Loading...
HomeMy WebLinkAbout26 - Amending Title 21 of the NBMC Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report July 22, 2025 Agenda Item No. 26 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Lee, Senior Planner - 949-644-3225, dlee@newportbeachca.gov TITLE: Ordinance No. 2025-18: Amending Title 21 of the Newport Beach Municipal Code Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260) ABSTRACT: On November 14, 2023, the City Council authorized the submittal of an amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to the California Coastal Commission (CCC). The amendment would modify the permitted uses and development standards allowed on the tennis club site located within the Newport Beach Country Club Planned Community (PC-47). On May 7, 2025, the CCC denied the Title 21 amendment, as submitted, and instead approved it with one suggested modification. For the City Council's consideration is an ordinance amending Title 21 and accepting and incorporating the CCC's suggested modification. RECOMMENDATIONS: a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been adequately addressed in the Addendum to Mitigated Negative Declaration No. 2010- 008 (SCH 2O10091052), previously approved by City Council Resolution 2023-69; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code as Modified by the California Coastal Commission Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass to second reading on August 26, 2025. DISCUSSION: The applicant requests the approval of legislative amendments to the approved Tennis Club at Newport Beach project to 1) reduce the number of future tennis courts from seven to four courts and add 14 pickleball courts, 2) increase the number of future hotel rooms 26-1 Ordinance No. 2025-18: Amending Title 21 of the Newport Beach Municipal Code Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260) July 22, 2025 Page 2 from 27 to 41 rooms, 3) increase the gross floor area of ancillary uses within the future hotel 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. On November 14, 2023, the City Council adopted Resolution No. 2023-71 (Attachment B), authorizing the submittal of an amendment to Title 21 that would modify the permitted uses and development standards allowed on the tennis club site located within the Newport Beach Country Club Planned Community (PC-47). At the same meeting, the City Council also adopted Resolution No. 2023-69, to accept an addendum to Mitigated Negative Declaration No. ND2010-008; Resolution No. 2023-70, to approve a General Plan Amendment; Ordinance No. 2023-18, to adopt the Planned Community Development Plan Amendment; and Ordinance No. 2023-19, to approve a two-year development agreement. Ordinances 2023-19 and 2023-19 were adopted by the City Council on November 28, 2023, and will be effective pending the amendment to Title 21. The proposed changes affecting Title 21 include: • Changing the development limit for the number of tennis courts from seven to four courts and adding 14 pickleball courts. • Increasing the minimum required parking from 28 to 72 spaces (four spaces per court). • Converting three of the five single -unit residences to attached residential condominium units. • Updating 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 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; and • Increasing the development limit for the hotel use from 27 to 41 short-term guest rental rooms. Additionally, the maximum allowable gross floor area would increase from 28,300 to 47,484 square feet, including square footage for ancillary hotel uses. A minimum of one space per hotel room is required. Coastal Commission Action and Acceptance of Suaaested Modifications On February 8, 2024, the City of Newport Beach submitted the City Council —authorized amendment to Title 21 to the CCC. On May 7, 2025, the CCC considered the amendment and denied it as submitted but approved it with one suggested modification. Specifically, the CCC modified Subsection 21.26.055(S)(3)(b)(iii) to ensure the protection of public 26-2 Ordinance No. 2025-18: Amending Title 21 of the Newport Beach Municipal Code Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260) July 22, 2025 Page 3 views from a Coastal Land Use Plan —designated coastal view road. The CCC approval letter outlining its action and the suggested modification is included as Attachment C. The City Council must accept or reject all the suggested modifications. Partial acceptance is not permitted and would require resubmittal to the CCC through a new amendment application. A redline -strikeout version incorporating all CCC modifications is included as Attachment D. If introduced, the ordinance would return for a second reading on August 26, 2025, and take effect 30 days thereafter. If adopted at the second reading, City staff will submit the ordinance for a determination by the executive director of the CCC stating that this action is consistent with its May 7, 2025, approval of the amendment. The approved development agreement would become effective upon receiving the final CCC determination and has a two-year term unless an extension is granted. 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 new development agreement stated above that requires the payment of $685,796.25 in addition to all required permit fees and development impact fees. ENVIRONMENTAL REVIEW: Staff recommends that the City Council finds that all significant environmental concerns for the proposed project have been adequately addressed in the Addendum to Mitigated Negative Declaration No. ND2010-008 (MND), which included written responses to comments. The MND and the Addendum were prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3, and include analysis of the proposed project amendment and the development agreement. The City Council adopted the Addendum at its November 14, 2023, meeting by Resolution No. 2023-69. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2025-18 Attachment B — Resolution No. 2023-71 Attachment C — Coastal Commission Approval Letter and Suggested Modification Attachment D — Redline -Strikeout Version of Proposed Amendment 26-3 Attachment A Ordinance No. 2025-18 26-4 ORDINANCE NO. 2025-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21 (LOCAL COASTAL IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION RELATED TO THE TENNIS AND PICKLEBALL CLUB AT NEWPORT BEACH 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, in 2005, the City of Newport Beach ("City") adopted its LCP, including the Coastal Program Coastal Land Use Plan, as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the 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; 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, 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 and five single -unit residences, and a development agreement ("DA") 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 the first amendment to the DA previously approved in 2012, which authorized the extension of the DA by one year through September 23, 2023, to provide staff additional time to process an amendment to the Approved Project; 26-5 Ordinance No. 2025-18 Page 2 of 6 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 provide three attached condominium units and two detached single-family residences in -lieu of five detached single-family residences ("2021 Project Application"); WHEREAS, on September 8, 2022, the Planning Commission considered and recommended approval of the 2021 Project Application to the City Council; WHEREAS, on September 27, 2022, the City Council considered and failed to approve the 2021 Project Application and subsequently remanded the project to the Planning Commission for further consideration of the pickleball use; WHEREAS, on October 11, 2022, City Council adopted a motion to reconsider the 2021 Project Application; WHEREAS, on October 25, 2022, the City Council reconsidered and failed to approve the 2021 Project Application and subsequently continued the item to a future meeting after the Planning Commission consideration of development that includes pickleball courts; WHEREAS, the Applicant augmented and submitted amendments to the application to reduce the overall number of tennis courts and add pickleball courts to the existing private tennis club; WHEREAS, on December 6, 2022, the Applicant revised the 2021 Project Application to include the following: a. Decrease the number of future tennis courts from seven to four and add 14 pickleball courts; 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, for a total of 14,386 square feet; d. Provide three attached condominium units and two single -unit residences in lieu of five single -unit residences; and e. A DA, which includes the aforementioned changes to the Approved Project for a term of 15 years ("Project"); .E Ordinance No. 2025-18 Page 3 of 6 WHEREAS, the Project required an amendment to Title 21 related to development standards for the tennis club site located within the Newport Beach Country Club Planned Community (PC-47) and 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" ("LCP Amendment"); WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCP Amendment were made available and a Notice of Availability was distributed on December 21, 2022, at least six weeks prior to the anticipated final action date; 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"), Section 13515, 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 by a unanimous vote (5 ayes, 1 absent, 1 recusal) recommending approval of the Project to the City Council; 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, Section 13515, 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; WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-69 to accept an addendum to Mitigated Negative Declaration No. ND2010-008, Resolution No. 2023-70 to approve a General Plan Amendment, and Resolution No. 2023-71 to authorize submittal of the LCP Amendment to the California Coastal Commission; 26-7 Ordinance No. 2025-18 Page 4 of 6 WHEREAS, the City Council also adopted Ordinance Nos. 2023-18 and 2023-19 to amend the Planned Community Development Plan Amendment and approve a two- year development agreement by a majority vote (4 ayes, 2 nays and 1 recusal); WHEREAS, on May 7, 2025, the California Coastal Commission denied the LCP Amendment (LCP-5-NPB-24-0004-1 Part B) as submitted and approved it with suggested modifications deemed necessary to find consistency with the California Coastal Act; and WHEREAS, the City Council held a public hearing on July 22, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council hereby approves the LCP Amendment filed as PA2021-260 and accepts the suggested modifications approved by the Coastal Commission to Amend Title 21 of the NBMC as set forth in Exhibit 'A," and based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference. Section 2: The LCP Amendment filed as PA2021-260, will be carried out fully in conformity with the California Coastal Act. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: The City Council hereby authorizes City staff to submit this ordinance for a determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of the Coastal Commission's May 7, 2025, action on LCP Amendment Request No. LCP-5-NPB-24-0004-1 Part B (1602 E. Coast Hwy). Section 5: This ordinance shall not become effective for thirty days after adoption and until the Executive Director of the Coastal Commission certifies that this ordinance complies with the Coastal Commission's May 7, 2025, action on LCP Amendment Request No. LCP-5-NPB-24-0004-1 Part B (1602 E. Coast Hwy). K, s Ordinance No. 2025- 18 Page 5 of 6 Section 6: 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 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 (3) tennis courts and addition of 14 pickleball courts, 14 hotel rooms, and 4,686 square feet of 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, the City Council adopted Resolution No. 2023-69, thereby adopting an addendum to the previously adopted MND. Resolution 2023-69, including all findings contained therein, is hereby incorporated by reference. Section 8: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 9: 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. The ordinance shall become effective as provided in Section 5 of this ordinance. W Ordinance No. 2025- 18 Page 6 of 6 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of July 2025, and adopted on the 26th day of August 2025, by the following vote, to -wit: AYES: NAYS: ABSENT: ATTEST: Molly Perry, Interim City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE A ron C. Harp, City Attorney Joe Stapleton, Mayor Attachment(s): Exhibit A — LCP Amendment filed as PA2021-260 Exhibit B — Findings in Support of LCP Amendment filed as PA2021-260 26-10 EXHIBIT "A" LCP AMENDMENT FILED AS PA2021-260 Section 1: Section 21.26.055.S (Newport Beach Country Club) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code is hereby amended to incorporate the suggested modifications from the California Coastal Commission and reads as follows: S. Newport Beach Country Club (PC-47). 2. Tennis and Pickleball Club. a. Density/intensity limit: four (4) tennis courts and fourteen (14) pickleball courts; and three thousand seven hundred twenty-five (3,725) square foot clubhouse. b. Height: thirty (30) feet for clubhouse. c. Parking: seventy-two (72) 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% Building Height 39 feet, measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations Building Side Yard Setbacks 3 feet minimum Building Front and Rear Yard Setbacks 5 feet minimum Enclosed Parking Space for Each Unit 2 2 Open Guest Parking Space for Each Unit One space - could be located on the private driveway — No overhang to the private street/cul-de-sac is allowed 26-11 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 in a manner that does not obstruct blue -water coastal views from LUP- designated coastal view roads. iv. Parking: three (3) enclosed spaces and one guest space per dwelling unit. 4. Hotel a. Density/Intensity Limit: forty-one (41) short-term guest rental rooms. The maximum total allowable gross floor area for the hotel rooms shall be forty-seven thousand four hundred eighty-four (47,484) square feet with a two thousand two hundred (2,200) square -foot concierge 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. 26-12 EXHIBIT "B" FINDINGS IN SUPPORT OF LCP AMENDMENT FILED AS PA2021-260 An amendment to Title 21 (Planning and Zoning) of the NBMC is a legislative act. There are no required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the LCP Amendment is consistent with the Coastal Land Use Plan (CLUP) category of Mixed -Use Horizontal 3/Parks and Recreation (MU-H/PR), which is intended to provide for development of horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi -family residential, visitor -serving and marine related uses, and/or buildings that vertically integrate residential with commercial uses, as well as public and private recreational use such as parks, tennis clubs and courts, and similar facilities. The amendment allows for an expansion of development which is consistent with the intent of CLUP and the Newport Beach Country Club (PC-47) of Title 21, as identified below. 1. The LCP Amendment does not in any way negatively impact coastal access or coastal resources. The amendment provides additional hotel units and recreational sport courts which enhances the existing visitor -serving use and encourages additional access to Newport Center and the surrounding coastal areas. 26-13 Attachment B Resolution No. 2023-71 26-14 RESOLUTION NO. 2023-71 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 AND PICKLEBALL CLUB AT NEWPORT BEACH 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, 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, 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 and 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 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"); , ,4t::vvport Bea 26-15 Resolution No. 2023-71 Page 2 of 7 WHEREAS, on June 28, 2022, the City Council approved a one year extension of Development Agreement No. DA2008-001 which expired on September 23, 2023; WHEREAS, on September 8, 2022, the Planning Commission held a public hearing and recommended approval of the 2021 Project Application to the City Council; WHEREAS, on September 27, 2022, the City Council held a public hearing on the 2021 Project Application but remanded it 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 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; i;it� of Newport Bear " 26_16 Resolution No. 2023-71 Page 3 of 7 • 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; • 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 (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 Zoning 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"; C itv of Ne, wport Bear 26_17 Resolution No. 2023-71 Page 4 of 7 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 December 21, 2022, at least six weeks prior to the anticipated final action date; 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"), Section 13515, 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 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, Section 13515, 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 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, which 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. ('-,itvof Newpoft Beal. 26-18 Resolution No. 2023-71 Page 5 of 7 Section 3: 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 authorization to submit the Local Coastal Program Amendment to the California Coastal Commission for approval. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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. City of Newport Beach ,s„ Resolution No. 2023-71 Page 6 of 7 Section 6: 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 (3) 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. 2023-69, thereby adopting an addendum to the previously adopted MND. Resolution 2023-69, including all findings contained therein, is hereby incorporated by reference. City of Newport Beach ,s,o Resolution No. 2023-71 Page 7 of 7 Section 7: 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 14t" day of November, 2023. ATTEST: Leilani I. Brown City Clerk ` � � "°�mjf0ol�• APPROVED AS TO FORM:rF��;� CITY ATTORNEY'S OFFICE Aaro C. Harp City Attorney Attachment(s): Exhibit A — Local Coastal Program Amendment No. PA2021-260 Related to Standards of the Tennis and Pickleball Club located within the Newport Beach Country Club Planned Community (PC-47) City of Newport Beach ,s„ Exhibit "A" Local Coastal Program Amendment No. PA2021-260 Related to Standards of the Tennis and Pickleball Club Property located within the Newport Beach Country Club Planned Community (PC-47) City of Newport Beach ,s„ Local Coastal Program Implementation Plan Amendment Related to Development Standards of the Tennis and Pickleball 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 and Pickleball Club. a. Density/intensity limit: four (4) tennis courts and fourteen (14) pickleball courts; and three thousand seven hundred twenty-five (3,725) square foot clubhouse. b. Height: thirty (30) feet for clubhouse. c. Parking: seventy-two (72) 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 C itv of Newport Bear 26_23 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. Hotel a. Density/Intensity Limit: forty-one (41) short-term guest rental rooms. The maximum total allowable gross floor area for the hotel rooms shall be forty-seven thousand four hundred eighty-four (47,484) square feet with a two thousand two hundred (2,200) square -foot concierge 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. City of Newport Beach ,s„ STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-71 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14th day of November, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: Mayor Noah Blom, 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 15th day of November, 2023. Aim� Leilani I. Brown City Clerk Newport Beach, California City of Newport Beach ,s„ Attachment C Coastal Commission Approval Letter and Suggested Modification 26-26 May 28, 2025 City of Newport Beach City Council Newport Beach Civic Center 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request No. LCP-5-NPB-24-0004-1, Parts A, B, and C Dear Councilpersons: You are hereby notified that, at its May 7, 2025 meeting in Half Moon Bay, the Coastal Commission approved with suggested modifications Parts A, B, and C of Implementation Plan (IP) Amendment Request No. LCP-5-NPB-24-0004-1. Part A of the subject request was submitted for Commission certification by City Council Resolution No. 2023-83 on February 8, 2024 and pertains to short-term rentals. Part B of the subject request was submitted for Commission certification by City Council Resolution No. 2023-71 on February 8, 2024 and pertains to the Newport Beach Country Club. Part C of the subject request was submitted for Commission certification by City Council Resolution No. 2023-76 and consisted of a general IP clean-up. Pursuant to the Commission's action on May 7, 2025, certification of Parts A, B, and C of the subject amendment request are subject to the attached suggested modifications (Attachment 1). Therefore, all three parts of IP Amendment No. LCP-5-NPB-24-0004-1 will not be effective for implementation in the City's coastal zone until: 1) The City Council adopts the Commission's suggested modifications, 2) The City Council forwards the adopted suggested modifications to the Commission by resolution, and 3) The Executive Director certifies that the City has complied with the Commission's May 7, 2025 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's action (i.e. by November 3, 2025). Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Chloe Seifert at chloe.seifert(a)_coastal.ca.gov with questions regarding the modifications required for effective certification of Parts A, B, and C of IP Amendment No. LCP-5-NPB-24-0004-1. Sincerely, Chloe Seifert Coastal Program Analyst 26-27 Attachment 1—Suggested Modifications The City's proposed new text is shown in underlined text. The City's proposed deleted text is shown in�le striket"Trnvugh. The Commission's proposed new text is shown in bold underline. The Commission's proposed deleted text is shown in held strike through A. PART A (STRS IN MIXED -USE ZONES) Suggested Modification 1: Preserve the overall 1,550-permit cap on STRs throughout the coastal zone. 21.48.115 Short --Term Lodging. ...C. Permits within Mixed -Use Water Zoning District (MU-W2) and Mixed -Use Cannery Village and 15th Street Zoning District (MU-CV/15th St.). ...3. As set forth in Section 5.95.042 of Chapter 5.95, the maximum number of short term lodging permits shall be limited to a total of seventy-five (75) permits within the Mixed -Use Water (MU-W2) and Mixed -Use Cannery Village and 15th Street (MUCV/ 15th St.) districts at any time. No new permit shall be issued to any person on the waiting list, as described in Section 5.95.042(F), until the total number of permits is less than seventy-five (75). Notwithstandincv the oreneinn the seventy-five (75) w.rnit rv»virnurn shall net apply to a short term lodqanq unat that was leqally established as of November 2-, ---- a let wmthin a Mixed- Ice Coastal Zoninn District Provided the owner maintains a valad short term lodqanq Permit that ms not subse revoked or abandoned-. ...D. Permits in the Coastal Zone. At no point shall the total number of short- term lodging permits in the City's coastal zone exceed one -thousand five - hundred and fifty (1,550). Suggested Modification 2: Re -alphabetize the three subsections ("Operational Standards", "Additional Requirements for Newport Island...", and "Additional Requirements for the Mixed -Use..." following the new Subsection D of IP Section 21.48.115 to reflect the corrected alphabetical order. Suggested Modification 3: Specify unclear language and protect public parking used for coastal access. 21.48.115 Short --Term Lodging. ...-FG. Additional Requirements for the Mixed -Use Water Zoning District (MU- W2) and Mixed -Use Cannery Village and 15th Street Zoning District (MU- CV/15th St. 26-28 1. Prior to issuance of a short term lodging permit, a management plan shall be submitted for review and approval by the Community Development Director. The manaaement plan shall include the followin ...e. Parking management plan ensuring all available on -site parking remain free of obstructions and available for use by the short term lodging user. For short term lodging units that are non- conforming due to number of parking spaces provided, there shall be sufficient data to indicate that parking demand will be'e�R the required satisfied by the provided number of spaces or that ether parkiniv is alternate modes of transportation are available (e.g., COW parkiinn lot located „rearhvi on -street narking �, vrr-zcra, c�purrcrrrc� aa-ble; bicycles and e-bikes, bus and trolley routes, rideshare services, private offsite parking lots, greater than normal walk in trade, alternative transportation, etc.) such that use or operation of the short term lodging permit will not rely on the City's stock of public on -street and off-street parking or reduce availability of parking in nearby residential neighborhoods. B. PART B (1602 E. COAST HWY.) Suggested Modification 4: Protect public views from an LUP-designated coastal view road. Section 21.26.055, Planned Community Coastal Zoning District Development Standards. ...S. Newport Beach Country Club (PC-47). ...3. Residential. ...b. Attached Residential (Condominiums) ...iii. Height: forty-six (46) feet (to be located atop of the 2-story hotel buildings in a manner that does not obstruct blue -water coastal views from LUP- designated coastal view roads. C. PART C (IP CLEAN-UP) Suggested Modification 5: Reject the City's proposed new exemption criteria. 21.52.035.C. Coastal Act Exemptions. Developments not located within the Coastal Commission's permit jurisdiction determined to be exempt from the coastal development permit requirements pursuant to California Public Resources Code Section 30610. The following 26-29 types of projects shall be so exempted unless they involve a risk of adverse environmental effects: Suggested Modification 6: Retain certified IP language as previously amended. Table 21.18-4, Development Standards for Multi -Unit Residential Zoning Districts. ...(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and rnoderate-incorne households and senio citizens in corpliance with Governrnent Cal Gov Code Sections 65915 through 65917. Any housing developrnent approved pursuan Governrnent Cal rove Corte Section 65915 shall be consistent to the resources, with all otherwise applicable Local Coastal Program policies and development standards in compliance with Chapter 21.32 (Density Bonus). Table 21.22-3, Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts. ...(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, moderate-incomeanmoderate-incomee� moderate -income households and s� citizens On compliance with Government Cal. Gov. Code Sections 65915 through Any housingdevelopment improve I . 4 consistent,Government Cal. Gov. Code Sectaon 65915 shall be to the mavirr.,�rrntand in manner most protective of coastal rrr�crrrrpTrrfeasible,manner protec ive of coastal f resourceswath all otherwise applicable Local Coastal Program policies aniJ .t^„e. . cent staniJarrls in compliance with Chapter 21.32 (Density Bonus). Table 21.22-4, Development Standards for Waterfront Mixed -Use Zoning Districts. ...(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senio citizens in compliance with Government Cal Gov Code Sections 65915 through 65917.AAny housing development approvpursuaan��e Government Cal rove Corte Section 65915 shall be consistent to the extent feasn' a rnanner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards in compliance with Chapter 21.32 (Density Bonus). 26-30 21.48.200 Accessory Dwelling Units. A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in Galifnrnia Government Cal. Gov. Code Sections 65852.2 and 65852.2 66310 through 66342, or any successor statute, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. ...B. Effects of Conforming.... ...4. Required to correct a legally established nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with S,afifer Cal. Health -a -Rd & Safety_ Code Section 17980.12. ...JK. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Cal. Gov. Code Sections 65852.2 and 65852.22 66310 through 66342. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior standards, as applicable. 21.70.020 Definitions of Specialized Terms and Phrases. "Density bonus" means, as .definer! by Government Cal Gov. Code Sectoon 65915 et se , -eager the maV,m ,rn densky-othe.M.A.1im allowed by housing project who agrees to construct a prescribed percentage o dwelling units that are affordable to very low- and low-income househo See "Very low-income household" "L I household-.-' a density increase over the maximum allowable density under the applicable coastal zoning district and Coastal Land Use Plan as of the date of application. 26-31 Attachment D Redline -Strikeout Version of Proposed Amendment 26-32 Local Coastal Program Implementation Plan Amendment Related to Development Standards of the Tennis and Pickleball 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 and Pickleball Club. a. Density/intensity limit: 68VeR four (4) tennis courts and fourteen (14) pickleball courts; and three thousand seven hundred twenty-five (3,725) square foot clubhouse. b. Height: thirty (30) feet for clubhouse. c. Parking: +,, eRty_oucht (28) spaG seventy-two (72) spaces. 3. Residential. a. Detached Residential (Villas) i. Density/intensity limit: five 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 26-33 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 in a manner that does not obstruct blue -water coastal views from LUP-designated coastal view roads. iv. Parking: three (3) enclosed spaces and one guest space per dwelling unit. 4 (The B Rgalews) Hotel a. Density/Intensity Limit: forty-one (41) short-term guest rental Un#G rooms. The maximum total allowable gross floor area for the hotel rooms shall be twenty eight theusand three hURdFed (29,300) forty-seven thousand four hundred eighty-four (47,484) square feet with a two thousand two hundred (2,200) square -foot concierge aR4 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 spaces. forty-one (41) parking spaces. 26-34