HomeMy WebLinkAbout2023-18 - Approving an Amendment to the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260)ORDINANCE NO. 2023-18
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 AND PICKLEBALL 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, on March 27, 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 -unit 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, on June 28, 2022, the City Council approved a one year extension
of Development Agreement No. DA2008-001 which expired on September 23, 20237
WHEREAS, on November 2, 2021, the Applicant submitted an application to
amend the Approved Project to include one additional tennis court for a total of eight
courts, 14 additional hotel rooms for a total of 41 rooms, additional ancillary hotel uses,
and three attached condominium units and two detached single -unit residences in -lieu of
five detached single -unit residences ("2021 Project Application");
WHEREAS, on September 8, 2022, the Planning Commission held a public
hearing and recommended approval of the 2021 Project Application to the City Council;
Ordinance No. 2023-18
Page 2 of 7
WHEREAS, on September 27, 2022, the City Council held a public hearing on
the 2021 Project Application but remanded the project to the Planning Commission for
further consideration of the pickleball use;
WHEREAS, on October 11, 2022, the City Council adopted a motion to
reconsider the 2021 Project Application,
WHEREAS, on October 25, 2022, the City Council reconsidered the 2021
Project Application but City Council continued the item to a future meeting after the
Planning Commission considered an amendment to the project that includes pickleball
courts;
WHEREAS, the Property currently has 31 pickleball courts and 16 tennis courts,
which will remain as an interim use until the Project (defined below) is fully
implemented;
WHEREAS, on December 6, 2022, the Applicant submitted a revised application
to the Approved Project to decrease the number of future tennis courts from seven to
four tennis courts, add 14 pickleball courts, increase the number of future hotel rooms
from 27 to 41 rooms, increase the gross floor area of ancillary hotel uses by 4,686
square feet, for a total of 14,386 square feet, provide three attached condominium units
and two single -unit residences in -lieu of five single -unit residences, and approve a
development agreement for a term of 10 years ("Project");
WHEREAS, the following land use approvals are requested or required for 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 and assignment
of five residential units authorized by City Council Resolution No. 2012-10, the
addition of 14 hotel rooms for a total of 41 rooms, the reduction from seven
tennis courts to four tennis courts, and the addition of 14 pickleball courts;
• Local Coastal Program Amendment ("LCPA") — An amendment to Newport
Beach Country Club (PC-47) Planned Community Coastal Zoning District
Development Standards set forth in Section 21.26.055(S)(2) of the Newport
Beach Municipal Code ("NBMC") to modify the permitted uses and
development standards allowed on the Property;
Ordinance No. 2023-18
Page 3 of 7
• 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;
• Development Agreement ("DA") — A new development agreement 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 develop the Project for a term of 10 years and
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;
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 Zoning District;
WHEREAS, the Planning Commission held a public hearing on March 23, 2023,
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), 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.
PC2023-014 (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the
City Council; and
Ordinance No. 2023-18
Page 4 of 7
WHEREAS, the City Council held a public hearing on November 14, 2023, 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), 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 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 the Planning
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 20.56 (Planning and Zoning,
Planned Community District Procedures), nor Chapter 20.66 (Planning and Zoning,
Amendments) 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 and
Pickleball 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:
a. 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 Project includes tennis courts
and pickleball courts that are ancillary to the club and consistent with the
intended recreational uses allowed at the Property. The proposed changes to the
building height, setbacks, and parking standards to accommodate the Project are
within the development standards in place for the Approved Project.
Ordinance No. 2023-18
Page 5 of 7
b. 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.
C. 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 to be 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.
Section 3: The City Council hereby approves the Newport Beach Country Club
Planned Community Development Plan Amendment, as set forth in Exhibit "A," 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 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. The Applicant shall indemnify, defend, and
hold the City of Newport Beach harmless against any judicial challenges to the City's
approval of the Planned Community Development Plan Amendment provided herein.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2023-18
Page 6 of 7
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.
Section 7: 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 reduction of three tennis courts and addition of 14 pickleball courts,
14 hotel rooms, and 4,686 square feet of ancillary hotel uses, and conversion of three
single -unit 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. 2023- thereby
adopting an addendum to the previously adopted MND. Resolution 2023- including
all findings contained therein, is hereby incorporated by reference.
Section 8: This ordinance shall become effective only after the approval of the
Local Coastal Program Amendment No. PA2021-260 by the California Coastal
Commission.
Section 9: 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.
Ordinance No. 2023-18
Page 7of7
Section 10: 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 14t" day of November, 2023, and adopted on the 28t" day
of November, 2023, by the following vote, to -wit:
AYES: Mayor Blom Councilmember Avery Councilmember Grant,
Councilmember Stapleton Councilmember Weigand
NAYS: Mayor Pro Tern O'Neill
RECUSED: Councilmember Kleiman
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AA ON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Newport Beach Country Club Planned Community
Development Plan Amendment
Exhibit A
Newport Beach Country Club Planned
Community Development Plan Amendment
Newport Beach Country Club
Planned Community Development Plan
Adoption: March 27, 2012, Ordinance No. 2012-2
Amendment: , 2023, Ordinance No._
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 and Pickleball Club................................................................... 11
A. Tennis and Pickleball Courts.......................................................... 11
1. Number of Courts...................................................................... 11
B. Tennis and Pickleball Clubhouse and Ancillary Uses ..................... 12
1. Building Area............................................................................. 12
2. Building Height.......................................................................... 12
3. Permitted Ancillary Uses........................................................... 12
4. Parking...................................................................................... 12
3.3 The Villas Residential......................................................................... 12
1 Number of 1 Detached Residential ..................................... 13
2 Deyelnnmon+ StaR Ards Attached Residential .......................... 14
3.4 The B ,Rgal,,ws Hotel........................................................................... 14
1. Number of WRits Rooms............................................................ 14
2. Permitted Ancillary Uses........................................................... 14
3. Building Area............................................................................. 14
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
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 Residential Development Standards ................................................... 13
3
1.0 INTRODUCTION AND PURPOSE
The Newport Beach Country Club Planned Community District (the PCD) is composed
of the Golf Club, Tennis and Pickleball Club, BURgalews hotel and Villas faGilit
detached and attached residences, totaling approximately 433 140 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 Golf Club, Tennis and Pickleball Club, 2-7 snertrtanm Fantal WR�its
41-room boutique hotel Galled the BURgalews with a spa/fitness aFea center and
ancillary uses, and 5 serr —GUSte ,, oiRglo_i snit residential dwelling-s units Galled the
ems.
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.
C!
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
green skeeper/mai ntenance area which shall be enclosed by a minimum six-foot
plastered block wall.
5
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
L
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 Golf Club to call individuals to the tees and at
the Tennis and Pickleball Club to call points during tennis and pickleball tournaments.
7
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 and Pickleball Courts
Adequate buffering between the VillaS residential units and tennis courts and pickleball
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 Tennis and Pickleball Clubhouse 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. Additionally, adequate sound barriers shall be
installed around the tennis and pickleball courts to the satisfaction of the Community
Development Director.
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, pickleball tournaments 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.
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 and Pickleball Club Site Phasing Plan
The phasing plan for the tennis club site which consists of the Jennis and Pickleball
sClub, alas residential units and 19YRgalews 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.
9
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. Buildina 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
10
• 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. Parkin
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 and Pickleball Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the tennis and pickleball courts and clubhouse.
A. The Tennis and Pickleball Courts
1. Number of courts
11
The maximum allowable tennis courts shall be seveR four lighted tennis
courts and 14 pickleball courts (12 lighted courts and one lighted stadium
with two (2) pickleball courts). (Si„ lighted Ghamninnchip GGurts and eRe
B. Tennis and Pickleball Clubhouse and Ancillary Uses
1. Building Area
The maximum allowable gross floor area for the Tennis and Pickleball
Clubhouse shall be 3,725 square feet.
2. Building Height
The maximum allowable building height for the Tennis and Pickleball
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 and Pickleball 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 and Pickleball Clubhouse and Courts shall be a
minimum of 2-9 72 parking spaces.
3.3. T e-\4',a& Residential
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the villas dwelling units.
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A. Detached Residential (The `gym
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 detached
residential units:
TheVillasVillass Residential Development Standards Table
Vffla Single -Family
a/+Ita Single -Family
V a Dwelling
Dwelling A
Dwelling B
Unit 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 Height
Building 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 private
Parking Space for
driveway — No overhang to the private street/cul-
Each Unit
de -sac is allowed
13
B. Attached Residential
1. Number of Units
The maximum allowable number of attached residential units shall be
three (3).
2. Development Standards
The following development standards shall apply to the detached
residential units:
Setbacks:
5 feet minimum from any property line
Height:
46 feet (to be located atop of the 2-story hotel buildings)
Parking:
3 enclosed spaces and one guest space per dwelling unit
3.4. The BungaI^vmc Hotel
Refer to Exhibit B - Conceptual Master Site Plan for the general location and
placement of the bpgaiew hotel rooms, concierge and guest center, and spa
facility.
A. Number of 4p4s Rooms
The maximum allowable number of the BURgalews rooms shall be 2-7- 41, to be
built in a clustered setting of single and two-story buildings.
B. 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
�coPiinn drinUc ri ank anrl light breakfast anr7 IWnnh items
• Yoga Pavilion
C. 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.
14
D. Building Height
The maximum allowable building height for the bURgalews 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.
E. Building Setbacks
The building setback requirement shall be a minimum of 5 feet from any property
line.
F. Parking
Parking for the 19URgalews 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
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 BYRgalews hotel. Total
15
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.
16
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
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:
A. The development shall be in compliance with all other provisions of the
Planned Community District Plan;
B. 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;
C. 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
17
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.
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:
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
IN
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
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
i[K
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
Exhibit A
21
Exhibit B
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22
899ft
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH 4
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-18 was duly introduced on the 14th day of November, 2023, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 28th day of November, 2023, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Councilmember Brad Avery, Councilmember Robyn Grant,
Councilmember Joe Stapleton, Councilmember Erik Weigand
NAYS: Mayor Pro Tern Will O'Neill
RECUSED: Councilmember Lauren Kleiman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 29th day of November, 2023.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-18 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 18, 2023
Adopted Ordinance: December 2, 2023
In witness whereof, I have hereunto subscribed my name this day of December, 2023.
ma))4UM--
Leilani I. rown, MMq
City Clerk
City of Newport Beach, California