
4. Full Force and Effect. Except as modified by this 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.
Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
6. Recordation. The City Clerk shall record this First Amendment in the Office of
the County Recorder of the County of Orange within the period required by California
Government Code Section 65858.5 and Section 15.45.100 of the NBMC.
[SIGNATURES ON NEXT PAGEI
4
15-271
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
Kevin Muldoon, Mayor
ATTEST:
Leilani 1. 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
15-272
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of ) 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) istare 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
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )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 helshe/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
51
(seal)
15-273
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel I and Parcel 2 of Parcel Map 44-102, 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.
A- l
15-274
THE PILL
EXHIBIT B
DEPICTION OF PROPERTY
IS CLUB
,'
B-1
MASTER PLAN
• THE TENNIS CLUB
1 new stadium court
Tennis Clubhouse
• THE VILLAS
5 single family homes
• THE BUNGALOWS
- 27 guest rental units
• THE GOLF CLUB
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EXHIBIT "F"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The project shall be in substantial conformance with the approved site plan, floor plans and
building elevations stamped and dated with the date of this approval (except as modified
by applicable conditions of approval).
2. The project is subject to compliance with all applicable submittals approved by the City
of Newport Beach ("City") and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. Nolkithstanding the legislative actions (ie. General Plan Amendment, Planned Community
Development Plan, and Local Coastal Program Amendment) activities reviewed under
Planning Activity No. PA2021-260 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54,060 of the Newport Beach Municipal Code,
unless an extension is otherwise granted by the City for a period of time provided for in the
Development Agreement pursuant to the provisions of California Government Code
Section 66452.6(a).
4. The Vesting Tentative Tract Map Amendment, as reviewed under Planning Activity No.
PA2021-260, shall expire in accordance with the Subdivision Code, unless an extension
is otherwise granted consistent with the Subdivision Code and Subdivision Map Act. The
expiration date shall be extended for the unexpired term of the Second Amendment to
Development Agreement between City of Newport Beach and Golf Realty Fund.
5. The project shall consist of the followings:
a. Tennis Club: A 3,725 square -foot tennis clubhouse and eight (8) tennis courts,-
b. Hotel.- Forty-one (41) hotel rooms of
concierge and guest meeting facility, a
4,686 square feet of ancillary uses; and
47,484 square feet, a 2,200 square -foot
7,500 square -foot spa/fitness center, and
c. Residential: two (2) single-family units and three (3) condominium units
6. Pickleball courts shall not be permitted after the issuance of a Certificate of Occupancy for
the Tennis Clubhouse and Spa and Fitness Center unless the property owner and/or
Pickleball facility operator follows any and all City of Newport Beach General Plan,
Municipal Code, or other applicable requirements in order to continue the use of Pickleball
courts.
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7. The project shall be subject to all applicable development standards prescribed in
Planned Community Development Plan Amendment, as reviewed under Planning
Activity No. PA2021-260, for the Tennis Club site, such as but not limited to, building
height, building setbacks, parking, lighting, sign standards, etc.
8. Upon the effective date of Local Coastal Program Implementation Plan Amendment, as
reviewed under Planning Activity No. PA2021-260, Site Development Permit No.
SD2011-002, Limited Term Permit No. XP2011-004, and Vesting Tentative Map No.
NT2005-003, approved for the Approved Project, shall be deemed of no further force.
9. The temporary modular building to accommodate on -going tennis club operation during
the construction of new tennis clubhouse shall be located on the existing tennis courts,
shall not interfere with the construction activities or parking, and shall be removed from
the project site upon completion/occupancy of the new clubhouse.
10. Prior to the issuance of a buildinq permiL the applicant shall pay all applicable
development fees (i.e. school, park in -lieu, transportation corridor agency), unless
otherwise addressed separately in the Development Agreement.
11. Prior to recordation of the Final Tract Map and the issuance of building permits the Final
Tract Map shall be signed by all of the current record owners of the property, which
presently include: (1) Elliot Feuerstein as Managing Member of Mesa Shopping Center -
West LLC; (2) Elliot Feuerstein as Managing Member of Mesa Shopping Center -East
LLC; (3) Irving Chase as General Partner of Fainbarg 11l L.P.; and (4) Robert O Hill as
Executive Director of Golf Realty Fund LP.
12. Any substantial change to the approved plans, shall require an amendment to all non -
legislative activities reviewed under Planning Activity No. PA2021-260, or the
processing of new permits.
13. This Site Development Review, Coastal Development Permit, and Limited Term Permit
may be modified or revoked by the City Council or Planning Commission should they
determine that the proposed development, uses, and/or conditions under which it is
being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
14. A copy of the Resolution, including conditions of approval Exhibit "F" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
15. Prior to the issuance of a building permit, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Site Development Review and shall
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highlight the approved elements such that they are readily discernible from other
elements of the plans.
16. Prior to the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division.
17. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
18. Prior to the final of issuance of a certificate of occui2ancy, the applicant shall schedule
an inspection by the Planning Division to confirm that all landscaping was installed in
accordance with the approved plan.
19. Prior to the issuance of a building permit, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are I" or less at all property lines.
20. Lighting shall be in compliance with applicable standards of Planned Community
Development Plan Amendment, as reviewed under Planning Activity No. PA2021-260
and Section 20.30.070 of the Newport Beach Municipal Code. Exterior on -site lighting
shall be shielded and confined within site boundaries. No direct rays or glare are
permitted to shine onto public streets or adjacent sites or create a public nuisance.
"Walpak" and up -lighting type fixtures are not permitted. Parking area lighting shall have
zero cut-off fixtures.
21. The entire project shall not be excessively illuminated based on the outdoor lighting
standards contained within Section 20.30.070 of the Newport Beach Municipal Code,
or, if in the opinion of the Community Development Director, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
22. Prior to the final of issuance of a certificate of occupancy or final of building permits for
each component of the proiect i.e. residential hotel or tennis club the applicant shall
schedule an evening inspection by the Code Enforcement Division to confirm control of
all lighting sources.
23. Prior to the issuance of a building_ permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. All noise generated by the proposed use shall comply with the provisions of Chapter
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10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:00PM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50clBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
6OdBA
45dBA
50cIBA
Commercial Property
NIA
65dBA
NIA
60clBA
25. The construction and equipment staging area for each phase of the project shall be
located in the least visually prominent area on the site and shall be properly maintained
and/or screened to minimize potential unsightly conditions.
26. A screen and security fence that is a minimum of six feet high shall be placed around
the construction site during construction for each phase of the project.
27. Construction equipment and materials shall be properly stored on the site when not in
use for each phase of the project.
28. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
29. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6.30 p.m., Monday through Friday,
and 8.00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are
not allowed on Sundays or Holidays.
30. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development.
31. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on -site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
32. All proposed signs shall be in conformance with the provision of the Planned Community
Development Plan Amendment, as reviewed under Planning Activity No. PA2021-260, and
Chapter 20.42 of the Newport Beach Municipal Code and shall be reviewed and approved
by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.
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33. The final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110-L to ensure that adequate vehicular sight distance is
provided.
34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of The Tennis at Newport Beach Project Amendment including, but not limited
to, General Plan Amendment, Local Coastal Land Use Plan Amendment, Planned
Community Development Plan Amendment, Amendment to Major Site
Development Review No. SD2011-002, Amendment to Coastal Development
Permit No. CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005-
003, Amendment to Limited Term Permit No. XP2011-004, & Second Amendment
to Development Agreement No. DA2008-001 (PA2021-260). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department
35. An automatic fire sprinkler system shall be required for the residential and hotel
components of the project.
36. A fire alarm system shall be required for the hotel component of the project.
37. A Fire Master Plan shall be submitted to the Fire Prevention Division for approval. The
plan shall include information on the following (but not limited to) subjects: fire
department vehicle access to the project site, secondary emergency vehicle access,
firefighter access (hose pull) around structures, fire lane identification, location of fire
hydrants and other fire department appliances, and the location and type of gates or
barriers that restrict ingress/egress.
38. All portions of the perimeter of all structures shall be located within 150' of a fire lane as
measured along an approved route. A portion of the proposed structure exceeding this
distance is considered "out of access" and shall be corrected during plan check review
by one of the following methods:
a. Provide additional fire lanes to bring the entire structure "in access", or
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b. Propose an alternate form of mitigation via the Alternate Methods and Materials
provisions of the fire code for the Fire Marshal's review. There is no guarantee
that the Alternate Methods and Materials proposal will be approved as proposed.
39. Fire department access roads shall comply with Newport Beach Fire Guidelines C.01
and C.02.
40. Approved fire apparatus access roads shall be provided for every facility, building or
portion of a building hereafter constructed or moved into or within the jurisdiction. The
fire apparatus access road shall comply with the requirements of this section and shall
extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
41. An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to the premises. Fire -flow requirements for buildings or portions of
buildings and facilities shall be determined by Appendix B of the 2019 California Fire
Code.
42. Fire hydrants shall be spaced along fire department access roads in compliance with
the 2019 California Fire Code Appendix C.
43. Where a portion of the facility or building hereafter constructed or moved into or within
the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on -site fire
hydrants and mains shall be provided.
44. Additional facilities or changes to the current facilities shall require submitted plans to
the Newport Beach Fire Prevention Division for all changes, additions and modifications
to existing or new fire protection systems.
45. The use or storage of portable propane heaters shall be prohibited. Heaters for future
outdoor areas shall be fixed and plumbed with natural gas.
46. All fire hydrants and fire access road shall be installed and approved by the Fire
Department prior to the delivery of combustible material on site.
Building Division
47. Pursuant to CBC Chapter 1, Division 1.9, all temporary construction trailers, modular office
buildings, and safe pedestrian passageways around the construction sites shall be
disabled accessible.
48. All temporary modular office buildings shall be approved by the State of California for the
proposed use.
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49. Foundations for temporary construction trailers and modular office buildings shall be
designed to provide anchorage for these structures against seismic and wind loads; and
provided with temporary utility connections.
50. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
51. The applicant shall employ the following best available control measures ("BACMs") to
reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off -Site Impacts
• Encourage car-pooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent (10%) soil moisture content
in the top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
52. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction
Activities shall be prepared, submitted to the State Water Quality Control Board for
approval and made part of the construction program. The project applicant will provide
the City with a copy of the NOI and their application check as proof of filing with the State
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Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the project's impact on water quality.
53. Prior to the issuance of a grading permit, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur, and must
show amount of stormwater retained prior to going into the proprietary filtration system.
54. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
55. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all
necessary pertinent information and details such as easement limits and descriptions;
annotated lot lines, centerlines, and boundary lines; signature certificates; curve and line
tables; etc.
56. The Final Tract Map shall be prepared on the California coordinate system (NAD88).
Prior to Map recordation, 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 the Orange County Subdivision Code and Orange County
Subdivision Manual. The Final Tract Map to be submitted to the City of Newport
Beach shall comply with the City"s CADD Standards. Scanned images will not be
accepted.
57. Prior to recordation, the Final Map boundary shall be tied onto 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 City Engineer. Monuments shall be
protected in place if installed prior to completion of construction project.
58. A hydrology and hydraulic study and a master plan of water, sewer and storm drain
facilities for the on -site improvements shall be prepared by the applicant and approved
by the Public Works Department prior to Final Tract Map recordation.
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59. Easements for public emergency and security ingress/egress, weekly refuse service,
and public utility purposes on all private streets shall be dedicated to the City.
60. No structures shall be constructed within the limits of any utility easements.
61. All easements shall be recorded as a part of the Final Tract Map.
62. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
63. Construction surety in a form acceptable to the City, guaranteeing the completion of the
various required public improvements, shall be submitted to the Public Works
Department prior to the City approval of the Final Tract Map.
64. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All plan sheets shall be sealed and signed by the California
licensed professionals responsible for the designs shown on the Plans.
65. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings.
66. All storm drains and sanitary sewer mains shall be installed with MacWrap.
67. All runoff discharges shall comply with the City's water quality and on -site non -storm
runoff retention requirements.
68. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway
pavement, traffic detector loops, traffic signal devices, and street trees shall be installed
along the development's Coast Highway frontage.
69. Public improvements may be required along the development's Granville Drive frontage
upon building permit plan check submittal.
70. All on -site drainage, sanitary sewer, water and electrical systems shall be privately
owned, operated, and maintained. The water system shall be owned operate and
maintained by the City.
71. All curb return radii shall be 5-feet (5) minimum.
72. Each detached residential dwelling unit or bungalow building shall be served with an
individual water service and sewer lateral connection.
73. All overhead utilities serving the entire proposed development shall be made
underground.
74. ADA compliant curb ramps shall be installed within the interior parking area.
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75. The intersection of the public streets, internal roadways, and drive aisle shall be
designed to provide adequate sight distance per City of Newport Beach Standard
Drawing Standard105. Slopes, landscaping, walls, signs, and other obstructions shall
be considered in the sight distance requirements. Landscaping within the sight lines
(sight cone) shall not exceed 24-inches in height and the monument identification sign
must be located outside the line of sight cone. The sight distance may be modified at
non -critical locations, subject to approval by the Traffic Engineer.
76. Any damage to public improvements within the public right-of-way attributable to on- site
development may require additional reconstruction within the public right-of-way at the
discretion of the Public Works Inspector.
77. The parking lot and vehicular circulation system shall be subject to further review and
approval by the City Traffic Engineer. Parking layout shall be per City Standard 805.
Parking layout shall be full dimensioned. On -street parking spaces shall be 8 feet wide
by 22 feet long. Drive aisles to parking areas shall be 26 feet wide minimum. The one-
way drive aisle adjacent to the hotel's concierge office and guest meeting building shall
be 14 feet wide minimum with no parking, otherwise the drive aisle shall be widened to
accommodate parking.
78. Cul-de-sacs shall comply with City Standards 102 and 103 and shall have a minimum
diameter of 80 feet curb to curb.
79. County Sanitation District fees shall be paid prior to the issuance of any building permits.
80. Prior to the issuance of a building permit, a sewer and water demand study shall be
submitted for review by the Public Works and Utilities Department.
81. Prior to the commencement of demolition and grading of the project, the applicant shall
submit a construction management plan (CMP) to be reviewed and approved by the
Community Development Director, City Eire Marshal, and City Traffic Engineer. The plan
shall include discussion of project phasing, parking arrangements during construction,
anticipated haul routes and construction mitigation. Upon approval of the CMP, the
applicant shall be responsible for implementing and complying with the stipulations set
forth in the approved CMP.
82. Prior to the issuance of a building permit, a sewer system management plan shall be
submitted for review and approval by the Public Works and Utilities Department.
83. Prior to the issuance of a building permit, various water and sewer easement for City
mains located on the adjacent properties shall be obtained and conveyed to the City.
84. A storm drain easement on behalf of the project shall be obtained from the adjacent
property owner prior to issuance of a building permit. Provide documentation of said
easement.
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85. The City sewer manhole located within 1600 East Coast Highway shall be relocated to
an area outside of the landscape and parking stalls. The manhole location shall be
accessible at all time. A new sewer easement shall be provided for the sewer manhole
and sewer main within the 1600 East Coast Highway property.
86. The public sewer connection to the OCSD main shall utilize the existing OCSD manhole
located within East Coast Highway unless otherwise approved by OCSD and the City.
Final design shall be approved by OCSD and the City.
87. The existing private sewer main from the proposed point of connection to the City's
manhole located near East Coast Highway shall be video inspected and any damage
repaired prior.
88. Utility easements shall be provided for all City water meters, fire hydrants, valves and
back flow devices.
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