HomeMy WebLinkAbout2025-55 - Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Major Site Development Review to Construct 27 Residential Condominiums Located on an Unaddressed Parcel Abutting 1650 Ford Road (PA2025-0049)RESOLUTION NO. 2025-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING AN
APPEAL AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE A MAJOR SITE
DEVELOPMENT REVIEW TO CONSTRUCT 27
RESIDENTIAL CONDOMINIUMS LOCATED ON AN
UNADDRESSED PARCEL ABUTTING 1650 FORD ROAD
(PA2025-0049)
WHEREAS, the City of Newport Beach ("City") is governed, in part, by the Charter
of the City of Newport Beach, the Newport Beach Municipal Code ("NBMC"), and Council
Policies;
WHEREAS, Section 200 of the City Charter vests the City Council with the
authority to make and enforce all laws, rules and regulations with respect to all municipal
affairs subject only to the restrictions and limitations contained in the Charter and the
State Constitution, and the power to exercise, or act pursuant to any and all rights,
powers, and privileges, or procedures granted or prescribed by any law of the State of
California;
WHEREAS, an application was filed by Ford Road Ventures LLC ("Applicant"), on
behalf of the property owner Pacific Bell Telephone Company ("Owner") concerning
property located at 1650 Ford Road (APN 458-361-02), and an undeveloped and
unaddressed property abutting 1650 Ford Road (458-361-10), and legally described as Lot
A and Lot B, respectively, of Lot Line Adjustment No. 2019-001 ("Properties");
WHEREAS, the undeveloped and unaddressed property is located near the
southeast corner of the MacArthur Boulevard and Bonita Canyon Drive intersection,
northeast of the parking lot for the Bonita Canyon Sports Park and west of the AT&T Facility
located at 1650 Ford Road ("Project Site");
WHEREAS, the Applicant proposes to develop a 27-unit, for sale, residential
townhome complex distributed within four, detached, four-story buildings with a maximum
structure height of 47 feet and 11 inches, a two -car garage for each unit, 10 uncovered guest
parking spaces, and two uncovered delivery spaces for a total of 66 onsite parking spaces
("Project");
Resolution No. 2025-55
Page 2 of 10
WHEREAS, the Project includes an outdoor picnic area and outdoor firepit area as
resident -serving amenities and improvements to the neighboring AT&T Facility property
including the installation of a gate to restrict access to its parking lot, repaving the parking
lot, new landscaping, repainting the building, and the relocation of an existing wireless
telecommunications monopole;
WHEREAS, lastly, the Project will subdivide the undeveloped and unaddressed
Project Site and reconfigure the lot line between the Project Site and the AT&T Facility
property ("Project");
WHEREAS, the following approvals are required from the City to implement the
Project:
a. A Major Site Development Review ("SDR") pursuant to Table 5-2 (Review
Authority for Site Development Review) of Section 20.52.080 (Site
Development Reviews) and Section 20.48.185 (Multi -Unit Objective Design
Standards) of the NBMC because the Project proposes five or more units with
a tract map and to allow for deviations from multi -unit objective design
standards, and
b. A Vesting Tentative Tract Map ("VTTM") pursuant to Chapter 19.20 (Vesting
Tentative Maps) of the NBMC to adjust the easterly property line between the
undeveloped Project Site and the AT&T Facility, to create individual parcels for
conveyance purposes within the undeveloped Project Site, and to allow for an
airspace subdivision of the individual residential units for condominium
purposes,
WHEREAS, on September 24, 2024, the City Council adopted Ordinance Nos.
2024-16 and 2024-17, approving amendments to Title 20 (Planning and Zoning) of the
NBMC to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section
20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) ("Housing Overlay") and
to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective
Design Standards) of the NBMC;
WHEREAS, the new sections serve to implement Policy Actions 1A through 1G
and 3A in the 6t" Cycle Housing Element ("Housing Element") of the General Plan
including the Project Site which is identified as Housing Opportunity Site No. 141;
Resolution No. 2025-55
Page 3 of 10
WHEREAS, the City Council adopted Resolution No. 2024-50 on July 23, 2024
certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"),
approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting
Findings and a Statement of Overriding Considerations related to the implementation of
the Housing Element involving amendments to the General Plan, Coastal Land Use Plan,
and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the NBMC which are available at: Housing Implementation Program EIR;
WHEREAS, the City Council adopted Ordinance No. 2025-10 on June 24, 2025,
approving amendments to Table 2-16 (Development Standards for Housing Opportunity
Overlay Zones) of Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts)
and Section 20.80.025 (Housing Opportunity Overlay Districts Maps) of the NBMC to
adjust the height limitation for certain properties within the HO-4 (Newport Center) Subarea
of the Housing Opportunity (HO) Overlay Zoning District to accommodate potential
residential development with the intendent prescribed density range;
WHEREAS, specifically, these amendments allowed for the base height limit of the
Project Site to be increased from 37 feet to 48 feet;
WHEREAS, independent of Ordinance No. 2025-10, pursuant to Section
20.30.060(C) (Height Limits and Exceptions — Increase in Height Limit) of the NBMC, the
Project has the flexibility to increase the allowed base height limit of 37 feet up to 55 feet
through the approval of an SDR;
WHEREAS, although the Project is designed within the now allowed 48-foot
height limit, additional facts in support of findings that support the Project height, though
not required, are included in Findings D through G in Exhibit "B";
WHEREAS, the Project Site is located within the HO-4 (Newport Center) Subarea
of the Housing Opportunity (HO) Overlay Zoning District ("HO-4 Subarea");
WHEREAS, the Project Site is designated as Public Facilities (PF) by the General
Plan Land Use Element and is located within the Public Facilities (PF) Zoning District;
WHEREAS, the Project Site is not located within the coastal zone; therefore, a
coastal development permit is not required;
Resolution No. 2025-55
Page 4 of 10
WHEREAS, a public hearing was held by the Planning Commission on July 3,
2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place, and purpose of the hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
20.62 (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.
PC2025-012 by a unanimous vote (6 ayes, 0 nays), approving the Project;
WHEREAS, an appeal of the Planning Commission's decision was filed by the
law firm of Mitchell M. Tsai on August 17, 2025, alleging the Project failed to comply with
the Multi -Unit Objective Design Standards and was not compatible with the surrounding
neighborhood, the lot line adjustment should be subject to a 14-day appeal period, and
the Project violated California Environmental Quality Act ("CEQA" );
WHEREAS, the appeal of the SDR was timely because it was made within the
14-day appeal period pursuant to Title 20 (Planning and Zoning) of the NBMC, however,
the appeal of the VTTM was not timely because it was made past the 10-day appeal
period pursuant to Title 19 (Subdivisions) of the NBMC;
WHEREAS, due to the timing of the appeal, the VTTM is final and not subject to
appeal, and the only item before the City Council is an appeal of the SDR; and
WHEREAS, a public hearing was held by the City Council on August 26, 2025, in
the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place, and purpose of the hearing was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act") and 20.62 (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:
Resolution No. 2025-55
Page 5 of 10
Section 1: The City Council does hereby find that the Project is not subject to
further environmental review under CEQA pursuant to Section 15183 (Project Consistent
With a Community Plan or Zoning) of the CEQA Guidelines and Section 21083.3 of the
Public Resources Code ("PRU) because, the Property is within the HO-4 Subarea which
was fully analyzed in the PEIR, the Project does not change the underlying land use or
zoning designations and would not result in new significant impacts or substantially
increased adverse impacts. A detailed consistency analysis has been prepared by T & B
Planning Inc., dated June 2025, which was peer reviewed by Kimley-Horn & Associates,
Inc., and found to be consistent based as detailed in Exhibit "C," which is attached hereto
and incorporated herein by reference.
The City Council finds that the Project is consistent with the development density
and use characteristics established by the City's General Plan Housing Implementation
Program as analyzed by the PEIR, and the required determinations can be made, as
detailed in Exhibit "C." Therefore, in accordance with Section 15183 of the CEQA
Guidelines, no additional environmental review is required to approve the Project. The
City Council determines:
a. The Project is consistent with the development density of 20 to 50 dwelling
units per acre established by existing zoning and general plan policies for which
the PEIR was certified;
b. There are no significant environmental effects that are peculiar to the Project
or the parcels on which the Project would be located;
c. There are no significant environmental effects of the Project that were not
analyzed as significant effects in the PEIR;
d. There are no potentially significant off -site impacts or cumulative impacts which
were not discussed in the PEIR; and
e. There are no previously identified significant effects which, as a result of
substantial new information which was not known at the time the PEIR was
certified, are determined to have a more severe adverse impact than discussed
in the prior PEIR.
Section 2: The City Council finds that the Project meets the criteria prescribed
by Section 21080.66 of the PRC and no additional environmental review is required to
approve the Project. The City Council determines:
Resolution No. 2025-55
Page 6 of 10
a. The Project site is 1.16 acres, which is less than the 20-acre threshold;
b. The Project site is surrounded by urban uses consisting of residential, parks
and recreation, and public open space;
c. The Project site was included in Appendix B of the City's adopted and certified
6t" Cycle Housing Element (Housing Element) as a housing opportunity site
(Site ID No. 141) that could accommodate residential redevelopment. General
Plan Land Use Element Policy LU 4.4 (Rezoning to Accommodate Housing
Opportunities) supports residential uses at this site. Furthermore, the site was
rezoned by way of the Housing Opportunity (HO) Overlay Zoning Districts and
is included within the Newport Center Area (HO-4) Subarea;
d. The Project would have a density of approximately 23 dwelling units per acre
(du/ac) which meets the minimum density of 20 du/ac for the site;
e. The Project is in compliance with the environmental standards outlined in
Government Code Section 65913.4(a)(6); and
f. The Project is in compliance with Senate Bill (SB) 18 and Assembly Bill (AB)
52 as Native American tribe consultation was conducted during the preparation
of the PEIR.
Section 3: Appellant argues that new information regarding environmental
factors requires further environmental review for the Project under CEQA. Specifically,
appellant states that 1) reliance on an earlier environmental report would not comply with
CEQA because CEQA "generally favors informed decision making and weighing of
environmental factors prior to approving development"; 2) several key facts warrant
additional environmental review under CEQA; and 3) the Project would likely directly
impact an endangered species that is present on the Project site. These assertions are
unsupported by the CEQA framework as well as the case law interpreting CEQA as
described below.
Resolution No. 2025-55
Page 7 of 10
PRC Section 21166 and Section 15162(a)(3) of the CEQA Guidelines provide that
subsequent environmental documents are only necessary if significant new information
emerges after EIR certification. California courts have consistently articulated the
legislative intent to ensure that a certified EIR provides a reasonable measure of finality
unless the statutory conditions for further review are met. For example, in Moss v. County
of Humboldt, (2008) 162 Cal. App. 4th 1041, the court emphasized that Section 21166 is
intended to balance the burdens of environmental review with the need for finality,
requiring substantial evidence of significant changes or new information to justify
additional review. Similarly, San Diego Navy Broadway Complex Coalition v. City of San
Diego, (2010) 185 Cal.AppAth 924, the court stated that there is a strong presumption
against requiring further environmental review once an EIR has been certified, absent the
statutory triggers. Therefore, cases analyzing subsequent projects disfavor undertaking
additional environmental review, where impacts have already been analyzed through a
previously certified environmental impact report.
With respect to the specific facts that warrant additional environmental review
where an EIR has already been certified, the decision in Save Livermore Downtown v.
City of Livermore, (2022) 87 Cal. App. 5th 1116, underscores that new information must
be genuinely new and significant to mandate further review. In Save Livermore
Downtown, the court held that specific contaminants previously considered in a
Supplemental EIR were not deemed new information warranting additional environmental
analysis. (Id. at 1134.) Similarly in Save Our Access v. City of San Diego, (2023) 92 Cal.
App. 5th 819, the court held that the new information contemplated under 14 CCR Section
15162 must be of substantial importance, showing significant environmental effects not
previously analyzed or substantially more severe effects than previously disclosed.
The appeal cites as new information that several community members and
neighbors have recently observed and documented birds nesting in mature trees on the
Project site, and, therefore, the Project failed to consider the Project's impacts on
migratory and nesting birds. Additionally, the appeal states that the Project will likely have
a direct impact on an endangered species based on the Southern Tarplant observed
growing on the Project site. The CEQA Consistency Memo included a Biological
Resources Study, which discusses how the Project will comply with Standard Condition
BIO-1 within the Housing Element EIR as it related to nesting birds. Additionally, the
CEQA Consistency Memorandum relied upon a recent (June 25, 2025) site -specific
Biological Resource Assessment Memorandum of the Property, which concluded that the
site lacks riparian or wetland habitats. A condition of approval to address this concern has
been incorporated as a condition of approval for the Project.
Resolution No. 2025-55
Page 8 of 10
With regard to the Southern Tarplant, there is no evidence that it exists at the site.
The Biological Resources Study specifically indicated that this endangered plant was not
present at the site based on their conducted field surveys in 2019 and 2025. Based on
the foregoing, all environmental impacts associated with the Project have been fully
analyzed and the Planning Commission's decision should be upheld on CEQA grounds.
Section 4: Appellant alleges the Project failed to comply with the Multi -Unit
Objective Design Standards and was not compatible with the surrounding neighborhood.
Save Livermore Downtown v. City of Livermore, (2022) 87 Cal. App. 5t" 1116 is dispositive
to this argument and fully supports the Planning Commission's findings. Save Livermore
Downtown, held that a court reviewing a city's findings merely decides whether city
officials considered applicable policies and the extent to which the proposed project
conforms with those policies, whether city officials made appropriate findings on this
issue, and whether those findings are supported by substantial evidence. (Id. at 1130.) In
that case, appellants challenged a housing development project arguing that it did not
comply with the downtown specific plan. (Id. at 1124.) The court reasoned that it is the
province of city officials to examine the specifics of a proposed development project to
determine whether it would be in harmony with the city's policies, and it is, emphatically,
not the court's role to "micromanage" these development decisions. (Id. at 1124.)
Applying Save Livermore Downtown to the present circumstances, the Applicant
seeks an SDR, for the overall Project design as well as to approve three deviations as
authorized by Section 20.48.185(C) of the NBMC. The SDR for the Project itself is
supported by 15 pages of facts in support of findings, including findings specific to the
three deviations. Based on the foregoing, the Planning Commission's decision is fully
supported by the findings and the Planning Commission's decision should be upheld.
Section 5: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Section 6: The City Council finds that the Major Site Development Review
permit for the 27-unit residential project is validly approved under existing law. The Project
is consistent with the certified Housing Element, is not subject to additional environmental
review, and does not trigger Charter Section 423 thresholds.
Resolution No. 2025-55
Page 9 of 10
Section 7: The City Council of the City of Newport Beach hereby approves Major
Site Development Review filed as PA2025-0049, subject to the conditions outlined in Exhibit
"A", which is attached hereto and incorporated by reference. The City Council's decision is
made in accordance with Section 20.52.080 (Site Development Reviews) of the NBMC
which is supported by the facts and findings in Exhibit "B" and incorporated herein by
reference.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2025-55
Page 10 of 10
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of August, 2025.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.'� "�--
Aaroj C. Harp
City Attorney
Attachment(s): Exhibit "A" — Conditions of Approval
Exhibit "B" — Findings and Facts in Support of Findings
Exhibit "C" — CEQA Consistency Memorandum Prepared by T & B
Planning, Inc., Dated June, 2025
Exhibit "D" — Objective Design Standard Checklist
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The Project shall be in substantial conformance with the approved site plan, floor
plans, landscape plan, and building elevations stamped and dated with the date of
this approval (except as modified by applicable conditions of approval). Minor
changes to the approved development may be approved by the Community
Development Director, pursuant to Newport Beach Municipal Code Section
20.54.070 (Changes to an Approved Project). By way of example, a change to the
number of stories of a unit (e.g., three-story product, etc.), floor plan redesign, and
change to offered square footage ranges would be considered minor changes
provided the project was within the allowed height limit, and in compliance with the
Objective Design Standards and density range under the Housing Opportunity (HO)
Overlay Zoning District.
2. Any substantial modification to the approved Site Development Review plans, as
determined by the Community Development Director, shall require an amendment
to this Site Development Review application or the processing of a new application.
3. The Project is subject to compliance with all applicable submittals approved by the
City of Newport Beach ("City") and all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval
4. The Applicant shall comply with all federal, state, and local laws. A material
violation of any of those laws in connection with the use may be caused the
revocation of this approval.
5. This Major Site Development Review shall expire and become void unless exercised
within seven years from the date of approval of Resolution No. PC2025- to
coincide with the expiration of Vesting Tentative Tract Map No. 19396 as provided in
Condition No. 16.
6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans before issuance of
the building permits.
7. The proposed residential development shall consist of 27 townhome, condominium
units. The number of condominium units may be reduced by the Applicant provided
the total number of units meets the 20 to 50 dwelling units per acre density
requirement under the HO Overlay Zoning District.
8. The maximum height of the residential structures shall be 48 feet as measured from
the established grade. No building or any portion of structure, architectural feature or
mechanical equipment shall exceed 48 feet.
9. The on -site residential amenities including the outdoor picnic area and firepit lounge
area as illustrated on the approved plans shall be provided and maintained for the
duration of the Project. The exact mix of amenities may be modified from the
original approved plans subject to the approval by the Community Development
Director. The Project shall maintain at least 75 square feet of common open space
per dwelling unit on the Project Site as required by the HO-4 subarea. The square
footage of on -site resident -serving amenities shall not be reduced so that the
development no longer provides 75 square feet of common open space per
dwelling unit
10. The residential structure shall be attenuated to provide an interior noise level of 45
dBA CNEL or less pursuant to Section 10.26.030 (Interior Noise Standards) of the
NBMC. Use of walls, berms, interior noise insulation, double paned windows,
advance insulation systems, or other noise mitigation measures, as deemed
appropriate by the City shall be incorporated in the design of the new residential
structure to provide adequate noise attenuation.
11. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38,
Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare
and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share Traffic
Fees and Transportation Corridor Agency fees shall be paid for the Project at the fee
assessed at the time of payment.
12. The Applicant is responsible for compliance with the Migratory Bird Treaty Act
(MBTA). In compliance with the MBTA, grading, brush removal, building demolition,
tree trimming, and similar construction activities shall occur between August 16 and
January 31, outside of the peak nesting period. If such activities must occur inside
the peak nesting season from February 1 to August 15, compliance with the following
is required to prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed
flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the
nest is no longer active. Continue to observe the nest until the chicks have left
the nest and activity is no longer observed. When the nest is no longer active,
construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds,
and to determine when it is safe to commence construction activities. If an active
nest is found, 2 or 1 short follow-up surveys will be necessary to check on the
nest and determine when the nest is no longer active.
13. Prior to the issuance of a building permit, the Applicant shall pay applicable school
fees for the Project.
14. Prior to the issuance of a building permit, the Applicant shall pay applicable property
development tax as required pursuant to NBMC Chapter 3.12 (Property
Development Tax) for the Project.
15. A preliminary application for residential development, filed as PA2025-0056, was
deemed submitted on April 7, 2025 for this Project. The preliminary application
prevents the Project from being subject to any City ordinances, policies, and
standards adopted after the date of submission, except as specified in Government
Code Section 65589.5(o). The Applicant shall provide an in -lieu park dedication
fee pursuant to Chapter 19.52 (Park Dedication and Fees), as required for park
and recreational purposes in conjunction with the approval of this VTTM.
Therefore, the Project will be subject to an in -lieu park fee of $38, 400 per unit which
is the fee that was in effect at the time the preliminary application was deemed
submitted.
16. Prior to the issuance of anV certificate of occupancy, the developer shall pay all
applicable Development Impact Fees (DIFs) in accordance with the adopted fee
schedule.
17. Vesting Tentative Tract Map No. 19396 shall expire seven years from the date of
approval of Resolution No. PC2025-012. Pursuant to Section 19.16.010(A)
(Expiration of Tentative Maps (California Government Code Sections 66452.6,
66463.5)) of the NBMC, an approved tentative tract map expires 24 months after
the date of its approval or conditional approval. Under Section 19.16.020(A)
(Extension of Tentative Maps (California Government Code Sections 66452.6,
66463.5)) of the NBMC, the subdivider shall have the right to request an extension
of the map for up to five years. The subdivider has submitted an application for an
extension of Vesting Tentative Tract Map No. 19396 and has requested that the
extension be granted after the Planning Commission adopts Resolution No
PC2025-012, thus, providing for an initial term of the vesting tentative tract map of
24 months, followed by extension of five years, for a total term of seven years from
the date of approval of Resolution No. PC2025-012.
18. Prior to the issuance of a building permit, an access easement on the adjacent
property (APN No. 458-361-02) shall be recorded to provide the Project access to
Ford Road.
19. Pursuant to NBMC Section 20.49.1210 (Removal of Telecom Facilities), the
Applicant shall inform the Community Development Director by certified mail no less
than 30 days prior to abandonment or discontinued use of a telecom facility.
20. Any future proposed wireless telecommunication facilities, including but not limited to
the relocation of the existing wireless telecommunications monopole, shall conform
with Chapter 20.49 (Wireless Telecommunication Facilities) of the NBMC.
21. Prior to the issuance of a building permit, the Applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought -tolerant planting and water -efficient irrigation practices, and
the plans shall be approved by the Planning Division.
22. The Project shall include landscaping around the perimeter of the Project Site to
adequately screen drive aisles, parking areas, and create a visual buffer between
the public right-of-way and the Project. These plans shall be approved by the
Planning Division.
23. The covenants, conditions and restrictions (CC&Rs) shall require that garages be
used for vehicles and shall prohibit storage of personal items that would otherwise
impede parking of vehicles within the required garage spaces. The CC&Rs shall
prohibit residents from parking in guest parking spaces within the development and
shall prohibit any parking within the parking lot in the Bonita Canyon Sports Park.
24. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems
shall be kept operable, including adjustments, replacements, repairs, and cleaning
as part of regular maintenance.
25. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, in
the opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental
resources. The Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
26. Prior to the issuance of a building permit, the Applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Division.
The survey shall show that lighting values are 'I " or less at all property lines.
27. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule
an evening inspection by the Code Enforcement Division to confirm control of light
and glare specified in conditions of approval.
28. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior
Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable
noise control requirements of the NBMC.
29. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities
that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
30. Prior to the issuance of a building permit, the Applicant shall submit a construction
management plan to be reviewed and approved by the Community Development,
Fire and Public Works Departments. Upon approval of the plan, the Applicant shall
be responsible for implementing and complying with the stipulations set forth in the
approved plan.
31. The exterior of the development shall be always maintained free of litter and graffiti.
The owner or operator shall provide for daily removal of trash, litter debris, and graffiti
from the premises and on all abutting sidewalks within 20 feet of the premises.
32. All trash bins shall be stored within each residential unit and screened from the
view of neighboring properties, except when placed for pick-up by refuse collection
agencies. The Applicant shall ensure that the trash receptacles are maintained to
control odors. The Applicant shall ensure that the trash bins are maintained to
control odors. This may include the provision of periodic steam cleaning of the
trash bin, if deemed necessary by the Planning Division. Cleaning and
maintenance of trash bins shall be done in compliance with the provisions of Title
14, including all future amendments (including Water Quality related
requirements).
33. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
34. The Project shall comply with all applicable mitigation measures within the General
Plan Housing Implementation Program ("GPHIP') Program Environmental Impact
Report ("PEIR') Mitigation Monitoring and Reporting Program ("MMRP') as
specified within Attachment A of the CEQA Consistency Memorandum prepared
by T&B Planning, Inc., dated June, 2025.
35. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current property owner or leasing agent.
36. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs, and expenses (including without limitation, attorney's fees,
disbursements, and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of Ford
Road Townhomes including, but not limited to, Major Site Development Review
(PA2025-0049). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorney's fees, and other expenses
incurred in connection with such claim, action, causes of action, suit, or proceeding
whether incurred by the applicant, City, and/or the parties initiating or bringing the
such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand
any amount owed to the City under the indemnification requirements prescribed in
this condition.
Building Division
37. The Applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City -adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements. Approval from the
Orange County Health Department is required before the issuance of a building
permit.
38. Exterior wall and opening protection shall comply with Chapter 705 of California
Building Code (CBC).
39. The applicant shall employ the following best available control measures
("BACMs") to reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt, or other
dusty material.
Emissions
Suspend all operations on any unpaved surface if winds exceed 25 mph.
Require 90-day low-NOx tune-ups for off -road equipment.
Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any
day to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the
top 6-inch surface layer, subject to review/discretion of the geotechnical
engineer.
40. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the city with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
41. Before the issuance of a grading permit, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
42. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored, or spilled on the site that could impair water quality. These may
include frequent parking area vacuum truck sweeping, removal of waste or spills,
limited use of harmful fertilizers or pesticides, and the diversion of stormwater away
from potential sources of pollution (e.g., trash receptacles and parking structures).
The Stage 2 WQMP shall list and describe all structural and non-structural BMPs.
In addition, the WQMP must also identify the entity responsible for the long-term
inspection, maintenance, and funding for all structural (and if applicable Treatment
Control) BMPs.
Real Property Administrator
43. Prior to the issuance of a building permit, the Applicant shall enter into a license
agreement, easement or similar agreement approved by the City Attorney with the
City for points of access across the City property.
44. Points of access to the City property shall not be used for code required path of
travel or accessible route.
45. The City reserves the right to redevelop City property and remove one or more
points of access to City property.
46. Bonds are required prior to construction if any work is to occur on City Property.
47. Prior to issuance of a building permit, the Applicant shall update plans to ensure
runoff remains onsite or connects to a drain in the public right-of-way, subject to
the satisfaction of the Community Development Director.
Public Works Department
48. Warranty Bond for a minimum of 10% of the engineers cost estimate (final
percentage to be determined by the Public Works Director) shall be released 1-
year after the improvements have been accepted.
49. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
50. An encroachment permit shall be required for all work activities within the public
right-of-way.
51. Prior to the issuance of a building permit, the final construction management plan
(CMP) shall be reviewed and approved by the Community Development Director
and the City Traffic Engineer.
52. Parking layout shall comply with the City Parking Lot Standard 805. Dead-end
drive aisle in public areas shall provide a dedicated turn around space and
minimum 5-foot drive aisle extension.
53. The Applicant shall reconstruct all existing broken and/or otherwise damaged curb,
gutter and sidewalk along the Ford Road frontages per City Standards.
54. All deliveries and move-ins/move-out shall be accommodated on -site and
prohibited from parking or stopping within the public right-of-way.
55. The on -site sewer and water system is planned to be a public system. Final Design
of the water and sewer services is subject to further review by the Public Works
Department during plan check. The public sewer and water system shall be
designed according to the City of Newport Beach standards. All applicable sewer
and water easements shall be dedicated to the City as part of the Tract Map.
56. The Project storm drain system shall be privately owned and maintained. The
storm drain system shall be prohibited from discharging to the adjacent City lots
and shall be redesigned accordingly. Prior to the issuance of a building permit, the
final hydrology and hydraulic report shall be reviewed and approved. Any required
improvements to downstream City infrastructure to accommodate the proposed
project shall be designed and constructed by the proposed project.
57. The parking layout and gate operation within Lot 5 shall be subject to further review
and approval by the Public Works Department.
58. All improvements shall comply with the City's sight distance requirements per City
Standard 105.
Fire Department
59. Onsite fire hydrants shall be required and a fire underground plan submittal
complying with the 2022 National Fire Protection Association (NFPA) Standard 24
shall be a required as a deferred submittal.
60. Residential fire sprinklers complying with the 2022 NFPA Standard 13R shall be
required.
61. Waterflow monitoring systems complying with the 2022 NFPA Standard 72 shall
be required.
62. Fire master plan complying with the Newport Beach Fire Department (NBFD)
Guideline D.08 shall be required as a deferred submittal.
63. Fire rescue opening and laddering pads complying with NBFD Guideline C.05 shall
be required.
*:/:II=3kiit 1
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and
Decisions) of the NBMC, the following findings and facts in support of such findings are
set forth:
Finding:
A. The proposed development is allowed within the subject Zoning District
Facts in Support of Finding:
The Project Site is located within the HO-4 Subarea and is identified as Housing
Opportunity Site No. 141. Pursuant to Section 20.28.050 (B) (Housing
Opportunity (HO) Overlay Zoning Districts — Uses Allowed) in addition to the uses
that are permitted or conditionally permitted in the base zoning district, multi -unit
residential development that meets the 20 to 50 dwelling units per acre density
requirement shall be permitted within the HO Overlay Zoning District.
2. Pursuant to Table 2-16 (Development Standards for Housing Opportunity
Overlay Zones) of Section 20.28.050 of the NBMC, the HO-4 Subarea requires
a density of 20 to 50 dwelling units per acre. Based on the proposed 1.16-acre
lot, the Project results in a density of 23.27 units per acre and meets the density
requirement of the HO-4 Subarea.
3. The HO-4 subarea requires a zero -foot front, side, streetside and rear setback.
However, footnote No. 3 of Table 2-16 requires that any portion of a building
that is over 20 feet in height, which includes the Project's third and fourth floors,
shall provide a 20-foot setback from the street right-of-way. The Project is
bounded to the north by Bonita Canyon Drive and to the south by Ford Road.
Though only the upper floors require a 20-foot setback from the street right-of-
way, the Project provides varying streetside setbacks of 20 to 45-feet from the
entire height of the two buildings nearest to Bonita Canyon Drive and additional
setbacks for the fourth -floor covered patios. The portion of Ford Road directly
adjacent to the Project Site is dedicated as open space and not public right-of-
way; therefore, the upper floor setback would not apply at this location. The
Project also provides varying setbacks for applicable setback areas including,
a 6 to 56-foot, side setback on the northeast, a 4 to 6-foot side setback on the
west, and an 11 to 24-foot rear setback on the southeast of the Project Site.
Therefore, the Project complies with setback requirements.
4. Table 2-16 establishes a maximum height for the HO-4 subarea consistent with
the base zone of the Property, which in this case, is 48 feet. The City Council
adopted Ordinance No. 2025-10 on June 24, 2025, which approved an
amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning
Districts) and Section 20.80.025 (Housing Opportunity Overlay Districts Maps)
of the NBMC. These amendments allowed for the base height limit of 48 feet for
the Project Site. The Project proposes a height of 47-feet, 11 inches to the
highest ridge as measured from the established grade as indicated on the
VTTM pursuant to Section 20.30.050 (13)(1) (Grade Establishment —
Subdivisions) of the NBMC. Independent of Ordinance No. 2025-10, pursuant
to Section 20.30.060(C) (Height Limits and Exceptions — Increase in Height Limit)
of the NBMC, the Project has the flexibility to increase the allowed base height
limit of 37 feet up to 55 feet through the approval of an SDR. Though the Project
is designed within the allowed 48-foot height limit, additional facts in support of
findings to support the height increase, though not required, are included in
Findings D through G in Exhibit "B."
5. Table 2-17 (Residential Off -Street Parking Requirements for Housing
Opportunity Overlay Zones) of Section 20.28.050 (Housing Opportunity (HO)
Overlay Zoning Districts) of the NBMC requires 1.8 spaces per unit that
includes two bedrooms, 2.0 spaces per unit that includes three or more
bedrooms and 0.3 spaces per unit for visitor parking. The Project proposes 27
dwelling units, eight with two bedrooms and 19 with three or more bedrooms,
resulting in a requirement of 61 spaces. The Project provides a two -car garage
for each unit, 10 guest parking spaces and two delivery spaces for a total of 66
onsite parking spaces. The Project therefore complies with the minimum parking
requirement.
6. Pursuant to Section 20.48.185 (Multi -Unit Objective Design Standards) of the
NBMC, multi -unit objective design standards are applicable to any residential
project with a minimum density of 20 dwelling units per acre. These standards
ensure the highest possible design quality and provide a baseline standard for
new multi -unit developments throughout the City. As detailed in the Objective
Design Standards Checklist, which is attached hereto as Exhibit "D" and
incorporated by reference, the Project deviates from the following three
objective design standards:
(1) 20.48.185(R)(1)(a) (Horizontal Modulation — Maximum Building Length);
(2) 20.48.185(R)(1)(c) (Horizontal Modulation — Minimum Depth); and
(3) 20.48.185(R)(1)(d) (Horizontal Modulation — Maximum Number) of the
NBMC.
The Project otherwise complies with the design standards and, in come some
cases, exceeds the intent of the standards. Section 20.40.185(C) of the NBMC
allows for deviations from any objective design standards through the approval
of a SDR if the Applicant can demonstrate that strict compliance with the
standards is not necessary to achieve the purpose of the objective design
standards and that the project possesses compensating design and
development features that meet or exceed the intent of the objective design
standards. The facts in support of the required findings are included in Findings
H through I.
7. The HO-4 subarea requires a minimum building separation of 10 feet. The
Project proposes varying building separations of 22 feet to 33 feet. The Project
therefore complies with the minimum building separation requirement.
8. The HO-4 subarea requires that at least 75 square feet of common space to be
provided per dwelling unit throughout the Project Site with a minimum length
and width of 15 feet. The Project is therefore required to provide a minimum of
2,025 square feet of common open space. Section 20.70 (Definitions) of the
NBMC defines common open space as the land area within a residential
development that is not individually owned or dedicated for public use and that
is designed, intended, and reserved exclusively for the shared enjoyment or
use by all the residents and their guests including but not limited to areas of
scenic or natural beauty, barbecue areas, landscaped areas, turf areas, and
habitat areas. The Project provides a total of 2,857 square feet of common
open area within an outdoor picnic area and firepit lounge area. The Project
therefore complies with the minimum common open space requirement.
9. The HO-4 subarea requires that at least 5% of the proposed gross floor area
per unit be dedicated to private open space. Qualifying areas of private open
space shall have a dimension of at least 6 feet in length and width. Section
20.70 (Definitions) of the NBMC defined private open spaces as outdoor or
unenclosed areas directly adjoining and accessible to a dwelling unit, reserved
for the exclusive private enjoyment and use of residents of the dwelling unit
and their guests including but not limited to a balcony, deck, porch or terrace.
The Zoning Code requires between 96 to 150 square feet of private open space
per unit. The Project provides between 139 to 156 square feet of qualifying
private open space per unit in the form of balconies and covered decks and
therefore complies with the minimum private open space requirement. The
Project provides additional private open space for certain units in the form of
additional balconies. While these areas do not count as qualifying private open
space, as they do not meet the minimum width requirement, the balconies
provide additional private open space areas for residents and furthers the intent
of this requirement.
Finding:
B. The proposed development is in compliance with all of the following applicable
criteria:
Compliance with this section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to the
use or structure;
ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
developments; and whether the relationship is based on standards of good
design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
V. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance
with NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding:
1. The Project Site is categorized as Public Facilities (PF) by the Land Use Element
of the General Plan. However, as indicated in Land Use Policy LU 4.5 (Residential
Uses and Residential Densities) residential use of any property including within an
established housing opportunity overlay zoning district is allowed regardless of and
in addition to the underlying land use category. In this case, the HO-4 subarea
would allow residential development on the Project Site in addition to the uses
allowed in the underlying PF land use category and zoning district.
2. The Project is consistent with the following General Plan Housing Element, Land
Use Element, and Circulation Element policies that establish fundamental criteria
for the formation and implementation of new residential development, including,
but not limited to the following:
a. Housing Element Policy 3.2. Encourage housing developments to
offer a wide spectrum of housing choices, designs, and configurations.
See finding LU 2.3 Range of Residential Choices below.
b. Land Use Element Policy LU 2.3 (Range of Residential Choices).
Provide opportunities for the development of residential units that
respond to community and regional needs in terms of density, size,
location, and cost. Implement goals, policies, programs, and objectives
identified within the City's Housing Element.
The Project proposes a 27-unit residential condominium complex
consisting of for -sale, attached single -unit dwellings offered in four
distinct floor plan configurations ranging from two to four bedrooms and
1,916 to 2,989 square feet. This Project would diversify the City's
housing stock, accommodate a variety of household sizes, respond to
market demand, and support the City's efforts to increase the supply of
housing throughout the City.
c. Land Use Element Policy LU3.2 (Growth and Change). Enhance
existing neighborhoods, districts, and corridors, allowing for re -use and
infill with uses that are complementary in type, form, scale, and
character. Changes in use and/or density/intensity should be considered
only in those areas that are economically underperforming, are
necessary to accommodate Newport Beach's share of projected
regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that
distinguish Newport Beach as a special place to live for its residents.
The scale of growth and new development shall be coordinated with the
provision of adequate infrastructure and public services, including
standards for acceptable traffic level of service.
The Project is proposed on an undeveloped and underutilized property
within an area of the City that is considerably developed. The Project will
add 27 attached single -unit dwellings to the City's housing stock which
furthers the City's efforts of increasing and diversifying the housing
stock. Pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the
NBMC, the Public Works Department reviewed the Project's projected
traffic generation analysis and found that Ford Road would adequately
serve the project. The Project is projected to produce 182 average daily
trips, which does not exceed the 300 average daily trip threshold, and
therefore, no additional traffic analysis is required. Additionally, the
Public Works Department reviewed the submitted sewer and water
demand study and found that no additional sewer system or water line
improvements are required to accommodate the Project, as adequate
infrastructure is available and has sufficient capacity.
d. Land Use Element Policy LU 4.5 (Residential Uses and Residential
Densities). Residential use of any property included within an
established housing opportunity overlay zoning district is allowed
regardless of and in addition to the underlying land use category or
density limit established through Policy LU 4.1, Table LU 1 and Table
LU 2, or any other conflict in the Land Use Element. A general plan
amendment is not required to develop a residential use within an
established housing opportunity zoning overlay district. The maximum
density specified for the various overlay districts specified in Policy LU
4.4 is an average over the entire property or project site. For example,
a portion of a development site may be developed at a higher density
than specified by Policy 4.4 provided other portions of the site are
developed at lower densities such that the average does not exceed the
maximum. Density calculations and total units identified in LU 4.4 do not
include units identified as pipeline units or units permitted pursuant to
State density bonus law.
The Project is located within Housing Opportunity Site No. 141 and is
located within the HO-4 Subarea. The Project proposes 27 residential
condominiums on a 1.16-acre property which yields a density of 23.27
dwelling units per acre, consistent with the allowed density of the HO-4
Subarea.
e. Land Use Element Policy LU 5.1.6 (Character and Quality of
Residential Properties). Require that residential front setbacks and
other areas visible from the public street be attractively landscaped,
trash containers enclosed, and driveway and parking paving minimized.
While Policy LU 5.1.6 is intended for single-family detached and two -unit
projects, the Project includes large setback areas that are thoroughly
landscaped with drought tolerant and noninvasive plant species. While
the HO-4 Subarea does not require any base floor setbacks along the
front, side or rear property lines, the Project provides varying setbacks
including a 20 to 45-foot streetside setback on the north, a 6 to 56-foot,
side setback on the northeast, a 4 to 6-foot side setback on the west,
and an 11 to 24-foot rear setback on the southeast of the Project Site.
This setback design allows the Project to better reflect the character of
a single-family neighborhood. Trash containers will be located within
each dwelling unit's garage and screened from the public right-of-way.
The visibility of driveway and parking paving has been minimized
through use of landscaping to prevent an unpleasant visual experience
to the surrounding neighborhood.
f. Land Use Element Policy LU 5.1.9 (Character and Quality of Multi -
Family Residential) Require that multi -family dwellings be designed to
convey a high -quality architectural character in accordance with the
following principles:
Building Elevations
Treatment of the elevations of buildings facing public streets and
pedestrian ways as the principal fagades with respect to architectural
treatment to achieve the highest level of urban design and neighborhood
quality.
Architectural treatment of building elevations and modulation of mass to
convey the character of separate living units or clusters of living units,
avoiding the appearance of a singular building volume
Provide street- and path -facing elevations with high -quality doors,
windows, moldings, metalwork, and finishes.
Ground Floor Treatment
Set ground -floor residential uses back from the sidewalk or from the
right-of-way, whichever yields the greater setback to provide privacy and
a sense of security and to leave room for stoops, porches and
landscaping.
Raise ground -floor residential uses above the sidewalk for privacy and
security but not so much that pedestrians face blank walls or look into
utility or parking space.
Encourage stoops and porches for ground -floor residential units facing
public streets and pedestrian ways.
Roof Design
Modulate roof profiles to reduce the apparent scale of large structures
and to provide visual interest and variety.
Parkin p
Design covered and enclosed parking areas to be integral with the
architecture of the residential units' architecture.
Open Space and Amenity
Incorporate usable and functional private open space for each unit.
Incorporate common open space that creates a pleasant living
environment with opportunities for recreation.
As detailed in the Objective Design Standards Checklist, which is
attached to the resolution as Exhibit "D" and incorporated by reference,
the Project complies with the majority (49 of 52) of the applicable
objective design standards and in some cases exceeds the intent of the
standards. However, the Applicant requests minor deviations of three
objective design standards. The Objective Design Standards were
developed to implement Land Use Policy LU5.1.9, therefore compliance
with these standards with negligible deviation ensures that the Project is
consistent with Land Use Policy LU5.1.9.
g. Land Use Element Policy LU 5.6.1 (Compatible Development).
Require that buildings and properties be designed to ensure
compatibility within and as interfaces between neighborhoods, districts,
and corridors
Although the Project Site has an irregular shape, the Project design
compactly arranges the four separate buildings to maximize site
efficiency and preserve larger than required setbacks. The Bonita
Canyon Sports Park unique parcel shape extends in front of the
northwest portion of the Project Site, further setting back the proposed
development up to 50 feet from the Bonita Canyon right-of-way in that
location. The Project site design includes interior drive aisles and
resident amenity areas which are screened from public view. The
Project's large setbacks, landscaped edge conditions, and location of
drive aisles and residential amenities reduce the visual impact of the
Project and ensures compatibility with the surrounding neighborhood.
h. Land Use Element Policy LU 5.6.2 (Form and Environment). Require
that new and renovated buildings be designed to avoid the use of styles,
colors, and materials that unusually impact the design character and
quality of their location such as abrupt changes in scale, building form,
architectural style, and the use of surface materials that raise local
temperatures, result in glare and excessive illumination of adjoining
properties and open spaces, or adversely modify wind patterns.
The contemporary coastal architectural style of the Project has been
designed to portray the character and quality of the nearby Harbor View
community. Architectural articulations and high -quality materials
including brick and wood siding are utilized to blend in with the character
of the surrounding community. Additionally, the Project includes two
color schemes: a coastal color scheme with whites, greys and light
blues, and a neutral, earthy, color scheme with beige, brown, light green
and light white. These color schemes allow for a natural and coastal feel
which is consistent with the typical designs of new homes throughout
the City.
i. Land Use Element Policy LU 5.6.3 (Ambient Lighting). Require that
outdoor lighting be located and designed to prevent spillover onto
adjoining properties or significantly increase the overall ambient
illumination of their location.
The Project has been conditioned to require the Applicant to prepare a
photometric study in conjunction with a final lighting plan which shows
that lighting values are "1" or less at all property lines. The Project has
also been conditioned to allow the Community Development Director to
order the dimming of light sources or other remediation upon finding that
the illumination creates an unacceptable negative impact on
surrounding land uses or environmental resources.
Land Use Policy LU 6.15.23 (Sustainable Development Practices).
Require that development achieves a high level of environmental
sustainability that reduces pollution and consumption of energy, water,
and natural resources. This may be accomplished through the mix and
density of uses, building location and design, transportation modes, and
other techniques. Among the strategies that should be considered are
the integration of residential with jobs -generating uses, use of alternative
transportation modes, maximized walkability, use of recycled materials,
capture and re -use of storm water on -site, water conserving fixtures and
landscapes, and architectural elements that reduce heat gain and loss.
The Project is required to comply with the provisions of the Building and
Energy Efficiency Standards (CCR, Title 24, Parts 6 — California Energy
Code) and the Green Building Standards Code (CCR, Title 24, Part 11
- CALGreen). Additionally, the Project would implement water -efficient
landscaping, water quality best management practices and low impact
development practices. The Project is within proximity to Newport
Center commercial and office developments and would provide housing
near this employment center. The Project includes pedestrian linkage to
the Ford Road public sidewalk and Bonita Canyon Sports Park Trail
which provide pedestrian and bicyclist connections to nearby
destinations such as Newport Center, approximately two miles away,
and the Newport Hills Shopping Center, one mile away. The Project is
also located in close proximity to the existing Orange County
Transportation Authority (OCTA) bus routes provided along Ford Road
and Bonita Canyon Drive.
k. Circulation Element Policy CE 2.3.3 (New Development Maintained
Responsibility). Ensure minimization of traffic congestion impacts and
parking impacts and ensure proper roadway maintenance through
review and approval of Construction Management Plans associated with
new development proposals in residential neighborhoods.
The Project has been conditioned to require the Applicant to prepare a
construction management plan to be reviewed and approved by the
Community Development, Fire and Public Works Departments. This
ensures that any traffic congestion impacts associated with the
construction process is minimized to the greatest extent possible.
I. Circulation Element Policy CE 7.1.7 (Project Site Design
Supporting Alternate Modes). Encourage increased use of public
transportation by requiring project site designs that facilitate the use of
public transportation and walking.
See finding LU 6.15.23 Sustainable Development Practices above.
3. Facts 1 through 9 in support of Finding A are hereby incorporated by reference.
4. The Project Site is not located within a Specific Plan Area.
5. The Project includes various intentional architectural design features including
recessed balconies, varied rooflines, and material changes with a neutral, earthy
and coastal color pallet. These design features result in well -articulated facades
which reduce the visual bulk of the Project and allow each unit to appear as distinct
homes rather than a single, unarticulated, building. Additionally, the Project is
integrated with the Bonita Canyon Sports Park through the use of landscaping and
pedestrian walkways.
6. The Project will utilize an existing curb cut for vehicular access from Ford Road.
The curb opening will be shared between the Project Site and the adjacent AT&T
facility property; however, a distinct drive aisle will be constructed for the Project.
Offsite improvements include the installation of a gate restricting access to the AT&T
facility parking lot.
7. The Project landscaping complies with Chapter 14.17 (Water -Efficient
Landscaping) and Chapter 20.36 (Landscaping) of the NBMC. Additionally, the
Project complies with the City's Water Efficient Landscape Ordinance ("WELO")
which requires the installation and maintenance of drought tolerant and
noninvasive plant species. The Project's varied setbacks, 6 to 56 feet, allows for
substantial perimeter landscaping, with enhanced treatments along Bonita Canyon
Drive to improve the view for motorists and residents to the north, and along Bonita
Canyon Sports Park Trail to enhance the pedestrians and park user experience.
Landscaping is also integrated throughout the Project Site, including around the
picnic and firepit areas to enhance the residential experience.
8. Pursuant to Section 20.30.100 (Public View Protection) of the NBMC, projects shall
preserve significant visual resources from public views and corridors including
identified in Figure NR 3 (Coastal Views) of the Natural Resources Element of the
General Plan. The Project Site is not within the vicinity of any Public Viewpoints,
nor any Coastal View Roads as identified in Figure NR3. The nearest designated
public viewpoint is located at Big Canyon Park, over a mile west of the Project Site.
The nearest designated coastal view road is MacArthur Boulevard, south of the
San Joaquin Hills Road, over a mile south of the Project Site. Due to the distance
and urbanized nature of the Project area, the Project is not anticipated to impact
any public views.
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, nor will it
endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of person residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
1. The Project has been designed to minimize aesthetic impacts to the
surrounding neighborhood to the greatest extent possible by providing an
architecturally pleasing contemporary coastal architectural style design with
articulation and high -quality materials.
2. The Project has been designed to have adequate, efficient, and safe pedestrian
and vehicular access to and from the Project Site within driveways, parking,
and loading areas. The Project includes the drive aisles that are located within
the Project Site, behind the proposed buildings, which will significantly buffer
any vehicle noise produced. The Project is also designed to accommodate and
provide safe access for emergency vehicles and refuse collection vehicles
through the Ford Road access point.
3. The Project Site is adjacent to Bonita Canyon Drive, a four -lane primary arterial
road with a central median and Ford Road, a two-lane connector road with a
central median. These two roads create large buffers between the Project and
the adjacent residential neighborhoods to the north and south.
4. Pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC, the Public
Works Department reviewed the Project's traffic generation analysis prepared
by Pirzadeh & Associates Inc, dated May 13, 2025, which projected 182
average daily trips. The Public Works Department found that found that Ford
Road would adequately serve the Project, and no additional traffic analysis is
required.
5. The Project requires 61 onsite parking spaces; however, the Project provides
66 onsite parking spaces, including a two -car garage for each unit, 10 guest
parking spaces and two delivery spaces. The additional parking and individual
unit garage parking will mitigate the use of street parking on Ford Road or the
adjacent parking lot within the Bonita Canyon Sports Park.
6. The Project has been conditioned to require the Applicant to prepare a
photometric study in conjunction with a final lighting plan which shows that
lighting values are "1" or less at all property lines. The Project has also been
conditioned to allow the Community Development Directorto orderthe dimming
of light sources or other remediation upon finding that the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources.
7. The Project will comply with all Building, Public Works, and Fire Codes, along
with all City ordinances and all conditions of approval which are attached to the
resolution as Exhibit "A."
Height Increase
The HO-4 subarea limits heights to that of the base zoning district. The underlying zoning
district is Public Facilities (PF) which is regulated by the Nonresidential, Nonshoreline
Height Limit Area. In this height limit area, the base height limit for structures with flat
roofs is 32 feet and the base height limit for structures with sloped roofs is 37 feet.
However, the City Council adopted Ordinance No. 2025-10 on June 24, 2025, which
approved an amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning
Districts) and Section 20.80.025 (Housing Opportunity Overlay Districts Maps) of the
NBMC. These amendments allowed for the base height limit of 48 feet for the Project Site.
Notwithstanding the foregoing, the findings in support of the SDR to allow an increase in
the height of a structure above the base height pursuant to Section 20.52.080(F) (Site
Development Reviews — Findings and Decision) are set forth herein:
Finding:
D. The project applicant is providing additional project amenities beyond those that
are otherwise required. Examples of project amenities include, but are not limited
to:
i. Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views;
Facts in Support of Finding:
1. The HO-4 subarea is not subject to any minimum setback requirement for portions
of a building that are below 20-feet in height, which is the Project's first and second
floors. However, the Project voluntarily integrates varying setbacks of 6 to 56 feet
at the first floor with additional setbacks on the higher levels. These setbacks help
create more open areas throughout the Project Site than would otherwise be
required by the NBMC.
2. The HO-4 subarea is not subject to any maximum lot coverage requirement.
However, the compact site design of the Project is accommodated through the
taller builder design which results in a lot coverage of approximately 45%. In
comparison, properties located within the Multiple Residential (RM-6000) Zoning
District are allowed a maximum lot coverage of 60%. The Project provides
additional open area through its compact design and less horizontal massing to
reduce the site coverage compared to what is allowed a RM-6000 District,
accomplished with the additional height of each building.
3. Fact 9 in Support of Finding A is hereby incorporated by reference.
4. The provided setbacks, open areas, and lower lot coverage offer amenities beyond
those otherwise required by the HO-4 subarea and contributes to a more visually
appealing project for the neighborhood.
Finding:
E. The architectural design of the project provides visual interest through the use of
light and shadow, recessed planes, vertical elements, and varied roof planes;
Facts in Support of Finding:
1. Facts 5 in support of Finding B are hereby incorporated by reference.
2. Architectural articulations and varied materials including high -end stone, brick and
wood siding are provided to mirror the high -quality design of the neighborhood.
3. The Project is subject to comply with the City's Multi -Unit Objective Design
Standards which ensure a high -quality design. As detailed in the Objective Design
Standards Checklist which is attached to the resolution as Exhibit "D" and
incorporated by reference, the Project deviates from three objective design
standards but otherwise complies with the design standards and, in some cases,
exceeds the intent of the standards. The facts in support of findings are included
under Findings H and I.
Finding:
F. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed
structure(s) provides a gradual transition to taller or shorter structures on abutting
properties.
Facts in Support of Finding:
1. The Project is surrounded by the Newport Bluff apartment complex to the north
across Bonita Canyon Drive, a parking lot within the Bonita Canyon Sports Park to
the west, the Harbor View community to the south across Ford Road and the AT&T
facility to the east.
2. The Project is separated from the Newport Bluffs apartment complex by Bonita
Canyon Drive, a four -lane primary arterial road with a center median landscaped
with trees ranging from 15 to 30 feet in height, and approximately 185 feet from
the Project's northmost structures. The Project has been conditioned to include
perimeter landscaping along Bonita Canyon Drive, including trees, which will
further buffer and soften the fagade of the Project and ensure scale compatibility
is maintained.
3. The Project is separated from the Port Street neighborhood by Ford Road, a two-
lane connector road with a center median landscaped with trees ranging from 45
to 60 feet in height. The nearest single unit dwelling within the Port Street
neighborhood is approximately 230 feet from the Project's southmost structure.
Homes within the Harbor View community consist of single -story to two-story
structures and have an allowed maximum height of up to 32 feet. The adjacent
AT&T building is approximately 35 feet in height. The changing scale of structures,
intervening road with large street trees and distance provides a harmonious
transition from the two-story Harbor View community to the Project.
4. The Project's westmost structure is separated from the usable area of the Bonita
Canyon Sport Park by approximately 185 feet. Intervening uses include the large
parking lot and landscape buffer with trees ranging from 15 to 30 feet in height. In
addition to the visual screen provided by the landscaping the setbacks and
landscaping within the park adjacent to the Project site, the Project provides upper
floor setbacks, balconies, covered decks, and varied rooflines which prevent the
appearance of an overly bulky building oriented towards the parking lot and park
beyond.
5. The Project height is otherwise allowed pursuant to Ordinance No. 2025-10 as
adopted by the City Council on June 24, 2025, which approved an amendment to
Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of
Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and Section
20.80.025 (Housing Opportunity Overlay Districts Maps) of the NBMC to allow for
the base height limit of 48 feet for the Project Site. These amendments become
effective on July 26, 2025.
Finding:
G. The structure will have no more floor area than could have been achieved without
the approval of the height increase.
Fact in Support of Finding:
Pursuant to Table 2-16 (Development Standards for Housing Opportunity Overlay
Zones) of Section 20.28.050 of the NBMC, the HO-4 Subarea does not have a
floor area ratio (FAR) limitation.
Muli-Unit Objective Design Standards Deviation
In accordance with Section 20.48.185(A) (Multi -Unit Objective Design Standards —
Purpose) of the NBMC, the Project is seeking deviation from the following Multi -Unit
Objective Design Standards:
a) Section 20.48.185(R)(1)(a) (Horizontal Modulation — Maximum Building Length)
b) Section 20.48.185(R)(1)(c) (Horizontal Modulation — Minimum Depth)
c) Section 20.48.185(R)(1)(d) (Horizontal Modulation — Maximum Number)
Approval of a SDR to allow deviation of multi -unit objective design standards is allowed
only after making all the following findings:
Finding:
H. The strict compliance with the standards is not necessary to achieve the purpose
and intent of this section.
Facts in Support of Finding:
Section 20.48.185(R)(1)(a) (Horizontal Modulation — Maximum Building Length) of
the NBMC limits building length to 150 feet. The Project proposes two eight -unit
buildings with a length of 155-feet. The intent of the building length requirement is
to prevent lengthy unarticulated building masses. The Project addresses this by
incorporating varied rooflines, balconies, fagade projections and recessions, and
material variation which creates the appearance of distinct units and breaks up the
building's overall length and massing. The building provides more than the
required articulation and upper floor setbacks which ensures the building length is
less visually obtrusive.
2. Section 20.48.185(R)(1)(c) (Horizontal Modulation —Minimum Depth) of the NBMC
requires all building recesses or projections to be a minimum of 2 feet in depth.
The Project proposes a variety of different recesses and projections including
upper floor setbacks, balconies and covered patios which range from 6 inches to
12 feet. The intent of this requirement is to allow for sufficient depth of recesses
and projections so that building lengths are sufficiently modulated. While some of
the Project's recesses and projections are less than two feet in depth, the Project
provides large upper floor setbacks, balconies, and patios between 5 and 12 feet.
The Project provides additional depth for other recesses and projections features
which ensures building length is less visually obtrusive.
3. Section 20.48.185(R)(1)(d) (Horizontal Modulation - Maximum Number) of the
NBMC require a maximum of two recesses or projections per facade. The Project
includes more than two recesses and projections in both of the largest buildings
within the development. Due to their length, the additional recesses and
projections allow for sufficient modulation to each unit. The intent of this
requirement is to avoid lengthy and plain building faces. Limiting the design to only
two recesses or projections would result in less modulation, less visual interest,
and a building less reminiscent of townhomes. The Project is furthering the intent
of this requirement by sufficiently modulating the eight-plex building, which results
in a less visually obtrusive building length.
Finding:
The project possesses compensating design and development features that offset
impacts associated with the modification or waiver of standards.
Facts in Support of Finding:
All facts in support of Finding H are hereby incorporated by reference.
2. Facts 3 and 9 in support of Finding A are hereby incorporated by reference.
3. Section 20.48.185(D)(1)(a) (Muli-Unit Objective Design Standards — General
Standards) of the NBMC requires that development with more than eight buildings
to provide a minimum of two distinct color schemes. The Project includes only four
buildings, however, the Project voluntarily provides two distinct color schemes.
These include a coastal color scheme with whites, greys and light blues, and a
neutral, earthy, color scheme with beige, brown, light green and light white. These
color schemes allow for a natural and coastal feel which is consistent with the
typical designs of new homes throughout the City.
Additional Findings
1. The Project Site is designated as a Housing Opportunity Site under the City of
Newport Beach's certified 6th Cycle Housing Element, approved by the City
Council and certified by the California Department of Housing and Community
Development. Pursuant to that approval, a residential overlay was placed on the
site, allowing for the development of the proposed 27 residential units. This overlay
designation is supported by the certified PEIR, approving the MMRP, and adopting
Findings and a Statement of Overriding Considerations related to the
implementation of the Housing Element involving amendments to the General
Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21
(Local Coastal Program Implementation Plan) of the NBMC.
2. The Project Site is located within the HO-4 (Newport Center) Subarea of the
Housing Opportunity (HO) Overlay Zoning District. The Project Site is designated
as Public Facilities (PF) by the General Plan Land Use Element and is located
within the Public Facilities (PF) Zoning District. The City Council's duly adopted
Housing Element and accompanying actions establish the HO-4 (Newport Center)
Subarea as a valid residential zoning mechanism consistent with California
Government Code Sections 65583 and 65583.2. At the time of project approval,
the certified Housing Element and residential overlay are in full legal effect.
3. The Project is not subject to further environmental review pursuant to Section
21083.3 of the Public Resources Code and Section 15183 of the CEQA
Guidelines, because the Project does not change the underlying land use or zoning
designations and would not result in new significant impacts or significant impacts
that would be substantially more severe than those disclosed in the PEIR.
4. Further, the proposed 27-unit residential project does not trigger Charter Section
423 (Greenlight) because it does not seek a General Plan Amendment.
Furthermore, even if a General Plan Amendment was sought the amendment
would not be considered "major" because the proposed project is less than 100
dwelling units, has less than 100 peak hour trips (traffic) and has no commercial
component (thus, it is less than 40,000 square feet of floor area). Therefore, even
without reliance upon the HO-4 (Newport Center) Subarea, no public vote is
required for this proposed project under Greenlight.
5. In the event the Housing Element and General Plan amendments are invalidated
by court order, the City nonetheless finds that the Project may be approved for the
following reasons:
1. The certified PEIR, which is final and lawful, serves as a valid and
independent basis for establishing the suitability of residential development
at this site.
2. Under CEQA and California Government Code Section 65457 (exemption for
residential projects consistent with a specific plan or general plan EIR), the
certified PEIR's confers legal stability on the City's approval, including its
reliance on the HO-4 subarea of the Housing Opportunity (HO) Overlay
Zoning District for land use purposes.
3. The City's approval advances the statewide interest in addressing housing
needs, consistent with California Government Code Section 65589.5, and
supports the City's good faith compliance with state law. Preventing the
development of 27 residential units —already environmentally analyzed and
approved —due solely to procedural uncertainty would run contrary to both
local planning policy and state housing mandates.
EXHIBIT "C"
CEQA Consistency Memorandum Prepared by T & B Planning, Inc., Dated June, 2025
File available via link due to size:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=3171539&dbid=0&repo=CNB
EXHIBIT "D"
OBJECTIVE DESIGN STANDARD CHECKLIST
4��wro,4,T Objective Design Standards Checklist
,
F Community Development Department
v : Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
IF 0 WK N;. (949) 644-3204
www.newportbeachca.gov
Disclaimer: This checklist is intended to help ensure compliance with Section 20.48.185 (Multi -Unit Objective Design
Standards) of the Newport Beach Municipal Code (NBMC). It does not include all design and development standards
from other sections of the NBMC, planned community development plans, or any overlay zoning district; however,
compliance with all applicable standards is still required. If you have questions on which standards apply to your project,
please contact a planner at 949-644-3204.
Name of applicant: Ford Road Ventures LLC
Date: April 17, 2025
Project Address: 1650 & 4302 Ford Road, Newport Beach, CA 92660 (APNs 458-361-10 & 458-361-02)
Project Application # (City staff to fill out) PA2025-0049
Development Type:
❑✓ Multi Family Unit Residential
❑ Mixed Use Development
Project Site Context (check all that apply)
❑ Situated adjacent to existing residential development
❑ Situated next to existing commercial development
❑ Situated adjacent to designated historical structure
❑✓ Other Adjacent to AT&T property and Bonita Canyon Sports Park
20.48.185
Applicant
Staff
Objective Design Standards
Evaluation
Evaluation
Checklist Items
Yes
No
N/A
Yes
No
NIA
Drawing
Reference
A. General Standards
1: Multi -unit development orientation
a. Development color scheme (8+ buildings)
✓
✓
b. Development color scheme (30+ buildings)
✓
c. Pedestrian walkways and linkages
✓
✓
d. Architectural variety and features
✓
✓
e. Structured parking visibility
✓
✓
f. Corner lot loading docks/service areas
✓
✓
g. Parking facility entrances
✓
✓
City of Newport Beach
Objective Design Standards Checklist
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes
No
N/A
Yes
No
NIA
Drawing
Reference
_
2: Mixed -use buildings orientation
a. Commercial unit entrances
✓
b. Residential unit entrances
✓
✓
B. Orientation
1. Orientation to primary public street
2: Screening of parking areas
✓
3: Multi -unit projects across from single-family
✓
✓
4: Building arrangement for outdoor space
�C. Parking Standards
1: Parking compliance with NBMC 20.40.070
✓
✓
✓
✓
a. Parking lot placement
✓
✓
b. Landscaped area
2: Residential garages
a. Street facing garage door
i. Consistent garage and building architecture
✓
ii. Arbor or other similar feature
✓
✓
3. Parking structures and loading bays
a. Shielding of parked vehicles
✓
✓
b. Minimize blank concrete facades
D. Common Open Space (C.O.S)
1: Common recreation area requirement ✓
✓
✓
✓
2: Residential entry distance from C.O.S.
✓
✓
3: Pedestrian walkway connection points
✓
4: Open space location
✓
✓
5: Usable open space grade
✓
✓
6: Seating and lighting
F
E. Recreation Activities
1: Play area location and visibility
✓
✓
2: Senior housing areas of congregation
✓
3: Recreational amenities per unit count
✓
2 1 P a g e
City of Newport Beach
Objective Design Standards Checklist
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes
No
N/A
Yes
No
N/A
Drawing
Reference
F. Landscaping
1: Min. 8% of total site landscaped
✓
2: Landscaping materials
a. Ground cover
b. Nonliving decorative landscaping
✓
✓
c. Turf areas for recreation
✓
✓
3: Landscaping and irrigation
✓
✓
G. Frontage Types and st
1: Storefronts
a. Ground floor elevation location
b. Entrance using one of given methods
c. Windows and/or glass doors coverage
✓
d. Upper floor facade window coverage
✓
✓
e. Floor to floor height (15 ft)
✓
✓
f. Awnings or marquees min/max height
2: Live work/office fronts
a. Ground floor elevation location
✓
✓
b. Entrance for ground floor tenant
✓
c. Entrance for upper floor tenants
✓
d. Ground floor facade coverage
✓
e. Upper -level facade coverage
✓
✓
f. Ground floor to ceiling height
✓
g. Awnings or marquees min/max height
✓
✓
h. Setbacks
✓
✓
3: Residential fronts
a. Ground floor elevation
i. Garage length of building facade
✓
✓
ii. Entrance for ground floor tenants
✓
✓
iii. Entrance for upper -floor tenants
✓
✓
iv. Ground and upper floor facade coverage
✓
✓
v. Setbacks
✓
✓
3 1 P a g e
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim 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. 2025-55 was duly introduced before and adopted by the City Council of said City at a regular meeting
held on the 261h day of August, 2025, and that the same was so passed and adopted by the following vote,
to wit:
AYES: Mayor Joe Stapleton, Councilmember Michelle Barto, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik
Weigand
NAYS: None
RECUSED: Mayor Pro Tern Lauren Kleiman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 27th day of August, 2025.
Molly Perry i
Interim City Cleh
City of Newport Beach,