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HomeMy WebLinkAbout20 - Overriding OC Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine AvenueQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report October 28, 2025 Agenda Item No. 20 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jaime Murillo, Acting Community Development Director - 949-644- 3209, jmurillo@newportbeachca.gov PREPARED BY: Joselyn Perez, Senior Planner - 949-644-3312, jperez@newportbeachca.gov TITLE: Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue ABSTRACT: Back Bay Barrells, LLC seeks to redevelop the central portion of the privately owned and operated Newport Beach Golf Course (NBGC). The existing driving range, putting green, pro shop, restaurant and bar, and three holes of golf would be removed and replaced with a new surf -focused outdoor commercial recreation use (surf park). The site would be improved with approximately five acres of surfing lagoon surrounded by viewing platforms, seating, pools, a spa, restrooms, landscaping, and 351 surface parking spaces. The proposed hours of operation for the surf park are from 6 a.m. to 11 p.m., daily. The project includes the construction of a new three-story amenity clubhouse building and a two-story athlete accommodation building with 20 rooms. As golf operations are proposed to continue, existing access would be maintained to the NBGC holes identified as the "front six" and the "back nine." For the City Council's consideration is the adoption of four resolutions to authorize the project by: 1) approving the General Plan Amendment; 2) approving the site development review, conditional use permit and modification permit; 3) certifying the Environmental Impact Report; and 4) overriding the August 7, 2025, Orange County Airport Land Use Commission (ALUC) determination that the project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Pursuant to California Public Utilities Code Section 21676(b), approval of the project and the adoption of the resolution to override the ALUC requires a two-thirds majority vote of the City Council. RECOMMENDATIONS: a) Conduct a public hearing; b) Adopt Resolution No 2025-71, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment for the Surf Park Project Located at 3100 Irvine Avenue (PA2024-0069); 20-1 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 2 c) Adopt Resolution No 2025-72, A Resolution of the City Council of the City of Newport Beach, California, Approving a Major Site Development Review, Conditional Use Permit, and Modification Permit to Authorize the Construction and Operation of the Surf Park with Ancillary Uses and Types 47 (On -Sale General Eating Place), 58 (Caterer), and 68 (Portable Bar) Alcoholic Beverage Control Licenses for the Property Located at 3100 Irvine Avenue (PA2024-0069); d) Adopt Resolution No 2025-73, A Resolution of the City Council of the City of Newport Beach, California, Certifying Environmental Impact Report (State Clearinghouse SCH Number 2024110238), Including a Mitigation Monitoring and Reporting Program and Adopting Findings for the Surf Park Project Located at 3100 Irvine Avenue (PA2024- 0069); and e) Adopt Resolution No 2025-74, A Resolution of the City Council of the City of Newport Beach, California, Finding the Surf Park Project Located at 3100 Irvine Avenue Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination of Inconsistency with the 2008 John Wayne Airport Environs Land Use Plan (PA2024-0069). DISCUSSION: As shown in Figure 1 on the next page, the Newport Beach Golf Course (NBGC) is separated into three physically distinct areas: the northern, central, and southern portions. The northern portion is mostly located outside of Newport Beach's boundaries and is owned by the County of Orange. The central and southern portions are owned by Newport Golf Club, LLC. The NBGC is not a City -owned or City -operated golf course. The project is proposed for the central portion, located at 3100 Irvine Avenue (Site). 20-2 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 3 Figure 1, Extent of NBGC with project site outlined in red The Site is located within an urban area of the City that is considerably developed. Beginning to the north of the Site and moving clockwise, surrounding land uses include the "The Jetty" commercial center, holes 10-18 of the NBGC, multi -tenant office buildings, Newport Beach Fire Station No. 7, holes 3-8 of the NBGC, "The Ranch" retail shopping center, and multi -family residential. The Santa Ana Delhi Channel is located along the northwesterly Site boundary. The Site is currently developed with a 38-bay, partially covered, synthetic turf driving range, an approximately 1,050-square-foot putting green, a one-story, approximately 8,975-square-foot clubhouse building, and three holes of the NBGC (holes 1, 2, and 9). The existing clubhouse includes a pro shop and a restaurant that seats 233 people, and a surface parking lot with 280 parking spaces. Protect Description Back Bay Barrels, LLC (Applicant) proposes to remove all existing improvements on the central portion of the NBGC and redevelop the Site into a new surf -focused outdoor commercial recreation use (surf park). As shown below in Figure 2, the Site would be improved with approximately five acres of surfing lagoon surrounded by viewing platforms, seating, pools, restrooms and landscaping. 20-3 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 4 Figure 2, Project rendering looking south The surf lagoon would be divided into two, 5.1-million-gallon, hydrologically separated, basins that would be up to 13 feet deep. Wave machinery would bisect the basins. Light poles 71 feet high would light the lagoon for evening use, focusing down onto the surf lagoon. Additional lagoon equipment, such as the heating equipment, would have a height of approximately 15 feet and would be located northeast of the surf lagoon, near the northernmost parking area. Hours of operation for the surf park are proposed from 6 a.m. to 11 p.m., daily. The project includes a robust open space and landscaping plan with roughly 20% of the total site, or 143,844 square feet, planted with drought tolerant ornamental landscaping. Nearly 35% of the site, or 235,650 square feet, will be provided as open space. Also included in the project is the relocation of an existing, undersized driveway on Mesa Drive, roadway striping, and a sewer line upgrade and relocation. The project includes the construction of a new three-story, 50-foot tall, amenity clubhouse building which would provide a reception and lobby area, surf academy, fitness facility, yoga center, administrative offices, locker rooms, retail space, a restaurant, viewing suites, and a coffee and snack bar. The basement level would provide space for golf cart storage, along with surfboard storage, facility storage, and mechanical equipment. Alcohol service would be provided within the clubhouse and throughout the grounds through Type 47 (On -Sale General - Eating Place), Type 58 (Caterer License), and Type 68 (Portable Bar) Alcohol Beverage Control (ABC) Licenses. The project also includes construction of a two-story, 40-foot-high athlete accommodation building with 20 rooms. In total, the project would construct approximately 79,533 square feet of area; however, 19,761 square feet is excluded from the total development limit of the site as incidental building area consistent with Table LU1 (Land Use Plan Categories) of the General Plan for properties categorized as Parks and Recreation. 20-4 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 5 The surf park will be served by 351 parking spaces across two surface lots, partially covered by 14- to 18-foot-high solar canopies. These canopies, along with solar panels on the surf park buildings, will provide onsite renewable energy to help offset the project's operational power needs. As part of its operation and as an amenity for locals and a regional destination for visitors, the surf park anticipates hosting approximately 12 surf events or competitions annually. These special events will be ticketed and similar in scale to other local sporting events. Golf operations are proposed to continue, with existing access maintained to the front six and back nine holes of the golf course. The NBGC currently operates under Use Permit No. UP1594, which will remain in full force and effect. Importantly, access to the northern and southern portions of the NBGC will be maintained both during construction and operation, minimizing any disruptions to golf availability. Construction would take approximately 18 months and includes demolition, site preparation, grading, installation of infrastructure and utilities, followed by building construction, pavement, and then architectural coatings. The following approvals are required from the City to implement the project as proposed: • General Plan Amendment (GPA) — To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU 2 of the General Plan Land Use Element; • Major Site Development Review (SDR) — To construct a nonresidential building larger than 20,000 square feet in area; • Conditional Use Permit (CUP) — To allow the operation of an outdoor commercial recreation use, to authorize alcohol sales within the amenity clubhouse and throughout the grounds of the surfing lagoon, to establish the appropriate parking rate, and to allow the construction of buildings taller than 18 feet; • Modification Permit (Mod) — To allow for the construction of retaining walls taller than 8 feet in height; and • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals. General Plan Amendment (GPA The Site is designated as Parks and Recreation (PR) in the General Plan Land Use Element. Intended uses for PR designated properties include active and passive parks, golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private 20-5 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 6 recreation, and similar facilities. The Site is also identified as Anomaly Number 58 in Table LU2 and carries a development limit of 20,000 square feet. While the Project is fully consistent with the intended development type described for the PR designation, it requires a GPA to increase the development limit by 39,772 square feet to 59,772 square feet. The Site's PR designation will remain unchanged. The updated Table LU2 for Anomaly Number 58 is provided as Exhibit C of Attachment A. A complete consistency analysis of each applicable General Plan policy is included as Exhibit D of Attachment A. The analysis concludes that the project is consistent with the adopted goals and policies of the General Plan. Charter Section 423 (Measure S) Analysis ("Greenlight') Charter Section 423 requires voter approval for any major GPA. A major GPA is defined as one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM or PM), or increases residential dwelling units by 100 units. These thresholds apply to the total increase resulting from the amendment itself, plus 80% of the increases from other amendments affecting the same Statistical Area adopted within the preceding 10 years. The Site is located within Statistical Area J-5. As required by Charter Section 423, prior amendments within statistical areas are cumulatively tracked for a period of 10 years at 80% of their initial values. One GPA within Statistical Area J-5 has been approved in the last 10 years. Trip generation for the purpose of the Charter Section 423 analysis was calculated using the blended rate for "public, semi-public, and institutional uses" as specified in City Council Policy A-18. Table 1 below summarizes the calculations used to determine whether a vote is required. Notably, none of the thresholds outlined in Charter Section 423 are exceeded; therefore, no voter approval is required should the City Council choose to approve this GPA. Table 1, Charter Section 423, Measure S Analysis for Statistical Area J-5. Amendments Increased Density (DU) Increased Intensity (SF) Peak Hour Trip Increase A.M. P.M. PA2020-041 (Shvetz Subdivision) 1 NA 0.75 1.01 Total Prior Increases 1 NA 0.75 1.01 80% of Prior Increases .8 NA 0.60 .81 100% of Proposed PA2024-0069 0 39,772 59.66 59.66 Total .8 39,772 60.26 60.26 Threshold 100 40,000 100 100 Remaining 99.2 228 39.74 39.74 Vote Required? No No No No Tribal Consultation (Senate Bill 18 and Assembly Bill 52) Pursuant to California Government Code Section 65352.3 (SB 18), a local government is required to contact the appropriate tribes identified by the Native American Heritage 20-6 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 7 Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City requested a Sacred Lands File (SLF) search on May 31, 2024, for the Site from the NAHC. On June 18, 2024, the NAHC responded that the findings of the search were positive and identified 20 Native American tribal representatives to contact for further information on potential tribal resources. To comply with the requirements of SB 18 and Assembly Bill 52, the City mailed notices of the Project to all the listed tribes. The City received responses from the Gabrielino Tongva Indians of California (Gabrielino Tongva) and the Gabrieleno Band of Mission Indians - Kizh Nation (Kizh Nation). The City engaged in good faith effort consultation with both tribes. Ultimately, they requested monitoring for tribal resources during ground disturbances. During the consultation process, Kizh Nation requested to be the sole onsite monitor and asserted that the Gabrielino Tongva have no direct historical, ancestral, or cultural ties to Newport Beach. However, the Gabrielino Tongva tribe was identified in the SLF search for the Site as a tribe having traditional lands or cultural places in its vicinity, and the tribe further provided the City with substantial evidence identifying the Site as being within Ancestral Tribal Territory. Therefore, the City determined monitors from both tribes should be accommodated. Major Site Development Review (SDR) Approval of an SDR is required to construct a nonresidential building larger than 20,000 square feet. The required findings ensure the Project is a quality proposal that is consistent with the General Plan and Zoning Code, compatible with physical characteristics of the site and surroundings, and reduces or minimizes potential negative impacts. The architectural style of the Project is a contemporary interpretation of Southern California's surf and beach culture, expressed through low -profile forms and natural materials. The material palette includes horizontal wood siding, exposed mass timber, architectural concrete, dark bronze metal accents, and glass. The proposed color palette includes earth tones such as driftwood browns, soft greys, sandy beige, and weathered whites. They are designed to blend into the environment and soften the built form against the natural backdrop. It incorporates harmonious building placement and a cohesive architectural theme, with curved structures that mirror the form of the surf lagoon, creating an integrated layout that minimizes conflicts with surrounding uses. Specific examples of intentional design include siting the clubhouse in a location that will help to shield any noise generated by the Project from the multi -family residential development located across Irvine Avenue. The Project demonstrates compatibility with surrounding development in terms of bulk, scale, and visual character. Although it introduces more urbanized features compared to the current condition, it remains in scale with nearby commercial structures, which include multi -story commercial office buildings, and is designed to minimize public view impacts. Lighting, noise, and structural mass are managed through setbacks, landscape screening, and strategic orientation. The surf lagoon and supporting buildings are 20-7 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 8 designed with water -efficient landscaping, efficient irrigation systems, and extensive open space totaling over 235,000 square feet, contributing to the Site's environmental performance. Access and circulation are also thoughtfully designed, with driveways configured to ensure safe ingress and egress, queuing controls, and clear separation of surf park and golf course operations. Vehicular access from Irvine Avenue will be provided via a right -turn -in, left -turn -in, and right -turn -out only driveway. Vehicular access from Mesa Drive via the relocated driveway will be restricted to a right -turn -in and right - turn -out only configuration to help prevent conflicts with motorists queuing to turn left at the nearby signalized intersection. Lastly, the Project is designed to protect any significant views from public rights -of -way in compliance with Section 20.30.100 (Public View Protection) of the NBMC. All development within the Site would be set back from adjacent streets and would not encroach on existing public views along the roadway corridors adjacent to the site. The closest designated public viewpoint is approximately 0.3-mile southwest of the Site, along Irvine Avenue and south of University Drive. The viewpoint provides views of the Upper Newport Bay Preserve. Bayview Park, adjacent to Upper Newport Bay Preserve, is also designated as a public viewpoint. The Site is located northwest of these points not within the coastal scenic viewshed from either of these viewpoints. Therefore, the Project does not have the potential to obstruct public viewpoints or corridors, as identified on General Plan Figure NR 3 (Coastal Views). The Findings required to approve an SDR and the Facts in Support of Findings are provided in Exhibit C of Attachment B. Conditional Use Permit (CUP) The CUP provides a mechanism to evaluate uses that may be appropriate within a zoning district but require site -specific review to assess their potential impacts. Similar to an SDR, a CUP also considers whether the Project use is consistent with the General Plan, is permitted within the zoning district, and complies with all relevant provisions of the NBMC. A CUP also considers whether the design, location, size and operating characteristics of the Project are compatible with surrounding uses, and if the site is physically suitable to support the use, including access for public and emergency services, and whether the Project will be detrimental to the orderly growth of the City or pose a hazard to the public health, safety, or general welfare of nearby residents or businesses. The Site is in the Open Space and Recreation (OSR) District of the Santa Ana Heights Specific Plan (SP-7). Golf courses and commercial recreation uses are permitted subject to the approval of a CUP. The Project also proposes to serve alcohol under a Type 47 (On -Sale General — Eating Place), Type 58 (Caterer License), and Type 68 (Portable Bar) ABC license. Therefore, the CUP must also evaluate consistency with Section 20.48.030 (Alcohol Sales) of the NBMC. Lastly, Chapter 20.40 (Off -Street Parking) of the NBMC does not specify a parking requirement for outdoor recreational uses. Instead, it allows the requirement to be established through a use permit and Section 20.90.050(E) (Site 20-8 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 9 Development Standards) of the NBMC requires approval of a CUP to construct a building taller than 18 feet. Section 20.90.050(E) of the NBMC provides development standards for the Site, summarized below in Table 2: Table 2, Site Development Standards Building Site Area One acre minimum Building Height 18 feet maximum, unless otherwise provided for by use permit Building Setbacks 20 feet minimum from all property lines Off -Street Parking Per Chapter 20.40 Lighting All lighting shall be designed and located so that direct light rays are confined to the premises The Project complies with the minimum building site area, required building setback, lighting standards, and is proposing a maximum building height of 50 feet above the existing grade for the amenity clubhouse and 40 feet above the existing grade for the visitor accommodation building. Existing grade for the purpose of measuring building height has been established pursuant to Section 20.30.050 (Grade Establishment) of the NBMC for properties where the slope of the lot is 5% or less. Parking for the Project was established in accordance with Chapter 20.40 (Off -Street Parking) of the NBMC. Furthermore, the Project proposes a trash enclosure consistent with section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the NBMC. Parking Requirement To determine an appropriate parking rate, a Parking Demand Analysis was prepared by Gibson Transportation Consulting, Inc., dated July 14, 2025 (Attachment E). The analysis uses detailed program data from Wavegarden, an international surf park operator, including attendance projections, staffing, operational assumptions, and average vehicle ridership (AVR) ratios. The City Traffic Engineer reviewed and accepted the analysis. Visitors Table 3 summarizes expected daily attendance during a typical high -season weekday. Although weekend activity was also analyzed, the weekend AVR ratios effectively resulted in the high season weekday activity analysis being the more conservative of the two scenarios. Based on operational modeling, a maximum of 388 visitors would be onsite at one time. Assuming two visitors per vehicle, the parking requirement for visitors is 194 spaces. Table 3, Projected Attendance Levels Surf Lagoon 700 daily visitors Surf Academy 140 daily visitors Restaurant 280 daily visitors 20-9 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 10 Shops 70 daily visitors Fitness/Yoga Facilities 210 daily visitors Total 1,400 visitors per day • Employees The Project will employ 70 employees; however, only 35 employees are expected to be onsite at any given time. The Parking Analysis assumes that each employee will arrive in their own vehicle, resulting in a parking requirement for employees of 35 spaces. • Golf The Parking Analysis uses Parking Generation, 6th Edition (Institute of Transportation Engineers, 2023) to estimate the parking demand of the remaining holes of golf, as golf patrons will park on the Site. The remaining 15 holes of golf have a parking requirement of 95 spaces. • Total Parking Demand The Project proposes 351 parking spaces, resulting in a surplus of 27 spaces. Notably, the analysis is conservative as it assumes all access is by private vehicle and does not account for alternative transportation modes such as transit, rideshare, biking, or walking. Traffic Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC provides a framework for analyzing and evaluating the traffic impacts of projects that generate 300 or more new average daily trips (ADTs). To determine whether the Project generates 300 or more new ADTs and if a Traffic Impact Analysis (TIA) would be required, a trip generation analysis (Trip Gen Analysis) was prepared by Gibson Transportation Consulting, Inc (Gibson), dated March 4, 2025, and is provided as Attachment F. Gibson estimated the ADTs for the surf lagoon and ancillary amenities on the same projected attendance and operational characteristics described in the parking section above. The Trip Generation Analysis includes the ADTs from retaining 15 holes of golf when estimating the ADTs for the Project. The Project is anticipated to generate 1,996 ADTs. Using the Trip Generation Manual, 11th Edition (Institute of Transportation Engineers, 2021), the current configuration of the NBGC is estimated to have 1,810 ADTs. As a result, the Project will generate 186 net new ADTs and is under the 300 new ADT threshold that would require a TIA to be prepared. The Trip Generation Analysis was reviewed and accepted by the City Traffic Engineer. 20-10 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 11 Special Events Special events are contemplated as part of the Project's overall operations. The Conditions of Approval, provided in Exhibit B of Attachment B, establish limits on event capacity and hours under which events may occur without requiring notification to the City. Any event that exceeds these established thresholds, such as larger crowds, extended hours, or additional city resources, will require the Applicant to obtain a special events permit from the City in accordance with applicable regulations. Utilities and Water Use While the Project does not meet the thresholds established by SB 610 and SB 221 that would require preparation of a Water Supply Assessment, the EIR includes both a Water Demand Report (WDR) and a Water Supply Evaluation (WSE). The WDR assesses the Project's expected water use, while the WSE evaluates whether the City's existing water supplies are sufficient to meet that demand. The WDR estimates the current water use of the Site, which includes three golf holes, the pro shop, clubhouse and restaurant, at approximately 19 acre-feet per year (AFY). Operation and maintenance of the proposed lagoon is expected to use approximately 70 AFY. This estimate accounts for draining, cleaning, evaporation and other losses. Additional amenities, including restrooms, warming pools, the clubhouse, and the visitor accommodation building, are projected to use another 19 AFY. Altogether, the total Project water demand is estimated at 89 AFY, which represents an increase of about 70 AFY over existing use. Currently, the golf course is primarily served by groundwater, while the Project will rely on potable water. Even with this change, the WSE concludes that the City has adequate water supplies to meet the Project's demand under a range of conditions, including normal years, single dry years, and multiple dry years. The EIR also includes a Sewer Analysis, which determined that no upgrades to the existing Costa Mesa Sanitary District sewer mains are needed to serve the Project. Noise The EIR included a Noise Analysis to evaluate potential noise impacts on nearby sensitive receptors. The analysis examined potential noise increases at eight nearby locations, including the apartment building across Irvine Avenue, located approximately 170 feet from the Site boundary. The Noise Analysis concluded that there would be no significant impacts on sensitive receptors during either daytime or nighttime hours, demonstrating that the Project is appropriate for the site and is not expected to be detrimental to its surroundings. CUP Summary The Project has been reviewed and conditioned by all relevant City departments, including the Newport Beach Police Department, Newport Beach Fire Department, Utilities Department, building division, Recreation and Senior Services Department, and 20-11 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 12 Public Works Department, to help ensure compatibility with surrounding uses, including the mix of residential and commercial development. The consulted city departments have no objections to the Project, subject to the appropriate conditions of approval which are intended to ensure that the operation of the use will not pose a hazard to the public convenience, health, safety, or general welfare of those living or working in the neighborhood. The Findings required to approve a CUP with alcohol sales, along with the Facts in Support of Findings are provided in Exhibit C of Attachment B. Modification Permit The Site features a significant grade differential of approximately 33 feet from the high point behind Fire Station No. 7 to the centerline of Irvine Avenue. The Project proposes multiple retaining walls to create a level building pad that minimizes the need to dispose of or import soil. While retaining walls along the westerly property line comply with the maximum 8 feet above finish grade height limit established by with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC, the retaining walls along the easterly property line exceed the limit, with heights ranging from 9 feet, 11 inches above finish grade to 16 feet, 4 inches above finish grade and require the approval of a modification permit. Terraced walls, which achieve compliance with height limits, have been incorporated where feasible; however full terracing consistent with Section 20.30.040 would reduce usable site area and would impact the Project's viability. The tallest walls are set back, behind the Delhi Channel, and far from the centerline of Irvine Avenue. The walls are softened with landscaping, minimizing visibility and ensuring compatibility with neighborhood character. Figure 3 and 4 on the following page provide views of the existing condition and the taller retaining walls. 20-12 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 13 Figure 3: Existing and proposed, as seen from the southwest corner of Irvine Avenue and Mesa Drive. 7 Now No feasible alternatives exist that would meet grading and access requirements while achieving compliance with the 8-foot maximum. 20-13 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 14 The Findings required to approve a Modification Permit and Facts in Support of Findings are provided in Exhibit C of Exhibit B. Plannina Commission Review and Recommendation On September 4, 2025, the Planning Commission held a duly noticed public hearing to consider the requested applications. Twenty-two members of the public spoke during the hearing, and 195 individuals submitted written comments. At the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2025-008 by a unanimous vote (6 ayes, 1 recusal), recommending that the City Council approve the Project. The Planning Commission staff report, meeting minutes and resolution are included as Attachment Nos. G, H and I. Public comments received prior to the preparation of this report are provided as Attachment J. Airport Land Use Commission (ALUC) Override The Site is located approximately 0.4 miles southwest of John Wayne Airport (JWA) and falls within the Notification Area of the 2008 Airport Environs Land Use Plan (AELUP). In accordance with Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC), the City is required to submit CPAs to the ALUC for a consistency determination with the AELUP. On August 7, 2025, ALUC held a public hearing to consider the Project and determined by a vote of 5 to 1 that the Project is inconsistent with the AELUP. ALUC cited concerns related to noise exposure, safety and the concentration of people in areas susceptible to aircraft accidents, building height, and aircraft overflights. Following this determination and after the Planning Commission hearing, the City Council conducted a public hearing on September 9, 2025, and adopted Resolution No. 2025-60, formally notifying ALUC and the California Department of Transportation, Division of Aeronautics of the City's intent to override ALUC's finding, as permitted under CPUC Section 21676(b). Notice of the Council's action was mailed on September 11, 2025, initiating a 45-day comment period. The City received written comments from ALUC on October 8, 2025 (Attachment K). In its letter, ALUC reaffirmed its concerns related to noise exposure, safety, the concentration of people in areas susceptible to aircraft accidents, building height, and aircraft overflights. At the time of this report's preparation, the City had not received comments from the Division of Aeronautics. However, the deadline to respond to the Notice of Intent is Sunday, October 26, 2025. Any comments received will be addressed and provided as additional materials. Project Consistency with AELUP Standards • Noise The Project is consistent with the AELUP's noise standards. Most of the Site lies within the 65 dB CNEL noise contour as identified in both the 1985 Airport Master 20-14 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 15 Plan and the 2014 JWA Settlement Agreement Environmental Impact Report (EIR No. 617). While the Project does not fall squarely into a single AELUP land use category, it represents a hybrid of "Community Facilities" and "Commercial" uses. Both categories are deemed "Normally Consistent" with the 65 dB Community Noise Equivalent Level contour, provided standard construction methods are employed. The Project will comply with all applicable noise insulation requirements under state law and the NBMC. Although the AELUP does not prohibit outdoor recreational uses within this contour, it recommends signage to inform the public of aircraft activity. The Project will incorporate such signage. 0 Safety Zones The 15.4-acre Site is trisected by three safety zones (Zones 2, 4 and 6), each of which includes specific limitations on land use and occupancy. The Project has been designed to comply with these restrictions, maintaining occupancy levels for normal operating conditions well within the allowable thresholds established by the AELUP and the Caltrans Airport Land Use Planning Handbook. • Height On May 6, 2025, the Federal Aviation Administration (FAA) issued a Determination of No Hazard to Air Navigation under 14 CFR Part 77, confirming that the Project's proposed building heights do not exceed the applicable imaginary surfaces. Although an FAA determination does not automatically equate to AELUP consistency, no obstruction has been identified under AELUP Section 2.1.3. As such, the Project's height is consistent with both FAA and AELUP height limitations. • Overflights Aircraft overflights of the Site will remain unchanged from existing conditions. While visitors to the Site will generally notice departing aircraft, it will be the same as the aircraft operations currently noticed over the golf course. As a final review authority on legislative acts, the City Council may choose to override ALUC's determination with a two-thirds vote if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. FISCAL IMPACT: Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis for the Project was prepared by Keyser Marston Associates, Inc., dated October 1, 2025 (Attachment L). The analysis uses a fiscal model to estimate the public revenues typically generated by each land use type, including property taxes, sales taxes, other taxes, and 20-15 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 16 various user charges and fees. City service costs are estimated based on the number of persons served (employees and visitors). Public service costs are then deducted from the estimated revenues to determine the net fiscal impact to the City. The Project is projected to generate approximately $760,400 in annual revenue for the City, with estimated annual service costs of $504,690. This results in a net positive fiscal impact of approximately $256,000 per year. In comparison, the existing improvements on the Site currently result in a negative fiscal impact of approximately $14,000 annually. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) and City Council Policy K-3, an Environmental Impact Report (EIR), referenced as State Clearinghouse No. 2024110238, was prepared for the Project by the City's environmental consultant, Environmental Planning Development Solutions, Inc., doing business as EPD Solutions. Before taking action on the requested applications, the City Council must first review, consider, and certify the EIR (SCH No. 2024110238). Draft EIR (DEIR) The DEIR evaluated the environmental impacts associated with the construction and operation of the proposed Project. During the initial environmental analysis, the Project was determined to have no potential to result in impacts in the following four CEQA topic areas: Agriculture and Forestry Resources, Mineral Resources, Population and Housing, and Wildfire. As a result, these areas were not analyzed in detail in the DEIR. The DEIR included detailed analysis of the following CEQA topic areas: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Parks and Recreation • Public Services • Transportation • Tribal Cultural Resources • Utilities and Service Systems The DEIR concluded that, with implementation of the proposed mitigation measures, there would be no significant and unavoidable impacts resulting from the Project. All potentially significant impacts can be reduced to a less -than -significant level through mitigation. A Notice of Availability for the DEIR was circulated for a 45-day public review and comment period, beginning May 23, 2025, and ending July 7, 2025. A total of 126 20-16 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 17 comments were received, and responses to those comments are included in the Final EIR. Final EIR (FEIR) The FEIR consists of the Draft EIR dated May 2025, written comments received during the public review period along with written responses to those comments, revisions to the Draft EIR, and the Mitigation Monitoring and Reporting Program (MMRP). The MMRP includes mitigation measures related to Biological Resources, Cultural Resources and Tribal Cultural Resources to reduce potentially significant adverse impacts to less -than - significant levels. In compliance with Assembly Bill 52, Tribal Cultural Resources were addressed through consultation requests that were combined with the SB 18 consultation process described earlier in this report. The MMRP also requires compliance with various plans, programs, and policies to reduce potential impacts related to Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, and Hydrology and Water Quality to a level of no impact. Based on the complete environmental record, the Project, with mitigation measures incorporated, will result in no project -level impacts or only less -than -significant impacts. There are no known significant and unavoidable environmental effects associated with the Project. The EIR (including the FEIR, DEIR, and appendices) is available online at the City's website: httas:www.newaortbeachca.aov/ceaa. NOTICING: Notice of this hearing and availability of the FEIR was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, agencies that provided comments on the DEIR, and posted on the subject property at least 10 days before the scheduled meeting. Additionally, the notice of hearing was emailed to the list of interested parties who had requested notice and all individuals that commented on the DEIR. Lastly, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 20-17 Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency and Approving the Snug Harbor Surf Park at 3100 Irvine Avenue October 28, 2025 Page 18 ATTACHMENTS: Attachment A — Resolution No. 2025-71 Attachment B — Resolution No. 2025-72 Attachment C — Resolution No. 2025-73 Attachment D — Resolution No. 2025-74 Attachment E — Parking Demand Analysis Attachment F — Gibson Trip Generation Attachment G — Planning Commission Staff Report (September 4, 2025) (Attachments Omitted) Attachment H — Planning Commission Meeting Minutes Attachment I — Planning Commission Resolution No. 2025-018 (Attachments Omitted) Attachment J — Correspondence Attachment K — ALUC Comment Letters Attachment L — Fiscal Impact Memorandum dated October 1, 2025 Attachment M — Project Plans 20-18 Attachment A Resolution No. 2025-71 20-19 RESOLUTION NO. 2025-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FOR THE SURF PARK PROJECT LOCATED AT 3100 IRVINE AVENUE (PA2024-0069) WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City 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 CAA Planning, on behalf of Back Bay Barrels, LLC ("Applicant"), concerning property located at 3100 Irvine Avenue, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"), WHEREAS, the Applicant is requesting to redevelop the central 15.38-acre parcel of the privately owned Newport Beach Golf Course by removing the existing driving range and putting green, pro -shop, restaurant and bar, and three holes of golf and replacing it with a new surf -focused outdoor commercial recreation use ("Project"); WHEREAS, the Project's site improvements include approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spa, restrooms, landscaping, clubhouse with amenities, athlete accommodation building with 20 overnight rooms, and two parking lots with 351 parking spaces; WHEREAS, the Project will be constructed on approximately 79,533 square feet of area; however, 19,761 square feet will be excluded from the total development limit of the Property as incidental building areas which is consistent with Table LU1 (Land Use Plan Categories) of the City's General Plan ("General Plan") for properties categorized as Parks and Recreation; WHEREAS, the following approvals are requested or required to implement the Project as proposed: General Plan Amendment ("GPA"): To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU 2 of the Land Use Element of the General Plan; 20-20 Resolution No. 2025-71 Page 2of5 • Major Site Development Review ("SDR"): To construct a nonresidential building larger than 20,000 square feet in area; • Conditional Use Permit ("CUP"): To allow the operation of an outdoor commercial recreation use including a restaurant with alcohol sales, establish the appropriate parking rate, and allow the construction of buildings taller than 18 feet; • Modification Permit: To allow for the construction of retaining walls taller than eight feet in height from finish grade; and • Environmental Impact Report ("EIR"): To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals; WHEREAS, the Property is categorized as Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR) Zoning District; WHEREAS, the Property is not located within the coastal zone, therefore, a coastal development permit is not required; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"), WHEREAS, ALUC determined the Project to be inconsistent with the AELUP on August 7, 2025; WHEREAS, a public hearing was held by the Planning Commission on September 4, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code. 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. PC2025-018 by a unanimous vote (6 ayes, 1 recusal) recommending the City Council approve the Project; 20-21 Resolution No. 2025-71 Page 3 of 5 WHEREAS, after the Planning Commission's decision and pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on September 9, 2025, and adopted Resolution No. 2025-60 (6 ayes, 1 absent) to notify ALUC and the State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding; and WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Project. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings) of the NBMC, City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 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 make the findings attached hereto as Exhibit "B," and incorporated herein by this reference, and approves the GPA, which is also attached hereto as Exhibit "C," and incorporated herein by this reference. Section 2: An EIR (State Clearinghouse No. 2024110238) was prepared for the Project in compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code Sections 21000 et seq., Section 15000 et seq. as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations ("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 significant environmental impacts. Based on the entire environmental review record, the City Council having final approval authority over the Project, found that the Project, with mitigation measures, will have a less than significant impact on the environment and there are no known substantial adverse effects on human beings. By Resolution No. 2025-73, the City Council adopted and certified the Final EIR as complete and adequate and adopted the Mitigation Monitoring and Reporting Program including all findings contained therein, which is hereby incorporated by this reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 20-22 Resolution No. 2025-71 Page 4 of 5 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 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: 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 28th day of October, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE —kVz--40a1- Aaron C. arp City Attor y Attachment(s): Exhibit A - Legal Description Exhibit B - Findings for Approval Exhibit C - General Plan Amendment to Anomaly No. 58 of the 20-23 Resolution No. 2025-71 Page 5of5 Newport Beach General Plan Land Use Element Exhibit D - General Plan Consistency Analysis Exhibit E - Tribal Consultation Timeline 20-24 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 94-2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 9, 1994 AS INSTRUMENT NO. 94-318607 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT NO. 97-428866 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO. 2014-427814 OF OFFICIAL RECORDS. ►_\ 9,111= I :b��I�IIiI=�'Si I P1150d1I4E, y l 20-25 EXHIBIT "B" FINDINGS FOR APPROVAL An amendment to the Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 685000 et seq., set forth any required findings for either approval or denial of such amendments. Nonetheless, a full General Plan Consistency Analysis has been prepared for the Project, is attached hereto as Exhibit "D," and is incorporated herein by this reference. In summary, the Project is consistent with the following General Plan Goals and Policies: Land Use Element Policy LU 1.6 (Public Views) Policy LU 2.1 (Resident -Serving Land Uses) Policy LU 2.2 (Sustainable and Complete Community) Policy LU 2.5 (Visitor Serving Uses) Policy LU 2.8 (Adequate Infrastructure) Policy LU 3.1 (Neighborhoods, Districts, Corridors, and Open Spaces) Policy LU 3.2 (Growth and Change) Policy LU 3.3 (Opportunities for Change — Santa Ana Heights) Policy LU 3.7 (Natural Resource and Hazardous Areas) Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) Policy LU 4.1 (Land Use Diagram) Policy LU 5.6.2 (Form and Environment) Policy LU 5.6.3 (Ambient Lighting) Historical Resources Element Policy HR 2.1 (New Development Activities) Policy HR 2.2 (Grading and Excavation Activities) Policy HR 2.3 (Cultural Organizations) Policy HR 2.4 (Paleontological or Archaeological Materials) Circulation Element Policy CE 2.2.1 (Safe Roadways) Policy CE 7.1.1 (Vehicle Miles Traveled (VMT) Analysis) Policy CE 7.1.2 (VMT Mitigation Measures) Policy CE 7.1.5 (Support Facilities for Alternative Modes) Policy CE 7.1.7 (Project Site Design Supporting Alternative Modes) Policy CE 7.1.8 (Electric Vehicle (EV) Charging Stations) Policy CE 9.1.10 (Development Requirements) Recreation Element Policy R 1.12 (Aircraft Overflight and Noise) Policy R 4.1 (Provision of Recreation Services) Policy R 4.2 (Compatible Recreation Activities) 20-26 Policy R 4.3 (Variety of Programs) Policy R 4.5 (Variety of Adult Recreational Programs) Natural Resources Element Policy NR 1.1 (Water Conservation in New Development) Policy NR 1.2 (Use of Water Conserving Devices) Policy NR 3.4 (Storm Drain Sewer System Permit) Policy NR 3.5 (Natural Water Bodies) Policy NR 3.9 (Water Quality Management Plan) Policy NR 3.10 (Best Management Practices) Policy NR 3.11 (Site Design and Source Control) Policy NR 3.12 (Reduction of Infiltration) Policy NR 3.14 (Runoff Reduction on Private Property) Policy NR 3.16 (Siting of New Development) Policy NR 3.17 (Parking Lots and Rights -of -Way) Policy NR 3.19 (Natural Drainage Systems) Policy NR 3.20 (Impervious Surfaces) Policy NR 4.3 (Restore Natural Hydrologic Conditions) Policy NR 4.4 (Erosion Minimization) Policy NR 6.1 (Walkable Neighborhoods) Policy NR 6.4 (Transportation Demand Management Ordinance) Policy NR 7.2 (Source Emission Reduction Best Management Practices) Policy NR 10.2 (Orange County Natural Communities Conservation Plan) Policy NR 10.3 (Analysis of Environmental Study Areas) Policy NR 10.4 (New Development Siting and Design) Policy NR 10.5 (Development in Areas Containing Significant or Rare Biological Resources) Policy NR 10.6 (Use of Buffers) Policy NR 10.7 (Exterior Lighting) Policy NR 18.1 (New Development) Policy NR 18.3 (Potential for New Development to Impact Resources) Policy NR 18.4 (Donation of Materials) Policy NR 20.1 (Enhancement of Significant Resources) Policy NR 20.2 (New Development Requirements) Policy NR 20.4 (Public View Corridor Landscaping) Policy NR 23.1 (Maintenance of Natural Topography) Policy NR 23.7 (New Development Design and Siting) Policy NR 24.2 (Energy -Efficient Design Features) Policy NR 24.3 (Incentives for Green Building Program Implementation) Safety Element Policy S 4.7 (New Development) Policy S 5.1 (New Development Design within 100-year Floodplains) Policy S 5.2 (Facility Use or Storage of Hazardous Materials Standards) Policy S 5.3 (Minimization of Flood Hazard Risk) Policy S 7.1 (Known Areas of Contamination) 20-27 Policy S 7.2 (Development Design within Methane Gas Districts) Policy S 7.4 (Implementation of Remediation Efforts) Noise Element Policy N 1.1 (Noise Compatibility of New Development) Policy N 1.7 (Commercial/ Entertainment Uses) Policy N 1.8 (Significant Noise Impacts) Policy N 4.2 (New Uses) Policy N 4.6 (Maintenance of Construction Activities) Policy N 5.1 (Limiting Hours of Activity) Tribal Consultation Finding: Pursuant to California Government Code Section 65352.3 ("SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Fact in Support of Finding Tribal Consultation Consistency: The City received a response from the NAHC indicating that 20 tribal contacts should be provided notice regarding the GPA. SB 18 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. To comply with both the requirements of SB 18 and Assembly Bill 52, the tribal contacts were provided notice on September 19, 2024. Two tribal contacts requested consultation: the Gabrieleno Band of Mission Indians - Kizh Nation ("Kizh Nation") and the Gabrielino Tongva Indians of California. The City engaged in a good faith effort for consultation for over a year with both tribes and both tribes requested monitoring for tribal resources during ground disturbances consisting of over 14 correspondence regarding mitigation measures to incorporate into the Project. A timeline of the tribal consultations is attached hereto as Exhibit "E" and incorporated herein by this reference. During the consultation process, the Kizh Nation requested to be the sole onsite monitor and asserted that the Gabrielino Tongva have no direct historical, ancestral, or cultural ties to Newport Beach. However, the Gabrielino Tongva tribe provided the City with substantial evidence identifying that the Property is within their Ancestral Tribal Territory. Furthermore, the Gabrielino Tongva tribe were identified by NAHC through a Sacred Lands File ("SLF") search establishing that the Property is within traditional lands or cultural places for the Gabrieleno Tongva. Therefore, the City incorporated mitigation measures into the Project allowing for tribal monitors from both tribes to address potential concerns regarding the protection of Tribal Cultural Resources. Charter Section 423 Finding: 20-28 Pursuant to City Charter Section 423 and City Council Policy A-18, voter approval is required for any major amendment to the General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate or significantly increases allowed density or intensity. "Significantly increases" is defined as increases over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). The thresholds apply to both.. 1) increases directly caused by the subject GPA, and 2) eighty percent of the increases caused by previous GPAs within the area plus the subject GPA. The subject GPA is within Statistical Area J-5. One amendment (PA2020-041) has been approved within the last 10 years and continues to be cumulatively tracked consistent with the provisions of Charter Section 423. Facts in Support of Finding Charter Section 423 Consistency: The following table illustrates the increases attributable to the subject GPA, prior GPAs, and the resulting totals. Trip generation for the purpose of implementing Charter Section 423 was calculated using the blended rate for "public, semi-public, and institutional uses," as provided in City Council Policy A-18. Notably, none of the thresholds specified by Charter Section 423 are exceeded, therefore no vote of the electorate is required should the City Council choose to approve this GPA. Charter Section 423, Measure S Analysis for Statistical Area J-5. Amendments Increased Density (DU) Increased Intensity (SF) Peak Hour Trip Increase A.M. P.M. PA2020-041 (Shvetz Residential Subdivision) 1 NA 0.75 1.01 Total Prior Increases 1 NA 0.75 1.01 80% of Prior Increases .8 NA 0.60 .81 100% of Proposed PA2024-0069 0 39,772 59.66 59.66 Total .8 39,772 60.26 60.26 Threshold 100 40,000 100 100 Remaining 99.2 228 39.74 39.74 Vote Required? No No No No Additionally, while the Project requires a GPA, major site development review, conditional use permit, and modification permit, only the GPA may be subject to an initiative. (Elections Code Section 9200 et seq.; DeVita v. County of Napa (1995) 9 Cal. 4th 763, 775) 20-29 EXHIBIT "C" GENERAL PLAN AMENDMENT TO ANOMALY NO. 58 OF TABLE LU2 OF THE NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT Anomaly Number Statistical Area Land Use Designation Development Limit SF Development Limit other Additional Information 58 J5 PR 59,772 20-30 I*A, :II 11M11 GENERAL PLAN CONSISTENCY ANALYSIS Relevant General Plan Policies Project Consistency Land Use Element LU 1.6 Public Views. Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. LU 2.1 Resident -Serving Land Uses. Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. LU 2.2 Sustainable and Complete Community. Emphasize and support the development of uses that enable Newport Beach to be a complete community that maintains the ability to provide locally accessible opportunities for retail, goods and services, and employment. LU 2.5 Visitor Serving Uses. Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, all development within the proposed Project site would be set back from adjacent streets and would not encroach on the existing public long- distance views. The proposed buildings would have a minimum setback 20 feet from Mesa Drive, and 20 feet from Irvine Avenue. These setbacks would protect, and the proposed landscaping along the roadways would enhance public views. Therefore, the Project is consistent with Policy LU 1.6. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the proposed Project would develop a commercial recreational facility including a surf lagoon, amenity clubhouse, and athlete accommodations. The proposed uses would provide employment, recreation, culture, entertainment, and social activity in balance with community natural resources and open spaces. Therefore, the Project is consistent with Policy LU 2.1. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the proposed Project would develop a commercial recreational facility including a surf lagoon, amenity clubhouse, and athlete accommodations that would provide retail goods and services, and employment. Therefore, the Project is consistent with Policy LU 2.2. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the aroaosed Proiect would develop a 20-31 Relevant General Plan Policies I Project Consistency other recreational assets, while integrating them to protect neighborhoods and residents. LU 2.8 Adequate Infrastructure. Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). LU 3.1 Neighborhoods, Districts, Corridors, and Open Spaces. Maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. commercial recreational facility including a surf lagoon, amenity clubhouse, and athlete accommodations that would be integrated between golf course holes 10-8 to the north of the site across Irvine Avenue and holes 3-8 to the south of the site across Mesa Drive. The Project would be integrated into the existing development, between the existing roadways and the Santa Ana -Delhi Channel, along an arterial roadway near freeway access. Therefore, the Project is consistent with Policy LU 2.5. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project would result in 186 net new vehicle trips that would be accommodated by the existing street system. As discussed in Section 5.16 of the EIR, Utilities and Service Systems, implementation of the proposed Project would not result in the need for expanded utility infrastructure or provision of services. The proposed Project would be served by the existing infrastructure that is adequate to serve the Project and surrounding areas. Also, as detailed in Section 5.12 of the EIR, Public Services, the proposed Project would not require expansion or construction of new public facilities to serve the Project along with other service needs. Therefore, the Project is consistent with Policy LU 2.8. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the proposed Project would develop a commercial recreational facility including a surf lagoon, amenity clubhouse, and athlete accommodations on the Project site, which would change the type of commercial recreation provided on the site. The Project would maintain and support the golf course holes 10-18 to the north of the site, across Irvine Avenue, and holes 3-8 to the south of the site across 20-32 Relevant General Plan Policies Project Consistency LU 3.2 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. LU 3.3 Opportunities for Change. Support opportunities for new development and improved physical environments for residents, businesses, and visitors in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: Santa Ana Heights: Support continued implementation of the adopted Specific Plan and Redevelopment Plan. Mesa Drive. The Project would not modify the street system that surrounds the site and would not change the pattern of development within the area. Therefore, the Project is consistent with Policy LU 3.1. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the proposed Project would redevelop the site to provide a different type of commercial recreational use; changing the existing golf -related facilities to a surf lagoon, amenity clubhouse, and athlete accommodations that would result in approximately the same number of employees on the site (as detailed in Section 3.0, Project Description). Thus, unplanned growth would not occur. Also, as discussed in Sections 5.12, Public Services, and 5.14, Transportation, the proposed Project would not result in impacts related to the street system or public services. Therefore, the Project is consistent with Policy LU 3.2. Consistent. As discussed in Section 3.0 of the EIR, Project Description, the proposed Project would redevelop the existing golf -related facilities to a surf lagoon, amenity clubhouse, and athlete accommodations. As detailed within this section, the Project would implement the Santa Ana Heights Specific Plan land use designation for the site. The proposed Project would result in a new development with an improved physical environment and the facility would be available to residents and visitors, and would support local visitor and surf recreation related businesses. Therefore, the Project is consistent with Policy LU 3.3. LU 3.7 Natural Resource and Consistent. The proposed Project is Hazardous Areas. Require that new located on a site that is currently 20-33 Relevant General Plan Policies I Project Consistency development is located and designed to protect areas with high natural resource value and protect residents and visitors from threats to life or property. LU 3.8 Project Entitlement Review with Airport Land Use Commission. Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. LU 4.1 Land Use Diagram. Support land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. The permitted densities/intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by developed and surrounded by developed urban uses. The Project is not located within or adjacent to areas of high resource value; and as detailed in Section 5.8 of the EIR, Hazards and Hazardous Materials, the Project would not result in threats to life or property. Therefore, the Project is consistent with Policy LU 3.7. Consistent. As discussed in Section 5.8 of the EIR, Hazards and Hazardous Materials, because the Project site is located within the AELUP Notification area for SNA and within the SNA planning area boundary, and the Project proposes a General Plan Amendment, the City is required to refer the proposed Project to the ALUC for review, pursuant to the California Public Utilities Code Section 21676. Therefore, the Project is consistent with Policy LU 3.8. Consistent. As discussed above, the proposed Project would be consistent with the site's current General Plan Land Use Designation of Parks and Recreation which permits parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities (City of Newport Beach, 2006). The proposed Project would require a General Plan Amendment in order to modify Anomaly Number 58 that currently limits the allowable increase in development on the site to 20,000 SF. With implementation of the General Plan Amendment, development of the proposed Project would be consistent with the Geneal Plan development allowances for the site. Therefore, the Project is consistent with Policy LU 4.1. 20-34 Relevant General Plan Policies I Project Consistency Table LU2 (Anomaly Locations). The density/intensity ranges exclude increases allowed through the applications of density bonus laws and are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU15 b. Refer to Figure LU4 through Figure LU 15 and Table LU 1 to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities/intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. b. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. 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. Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, the proposed two - and three-story buildings would be consistent with the two- to three-story high commercial office buildings that are located on Mesa Drive, Acacia, and Irvine Avenue to the northwest of the site; and the three-story fire training tower that is adjacent to the site. The proposed development provides the same type of modern visual character as surrounding 20-35 Relevant General Plan Policies Project Consistency residential, commercial, and office development that surrounds the site. In addition, the Project lighting would be required to comply with Municipal Code Section 21.30.070, Outdoor Lighting, through the City's permitting process to ensure that it would not result in glare and excessive illumination of adjoining properties. Therefore, the Project is consistent with Policy LU 5.6.2. Policy LU 5.6.3. Ambient Lighting. Consistent. As discussed in Section 5.1 Require that outdoor lighting be located of the EIR, Aesthetics, the Project lighting and designed to prevent spillover onto would be required to comply with adjoining properties or significantly Municipal Code Section 21.30.070, increase the overall ambient illumination of Outdoor Lighting, through the City's their location. permitting process to ensure that it would not result in glare and excessive illumination of adjoining properties. Therefore, the Project is consistent with Policy LU 5.6.3. Historical Resources Element HR 2.1 New Development Activities. Require that, in accordance with CEQA, new development protect and preserve paleontological and archaeological resources from destruction, and avoid and mitigate impacts to such resources. Through planning policies and permit conditions, ensure the preservation of significant archeological and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA. HR 2.2 Grading and Excavation Activities. Maintain sources of information regarding paleontological and archeological sites and the names and addresses of responsible organizations and qualified individuals, who can analyze, classify, record, and preserve paleontological or archeological findings. Require a qualified naleontoloaist/archeoloaist to monitor all Consistent. As discussed in Section 5.4 of the EIR, Cultural Resources, and Section 5.6, Geology and Soils, both archeological and paleontological resources studies were conducted (included as Appendix E and I to the EIR, respectively). Mitigation Measures CUL-1, CUL-2, and PAL-1 have been included to ensure that no significant impacts to either archeological or paleontological resources would occur. Therefore, the Project is consistent with Policy HR 2.1. Consistent. As discussed in Section 5.4 of the EIR, Cultural Resources, and Section 5.6, Geology and Soils, both archeological and paleontological resources studies were conducted (included as Appendix E and I to the EIR, respectively). Mitigation Measures CUL-1, CUL-2, and PAL-1 have been included to provide for archeological and oaleontoloaical monitorina on the site 20-36 Relevant General Plan Policies I Project Consistency grading and/or excavation where there is a potential to affect cultural, archeological or paleontological resources. If these resources are found, the applicant shall implement the recommendations of the paleontologist/archeologist, subject to the approval of the City Planning Department. HR 2.3 Cultural Organizations. Notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow representatives of such groups to monitor grading and/or excavation of development sites. HR 2.4 Paleontological or Archaeological Materials. Require new development to donate scientifically valuable paleontological or archaeological materials to a responsible public or private institution with a suitable repository, located within Newport Beach, or Orange County, whenever possible. CE 2.2.1 Safe Roadways. Provide for safe roadway conditions by adhering to nationally recognized improvement standards and uniform construction and maintenance practices. during grading and excavation activities to ensure that significant impacts to archeological and paleontological resources would not occur. Therefore, the Project is consistent with Policy HR 2.2. Consistent. In accordance with AB 52 and SB 18, the City sent letters to 20 Native American representatives identified by NAHC, notifying them of the proposed Project. Agency to agency consultation occurred between the City and two tribes who stated that they have cultural affiliation with the Project region. While none of the tribes presented substantial evidence indicating that tribal cultural resources are present on the site, Mitigation Measures TCR-1 through TCR- 3 have been included to provide for Native American monitoring on the site during grading and excavation activities to ensure that significant impacts to tribal cultural resources would not occur. Therefore, the Project is consistent with Policy HR 2.3. Consistent. As discussed in Section 5.4 of the EIR, Cultural Resources, and Section 5.6 of the EIR, Geology and Soils, both archeological and paleontological resources studies were conducted (included as Appendix E and I to the EIR, respectively). Mitigation Measures CUL-1, CUL-2, and PAL-1 would ensure that there would be no significant impacts on either archeological or paleontological resources. Therefore, the Project is consistent with Policy HR 2.4. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project does not include improvements to public roadways. However, the new driveways that would provide vehicular 20-37 Relevant General Plan Policies I Project Consistency CE 2.2.4 Traffic Control. Design traffic control measures to ensure City streets and roads function with safety and efficiency for vehicles, bicycles, and pedestrians. CE 2.2.5 Driveway and Access Limitations. Limit driveway and local street access on arterial streets to maintain a desired quality of traffic flow and limit hazards to active transportation modes. Wherever possible, consolidate and/or reduce the number of driveways and implement access controls during redevelopment of adjacent parcels. CE 2.2.7 Emergency Access. Provide all residential, commercial, and industrial areas with efficient and safe access for emergency vehicles. An emergency evacuation map shall be prepared as part of an updated Safety Element. access to the site and the onsite circulation would be required to adhere to the City's public works and engineering recognized improvement standards and uniform construction and maintenance practices that would be verified through the City's construction permitting process. Therefore, the Project is consistent with Policy CE 2.2.1. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project does not include traffic control measures for public roadways. However, the new driveways that would provide vehicular access to the site and the onsite circulation would be required to adhere to the City's public works and engineering recognized traffic control standards that would be verified through the City's construction permitting process. Therefore, the Project is consistent with Policy CE 2.2.4. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project would provide two driveway locations to access the site from two sides. In addition, City permitting would ensure that ingress and egress is consistent with the City of Newport Beach General Plan Circulation Element and development standards. Therefore, the Project is consistent with Policy CE 2.2.5. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project would provide two driveway locations to access the site from two sides. In addition, City permitting would ensure that ingress and egress is consistent with the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9). Therefore, the Project would provide efficient and safe access for emergency vehicles and would be consistent with Policy CE 2.2.7. 20-38 Relevant General Plan Policies CE 5.2.6 Pedestrian Improvements in New Development Projects. Require new development projects to include safe and attractive sidewalks, walkways, and bike lanes in accordance with the Master Plan, and, if feasible, trails. CE 5.2.12 Bicycle Supporting Amenities. Require bicycle facilities such as bike racks, bike stations, or lockers according to national standards for long- term and short-term bicycle utilization on City property and with new development and encourage the addition of such bicycle facilities within existing development. CE 7.1.1 Vehicle Miles Traveled (VMT) Analysis. Follow the analysis methodology for vehicle miles traveled according to the Newport Beach VMT thresholds policy and as required in Senate Bill 743 and the revised California Environmental Quality Act (CEQA) Guidelines. CE 7.1.2 VMT Mitigation Measures. Require implementation of CEQA project related VMT mitigation measures when warranted and monitor reductions in VMT from new development. CE 7.1.5 Support Facilities for Alternative Modes. Require new development projects to provide facilities commensurate with development type and intensity to support alternative modes, such as preferential parking for carpools, bike racks, bike stations, bicycle lockers, showers, commuter information areas, rideshare vehicle loading areas, water Project Consistency Consistent. As discussed in Section 5.14 of the EIR, Transportation, bike lanes and sidewalks currently exist adjacent to the Project site. The Project would provide onsite pedestrian walkways that would connect to the offsite sidewalks and bicycle parking facilities. Therefore, the Project provides onsite pedestrian and bicycle related improvements and is consistent with Policy CE 5.2.6. Consistent. As discussed in Section 3.0 of the EIR, Project Description, and Section 5.14, Transportation, the proposed Project would include installation of both temporary and long- term bicycle parking areas. Therefore, the Project is consistent with Policy CE 5.2.12. Consistent. As detailed in Section 5.14 of the EIR, Transportation, the analysis of VMT for the proposed Project follows the City's VMT thresholds policy and as required in SB 743 and CEQA. Therefore, the Project is consistent with Policy CE 7.1.1. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project would not result in a potentially significant impact related to VMT and mitigation measures are not warranted. Therefore, the Project is consistent with Policy CE 7.1.1. Consistent. As discussed in Section 3.0 of the EIR, Project Description, and Section 5.14 of the EIR, Transportation, the proposed Project supports alternative modes of travel and includes a drop-off and pick-up area for carpools and ride - shares, bicycle parking, and onsite pedestrian walkways that would complement the existinq offsite sidewalks 20-39 Relevant General Plan Policies I Project Consistency transportation docks, and bus stop and bike paths. Therefore, the Project is improvements. consistent with Policy CE 7.1.5. CE 7.1.7 Project Site Design Supporting Alternative Modes. Encourage increased use of public transportation by requiring project site designs that facilitate the use of public transportation and walking. CE 7.1.8 Electric Vehicle (EV) Charging Stations. Install additional EV charging stations on City properties, support existing private development to add new EV charging stations and develop incentives for the installation of EV charging stations and other alternative fuels systems as part of new development. CE 9.1.10 Development Requirements. Require development to provide the needed roadway improvements adjacent to a site, commensurate with project impact and in accordance with the Master Plan of Streets and Highways. R 1.12 Aircraft Overflight and Noise. Require that all public parks located within the noise impact zones as defined in the 1985 JWA Master Plan for John Wayne Airport be posted with a notification to users regarding aircraft overflight and noise. Consistent. As discussed in Section 3.0 of the EIR, Project Description, and Section 5.14 of the EIR, Transportation, the proposed Project supports alternative modes of travel and includes onsite pedestrian walkways that would complement the existing offsite sidewalks on Irvine Avenue with bus stops for OCTA Bus Route 178. Therefore, the Project facilitates the use of public transportation and walking and is consistent with Policy CE 7.1.7. Consistent. As discussed in Section 3.0 of the EI R, Project Description and Section 5.14 of the EIR, Transportation, the proposed Project includes installation of EV charging stations and EV parking spots on the Project site. Therefore, the Project is consistent with Policy CE 7.1.8. Consistent. As discussed in Section 5.14 of the EIR, Transportation, the proposed Project would not require or include any roadway improvements. However, the proposed driveways and onsite vehicular circulation would be required to adhere to the City's public works and engineering recognized traffic control standards that would be verified through the City's construction permitting process. Therefore, the Project is consistent with Policy CE 9.1.10. Consistent. The proposed Project is a commercial recreation facility and would not be a public park. The Project site is located within the SNA 65 CNEL noise contour, which indicates that noise from aircraft on the Project site is 65 dB CNEL and is within the noise impact area related to SNA operations. However, as detailed in 20-40 Relevant General Plan Policies R 4.1 Provision of Recreation Services. Provide high quality recreational services through professionally -trained recreational personnel to program participants. R 4.2 Compatible Recreation Activities. Provide a variety of compatible recreational activities within a given location. R 4.3 Variety of Programs. Provide a variety of quality programs offered in safe and secure environments for the community's youth that enhance and extend the learning day, promote health and wellness, encourage expansion of skills, and reinforce self-esteem, good character, and positive behavior. R 4.5 Variety of Adult Recreational Programs. Provide a variety of quality enrichment and recreational programs for the adult population that promote health and wellness; development and/or enhancement of skills and talents; extend learning opportunities; promote sportsmanship; and provide unique opportunities to engage in new activities. Project Consistency Section 5.8 of the EIR, Hazards and Hazardous Materials, and Section 5.11 of the EIR, Noise, the AELUP for SNA states that community facilities and commercial land uses are "normally consistent" within the 65 CNEL contour. Therefore, the proposed Project would not result in an impact related to aircraft overflight and noise and would be consistent with Policy R 1.12. Consistent. The proposed Project would provide high quality surf -related recreational services through professionally -trained recreational personnel to program participants. Therefore, the Project is consistent with Policy R 4.1. Consistent. The proposed Project would add to the variety of recreation activities in the area and the surfing activities would be compatible with the City's location near the ocean. Therefore, the Project is consistent with Policy R 4.2. Consistent. The proposed Project would provide surf -related recreational services in a safe and secure environment that would promote health and wellness, encourage expansion of skills, and reinforce self-esteem, good character, and positive behavior. Therefore, the Project is consistent with Policy R 4.3. Consistent. The proposed Project would provide surf -related recreational services in a safe and secure environment that would promote health and wellness, enhancement of skills, extend learning opportunities; promote sportsmanship; and provide unique opportunities to engage in a new activity. Therefore, the Project is consistent with Policy R 4.5. NR 1.1 Water Conservation in New Consistent. The proposed Project would Development. Enforce water be constructed according to Title 24 20-41 Relevant General Plan Policies I Project Consistency conservation measures that limit water usage, prohibit activities that waste water or cause runoff, and require the use of water —efficient landscaping and irrigation in conjunction with new construction projects. NR 1.2 Use of Water Conserving Devices. Establish and actively promote use of water conserving devices and practices in both new construction and major alterations and additions to existing buildings. This can include the use of rainwater capture, storage, and reuse facilities. NR 3.4 Storm Drain Sewer System Permit. Require all development to comply with the regulations under the City's municipal separate storm drain system permit under the National Pollutant Discharge Elimination System. NR 3.5 Natural Water Bodies. Require that development does not degrade natural water bodies. requirements of the 2022 California administrative code for water conservation and landscaping would be implemented throughout the Project site, including implementation of bioretention basins that would limit runoff. BMPs for stormwater management would also be implemented to direct stormwater into landscape areas to use for irrigation. Therefore, the Project is consistent with Policy N 1.1. Consistent. As discussed in Section 5.16 of the EIR, Utilities and Service Systems, the proposed Project would be required to implement the CALGreen Code for efficient use of water. Additionally, as discussed in Section 5.9 of the EIR, Hydrology and Water Quality, development and construction of the Project site would require preparation and adherence to a Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). Therefore, the Project would use water conserving devices and would be consistent with Policy NR 1.2. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, construction of the Project site and operation of the proposed Project would require preparation and adherence to a SWPPP and a WQMP. Therefore, the Project is consistent with Policy NR 3.4. Consistent. As discussed in Section 5.3 of the EIR, Biological Resources, there are no natural bodies of water within the Project site. In addition, as discussed in Section 5.9 of the EIR, Hydrology and Water Quality, a SWPPP and WQMP would be required to be implemented to ensure that the Project would not degrade offsite natural water bodies. Therefore, the Project is consistent with Policy NR 3.5. 20-42 Relevant General Plan Policies Project Consistency NR 3.9 Water Quality Management Plan. Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post - construction. NR 3.10 Best Management Practices. Implement and improve upon Best Management Practices (BMPs) for residences, businesses, development projects, and City operations. NR 3.11 Site Design and Source Control. Include site design and source control BMPs in all developments. When the combination of site design and source control BMPs are not sufficient to protect water quality as required by the National Pollutant Discharge Elimination System (NPDES), structural treatment BMPs will be implemented along with site design and source control measures. NR 3.12 Reduction of Infiltration. Include equivalent BMPs that do not require infiltration, where infiltration of runoff would exacerbate geologic hazards. (Policy HB 8.12) Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, construction of the Project site and operation of the proposed Project would require preparation and adherence to a SWPPP and a WQMP. Therefore, the Project is consistent with Policy NR 3.9. Consistent. As discussed in Section 5.9, Hydrology and Water Quality of the EIR, the proposed Project would implement SWPPP and a WQMP, both of which would provide BMPs to reduce or eliminate soil erosion and pollution. During operation, onsite drainage features would include BMPs that have been designed to slow, filter, and slowly discharge stormwater into the offsite drainage system. Therefore, the Project is consistent with Policy NR 3.10. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, the proposed Project would implement a WQMP that would be approved by the City and includes design and source control BMPs to protect water quality, which include landscaping and drainage features that have been designed to slow, filter, and slowly discharge stormwater into the offsite drainage system. Therefore, the Project is consistent with Policy NR 3.11. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, infiltration is not feasible for the Project site. Thus, the Project would utilize modular wetland systems and bioretention basins which would collect flows, filter, and then direct runoff into the Santa Ana Delhi Channel, which is adjacent to the site. Therefore, the Project is consistent with Policy NR 3.12. NR 3.14 Runoff Reduction on Private Consistent. As discussed in Section 5. 9 Property. Retain runoff on private of the EIR, Hydrology and Water Quality, propertv to prevent the transport of the proposed Project would implement a 20-43 Relevant General Plan Policies I Project Consistency pollutants into natural water bodies, to the maximum extent practicable. (Policy HB 8.14). NR 3.16 Siting of New Development. Require that development be located on the most suitable portion of the site and designed to ensure the protection and preservation of natural and sensitive site resources that provide important water quality benefits. (Policy HB 8.16). NR 3.17 Parking Lots and Rights -of - Way. Require that parking lots and public and private rights -of -way be maintained and cleaned frequently to remove debris and contaminated residue. (Policy HB 8.17) NR 3.19 Natural Drainage Systems. Require incorporation of natural drainage systems and stormwater detention facilities into new developments, where appropriate and feasible, to retain stormwater in order to increase groundwater recharge. (Policy HB 8.19) SWPPP and a WQMP that would provide BMPs to reduce or eliminate transport of pollutants into natural water bodies. Onsite drainage features would be installed that have been designed to slow and filter stormwater prior to discharge to reduce runoff and prevent transport of pollutants. Therefore, the Project is consistent with Policy NR 3.14. Consistent. The Project site is a developed site that is used for golf -related recreation. The site does not contain a natural or sensitive site resource as detailed in Section 5.3 of the EIR, Biological Resources, and the site does not provide important water quality benefits. As discussed in Section 5.9, Hydrology and Water Quality, the proposed Project would require preparation and adherence to a SWPPP and a WQMP that would protect water quality. Therefore, the Project is consistent with Policy NR 3.16. Consistent. As discussed in the Preliminary WQMP (included as Appendix O to the EIR), operation of the Project shall include sweeping all onsite streets, drive aisles, and/or uncovered parking areas at minimum of a quarterly basis. Therefore, the Project is consistent with Policy NR 3.17. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, infiltration and groundwater recharge is not feasible at the Project site. Thus, the Project would utilize modular wetland systems and bioretention basins which would collect flows, filter, and then direct runoff into the Santa Ana Delhi Channel, which is adjacent to the site. Therefore, the Project is consistent with Policy NR 3.19. NR 3.20 Impervious Surfaces. Require Consistent. As discussed in Section 5.9 new development and Dublic of the EIR, Hvdrolocgv and Water Quality, 20-44 Relevant General Plan Policies I Project Consistency improvements to minimize the creation of and increases in impervious surfaces, especially directly connected impervious areas, to the maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible. (Policy HB 8.20) NR 4.3 Restore Natural Hydrologic Conditions. Preserve, or where feasible, restore natural hydrologic conditions such that downstream erosion, natural sedimentation rates, surface flow, and groundwater recharge function near natural equilibrium states. NR 4.4 Erosion Minimization. Require grading/erosion control plans with structural BMPs that prevent or minimize erosion during and after construction for development on steep slopes, graded, or disturbed areas. NR 6.1 Walkable Neighborhoods. Provide for walkable neighborhoods to reduce vehicle trips by siting amenities such as services, parks, and schools in close proximity to residential areas. while the proposed Project would result in an increase of impervious surfaces, buildout of the proposed Project would result in a decrease the 100-year storm runoff flowrate by 11.1 percent and the proposed Project would maintain the existing drainage pattern by collecting runoff via roof drains, curbs, and area drains and conveying it to vegetated biotreatment systems utilizing permeable landscaping for treatment. Therefore, the Project is consistent with Policy NR 3.20. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, infiltration and groundwater recharge is not feasible at the Project site. Thus, the Project would utilize modular wetland systems and bioretention basins which would collect flows, filter, and then direct runoff into the Santa Ana Delhi Channel, which is adjacent to the site. The Project would not impact hydrologic conditions, sedimentation, or erosion. Therefore, the Project is consistent with Policy NR 4.3. Consistent. As discussed in Section 5.6 of the EIR, Geology and Soils, the proposed Project would implement a SWPPP and provide BMPs to reduce or eliminate soil erosion and the loss of topsoil during construction. During operation, onsite drainage features would be installed that have been designed to slow, filter, and slowly discharge stormwater into the offsite drainage system. Therefore, the Project would minimize erosion and would be consistent with Policy NR 4.3. Consistent. As discussed in Section 5.14 of the EIR, Transportation, existing sidewalks are located adjacent to the Project site, and the Project would install onsite walkways that would provide for pedestrian access to and from the site. 20-45 Relevant General Plan Policies Project Consistency The Project is located at the existing NB Golf Course, which is a commercial recreation land use that is located along an arterial roadway near the freeways, but also, in close proximity to retail services (across Irvine Avenue) and residential areas within the City. Therefore, the Project is consistent with Policy NR 6.1. NR 6.4 Transportation Demand Consistent. As discussed in Section 5.14 Management Ordinance. Implement the of the EIR, Transportation, bike lanes and Transportation Demand Management sidewalks currently exist adjacent to the (TDM) Ordinance, which promotes and Project site. The Project would provide encourages the use of alternative onsite pedestrian walkways that would transportation modes and provides those connect to the offsite sidewalks and facilities such as bicycle lanes that support bicycle parking facilities. Therefore, the such alternate modes. Project supports these alternative modes of transportation and is consistent with Policy NR 6.4. NR 7.2 Source Emission Reduction Consistent. As discussed in Section 5.2 Best Management Practices. Require of the EIR, Air Quality, construction of the the use of Best Management Practices Project would implement all related (BMP) to minimize pollution and to reduce SCAQMD Rules for reduction of source source emissions. emissions. Therefore, the Project is consistent with Policy NR 7.2. NR 8.1 Management of Construction Consistent. As discussed in Section 5.2 Activities to Reduce Air Pollution. of the EIR, Air Quality, the proposed Require developers to use and operate Project would implement SCAQMD Rule construction equipment, use building 403 regarding construction dust and Rule materials and paints, and control dust 1113 regarding the use of low VOC created by construction activities to architectural coatings. Therefore, the minimize air pollutants. Project is consistent with Policy NR 8.1. NR 10.2 Orange County Natural Consistent. As discussed in Section 5.3 Communities Conservation Plan. of the EIR, Biological Resources, the Comply with the policies contained within proposed Project would be consistent with the Orange County Natural Communities the Orange County Natural Communities Conservation Plan. Conservation Plan as the Project site is listed as a development site and is not located within a Habitat Reserve System. Therefore, the Project is consistent with Policy NR 10.2. NR 10.3 Analysis of Environmental Consistent. As discussed in Section 5.3 Study Areas. Require a site -specific of the EIR, Biological Resources, a survey and analysis prepared by a biological resources assessment was 20-46 Relevant General Plan Policies I Project Consistency qualified biologist as a filing requirement for any development permit applications where development would occur within or contiguous to areas identified as ESAs. NR 10.4 New Development Siting and Design. Require that the siting and design of new development, including landscaping and public access, protect sensitive or rare resources against any significant disruption of habitat values. NR 10.5 Development in Areas Containing Significant or Rare Biological Resources. Limit uses within an area containing any significant or rare biological resources to only those uses that are dependent on such resources, except where application of such a limitation would result in a taking of private property. If application of this policy would likely constitute a taking of private property, then a non -resource -dependent use shall be allowed on the property, provided development is limited to the minimum amount necessary to avoid a taking and the development is consistent with all other applicable resource protection policies. Public access improvements and educational, interpretative and research facilities are considered resource dependent uses. NR 10.6 Use of Buffers. Maintain a buffer of sufficient size around significant or rare biological resources, if present, to ensure the protection of these resources. Require conducted and is included as Appendix C to the EIR which included a survey for ESA listed species on the Project site. The Project site does not contain and is not adjacent to any ESAs. Therefore, the Project is consistent with Policy NR 10.3. Consistent. As discussed in Section 5.3 of the EIR, Biological Resources, the Project site does not include any sensitive or rare resources. However, the western yellow bat has a low potential to roost in ornamental trees, including palms, on the Project site. Also, the Project site provides suitable foraging, breeding, and roosting habitat for bird and raptor species. Therefore, Mitigation Measures BIO-1 and BIO-2 would ensure that there are no significant impacts to nesting birds or roosting bats onsite. Therefore, the Project is consistent with Policy NR 10.4. Consistent. As discussed in Section 5.3 of the EIR, Biological Resources, the Project site does not include any significant or rare biological resources. However, the western yellow bat has a low potential to roost in ornamental trees, including palms, on the Project site. Also, the Project site provides suitable foraging, breeding, and roosting habitat for birds and raptor species. Therefore, Mitigation Measure BIO-1 and BIO-2 would ensure that there are no significant impacts to biological resources. Therefore, the Project is consistent with Policy NR 10.4. Consistent. As discussed in Section 5.3 of the EIR, Biological Resources, the Upper Newport Bay Nature Preserve and Ecoloaical Reserve ("UDDer Newport 20-47 Relevant General Plan Policies Project Consistency the use of native vegetation and prohibit invasive plant species within these buffer areas. NR 10.7 Exterior Lighting. Shield and direct exterior lighting away from significant or rare biological resources to minimize impacts to wildlife. NR 18.1 New Development. Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources in accordance with the requirements of CEQA. Through planning policies and permit conditions, ensure the preservation of significant archeological and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA. NR 18.3 Potential for New Development to Impact Resources. Notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives of such groups to monitor grading and/or excavation of development sites. Bay") is located approximately 0.3 miles south of the Project site. The area between the Project site and Upper Newport Bay contains a hill with existing recreational and residential land uses which provides a buffer. Therefore, the Project would not result in substantial drainage, lighting, or noise impacts to the Upper Newport Bay. Therefore, the Project is consistent with Policy NR 10.6. Consistent. While there are no significant or rare biological resources on or adjacent to the site, the proposed Project would shield and direct light away from potential offsite sensitive species through compliance with Municipal Code Section 20.30.070 (Outdoor Lighting). Therefore, the Project is consistent with Policy NR 10.7. Consistent. As discussed in Section 5.4 of the EIR, Cultural Resources, and Section 5.6 of the EIR, Geology and Soils, both archeological and paleontological resource studies were conducted (included as Appendix E and I to the EIR, respectively). Mitigation Measures CUL-1, CUL-2, and PAL-1 were included to provide for monitoring during construction and excavation activities that would reduce potential impacts to archeological and paleontological resources to a less than significant level. Therefore, the Project is consistent with Policy NR 18.1. Consistent. In accordance with AB 52 and SB 18, the City sent letters to 20 Native American representatives identified by NAHC, notifying them of the proposed Project. Agency to agency consultation occurred between the City and two tribes. who stated that they have cultural affiliation with the Project region. While none of the tribes presented substantial evidence indicating that tribal cultural resources are present on the site, 20-48 Relevant General Plan Policies I Project Consistency NR 18.4 Donation of Materials. Require new development, where on site preservation and avoidance are not feasible, to donate scientifically valuable paleontological or archaeological materials to a responsible public or private institution with a suitable repository, located within Newport Beach or Orange County, whenever possible. NR 20.1 Enhancement of Significant Resources. Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points, as shown in Figure NR3. NR 20.2 New Development Requirements. Require new development to restore and enhance the visual quality in visually degraded areas, where feasible, and provide view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. Mitigation Measures TCR-1 through TCR- 3 have been included to provide for Native American monitoring on the site during grading and excavation activities to ensure that significant impacts to tribal cultural resources would not occur. Therefore, the Project is consistent with Policy NR 18.3. Consistent. As discussed in Section 5.4 of the EIR, Cultural Resources, and Section 5.6 of the EIR, Geology and Soils, Mitigation Measures CUL-1, CUL-2, and PAL-1 provide for archeological and paleontological monitoring on the site during grading and excavation activities, which includes potential donation of materials and curation at scientific institutions. Therefore, the Project is consistent with Policy NR 18.4. Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, none of the adjacent roadways feature long range view of scenic vistas such as the Upper Newport Bay Preserve. The Upper Newport Bay Preserve can be seen from Irvine Avenue south of University Drive, as shown in General Plan Figure NR-3. The Project would not result in significant impacts to significant scenic and visual resources from public vantage points. Therefore, the Project is consistent with Policy NR 20.1. Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, the proposed Project site is developed with the NB Golf Course and is mostly covered with both natural and artificial grasses and ornamental vegetation. The proposed Project would include landscaping that utilizes native draught tolerant vegetation and would provide new landscaping along the Irvine Avenue and Mesa Drive right-of- way. The proposed Project would not encroach upon public view corridors. 20-49 Relevant General Plan Policies I Project Consistency Policy NR 20.4. Public View Corridor Landscaping. Design and site new development, including landscaping, on the edges of public view corridors, including those down public streets, to frame, accent, and minimize impacts to public views. Policy NR 23.1 Maintenance of Natural Topography. Preserve cliffs, canyons, bluffs, significant rock outcroppings, and site buildings to minimize alteration of the site's natural topography and preserve the features as a visual resource. Policy NR 23.7 New Development Design and Siting. Design and site new development to minimize the removal of native vegetation, preserve rock outcroppings, and protect coastal resources. NR 24.2 Energy -Efficient Design Features. Promote energy -efficient design features. Therefore, the Project is consistent with Policy NR 20.2. Consistent. As discussed in Section 3.0 of the EIR, Project Description and Section 5.1, Aesthetics, the Project includes installation of new landscaping along the Irvine Avenue and Mesa Drive right-of-way and along both driveway entrances to the site. The new landscaping would frame and accent driveway entrances, and would screen views of the proposed parking areas, PV solar canopies, and proposed building structures to minimize impacts to public views. Therefore, the Project is consistent with Policy NR 20.4. Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, the Project site does not include any cliffs, canyons, bluffs, significant rock outcroppings; and thus, these types of natural topographic features would not be impacted from implementation of the Project. The Project does involve grading of the site; however, as detailed in Section 5.1 of the EIR, Aesthetics, the natural southwestward slope of the site would as viewed from Mesa Drive would remain with implementation of the Project. Therefore, the Project is consistent with Policy NR 23.1. Consistent. As discussed in Section 5.1 of the EIR, Aesthetics, the Project site does not include any native vegetation, rock outcroppings, or coastal resources. The Project site is developed and contains ornamental vegetation, and no native vegetation, rock outcroppings, or coastal resources would be removed as part of the Project. Therefore, the Project is consistent with Policy NR 23.7. Consistent. As discussed in Section 5.5 of the EIR, Energy, the proposed Project would implement energy efficient practices 20-50 Relevant General Plan Policies I Project Consistency NR 24.3 Incentives for Green Building Program Implementation. Promote or provide incentives for "Green Building" programs that go beyond the requirements of Title 24 of the California Administrative Code and encourage energy efficient design elements as appropriate to achieve "green building" status. S 4.7 New Development. Conduct further seismic studies for new development in areas where potentially active faults may occur. S 5.1 New Development Design within 100-year Floodplains. Require that all new development within 100-year floodplains incorporate sufficient measures to mitigate flood hazards including the design of onsite drainage systems that are connected with the City's storm drainage system, gradation of the site such that runoff does not impact adjacent properties, and buildings are elevated. S 5.2 Facility Use or Storage of Hazardous Materials Standards. Require that all new facilities storing, usinq, or otherwise involved with as outlined in Part 6 of Title 24 of the California Code of Regulations, adopted by the City in Municipal Code Chapter 15.17, which includes installation of solar panels on canopies in the parking areas and on building rooftops to maximize the use of renewable energy. Therefore, the Project is consistent with Policy NR 24.2. Consistent. As discussed in Section 3.0 of the EIR, Project Description, solar panels would be installed on building tops and solar canopies over portions of the parking areas to produce renewable energy to provide power to the proposed onsite operations. Therefore, the Project is consistent with Policy NR 24.2. Consistent. As discussed in Section 5.6 of the EIR, Geology and Soils, a Geotechnical Exploration was prepared for the Project site and is included as Appendix H to the EIR, which determined that there are no potentially active fault lines within 500 feet of the Project site. Therefore, the Project would be consistent with Policy S 4.7. Consistent. The Project site is not located within a 100-year floodplain. The Federal Emergency Management Agency (FEMA) Flood Zone Map 06059CO267J identifies that the Project site is located in Flood Zone X, which are areas that are determined to be outside of the 0.2% annual chance of flooding. In addition, the proposed Project would install an onsite drainage system that would be connected to the existing drainage channel that is adjacent to the site. Therefore, the Project would be consistent with Policy S 5.1. Consistent. As discussed in the previous response, the Project site is not located within a flood zone. Section 5.8 of the EIR, Hazards and Hazardous Materials, details 20-51 Relevant General Plan Policies I Project Consistency substantial quantities of onsite hazardous materials within flood zones comply with standards of elevation, anchoring, and flood proofing, and hazardous materials are stored in watertight containers. S 5.3 Minimization of Flood Mazard Risk. Require stormwater detention basins, where appropriate, to reduce the potential risk of flood hazards. S 7.1 Known Areas of Contamination. Require proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, and if contamination exceeds regulatory action levels, require the proponent to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination). S 7.2 Development Design within Methane Gas Districts. Ensure that any development within identified methane gas districts be designed consistent with the requirements of the Newport Beach Municipal Code. that the proposed Project would not use or store substantial quantities of hazardous materials and would comply with all required standards regarding the use, storage, and transportation of the limited quantities of hazardous materials that would be used by the Project. Therefore, the Project would be consistent with Policy S 5.2. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, the Project would utilize modular wetland systems and bioretention basins which would collect flows, filter, and then direct runoff into the Santa Ana Delhi Channel, which is adjacent to the site. The Project would not result in a potential flood risk, and the Project is consistent with Policy S 5.3. Consistent. As discussed in Section 5.8 of the EIR, Hazards and Hazardous Materials, a Phase II Environmental Site Assessment (Appendix L to the EIR) was conducted on the Project site, which included soils sampling, determined that there were no levels of herbicides, organochlorine pesticides, or Per- and polyfluoroalkyl substances (PFAS) detected above laboratory reporting limits. Therefore, the Project would be consistent with Policy S 7.1. Consistent. As detailed in Section 5.8 of the EIR, Hazards and Hazardous Materials, the Project site is not located within the Methane Gas Mitigation District as defined and listed in Municipal Code Section 15.55.030. Therefore, the Project is consistent with Policy S 7.2. 20-52 Relevant General Plan Policies Project Consistency S 7.4 Implementation of Remediation Efforts. Minimize the potential risk of contamination to surface water and groundwater resources and implement remediation efforts to any resources adversely impacted by urban activities. N 1.1 Noise Compatibility of New Development. Require that all proposed projects are compatible with the noise environment through use of Table N2 and enforce the interior and exterior noise standards shown in Table N3. N 1.7 Commercial/ Entertainment Uses. Limit hours and/or require attenuation of commercial/entertainment operations adjacent to residential and other noise sensitive uses in order to minimize excessive noise to these receptors. N 1.8 Significant Noise Impacts. Require the employment of noise mitigation measures for existing sensitive uses when a significant noise impact is identified. A significant noise impact occurs when there is an increase in the ambient CNEL produced by new development impacting existing sensitive uses. The CNEL increase is shown in the table below. Consistent. As discussed in Section 5.9 of the EIR, Hydrology and Water Quality, the proposed Project would implement a SWPPP and a WQMP that would provide BMPs to reduce or eliminate contamination to surface water or groundwater resources. Onsite drainage features would be installed that have been designed to slow and filter stormwater prior to discharge to reduce runoff and prevent transport of pollutants. Therefore, the Project is consistent with Policy S 7.4. Consistent. As discussed in Section 5.11 of the EIR, Noise, the proposed Project is compatible with the exterior noise environment and would not require implementation of mitigation measures. In addition, the City's development permitting process would ensure enforcement of the interior noise standards shown in Table N3. Therefore, the Project is consistent with Policy N 1.1. Consistent. As discussed in Section 5.11 of the EIR, Noise, the Project site is not directly adjacent to sensitive receptors and would not result in excessive noise to sensitive receptors, would not exceed noise thresholds, and would not result in a substantial increase in ambient noise, as detailed in Section 5.11 of the EIR, Noise. Therefore, the Project is consistent with Policy N 1.7. Consistent. As discussed in Section 5.11 of the EIR, Noise, the proposed Project would not result in significant impacts related to an increase in ambient noise. Table 5.11-10 and Table 5.11-11 identify that the Project would generate daytime ambient noise level increases ranging from less than 0.1 to 0.8 dBA Leq and nighttime noise level increases ranging from less than 0.1 to 2.0 dBA Lea at the 20-53 Relevant General Plan Policies I Project Consistency N 4.2 New Uses. Require that new uses such as restaurants, bars, entertainment, parking facilities, and other commercial uses where large numbers of people may be present adjacent to sensitive noise receptors obtain a use permit that is based on compliance with the noise standards in Table N3 and the City's Municipal Code. N 4.6 Maintenance of Construction Activities. Enforce the Noise Ordinance noise limits and limits on hours of maintenance or construction activity in or adjacent to residential areas, including noise that results from in -home hobby or work related activities. N 5.1 Limiting Hours of Activity. Enforce the limits on hours of construction activity. nearby receiver locations, which are less than the thresholds. Therefore, noise impacts related to Project operations would be less than significant and the Project is consistent with Policy N 1.8. Consistent. The Project site is not directly adjacent to sensitive receptors and would not result in an exceedance of noise thresholds or a substantial increase in ambient noise, as detailed in Section 5.11 of the EIR, Noise. In addition, the Project would be in compliance with the City's municipal code, as verified through the City's development review and permitting process, and would obtain use permits as required, per the detail in Section 3.0 of the EIR, Project Description. Therefore, the Project is consistent with Policy N 4.2. Consistent. As discussed in Section 5.11 of the EIR, Noise, construction of the proposed Project would comply with the City of Newport Beach Municipal Code Section 10.28.040 requiring construction activities to take place between 7:00 a.m. and 6:30 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. on Saturdays. Therefore, the Project is consistent with Policy N 4.6. Consistent. As discussed in Section 5.1 of the EIR 1, Noise, construction of the proposed Project would comply with the City of Newport Beach Municipal Code Section 10.28.040 requiring construction activities to take place between 7:00 a.m. and 6:30 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. on Saturdays. Therefore, the Project is consistent with Policy N 5.1. 20-54 EXHIBIT "E" TRIBAL CONSULTATION TIMELINE Snug Harbor Surf Park Tribal Consultation Timeline June 2024 — City contacts the Native American Heritage Commission (NAHC) requesting a Sacred Lands File (SLF) records search and list of tribes to reach out to for SB 18 purposes. June 18, 2024 — The NAHC responds with a consultation list of tribes with traditional lands or cultural places located in the Project. The letter states that the result of the Sacred Lands File (SLF) check was Positive and to contact the Gabrieleno/Tongva San Gabriel Band of Mission Indians for more information. September 19, 2024 — Commence Tribal outreach process. The City has a completed Project application and the City sends all the tribes on its AB 52 list and those identified by the NAHC letters describing the Project and inviting tribes to request consultation per AB 52 / SB 18. September 25, 2024 — The Gabrieleno Band of Mission Indians — Kizh Nation sends a letter in response stating that the Project location is within their Ancestral Tribal Territory; and the Tribal Government requests to schedule a consultation to discuss the Project and the surrounding location in further detail. October 14, 2024 — The City responds to the Gabrieleno Band of Mission Indians — Kizh Nation request for consultation via email and sets a meeting for November 5, 2024 at 1:00 p.m. November 4, 2024 — The City receives an email from the Gabrieleno Band of Mission Indians — Kizh Nation rescheduling the November 5, 2024, meeting due to Chairman illness, and states that the Tribal Chairman is unavailable for the rest of November. The City responds to email and agrees to an email consultation due to tribe unavailability and requests tribe to forward tribal information regarding the Project location or site. January 9, 2025 — City emails Gabrieleno Band of Mission Indians — Kizh Nation follow up and requests tribal information and preferred mitigation. The tribe responded by providing their standard mitigation measures. January 17, 2025 — City emails Gabrieleno Band of Mission Indians — Kizh Nation and accepts their recommended mitigation measures and closes consultation. February 3, 2025 — Email received from Gabrielino Tongva Indians of California, forwarding an sent email sent on September 26, 2024 (that was not previously received by the City) requesting consultation. February 18, 2025 — City has a consultation call with the Gabrielino Tongva Indians of California who assert ancestral ties to the Newport Beach and back bay area and the City requested that the tribe provide substantial evidence to meet AB 52 / SB 18 and CEQA criteria. February 21, 2025 - City emails Gabrielino Tongva Indians of California proposed mitigation providing for consulting tribes to monitor excavation of native soils onsite. The Gabrielino Tongva Indians of California agrees to proposed mitigation and provides substantial evidence of the Tongva Village site of Genga by Newport Bay and related tribal resources. February 24, 2025 — City emails Gabrielino Tongva Indians of California acknowledges their agreement on the proposed mitigation measures for monitoring and closing consultation with the tribe. May 16, 2025 — City emails the Gabrieleno Band of Mission Indians — Kizh Nation providing notification that as the Lead Agency, the City has modified the mitigation measures previously provided by the Kizh Nation in response to a request for consultation from another California Native American Tribe that is recognized by NAHC and eligible to engage in consultation for purposes of SB 18 and AB 52. The Gabrieleno Band of Mission Indians — Kizh Nation responded to the City's email stating their objection and stating that determination of tribal ancestry is based on substantial evidence of traditional and cultural affiliation to the land in question and states that the Tongva have no direct historical, ancestral, or cultural ties to the Newport Beach. June 4, 2025 — The City sends a response letter to Gabrieleno Band of Mission Indians — Kizh Nation responding to their objection stating that the Gabrielino Tongva Indians of California tribe provided the City with substantial evidence identifying that the Project area is within their Ancestral Tribal Territory. The SLF search completed for the Project by the NAHC resulted in a positive finding that the site is within traditional lands or cultural places for the Gabrieleno/Tongva San Gabriel Band of Mission Indians. As recently as 2023, the NAHC identified the Gabrielino Tongva Indians of California as a Native American Tribe that is traditionally or culturally affiliated with Orange County and the Project area. Therefore, in response to the findings of the SLF search and SB 18 and AB 52 consultation processes, which identify that more than one tribe may have resources within the Project area, the City as Lead Agency has determined that the mitigation measures that are modified from those provided previously by Kizh Nation shall be applicable to the Project. The letter further states that the City understands that the Kizh Nation would like to be the sole tribe monitoring the Project ground -disturbing activity. SB 18 and AB 52 simply prevent the City from feasibly reaching that conclusion given the information provided by the NAHC and the substantial evidence presented by Gabrielino Tongva Indians of California regarding that tribe's traditional and cultural affiliation to the Project site. June 5, 2025 — City receives objection letter from the Gabrieleno Band of Mission Indians — Kizh Nation objecting to the response to the previous objection. The letter states that the City's recent unilateral actions to revise and dilute the agreed -upon significant mitigation measures constitute multiple legal violations under AB 52, SB 18, and CEQA. The letter states that it is not legally permissible to alter mitigation protocols in response to late letters from unrelated entities that offer no verifiable archaeological, historical, or ethnographic evidence of ancestral affiliation. The letter further states that The City's consideration of outside entities that have not been historically tied to the area is in violation of this statute. June 23, 2025 — The City attorney sends a letter to the Gabrieleno Band of Mission Indians — Kizh Nation responding to the June 5 letter received stating that the City disputes allegations that the City is in violation of AB 52 and SB 18 and reiterates that the Kizh Nation is able to monitor ground disturbance and consult regarding any resources are discovered. The letter details the City's compliance with AB 52, SB 18, and the recent Koi Nation Decision. September 3, 2025 — City receives an email from the Chairman of the Kizh Nation to City following up on June 5 correspondence stating that they have not received a response. The letter objects to any changes to the mitigation measures the tribe provided and stating that the changes are a violation of AB 52 and the tribe will request avoidance and oppose the Project. September 4, 2025 — The City responds to the Gabrieleno Band of Mission Indians — Kizh Nation email from September 3 and re -sends the City's letter from June 23, 2025. September 23, 2025 — City representative for Project calls tribe Chairman to discuss a potential monitoring agreement for the Project. Attachment B Resolution No. 2025-72 20-55 RESOLUTION NO. 2025- 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MAJOR SITE DEVELOPMENT REVIEW, CONDITIONAL USE PERMIT, AND MODIFICATION PERMIT TO AUTHORIZE THE CONSTRUCTION AND OPERATION OF THE SURF PARK WITH ANCILLARY USES AND TYPES 47 (ON -SALE GENERAL EATING PLACE), 58 (CATERER) AND 68 (PORTABLE BAR) ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE PROPERTY LOCATED AT 3100 IRVINE AVENUE (PA2024-0069) WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City 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 CAA Planning, on behalf of Back Bay Barrels, LLC ("Applicant"), concerning property located at 3100 Irvine Avenue, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"), WHEREAS, the Applicant is requesting to redevelop the central 15.38-acre parcel of the privately owned Newport Beach Golf Course by removing the existing driving range and putting green, pro -shop, restaurant and bar, and three holes of golf and replacing it with a new surf -focused outdoor commercial recreation use ("Project"); WHEREAS, the Project's site improvements include approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spa, restrooms, landscaping, clubhouse with amenities, athlete accommodation building with 20 overnight rooms, and two parking lots with 351 parking spaces, WHEREAS, the Project will be constructed on approximately 79,533 square feet of area; however, 19,761 square feet will be excluded from the total development limit of the Property as incidental building areas which is consistent with Table LU1 (Land Use Plan Categories) of the City's General Plan ("General Plan") for properties categorized as Parks and Recreation; WHEREAS, the following approvals are requested or required to implement the Project as proposed: 20-56 Resolution No. 2025-72 Page 2 of 5 • General Plan Amendment ("GPA"): To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU 2 of the Land Use Element of the General Plan; • Major Site Development Review ("SDR"): To construct a nonresidential building larger than 20,000 square feet in area; • Conditional Use Permit ("CUP"): To allow the operation of an outdoor commercial recreation use including a restaurant with alcohol sales, establish the appropriate parking rate, and allow the construction of buildings taller than 18 feet; • Modification Permit: To allow for the construction of retaining walls taller than eight feet in height from finish grade; and • Environmental Impact Report ("EIR"): To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals; WHEREAS, the Property is categorized as Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR) Zoning District; WHEREAS, the Property is not located within the Coastal Zone; therefore, a coastal development permit is not required; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, the ALUC determined the Project to be inconsistent with the AELUP on August 7, 2025; WHEREAS, a public hearing was held by the Planning Commission on September 4, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 20-57 Resolution No. 2025-72 Page 3 of 5 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2025-018 by a unanimous vote (6 ayes, 1 recusal) recommending the City Council approve the Project; WHEREAS, after the Planning Commission's decision and pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on September 9, 2025, and adopted Resolution No. 2025-60 (6 ayes, 1 absent) to notify ALUC and the State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding; and WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Project. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings) of the NBMC, City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 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 has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council hereby approves the Major Site Development Review, Conditional Use Permit, and Modification Permit, collectively filed as PA2024- 0069, subject to the conditions of approval set forth in Exhibit "B," based on the required findings and facts to support said findings, as set forth in in Exhibit "C." Both Exhibits are attached hereto and incorporated herein by this reference. Additionally, the City Council hereby approves the Reduced Amenities Alternative analyzed in Appendix F of the EIR as a Project alternative that may be implemented at the Applicant's election in that it substantially conforms with the Major Site Development Review. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 20-58 Resolution No. 2025-72 Page 4 of 5 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: An EIR (State Clearinghouse No. 2024110238) was prepared for the Project in compliance with the California Environmental Quality Act ("CEQA") as set forth in Public Resources Code Sections 21000 et seq., Section 15000 et seq. as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations ("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 significant environmental impacts. Based on the entire environmental review record, the City Council having final approval authority over the Project, finds that the Project, with mitigation measures, will have a less than significant impact on the environment and there are no known substantial adverse effects on human beings. By Resolution No. 2025-73, the City Council adopted and certified the Final EIR as complete and adequate and adopted the Mitigation Monitoring and Reporting Program including all findings contained therein, which is hereby incorporated by this reference. Section 6: 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. 20-59 Resolution No. 2025-72 Page 5 of 5 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 28th day of October, 2025. ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron . Harp City Att rney Attachment(s). Joe Stapleton Mayor Exhibit A — Legal Description Exhibit B — Conditions of Approval Exhibit C — Findings and Facts in Support of Findings 20-60 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 94-2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 9, 1994 AS INSTRUMENT NO. 94-318607 OF OFFICIAL RECORDS_ EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT NO. 97-428866 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO. 2014-427814 OF OFFICIAL RECORDS. �,�, ► l �i fi �'���I�II��'�i i E:���Z�E �i l 20-61 EXHIBIT "B" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. 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 cause for the revocation of this approval. 4. The Applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved Mitigation Monitoring Reporting Program (MMRP) of EIR SCH No. 2024110238. 5. The Major Site Development Review, Conditional Use Permit Use Permit, and Modification Permit filed as PA2024-0069 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC unless an extension is otherwise granted. 6. The maximum height of the amenity clubhouse building shall be limited to 50 feet above the existing grade established pursuant to 20.30.050 (Grade Establishment) of the NBMC. 7. The maximum height of the visitor accommodation building shall be limited to 40 feet above the existing grade established pursuant to 20.30.050 (Grade Establishment) of the NBMC. Guests of the athlete accommodations shall also be guests of the surf park to ensure the accommodations remain ancillary to the principal use and do not operate as a separate and distinct use. 8. The storage areas exempt from development intensity limits, as identified on the plans, shall not be converted to useable space without an additional General Plan Amendment to Anomaly No. 58. 9. Hours of operation are limited to 6 a.m. to 11 p.m., daily. 20-62 10. A total of 324 parking spaces shall be made permanently available for use, including 229 for guests and employees of the surf park and 95 for Golf Course guests. 11. If actual parking demand exceeds anticipated parking demand, the Applicant will be required to work with public works staff to implement parking solutions. 12. Employees arriving by car shall park on site. 13. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm lighting will not cause a nuisance to nearby residential properties. 14. Illumination shall not exceed 9-foot candle beyond the property line. 15. Illumination of the surfing lagoon shall be subject to a thirty (30) day review period, during which time the Community Development Director may determine that a reduction in illumination or turning off of illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at anytime, the Directormay orderthe dimming or turning off of any illumination found to be excessively bright. 16. The Major Site Development Review, Conditional Use Permit Use Permit, and Modification Permit filed as PA2024-0069 may be modified or revoked by the City Council should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 17. Prior to Certificate of Occupancy, the Applicant shall pay Development Impact Fees. 18. Prior to the issuance of a building permit, the Applicant shall pay San Joaquin Transportation Corridor Association fees in accordance with the fee schedule at time of building permit issuance. 19. Prior to the issuance of a building permit, the Applicant shall pay any applicable Traffic Fair Share fees at time of building permit issuance. 20. Changes in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review by the Planning Division. Significant changes may require an amendment to this approval or the processing of a new approval. 20-63 21. Prior to the issuance of a building permit, a copy of the Resolution, including the conditions of approval of Exhibit "B" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 22. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the PA2024-0069 file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by PA2024-0069 and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 23. 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 plants and water -efficient irrigation practices, and the plans shall be approved by the Planning Division. 24. Prior to final building permit inspection, an inspection shall be performed by Planning staff to confirm landscaping is installed per plan. 25. 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. 26. All proposed signs shall be in conformance with Chapter 20.42 (Signs) of the NBMC. 27. 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. 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. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 20-64 30. Construction activities shall comply with Section 10.28.040 (Construction Activity —Noise Regulations) of the NBMC, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays, or Holidays. 31. Operation of outdoor speakers shall cease by 10 p.m. 32. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 33. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right- of-way. 34. The exterior of the business 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. 35. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 37. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 38. 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 Snug 20-65 Harbor Surf Park including, but not limited to, PA2024-0069. 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. Fire Department 39. Fire department access shall comply with the 2022 California Fire Code ("CFC'), NBMC, and NBFD Guidelines C.01, C.02, C.03, and C.04. 40. Fire access lanes shall clearly be identified' on the plans. Fire access lanes cannot be impeded by loading zones or other obstructions that would delay service response times. 41. The number and placement of fire hydrants shall comply with the CFC and Newport Beach Fire Department ("NBFD') Guideline B.01. 42. Structures shall be protected with an automatic fire sprinkler designed to the National Fire Protection Association ("NFPA') 13 standard. 43. The amenity clubhouse and any structures where the highest story floor level is located greater than 30 feet above the lowest level of fire department vehicles access shall have standpipes installed and designed to the NFPA 14 standard. 44. Fire alarm systems and smoke alarms shall be installed in R-1 occupancies. An automatic smoke detection system that activates the occupant notification system shall be installed throughout all interior corridors serving sleeping units. 45. Single- and multiple station smoke alarms shall be installed in accordance with Section 907.2.11 of the CFC 46. Emergency response communication system shall be installed throughout in accordance with the CFC and NBFD Guideline D.05. 47. Building shall be addressed in accordance with the NBMC. 48. At least one elevator shall be gurney sized and meet the requirements of the California Building Code ("CBC') 3002.4a. 20-66 49. Standby power shall be provided for elevators and platform life as required by Sections 604.3, 1009.4.1, and 1009.5 of the CBC. 50. Emergency power outlets shall be provided and installed according to NBMC 9.04.330. 51. A Type 1 hood shall be provided for the kitchen. 52. A fixed suppression system shall be installed and designed to NFPA 17A for cooking operations. 53. CO2 beverage dispensing exceeding 100 lbs. shall meet the requirements of the 2022 California Fire Code section 5307.3 for ventilation or gas detection. 54. A chemical inventory with storage locations shall be provided to the NBFD during plan check. The maximum allowable quantities of chemicals and the amount in use and storage will dictate the design of the chemical storage area, fire protections systems, and other fire and life safety requirements. 55. Knox boxes shall be provided and identified on the plans at all locations that would require fire department access. 56. Gates shall be provided with a knox gate switch and either an Opticom or Click2Enter system. 57. Occupant load and egress analysis for all assembly spaces shall be required during plan check. Building Division 58. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the approval of rough inspection. 59. The Applicant shall employ the following best available control measures 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, apply dust control measures, or apply water four times daily to all unpaved parking or staging areas. 20-67 Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. Cover or water twice daily any on -site stockpiles of debris, dirt, or other dusty material. Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off -road equipment. • Limit allowable idling to 5 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. 60. 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. 61. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan ("WQMP") for the 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. 62. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the Property to minimize the likelihood that pollutants will be used, stored, or spilled on the Property that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or 20-68 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. 63. Allowable building area, height, and story shall comply with Chapter 5 of CBC. 64. Orange County Health approval is required. The required number of shower and plumbing fixtures shall also comply with OC Health requirements. 65. Egress balcony shall comply with 1021 of CBC. 66. Exit access stairways shall comply with 1019 of CBC. 67. Exits shall comply with accessible means of egress per 1009 of CBC. 68. Emergency Escape Rescue for sleeping rooms shall comply with 1031 of CBC. 69. Assembly area shall comply with 1030 of CBC. 70. Occupancy load for spaces with 1 exit limited to 49. Spaces with one exit shall comply with Table 1006.2.1, Table 1006.3.4(1) & Table 1006.3.4(2) of CBC. 71. Required number of plumbing fixtures shall comply California Plumbing Code ("CPC) Table 422.1 72. Accessible path of travel is required from parking areas and public right of way. An accessible route to each pool and surf lagoon is required. 73. Exterior wall and opening protection between building and to property line shall comply with 705 of CBC. 74. Fire and sound separation at each sleeping room shall comply with 420.2 of CBC. 75. Circulation path shall be physically separated to the vehicular way. Show required detectable warning on plans 11 B-250.1 76. A minimum of 5% or at least one of each type of seating area shall be accessible. 77. Required number of accessible restrooms for multiusers shall comply with 11 B- 213.2 of CBC. 78. Transient lodging shall comply with 11 B-224 of CBC. 20-69 79. An accessible route to the second story of the visitor accommodations building is required. 11B-206.2.3 Exception 1.2 may apply if Applicant demonstrates during plan check that rooms on second level provide same experience as first level. 80. Design foundation for liquefaction mitigation pursuant to policy. https://www. tie wportbeachca.gov/home/showp ublisheddocumenV2929163568249 '3202100000 81. Bicycle parking shall comply with 5.106.4 of Cal Green. 82. EV Capable, EVSE and EV accessible parking shall comply with table 5.106.5.3.1 of Cal Green and Table 11 B-228.3.2.1 of the CBC. Note that regular accessible parking shall be separated from EV accessible parking. 83. Top of adjacent slope and setback shall comply with 1808.7.3 of the CBC. 84. Property is located within a flood zone. If any building is proposed within the flood map, it shall comply with flood zone A finish floor requirements. Public Works Department 85. Prior to the issuance of a building permit, a final Construction Management Plan shall be reviewed and approved by the Community Development Director and City Traffic Engineer. 86. Prior to the issuance of a building permit, a final hydrology report and storm drain plan shall be reviewed and approved by the City. 87. The Applicant shall reconstruct curb, gutter, and sidewalk per City standard along the Irvine Avenue and Mesa Drive frontages. The extent of reconstruction shall be determined by the Public Works inspector. 88. The proposed driveway along Mesa Drive shall be a right -turn in and right -turn out driveway. Final design of the driveway will be reviewed and approved as part of the plan check process. 89. The driveway along the Irvine Avenue frontage shall be a right -turn in, left -turn in, and right -turn out only driveway. Final design of the driveway will be reviewed and approved as part of the plan check process. 90. The Applicant shall install a new minimum 12-inch water main (final size of main to be determined during building plan check) connecting to the existing 24-inch water main within the Irvine Avenue right of way. Final design of the new water main and associated water services shall be reviewed and approved as part of the 20-70 plan check process. Construction of the new water main and services shall be completed by a City approved contractor. 91. The existing 6-inch water line shall be abandoned as part of the project. 92. Sewer service for the project site is provided by Costa Mesa Sanitary District ("CMSD'). Final CMSD approved sewerplans shall be included in the building plan check set. 93. A final parking management plan ("PMP') shall be reviewed and approved by the City prior to building permit issuance. The final PMP shall include planned valet operation and gate operation. The gated entry shall be accompanied by a dedicated turn around area prior to the gates. The Applicant shall prohibit vehicles from stacking within the public right of way. 94. The parking layout shall comply with City Standard 805. All dead-end drive aisles shall be accompanied by a designated turn around area and 5-foot minimum drive aisle extensions to accommodate vehicle turn around. 95. The driveways along Irvine Avenue and Mesa Drive shall be constructed per City Standard 161. 96. A minimum 4-foot-wide easement for sidewalk and pedestrian purposes shall be provided across the driveway. 97. Final design for any modifications to the Irvine Avenue driveway shall be reviewed and approved during Building plan check. 98. Driveways shall be designed to provide adequate sight distance per City Standard 105. Walls within the limited use area shall be limited to 30" in height and landscaping shall have a maximum growth characteristic of 24" in height. 99. Vehicles entering and exiting the project site driveways at the Mesa Drive and Irvine Avenue shall be prohibited from queuing into the public right-of-way and impacting the adjacent public sidewalk and streets. 100. All loading areas and service turnaround areas shall be located outside the required widths of the adjacent drive aisles. 101. The average number of vehicles for the project shall comply with the estimates from the approved Trip Generation Assessment and Parking Demand Assessment reports 102. Prior to the issuance of a building permit, County Sanitation District fees shall be paid. 20-71 103. Internal source separation must be considered for the facility, specifically for the restaurant/bar area and athlete accommodations. External three -container system are required and containers must fit within enclosure requirements listed in NBMC 20.30.120 (Solid Waste and Recyclable Materials). 104. Nineteen (19) offsite Brisbane box trees shall be planted at 30-foot on center spacing consistent with the proposed landscape plan and direction from Public Works Municipal Operations staff. 105. An air gap shall be included in the design. Air -gap separation" or "AG" means a physical vertical separation of at least 2 times the effective pipe diameter between the free -flowing discharge end of a potable water supply pipeline and the flood level of an open or non -pressurized receiving vessel, and in no case less than 1 inch. Police Department 106. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Type 47 (On -Sale General) Alcoholic Beverage License and any additional licenses. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 107. Alcohol service shall end no later than 11 p.m., daily unless approved under separate permit by the City of Newport Beach. 108. Food service must be available at all times that alcoholic beverages are being served or consumed on the premises. 109. There shall be no reduced priced alcoholic beverage promotions after 9 p.m. 110. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 111. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 112. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined in Chapter 10.26 (Community Noise Control) of the NBMC, and other applicable noise control requirements, are not exceeded. 20-72 113. The exterior of the business shall be maintained free of litter and graffiti at all times. 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. 114. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises and under the control of the licensee. 115. Petitioner(s) shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 116. Any event or activity staged by an outside promoter or entity where the Applicant, operator, owner, his employees, or representatives share in any profits, orpay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 117. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training program must be updated every three years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City. 118. No person under the age of 21 shall sell or deliver alcoholic beverages, except as allowed by the Department of Alcoholic Beverage Control. 119. The sale of alcoholic beverages for consumption off the premises is prohibited. 120. Unsold alcoholic beverages in the park shall not be served or delivered to customers by individual ambulatory vendors, more commonly known as "hawkers". 121. No alcoholic beverages shall be permitted to be brought onto the licensed area by the public, nor shall any alcoholic beverages be permitted to be removed from the licensed area by the public. 122. All alcoholic beverages that will be sold or consumed within the lagoon and pool areas shall be served in containers which are distinctive in design and color, easily 20-73 distinguishable from any other containers used in the service of beverages. All containers shall be non -glass, shatterproof containers. 123. Alcoholic beverages shall be dispensed, sold and served in containers no larger than sixteen (16) ounces. 124. Petitioner(s) shall furnish keys, pass cards, or entry frequencies to the Newport Beach Police Department. 125. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 126. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. Special Events 127. Special Event Level Defined. Level 1, 2, and 3 special events shall be defined as follows: "Level 1 Special Event" shall mean any event: a. With a duration of no more than one (1) day; b. With an attendance of less than one thousand (1, 000) persons, c. Involves no public road or travel lane closures or detours; d. Requires no traffic control, as determined by the City Traffic Engineer or the Police Department; and e. Does not require the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department. "Level 2 Special Event" shall mean any event: a. With a duration of up to four (4) consecutive days, including setup and breakdown, or b. With an attendance of one thousand (1,000) to five thousand (5,000) persons over the course of the special event; or c. Involves no public road or travel lane closures or detours; d. Requires no traffic control, as determined by the City Traffic Engineer or the Police Department; and e. Does not require the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department. f. If more than 2,500 people are anticipated on any one day, an off -site parking agreement shall be supplied to the City at least ten (10) days prior to the event. The off -site parking agreement shall include the following information: Anticipated daily parking demand Location of off -site parking 20-74 iii. Number of off -site parking spaces available for special event use iv. Plan to convey attendees to site (e.g., shuttle bus or walking path). "Level 3 Special Event" shall mean any event: a. any event lasting longer than, or with greater attendance than that defined above, -or b. any event requiring public road, travel lane closures or detours, or traffic control; or C. any event requiring the presence of City personnel 128. The Project shall be allowed to conduct twelve permitted special events each year., 129. No Permit Required for Level 1 Special Events. Level 1 special events authorized by, and in compliance with the conditions of, this Conditional Use Permit shall be exempt from the permit requirements of Chapter 11.03 of the NBMC, or any successor statute. 130. A Special Event Permit shall be required for Level 2 and 3 events. 131. Advance Notice of Level 2 and Level 3 Special Events Requiring Off -Site Parking. The applicant shall notify the Community Development Department of all Level 2 and Level 3 special events authorized a minimum of 14 days prior to the special event. The off -site parking agreement shall be provided to the City Traffic Engineer for review and approval. 132. Quarterly Special Event Monitorinq Report. The applicant shall submit a quarterly report of all Level 1 and 2 special events conducted on the project site to the Community Development Department to monitor the number of special events and verify compliance with the conditions of this permit. The report shall be submitted on or before the 15r" day of the quarter in a form approved by the Community Development Department, which shall include the following information: a. The special event title,- b. A general description of the special event; C. The date, start time and duration of the special event. d. The estimated daily attendance; and e. A description of any sound amplification equipment outside of daily operations. 133. Hours of Operation for Level 1 Special Events. The use of amplified sound beyond typical operational characteristics shall not begin before 7:00 a.m. on weekdays or before 8:00 a.m. on weekends and federal holidays. The use of amplified sound beyond typical operational characteristics shall cease at the following times: 20-75 Latest Latest Amplified Special Dates Sound Event End End Time* Time* Sunday through Thursday, except on NMUSD holidays and 1Op. m. during NMUSD recesses** Weekdays and Weekends on NMUSD holidays and during 10 P.M. NMUSD recesses** Independence Da Jul 4 11 P.M. 12: 00 a.m. 12: 30 a.m. 1:15 a.m. New Year's Eve (December 31) on New on New Year's Day Year's Da * The special event end time shall mean the time when the special event activities have ceased, and all attendees have exited the site. The special event end time does not include post -event clean-up and breakdown. ** Newport Mesa Unified School District (NMUSD) holidays and recesses shall be determined by the current official calendar approved by the NMUSD Board of Education. 134. Any special event involving the use of amplified sound outside of time limits prescribed above shall require a Special Event Permit in accordance with Chapter 11.03 (Special Events) of the NBMC. 135. Sound Level Monitoring and Mitigation. The use of amplified sound shall comply with the Environmental Impact Report (SCH No. 2024110238), hereby incorporated by reference, to ensure that sound generated by the project site does not exceed the noise standards of Chapter 10.26 (Community Noise Control) of the NBMC. 136. City Monitoring. A City sound monitor shall be required at all special events involving amplified sound beyond typical operational characteristics, unless waived by the Community Development Director. 137. Professional Sound Monitorinq and Reporting Services. The applicant shall enter into an agreement with City to reimburse the City for costs and expenses of providing professional sound monitoring and reporting services for special events involving the use of amplified sound beyond typical operational characteristics, if City Monitoring is deemed necessary. The form of the agreement shall be determined by the City Attorney's office. 138. Insurance. The applicant shall provide general liability insurance at the minimum amount required by City policy naming the City of Newport Beach as additionally insured. 139. Licenses. The applicant shall complete the Special Events Temporary Business License Application and collect the apportioned business license from each 20-76 vendor, exhibitor or other service provider and remit the payments to the City prior to the special event date. 140. Permits and Insaection a. The applicant shall obtain any applicable City permits and inspections for the installation of temporary structures, stands, platforms, stages and stage lighting rigs over thirty (30) inches in height from grade, all tents and temporary membrane structures having an area in excess of four hundred (400) square feet, and the use and storage of portable liquefied petroleum gas containers. b. The applicant shall provide plans, details and specifications with calculations, to the Building Division for plan review and approval, at least thirty (30) days prior to the special event. Such plans shall be stamped and signed by a licensed engineer in the State of California. The following note shall be provided on the plans: "Engineer shall perform site observations during the construction and shall provide a letter to the City building inspector stating the temporary buildings, stands, platforms, stages and stage lighting rigs are installed per code and satisfactory to be used for their intended purpose. " C. The applicant shall allow City officials access for inspections in order to determine compliance with City codes, any approved permit and/or any conditions of approval. d. The applicant shall comply with all lawful orders and requirements of the principal building inspector. 141. Outside Agencies. a. Any food service to comply with Orange County Health Department requirements. b. Any alcoholic beverage service shall comply with Alcoholic Beverage Control requirements. 142. Special events shall comply with Chapter 6.06 (State Mandated Municipal Solid Waste Diversion) of the NBMC. 143. Permittee shall submit a plan to reduce waste, consistent with State law, to the Municipal Operations Department at least two weeks prior to the start of a permitted special event. The plan should address all types of waste materials generated. 20-77 EXHIBIT "C" 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 findings and facts in support of such findings are set forth as follows: Finding: A. The proposed development is allowed within the subject Zoning District. Facts in Support of Finding: 1. The Property is located within the Santa Ana Heights Specific Plan (SP-7), Open Space and Recreation (OSR) District. The SP-7/OSR District allows for local and buffer greenbelts by right, public and private utility buildings and structures subject to the approval of a minor use permit, and golf courses and commercial recreation subject to the approval of a CUP. 2. The purpose and intent of the SP-7/OSR District is to ensure the long-term use and viability of the Golf Course. The Project is not designed to replace the entirety of the Golf Course's operations, rather it includes components that will continue to support golf operations on the northern and southern portions. It will further introduce additional revenue generating activities and ancillary uses helping to ensure the future viability of the Golf Course. Finding: B. The proposed development is in compliance with all of the following applicable criteria: i. 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; 20-78 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 rights) -of -way and compliance with NB MC Section 20.30.100 (Public View Protection). Facts in Support of Finding: 1. All Facts in Support of Finding A are hereby incorporated by reference. 2. The Property is categorized as Parks and Recreation (PR) by the Land Use Element of the General Plan. The proposed commercial recreational use is consistent with uses contemplated by the PR category, including private recreation. 3. The Project requires a GPA to increase the maximum development limit identified in Table LU2 as Anomaly Number 58; however, the underlying land use category of PR will remain. The Project is consistent with the General Plan as proposed to be amended. 4. The Project is in furtherance of several General Plan Goals and consistent with many General Plan Policies, as detailed in Resolution No. 2025-72, Exhibit "C", which is hereby incorporated by reference. 5. The Property is located within the Santa Ana Heights Specific Plan (SP-7), Open Space and Recreation (OSR) District. The SP-7/OSR District allows for local and buffer greenbelts by right, public and private utility buildings and structures subject to the approval of a minor use permit, and golf courses and commercial recreation subject to the approval of a CUP. 6. Subsection 20.90.050(E) (Site Development Standards) of the NBMC establishes minimum development standards for the Property, including setbacks and height. The SP-7/OSR District requires a minimum building setback of 20 feet from all property lines and establishes a maximum building height of 18 feet, unless otherwise provided for by use permit. The Project complies with the required building setback and is proposing a maximum building height of 50 feet above the existing grade for the amenity clubhouse and 40 feet above the existing grade for the visitor accommodations building. 7. The Project includes the removal of existing improvements on the Property and developing a surf park. The surfing lagoon would be divided into two, 5.1-million-gallon basins that would be hydrologically separated by wave making equipment, forming a 20-79 heart -shape lagoon up to 13 feet deep. The lagoon would be heated and surrounded by viewing platforms, seating, three warming pools and one spa ranging in size from 640 to 1,600 square feet, nine outdoor showers, restrooms, and lighting. The surf lagoon will be lighted for evening use by 71-foot-high light poles that would be located adjacent to the lagoon with lights focused down onto the surf lagoon. Additional mechanical equipment, such as the lagoon heating equipment, would have a height of approximately 15 feet and would be located northeast of the surf lagoon. 8. Ancillary uses include a three-story, 50-foot-tall, 50,341-square-foot amenity clubhouse building and a two-story, 40-foot-tall, 9,432-square-foot athlete accommodation building with 20 overnight rooms. The basement level of the clubhouse would provide staff areas, mechanical equipment, golf cart storage, surfboard storage, and storage space. The first floor of the clubhouse would contain a reception area as well as a surf academy area, changing rooms, storage lockers, and a surf themed retail store. There would also be a sit-down restaurant with a full -service bar in addition to a quick food service coffee bar/snack shack. The second floor would have a fitness facility, locker room, spa, and yoga room. The third floor would contain administrative offices, an operations center, and day use cabanas. Both the second and third floors would have a deck along the entire eastern frontage of the building, providing views of the surf lagoon. The athlete accommodation building would provide 20 overnight units, 10 on each floor. 9. To support the amenities, the Project includes freestanding restroom buildings throughout the Property. 10. The Project will have alcohol service within the amenity clubhouse and throughout the grounds of the surfing lagoon through a Type 47 (On -Sale General - Eating Place) Alcohol Beverage Control license ("ABC License"), a Type 58 (Caterer) ABC License, and a Type 68 (Portable Bar) ABC License. 11.The Project is proposed to be served by 351 parking spaces within two surface lots that are partially covered by 14-foot- to 18-foot-high solar canopies. These canopies, in conjunction with solar panels atop the surf park buildings, will provide onsite renewable energy to help offset the energy required to power its operations. The Project proposes 143,844 square feet of drought tolerant ornamental landscaping and would provide 235,650 square feet of open space. 12.Table 3-10 (Off -Street Parking Requirements) of Section 20.40.040 (Off -Street Parking Spaces Required) of the NBMC provides that the number of parking spaces required for a commercial recreation use shall be established by use permit. The July 14, 2025, Gibson Transportation Consulting, Inc. Parking Demand Analysis ("Parking Analysis") analyzed the Project and projected a maximum parking demand of 324 spaces. The estimated demand includes spaces to accommodate the golfing operations to be retained. The Parking Analysis has been reviewed and accepted by the City Traffic Engineer and supports the finding that 351 total spaces are adequate 20-80 to support the surf park and remaining golf course operations. While not relied upon in the Parking Analysis to establish parking demand, long-term bicycle parking will be provided onsite to support any guests arriving via the bike lanes on Irvine Avenue. Condition of Approval no. 10 requires a minimum of 324 spaces be permanently available and Condition of Approval no. 81 ensures bicycle parking is provided. 13. While the Project does not rely on valet parking to establish or satisfy parking requirements, Condition of Approval No. 93 requires a final parking management plan be reviewed and approved by the City to ensure voluntary valet operations and internal gate operations can be fully accommodated onsite and in accordance with city standards. 14.The portions of the golf course to the north of Irvine Avenue (holes 10-18) and south of Mesa Drive (holes 3-8) will remain. The existing golf cart path of travel between holes 3-8 and holes 10-18 will also remain. The Project will provide parking for the golf course, a starter shack for the golf course, and golf cart storage in the basement level of the amenity clubhouse. 15.The Project has been designed and sited efficiently with structures arranged on the Property to promote a harmonious relationship with onsite structures and to other adjacent developments. Curved buildings mirror the geometry of the surfing lagoon, reinforcing a unified and organic site layout. The amenity clubhouse is sited to shield noise and light from reaching the apartment complex located across Irvine Avenue. 16.A consistent architectural language across all structures, through shared materials, forms, and scale, ensures a cohesive identity. 17. The existing visual character of the area surrounding the properties are a mix of uses with no consistent architectural or visual theme. With implementation of the Project, the Property would change to provide a more urban and developed character compared to the existing condition. However, the bulk, scale, and aesthetic treatment are compatible with the adjacent commercial developments and public areas. 18.The Project is designed with adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces. The proposed driveway along Mesa Drive shall be a right -turn in and right -turn out driveway with the driveway along the Irvine Avenue frontage which shall be a right - turn in, left -turn in, and right -turn out only driveway. Queuing into the public right-of- way, which would impact the adjacent public sidewalk and streets, is prohibited. 19. The Project is designed with adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials. 20.The Project is designed to protect significant views from public rights -of -way and compliance with Section 20.30.100 (Public View Protection) of the NBMC. All 20-81 development within the Property would be set back from adjacent streets and would not encroach on existing public views along the roadway corridors adjacent to the site. The closest designated public viewpoint is approximately 0.3-mile southwest of the Property, along Irvine Avenue and south of University Drive. The viewpoint provides views of the Upper Newport Bay Preserve. Bayview Park, adjacent to Upper Newport Bay Preserve, is also designated as a public viewpoint. The Site is located northwest of these points not within the coastal scenic viewshed from either of these viewpoints. Therefore, the Project does not have the potential to obstruct public viewpoints or corridors, as identified on General Plan Figure NR 3 (Coastal 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 will provide a new recreational opportunity, consistent with the General Plan and the Santa Ana Heights Specific Plan, in an area developed with existing recreation, commercial, office, and residential uses. The Project will reduce the number of holes, and the driving range will be removed; however, the Project will support the remaining golf course holes to the north and south of the Property by providing a starter shack, golf course parking, and golf cart storage. 2. The Project has been reviewed by all relevant City Divisions and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator of the Project is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the property and adjacent properties during business hours, if directly related to the patrons of the establishment. 3. The Project has been reviewed by the Newport Beach Police Department ("NBPD"). The NBPD does not object to the Project, subject to appropriate conditions of approval which have all been incorporated into Exhibit "B," which is attached hereto and incorporated herein by reference. Additionally, the Facts in Support of Finding I for Alcohol Sales below are hereby incorporated by reference. 4. To minimize disruptions to persons residing or working in the neighborhood, Condition of Approval No. 85 requires a final Construction Management Plan ("CMP") be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. 20-s2 5. The Project will incorporate green building measures, such as water efficiency, Low Impact Development ("LID"), and renewable energy sources to reduce energy demands and GHG emissions. 6. The Property is located approximately 0.4 miles from John Wayne Airport ("SNA") and within the SNA Airport Environs Land Use Plan ("AELUP"). The Property is trisected by Zones 2 (Inner Approach/Departure), Zone 4 (Outer Approach/Departure), and Zone 6 (Traffic Pattern Zone). The Project will comply with AELUP aviation, safety, aircraft noise, airspace protection and overflight criteria. The Project complies with the people per acre intensity limits of uses allowed within the AELUP and Caltrans Handbook Safety Zones 2, 4 and 6. The clubhouse and athlete accommodation buildings will have a maximum height of 50 feet ("92 feet AMSL") and 43 feet ("83 feet AMSL") and will not exceed the 14 CFR Part 77 construction notification imaginary surfaces over the Property. Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) and Section 20.40.110 (Adjustments to Off -Street Parking Requirements) of the NBMC, the following findings and facts in support of the findings are set forth: Finding: D. The use is consistent with the General Plan and any applicable specific plan. Fact in Support of Finding: 1. Facts 2 through 4 in Support of Finding B are hereby incorporated by reference. Finding: E. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. All Facts in Support of Finding A are hereby incorporated by reference. 2. Facts 5 through 13 in Support of Finding B are hereby incorporated by reference. 3. Section 20.90.050(E)(2) of the NBMC establishes a maximum building height limit of 18 feet, unless otherwise permitted through an approved use permit. The Project proposes a 50-foot-tall amenity clubhouse and a 40-foot-tall athlete accommodation building. All other freestanding structures will comply with the 18-foot height limit. Potential impacts from the increased building heights are mitigated by the significant 20-83 distance between the proposed buildings and the adjacent public rights -of -way. On the west side of the Property, the Project is separated from Irvine Avenue by the Delhi Channel, which creates a visual buffer and reduces any perceived scale difference between the buildings and the public right-of-way. Although the southern edge of the Property along Mesa Drive does not benefit from this buffer, the tallest building, the 50-foot-tall amenity clubhouse, is set back at least 100 feet from the Mesa Drive public right-of-way. These generous setbacks create large open areas and help reduce any perceived height of the structures from public viewpoints. While the 40-foot-tall athlete accommodation building is not set back as far as the clubhouse, it is still set back 30 feet from Mesa Drive, exceeding the minimum setback required by code. 4. Architectural and structural elements on the amenity clubhouse and athlete accommodations building are thoughtfully designed for compatibility and visual interest, using natural materials, varied rooflines, recessed walls, and layered fagades, while ensuring that building heights do not exceed surrounding tall elements like existing 80-foot net poles. 5. None of the proposed improvements will be taller than the existing poles at the driving range. The existing driving range is surrounded by approximately 40 net poles that range in height from 25 to 80 feet, depending on location. The poles and netting separating the driving range from the buildings to the east are approximately 80 feet tall while the poles and netting separating the driving range from the golf course on the west are approximately 50 feet tall and the poles and netting separating the driving range from Mesa Drive to the south are between 62 and 65 feet tall. Some of the poles are wood (telephone pole -like) while others are pipes. 6. Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC requires a Traffic Impact Analysis ("TIA") be prepared if a project generates greater than 300 new average daily trips ("ADT"). Due to the unique nature of the Project, a trip generation analysis was prepared by Gibson Transportation Consulting, Inc ("Gibson"), dated March 4, 2025. Gibson based the trip generation rate for the Project on the projected attendance and associated vehicular demand projections for a high season weekday scenario. Furthermore, the new net trip generation estimates reflect both the reduction of trips associated with the significant portions of existing golf facility being replaced and the addition of trips associated with the portions of the golf course to be retained. The Project is anticipated to generate 186 new ADT with a net reduction of 73 AM peak hour trips and a net reduction of 10 PM peak hour trips. The total number of new trips is below the 300-ADT threshold; therefore, the Project does not require a TIA. Finding: F. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 20-84 Facts in Support of Finding: 1. The Property is currently developed with a 38-bay, partially covered, synthetic turf driving range, 1,050-square-foot putting green, and one-story 8,975-square-foot clubhouse building. The existing clubhouse includes a pro shop and restaurant that seats 233 people, a surface parking lot with 280 parking spaces, and three holes of the existing Golf Course (holes 1, 2, and 9). 2. The proposed hours of operation for the surf lagoon are from 6 a.m. to 11 p.m., 7 days a week. The Project hours are extended slightly beyond the current allowable hours of operation for the existing golf course, which are from 7 a.m. to 10 p.m., daily, pursuant to UP1594. However, the proposed hours are not considered late hours pursuant to Chapter 20.70 (Definitions), which defines late hours as facilities that provide service after 11 p.m., any day of the week. By not proposing late hours, the Project is compatible with the allowed uses within the vicinity 3. Condition of Approval No. 31 requires the outdoor speakers to cease operation by 10 p.m. 4. The surfing lagoon would operate on a reservation basis with the maximum number of participants at one time limited to 72 people. The average number of hourly users is expected at 35-45 people. 5. The Project would employ approximately 70 full-time and part-time employees with an average of approximately 35 employees onsite at any given time. All employees will be required to park onsite. 6. The facility is anticipated to host approximately 12 surf events/competitions per year. The special events would be ticketed events, similar in scale to other local sporting events. Conditions of Approval Nos. 127 through 143 are included to regulate the number of events, number of attendees, and hours of events. 7. The Project is compatible with the surrounding land uses, which include a mix of commercial, recreational, civic, and residential developments. Beginning to the north of the Property and moving clockwise, adjacent uses include "The Jetty" commercial center, holes 10-18 of the golf course, multi -tenant office buildings, Newport Beach Fire Station No. 7, holes 3-8 of the golf course, "The Ranch" retail shopping center, and multi -family residential housing. Additionally, the Santa Ana —Delhi Channel runs from the northwest to the southwest between the Property and Irvine Avenue, providing a natural buffer and visual separation from adjacent uses. 8. The Project has been designed to be harmonious with persons residing or working in the neighborhood by designing the clubhouse in a location that will shield noise from the multifamily residential located across Irvine Avenue, extensive landscaping onsite 20-85 and at the perimeter of the Property, providing sufficient parking and circulation, and roadway improvements. Finding: G. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Subsection E of 20.90.050 (Open Space and Recreation District) of the NBMC establishes minimum site development standards. It provides a one -acre minimum building site area, a maximum building height of 18 feet unless otherwise provided for by an approved use permit, a 20-foot minimum building setback from all property lines, and requires lighting be designed and located so that direct light rays are confined to the premises. It further states that parking shall comply with Chapter 20.40 (Off -Street Parking) of the NBMC. As designed and proposed, the Project is consistent with the development standards with exception of the requested modification for retaining wall height, discussed under the "Modification Permit" section below. 2. The Property is approximately 15 acres in area and exceeds the one -acre site minimum. The Project meets the minimum 20-foot setback from all property lines. 3. The Property will provide public and emergency vehicle access from a 26-foot-wide driveway along Irvine Avenue in the general location of the existing driveway. The Irvine Avenue access will allow turning in from both directions and only right -turn out. A second 26-foot-wide driveway will be located along Mesa Drive. The Mesa Drive access will only allow right -turn in and right -turn out. 4. The Project would upgrade the existing onsite 6-inch domestic water line to a 12-inch water line. Installation would occur within the Property and the public right-of-way, to connect to the existing 24-inch water line in Irvine Avenue. In addition, the Project would upgrade the existing onsite 6-inch sewer lateral that extends approximately 42.5 feet offsite to a 12-inch and connects to the sewer line in Mesa Drive. 5. A Water Demand Report dated December 2024, was prepared for the Project by Fuscoe Engineering. The Water Demand Report determined that the existing water infrastructure and fire flow is adequate to serve the Project and no new water facilities would be required. The Water Demand Report was reviewed and accepted by the Utilities Department Director. 6. A Sewer Analysis Report dated January 2025 was prepared for the Project by Fuscoe Engineering. The Sewer Analysis Report determined that under operational conditions, the flows from the Project would be within the capacity of the existing sewer 20-86 system. The Sewer Analysis Report was reviewed and accepted by the Utilities Department Director. 7. In addition to typical daily operational wastewater generating conditions, each of the basins would be drained every two years into the sewer system. Each year one of the basins would be drained; the timing of which would be coordinated with Costa Mesa Sanitary District ("CMSD") and approved by CMSD permitting. 8. The Property will be served by the Newport Beach Fire Department and the Newport Beach Police Department ("NBPD"). The Project would not significantly increase the need for public services in the Project area, in the cities surrounding the Property, or within the region, as fully demonstrated in the Public Services section of the DEIR. Finding: H. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The architectural style of the Project is a contemporary interpretation of Southern California's surf and beach culture, expressed through low -profile forms and natural materials. The material palette includes horizontal wood siding, exposed mass timber, architectural concrete, dark bronze metal accents, and glass. The proposed color palette includes earth tones; driftwood browns, soft greys, sandy beige, and weathered whites. They are designed to blend into the environment and soften the built form against the natural backdrop. 2. All Facts in Support of Finding C are hereby incorporate by reference. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding 1. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, the following criteria must be considered: 20-87 The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City a. The Property is in an area the NBPD designates as Reporting District ("RD") 33. RD 33 is irregularly shaped and encompasses the Santa Ana Heights neighborhood, portions of Upper Newport Bay, and extends north to the 73 freeway. RD 33 is abutted to the west by RD 31, to the south by RD 32, to the east by RD 36, and to the north by RD 34. RD 32 primarily encompasses the Upper Newport Bay and is not included in the comparison of crime rates. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to the California Department of Alcoholic Beverage Control ("ABC"). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson. RD 33 is not considered or reported to ABC as a higher crime area, as compared to other RDs within the city. The RD 33 crime count for 2024 is 110, which is 2% under the citywide average of 112 crimes per RD. The highest volume crime in RD 33 is theft/larceny. c. The NBPD has reviewed the Project and has no objection to the Project, subject to appropriate conditions of approval which have all been incorporated into Exhibit "B" of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages, all alcoholic beverages that will be sold or consumed in the lagoon and pool areas shall be served in containers which are distinctive in design and color, easily distinguishable from any other containers used in the service of beverages, and a prohibition of games or contests requiring or involving the consumption of alcoholic beverages. ii. The number of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. In 2024, RD 33 had a higher percentage of alcohol -related crimes than RD 31 and RD 36 but a lower percentage than RD 34. The higher number of alcohol -related crimes compared to RD 31 and RD 36 is expected, given that the crime figure includes driving under the influence, public intoxication, and liquor law violations. These alcohol -related crimes are typically associated with commercial establishments. RD 31 and RD 36 are primarily residential and are unlikely to have similar crime incidents. The difference in crime rate was not substantial enough to warrant objection from the NBPD. 20-88 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors a. There is an apartment complex less than 200 feet from the Property, across Irvine Avenue, two Montessori schools within a mile of the Property, and the nearest park, Mesa Birch Park, is approximately 670 feet east of the Property. The nearest church, OC Spiritual Center, is .7 miles to the north of the Property. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. a. There are two active On -Sale ABC Licenses within the general vicinity of the Property: a Type 41 (On -Sale Beer and Wine - Eating Place) at Sgt. Pepperoni's Pizza and a Type 47 (On -Sale General - Eating Place) at Original Pizza. Sgt. Pepperoni's Pizza is located approximately 2,500 feet away from the Property. Original Pizza is located on the Property and will be removed as part of the Project. b. There are three active Off -Sale ABC Licenses within the general vicinity of the Property: two Type 20 (Off -Sale - Beer and Wine) and one Type 21 (Off -Sale - General). License Type Address Distance from the Pro ert Type 20 Off -Sale Beer and Wine 2121 Bristol St. 1,300 feet Type 20 Off -Sale Beer and Wine 2100 Bristol St. 1,550 feet Type 21 Off -Sale General 3530 Irvine Ave. 1,200 feet c. This location does not meet the legal criteria for undue concentration pertaining to crime (Business and Professions code section §23958.4) with a clear nexus to alcohol V. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There were 18 police dispatch events to the Property in 2024. None of the events resulted in arrests and there were no alcohol -related citations. b. There are no objectionable conditions presently occurring at the Property. Modification Permit In accordance with Section 20.52.050(E) (Modification Permits) of the NBMC, the following findings and facts in support of the findings are set forth: Finding: 20-89 J. The requested modification will be compatible with existing development in the neighborhood; Facts in Support of Finding: 1. The Project includes multiple retaining walls to the south, west, and north of the surfing lagoon. The retaining walls range in height from 5.5 feet above finish grade to a maximum of 16.4 feet above finish grade. All retaining walls will have a 6-foot security fence above. 2. The general area surrounding the Property features undulating hills and pronounced changes in grade. Irvine Avenue slopes from a higher elevation north of the Property downward to the intersection of Irvine Avenue and Mesa Drive. Mesa Drive slopes downwards, toward Irvine Avenue. The intersection of Irvine Avenue and Mesa Drive is the low point in the area. There are existing retaining walls along portions of the perimeter of the Property, along Mesa Drive. 3. The Ranch commercial center, at the southwest corner of Irvine Avenue and Mesa Drive, is on an elevated building pad, approximately 17 feet higher than the sidewalk below. The apartment complex across Irvine Avenue is also constructed on an elevated building pad. The grade differential between the sidewalk and the building pad for the complex is substantial enough to require a staircase for accessing the Property. Finding: K. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use, - Facts in Support of Finding: 1. The high point of the Property occurs within the driving range, behind Fire Station No. 7. The Property slopes downward, toward the Santa Ana -Delhi Channel and Irvine Avenue beyond. There is an approximately 33-foot grade differential between the high point of the Property and the centerline of Irvine Avenue. The southern side of the Property is higher than the northern side. 2. The existing slope differential creates a physical hardship for maintaining adequate separation from the Santa Ana -Delhi channel and the Project. The height of the retaining wall extends for approximately 662 feet along Irvine Avenue and 70 feet along Mesa Drive. While that exceeds the maximum height, the remaining approximately 284 feet of the retaining wall along Irvine Avenue will not exceed the maximum height. 20-90 Finding: L. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, - Facts in Support of Finding. - The civil plans prepared for the Project are designed consistent with the recommendations of the Geotechnical Report prepared by Carl Kim Geotechnical. Inc. , dated July 2024, including the proposed heights of the retaining walls. 2. The intent of the NBMC to limit the height of retaining walls when measured from finish grade is to prevent tall walls that are visible from public rights -of -way and neighboring properties. The tallest retaining wall near Irvine Avenue is located behind the Santa Ana -Delhi Channel, setback 17 feet from the property line and over 140 feet from the center line of Irvine Avenue. 3. Visible portions of retaining walls would be screened with landscaping, which would shield the mass and soften the view. Finding: M. There are no alternatives to the modification permit that could provide similar benefits to the Applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public, - Facts in Support of Finding: 1. The surfing lagoon elevation and the finish floor of the buildings were designed with a goal of balancing the Property, avoiding the extra use of trucks for disposal or importing of soil, and maintaining access to the adjacent public streets. 2. The terracing of retaining consistent with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC walls has been incorporated into the design where feasible. For example, at the high end of the property, two terraced walls with a maximum exposed height of 8-feet each are designed along the southeasterly property line. 3. Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC requires a minimum horizontal separation equal to the height of the tallest retaining wall be provided between retaining walls, except that the required separation shall not be more than 6 feet. Terracing for all retaining walls is not feasible as terraced retaining walls along the southern and western boundaries of the surfing lagoon would restrict the space available for the Project and would result in a reduced Project. 20-91 Finding: N. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code, - Facts in Support of Finding: The Property slopes toward the Delhi Channel. The retaining walls allow for back filling and leveling of an irregular site with varying topography, resulting in a level pad and sufficient depth for the surfing lagoon. 2. The Building Division has reviewed the Project and conditions of approval are included to ensure the Applicant is required to obtain all necessary permits and to demonstrate compliance with the California Building Code and other applicable codes. 3. Approval of any City permits, including this modification permit, does not relieve the Applicant of the legal requirement to observe, covenants, conditions, and restrictions that may be recorded against the property or to obtain community association approvals. 20-92 Attachment C Resolution No. 2025-73 20-93 RESOLUTION NO. 2025- 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE SCH NUMBER 2024110238), INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS FOR THE SURF PARK PROJECT LOCATED AT 3100 IRVINE AVENUE (PA2024-0069) WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City 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 CAA Planning, on behalf of Back Bay Barrels, LLC ("Applicant"), concerning property located at 3100 Irvine Avenue, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Applicant is requesting to redevelop the central 15.38-acre parcel of the privately owned Newport Beach Golf Course by removing the existing driving range and putting green, pro -shop, restaurant and bar, and three holes of golf and replacing it with a new surf -focused outdoor commercial recreation use ("Project"); WHEREAS, the Project's site improvements include approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spa, restrooms, landscaping, clubhouse with amenities, athlete accommodation building with 20 overnight rooms, and two parking lots with 351 parking spaces; WHEREAS, the Project will be constructed on approximately 79,533 square feet of area; however, 19,761 square feet will be excluded from the total development limit for the Property as incidental building areas which is consistent with Table LU1 (Land Use Plan Categories) of the City's General Plan ("General Plan") for properties categorized as Parks and Recreation; WHEREAS, the following approvals are requested or required to implement the Project as proposed: 20-94 Resolution No. 2025-73 Page 2 of 7 • General Plan Amendment ("GPA"): To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU 2 of the Land Use Element of the General Plan; • Major Site Development Review ("SDR"): To construct a nonresidential building larger than 20,000 square feet in area; • Conditional Use Permit ("CUP"): To allow the operation of an outdoor commercial recreation use including a restaurant with alcohol sales, establish the appropriate parking rate, and allow the construction of buildings taller than 18 feet; • Modification Permit: To allow for the construction of retaining walls taller than eight feet in height from finish grade; and • Environmental Impact Report ("EIR"): To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals; WHEREAS, the Property is categorized as Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR) Zoning District; WHEREAS, the Property is not located within the coastal zone, therefore, a coastal development permit is not required; WHEREAS, pursuant to California Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000 et seq., Section 15000 et seq. as set forth in Title 14 Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act), it was determined that the Project could have a significant adverse effect on the environment, and thus warranted the preparation of an EIR; WHEREAS, the City, as lead agency under CEQA ("Lead Agency"), issued a Notice of Preparation ("NOP") of the EIR on November 7, 2024, and mailed that NOP to responsible and trustee public agencies, organizations and persons likely to be interested in the potential impacts of the proposed project, including any persons who had previously requested notice in writing; 20-95 Resolution No. 2025-73 Page 3of7 WHEREAS, the City held a public scoping meeting on November 20, 2024, to present the Project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR; WHEREAS, pursuant to California Public Resources Code Section 21080.3.1 ("AB 52"), the City is required to consult with California Native American tribes that have requested in writing to be informed of projects in the geographic area that is traditionally and culturally affiliated with the tribe; WHEREAS, pursuant to California Government Code Section 65352.3 ("SB 18"), the City also provided notice to California Native American tribes that are on the contact list maintained by the California native American Heritage Commission ("NAHC"), WHEREAS, the City requested a Sacred Lands File ("SLF") search on the project location from the NAHC on May 31, 2024 in accordance with SB 18; WHEREAS, on June 18, 2024, the NAHC identified 20 Native American tribal representatives to contact for further information on potential tribal resources; WHEREAS, to comply with both the requirements of SB 18 and AB 52, the City mailed and emailed notices regarding the Project to all the listed tribes with the Gabrieleno Band of Mission Indians - Kizh Nation ("Kizh Nation") and Gabrielino Tongva Indians of California ("Gabrielino Tongva") requesting consultation; WHEREAS, during the consultation process, the Kizh Nation requested to be the sole onsite monitor and asserted that the Gabrielino Tongva have no direct historical, ancestral, or cultural ties to Newport Beach; WHEREAS, the Gabrielino Tongva tribe, however, provided the City with substantial evidence identifying that the Property is within their Ancestral Tribal Territory; WHEREAS, furthermore, the Gabrielino Tongva tribe was identified by the NAHC through a SLF search establishing that the Property is within traditional lands or cultural places for the Gabrieleno Tongva; therefore, as the Lead Agency, the City incorporated mitigation measures into the Project allowing for tribal monitors from both tribes during ground disturbance activities to address potential concerns regarding the protection of Tribal Cultural Resources; WHEREAS, a draft Environmental Impact Report ("Draft EIR") (State Clearinghouse No. 2024110238) was prepared in compliance with CEQA, State CEQA Guidelines, and City Council Policy K-3; 20-96 Resolution No. 2025-73 Page 4 of 7 WHEREAS, the City determined that the Project would have no impact on Agriculture and Forestry Resources, Mineral Resources, Population and Housing, or Wildfire and no further detailed analysis of these topics was required in the Draft EIR; WHEREAS, the Draft EIR analyzed the following CEQA topics in detail: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use, Noise, Public Services, Parks and Recreation, Transportation, Tribal Cultural Resources, and Utilities; WHEREAS, a Notice of Availability of the Draft EIR was published on May 23, 2025, and the Draft EIR was circulated for a 45-day comment period ending on July 7, 2025; WHEREAS, a study session was held on June 19, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California, to introduce the Project to the Planning Commission and the public, and to discuss the procedures for environmental review; WHEREAS, the City reviewed all comments on the Draft EIR and provided written responses to comments; WHEREAS, the Final Environmental Impact Report ("Final EIR"), consisting of the Draft EIR dated May 2025, written comments on the Draft EIR that were received during the public review period, written responses to those comments, changes to the Draft EIR, and the Mitigation Monitoring and Reporting Program ("MMRP") are attached as Exhibits "B," and "C," and incorporated herein by reference; WHEREAS, the Final EIR includes mitigation measures related to biological resources, cultural resources, and tribal cultural resources to reduce any potentially significant adverse effects to a less than significant level; WHEREAS, compliance with various plans, programs, and policies as identified in the MMRP, which is included in Exhibit "C," will attenuate potential impacts related to geology and soils, greenhouse gas emissions, hazards and hazardous materials, and hydrology and water quality; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); 20-97 Resolution No. 2025-73 Page 5 of 7 WHEREAS, the ALUC determined the Project to be inconsistent with the AELUP on August 7, 2025; WHEREAS, a public hearing was held by the Planning Commission on September 4, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code. 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. PC2025-018 by a unanimous vote (6 ayes, 1 recusal) recommending the City Council approve the Project; WHEREAS, after the Planning Commission's decision and pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on September 9, 2025, and adopted Resolution No. 2025-60 (6 ayes, 1 absent) to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding; and WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Project. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings) of the NBMC, City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 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: 20-98 Resolution No. 2025-73 Page 6 of 7 Section 1: The City Council of the City of Newport Beach hereby certifies Final EIR (SCH No. 2024110238), which is attached here to as Exhibit "B" and incorporated herein by this reference, consisting of the NOP, Draft EIR, Appendices, Responses to Comments, and Revisions to the Draft EIR. The City Council finds that the information added to the Final EIR prior to certification merely clarifies, amplifies, or makes insignificant modifications to the environmental document and any changes or alterations incorporated into the Final EIR, which substantially lessen or avoid one or more of the significant adverse environmental impacts, do not warrant recirculation of the Final EIR. Rather, all information added to the Final EIR after public notice of the availability of the Draft EIR for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications to the Final EIR. Section 2: Pursuant to California Public Resources Code Section 21081.6 and Section 15091 of the CEQA Guidelines, the City Council has reviewed, considered, and adopts the MMRP attached hereto as Exhibit "C" and incorporated herein by this reference. The City Council finds that based on the entire environmental record, the Project with mitigation measures incorporated into the Project will result in no project -level impacts or less -than -significant project -level impacts, and there are no known significant and unavoidable effects on the environment that would be caused by the Project. Section 3: The City Council hereby adopts the CEQA Findings of Fact Regarding the Environmental Effects of the Approval of the Snug Harbor Surf Park Project pursuant to CEQA Section 21081, Section 15091 of the CEQA Guidelines, and Section 21081 of the California Public Resources Code, attached hereto as Exhibit "D," and incorporated herein by reference. 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. 20-99 Resolution No. 2025-73 Page 7 of 7 Section 6: 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 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 28th day of October, 2025. ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AaronC1 arp City AttT r ey Attachment(s): Joe Stapleton Mayor Exhibit A — Legal Description Exhibit B — Environmental Impact Report (SCH No. 2024110238) Exhibit C — Mitigation Monitoring and Reporting Program (MMRP) Exhibit D — CEQA Findings of Fact Regarding the Environmental Effects of the Approval of the Snug Harbor Surf Park Project 20-100 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO.94-2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 9, 1994 AS INSTRUMENT NO. 94-318607 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT NO. 97-428866 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO. 2014-427814 OF OFFICIAL RECORDS. 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U- C a T— Q a m cv Z w o o T V W ` C V LE O 20-116 EXHIBIT "D" CEQA FINDINGS OF FACT REGARDING THE ENVIRONMENTAL EFFECTS OF THE APPROVAL OF THE SNUG HARBOR SURF PARK PROJECT File available via link due to size- https://ecms.newportbeachca.gov/WEB/DocView.as id=3187841&dbid=0&repo=CN B 20-117 Attachment D Resolution No. 2025-74 20-118 RESOLUTION NO. 2025- 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING THE SURF PARK PROJECT LOCATED AT 3100 IRVINE AVENUE CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRIDING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2024-0069) WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City 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 CAA Planning, on behalf of Back Bay Barrels, LLC ("Applicant"), concerning property located at 3100 Irvine Avenue, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Applicant is requesting to redevelop the central 15.38-acre parcel of the privately owned Newport Beach Golf Course by removing the existing driving range and putting green, pro -shop, restaurant and bar, and three holes of golf and replacing it with a new surf -focused outdoor commercial recreation use ("Project"), WHEREAS, the Project's site improvements include approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spa, restrooms, landscaping, clubhouse with amenities, athlete accommodation building with 20 overnight rooms, and two parking lots with 351 parking spaces; WHEREAS, the Project will be constructed on approximately 79,533 square feet of area; however, 19,761 square feet will be excluded from the total development limit for the Property as incidental building areas which is consistent with Table LU1 (Land Use Plan Categories) of the City's General Plan ("General Plan") for properties categorized as Parks and Recreation; WHEREAS, the following approvals are requested or required to implement the Project as proposed: 20-119 Resolution No. 2025-74 Page 2 of 7 • General Plan Amendment ("GPA"): To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU 2 of the Land Use Element of the General Plan; • Major Site Development Review ("SDR"): To construct a nonresidential building larger than 20,000 square feet in area; • Conditional Use Permit ("CUP"): To allow the operation of an outdoor commercial recreation use including a restaurant with alcohol sales, establish the appropriate parking rate, and allow the construction of buildings taller than 18 feet; • Modification Permit: To allow for the construction of retaining walls taller than eight feet in height from finish grade; and • Environmental Impact Report ("EIR"): To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals; WHEREAS, the Property is categorized as Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR) Zoning District, - WHEREAS, the Property is not located within the coastal zone, therefore, a coastal development permit is not required; WHEREAS, the Property is located approximately 0.4-mile southwest of John Wayne Airport ("JWK) and is within the 2008 John Wayne Airport Environs Land Use Plan ("AELUP") Notification Area; WHEREAS, the Property is trisected by Safety Zone 2 (Inner Approach/Departure Zone), Safety Zone 4 (Outer Approach/Departure Zone), and Safety Zone 6 (Traffic Pattern Zone) for the 2L/20R runway that is used by commercial aircraft; WHEREAS, most of the Property is located within the 65 dB Community Noise Equivalent Level ("CNEL") contour pursuant to the 1985 Airport Master Plan Noise Contours and the northeast corner is located within the 70 dB CNEL contour; 20-120 Resolution No. 2025-74 Page 3 of 7 WHEREAS, the City Council approved Resolutions 2023-72 and 2023-73 and Ordinances 2023-20 and 2023-21 on November 14, 2023, authorizing amendments to the Noise Element and Land Use Element of the General Plan and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") to update the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 ("EIR No. 617"); WHEREAS, a significant portion of the Property is located within the 65 dB CNEL contour and the southwest corner is located within the 60 dB CNEL, pursuant to the updated City noise contours; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the AELUP; WHEREAS, ALUC conducted a public hearing on August 7, 2025, and determined the Project is inconsistent with the following provisions of the AELUP (5 ayes and 1 nay) and detailed in Exhibit "B," which is attached hereto and incorporated herein by this reference: a. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWX; b. Section 2.1.3 (Building Height Restrictions), which states that a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination of the ALUC and that the Commission may find a project Inconsistent based on an obstruction determination; C. Section 2.1.4 (Air Transportation) and CPUC Section 21674 which state that the Commission is charged by CPUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ... existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and CPUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare."; and 20-121 Resolution No. 2025-74 Page 4 of 7 d. Section 3.2.1 (General Policy), which states that "within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permits activities or facilities that would affect adversely aeronautical operations"; WHEREAS, a public hearing was held by the Planning Commission on September 4, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with 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 conclusion of the hearing, the Planning Commission adopted Resolution No. PC2025-018 by a unanimous vote (6 ayes, 1 recusal) recommending the City Council approve the Project; WHEREAS, after the Planning Commission's decision and pursuant to Sections 21670 and 21676 of the CPUC, the City Council may, after a public hearing, propose to overrule ALUC by a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC purpose to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on September 9, 2025, in the City Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with Section 21676(b) of the CPUC and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2025-60 by a unanimous vote (6 ayes, 1 absent) to notify ALUC and the State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding; WHEREAS, a notice of intent to override ALUC's inconsistency determination, along with Resolution No. 2025-60, was sent via email and certified mail to ALUC and the State Department of Transportation Aeronautics Program on September 11, 2025; 20-122 Resolution No. 2025-74 Page 5 of 7 WHEREAS, the City received timely comments in response to the City's notice of intent to override the ALUC inconsistency determination from ALUC and the Aeronautics Program in accordance with CPUC Section 21676, which are attached hereto as Exhibits "C" and "D," and incorporated herein by reference; and WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Project. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings) of the NBMC, City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 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 has evaluated the comments provided as Exhibits "C" and "D," from the reviewing agencies and does hereby make the findings necessary to override ALUC's determination attached hereto as Exhibit "E," and which is incorporated herein by this reference. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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. 20-123 Resolution No. 2025-74 Page 6 of 7 Section 4: An EIR (State Clearinghouse No. 2024110238) was prepared for the Project in compliance with the California Environmental Quality Act ("CEQA"),Public Resources Code Sections 21000 et seq., Section 15000 et seq. as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations ("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 significant environmental impacts. Based on the entire environmental review record, the City Council having final approval authority over the Project, found that the Project, with mitigation measures, will have a less than significant impact on the environment and there are no known substantial adverse effects on human beings that would be caused. By Resolution No. 2025-73, the City Council adopted and certified the Final EIR as complete and adequate and adopted the Mitigation Monitoring and Reporting Program including all findings contained therein, which is hereby incorporated by reference. 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. 20-124 Resolution No. 2025-74 Page 7 of 7 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of October, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AirooV. HarlY City t orney Attachment(s): Exhibit A - Legal Description Exhibit B - Airport Land Use Commission Inconsistency Determination dated August 11, 2025 Exhibit C - Comment Letter from Airport Land Use Commission dated October 8, 2025 Exhibit D - Comment Letter from State Department of Transportation Aeronautics Program dated October ##, 2025 Exhibit E - Findings to Override ALUC's Determination 20-125 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO.94-2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 9, 1994 AS INSTRUMENT NO. 94-318607 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT NO. 97-428866 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO. 2014-427814 OF OFFICIAL RECORDS. APN: 119-200-38 & 119-200-41 20-126 I: *A0W-,jI iif� AIRPORT LAND USE COMMISSION INCONSISTENCY DETERMINATION DATED AUGUST 11, 2025 20-127 ORANGE I COUNTY August 11, 2025 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949,252.6012 Joselyn Perez, Senior Planner City of Newport Beach Community Development Department 100 Civic Center Drive, First Floor Bay B Newport Beach, CA 92660 Subject: ALUC Determination for Newport Beach Snug Harbor Surf Park at 3100 Irvine Avenue (General Plan Amendment) Dear Ms. Perez, During the public meeting held on August 8, 2025, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed and with a 5-1 vote, the Commission found the Newport Beach Snug Harbor Surf Park at 3100 Irvine Avenue (General Plan Amendment) to be Inconsistent with Airport Environs Land Use Plan for- John Wayne Airport (A EL UP for JWA). Please contact me at AMailbox a,ocair.com or (949) 252-5170 if you have any questions regarding this proceeding. Thank you! Sincerely, Kristal Carr Recording Secretary cc: ALUC Commissioners 20-128 EXHIBIT "C" COMMENT LETTER FROM AIRPORT LAND USE COMMISSION DATED OCTOBER 8, 2025 20-129 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY .4LUG 3160 Airway Avenue • Costa Mesa, California 92626 •949.252.5170 fax: 949.252.6012 October 8, 2025 Newport Beach Mayor and City Council c/o Joselyn Perez, Senior Planner Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission Determination for Snug Harbor Surf Park Project at 3100 Irvine Avenue (General Plan Amendment) Mayor and City Council Members: We are in receipt of your September 11, 2025, letter notifying the Airport Land Use Commission for Orange County (ALUC) of the City of Newport Beach's (City) intent to overrule the ALUC's inconsistency determination on the Snug Harbor Surf Park project at 3100 Irvine Avenue General Plan Amendment). A copy of Resolution No. 2025-60 with the City's Findings of Fact adopted by the City Council on September 9, 2025, was attached. In accordance with Section 21676 of the Public Utilities Code (PUC), the ALUC submits the following comments addressing the proposed overrule findings for the above -referenced project. This letter is advisory to the City and must be included in the public record of any final decision to overrule the ALUC, which may only be adopted by a two-thirds vote of the City's governing body. Please be advised that PUC Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation. " Background On June 13, 2025, the City of Newport Beach submitted the proposed Snug Harbor Surf Park (Project) for a consistency review with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA). The Project site is located south of John Wayne Airport on the middle of the three parcels that comprise the Newport Beach Golf Course. The 15.38-acre Project site currently 20-130 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 ALUC Comments Newport Beach Notice of Intent to Overrule October 8, 2025 Page 2 includes a turf driving range, putting green, three of the golf course's 18 holes (holes 1, 2, and 9), a pro shop and restaurant building, and a surface parking lot. The Project would remove the existing improvements and develop a surf lagoon with warming pools, a spa, and seating areas; a three-story clubhouse; a two-story, 20-unit athlete accommodation building; ancillary storage and maintenance areas; and associated parking areas providing a total of 351 parking spaces. Solar panels would be installed on building rooftops and on carport structures in parking areas. At a Special Meeting onAugust 7, 2025, the ALUC reviewed the proposed Project and determined it to be Inconsistent with the AELUP for JWA based on land use intensity, safety, and noise exposure within established approach and departure corridors. The determination was based on AELUP Section 2.1.2 (Safety Compatibility Zones), which establishes criteria to minimize the number of people exposed to potential aircraft accident hazards; AELUP Section 2.1.3 (Height Restrictions) and Section 2.1.4 (Overflight), which address protection of navigable airspace and public awareness of aircraft operations; and AELUP Section 3.2.1 (General Policy), which allows a land use to be found inconsistent where it places people in areas adversely affected by aircraft operations or concentrates people in areas susceptible to aircraft accidents. On September 9, 2025, the City Council adopted Resolution No. 2025-60 declaring its intent to overrule and, on September 11, 2025, transmitted its Notice of Intent to Overrule to the ALUC along with the adopted findings. Response to Finding "a" Noise Exposure As noted in the City's finding, theAEL UPfor JWA is intended to reduce public exposure to aircraft noise and maintain compatibility between airport operations and surrounding land uses. The Project includes multiple outdoor recreational and spectator areas within the 65 CNEL contour, with portions of the site extending into the 70 CNEL contour. The City's analysis relies on interior noise standards under the State Building Code and disclosure signage; however, these measures do not mitigate aircraft noise exposure in outdoor areas such as the surf lagoon, seating areas, or open-air gathering spaces. AELUP Section 3.2.1 (General Policy) emphasizes avoidance of exposure rather than mitigation through interior design or notification. The ALUC maintains that outdoor exposure to aircraft noise at this location is inconsistent with the purpose and intent of the AEL UP for JWA. Response to Finding "b" Safety / Intensity of Use in Safety Zones The Project site is located within the Safety Compatibility Zones for .TWA. Approximately 38 percent (5.85 acres) ofthe site is within Zone 2 (Inner Approach/Departure Zone), 22 percent (3.38 acres) within Zone 4 (Outer Approach/Departure Zone), and 40 percent (6.15 acres) within Zone 6 (Traffic Pattern Zone). The City classified the site as "Urban," but the ALUC determined that the site and surrounding area is Suburban in character based on existing low-rise development and surrounding land uses. Under the Suburban classification, the California Airport Land Use 20-131 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 ALUC Comments Newport Beach Notice of Intent to Overrule October 8, 2025 Page 3 Planning Handbook limits intensity to 40 to 60 persons per gross acre (80 to 120 per single acre). Based on the project plans submitted and the City's estimate of approximately 5,000 to 10,000 spectators during special events, the project could result in occupancy well in excess of the land use compatibility standards defined by Caltrans in the Handbook. The congregation and attraction of a significant number of people to the project area represents an incompatible condition within Safety Zones 2, 4, and 6 under the AELUP for JWA. Response to Finding "c" Height / Part 77 / Navigable Airspace As noted in the City's finding, the proposed structures will not penetrate FAA Part 77 surfaces, and the FAA has issued Determinations of No Hazard to Air Navigation. The ALUC acknowledges this compliance but notes that AELUP Section 2.1.3 (Height Restrictions) provides that a Determination of No Hazard does not automatically equate to ALUC consistency. Accordingly, height compliance with FAA standards does not alter the ALUC's overall inconsistency determination. Response to Finding "d" Overflight Exposure The City's finding states that aircraft overflight frequency will not increase and that disclosure language will be provided to patrons. While flight operations at JWA will remain constant, the proposed project would substantially increase the number of people located beneath existing approach and departure paths. Flight track data from the John Wayne Airport Noise Office show that numerous aircraft pass adjacent to the site at altitudes as low as 500 feet above mean sea level. AELUP Sections 2.1.4 (Overflight) and 3.2.1 (General Policy) call for minimizing the number of people exposed to aircraft overflight. The ALUC concluded that concentrating large numbers of people directly under active flight paths is inconsistent with the intent and policies of the AEL UP for JWA. We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments. Sincerely, Signed� 4FA88 LracA. Bresnahan Chairman cc: Members, Airport Land Use Commission for Orange County Matt Friedman, Caltrans/Division of Aeronautics Vincent Ray, Caltrans/Division of Aeronautics 20-132 EXHIBIT "D" COMMENT LETTER FROM STATE DEPARTMENT OF TRANSPORTATION AERONAUTICS PROGRAM DATED OCTOBER ##, 2025 PLACIEHOLDER. 20-133 EXHIBIT "E" FINDINGS TO OVERRIDE ALUC'S DETERMINATION The Project is consistent with the purposes of Section 21670 of the CPUC and the AELUP of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. The City Council's decision is based on the following findings and facts in support: Findings and Facts in Support of Findings A. The Project is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of JWA and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards is intended to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Most of the Property is located within the 65 dB CNEL contour, under both the 1985 Airport Master Plan noise contours and the 2014 John Wayne Airport Settlement Agreement EIR No. 617. Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4 of the AELUP define the noise exposure in the 65 dBA CNEL noise contour (Noise Impact Zone 2). Specifically, Table 1 of Section 3.2.3 identifies four different land use categories consisting of "Residential," "Community Facilities, "Commercial," and "Industrial" along with the decibel levels that are consistent for each particular use. In this case, the Project does not fit squarely within any of four land uses, but rather, is a hybrid between " Community Facilities" and Commercial" land uses. In either land use category, a 65 dBA CNEL is " Normally Consistent" subject to the project including conventional construction methods as acceptable and without requiring any special noise reduction requirements. Section 3.2.3 further delineates the restrictions and construction requirements for each of the above land use categories within the 65 dB CNEL Noise Impact Zone 1. Specifically, residential is generally prohibited within Zone 1, however, commercial and recreational uses may be acceptable provided that commercial structures are sufficiently sound attenuated to allow normal work activities to be conducted. The Project will comply with the sound attenuation requirements for commercial and industrial structures as per the California Noise Insulation Standards, Title 21, 25, California Code of Regulations. Furthermore, EIR No. 617 requires all nonresidential structures to be sound attenuated consistent with the General Plan and Title 20 (Planning and Zoning) of the NBMC. 20-134 Additionally, as to outdoor noise, there are no aircraft noise restrictions for outdoor recreational uses within the 65 dB CNEL contour. Specifically, Section 3.2.3 recommends that all designated outdoor common or recreational areas within Noise Impact Zone 1 provide outdoor signage informing the public of the presence of operating aircraft. The Project will incorporate outdoor signage notifying the public of the operation of aircraft. Of note, aircraft noise at the Property would be a regular occurrence and identical to the noise currently occurring at the golf course. Finally, the Noise Analysis (Appendix Q of the Draft EIR) found that Airport Exposure for the Project would be less than significant and did not require further mitigation. B. The proposed Amendments are consistent with the safety standards of the AELUP. The Property encompasses approximately 15.4 acres with portions of the Project overlying three airport safety zones. A detailed description of the Project Area, along with the uses within each safety zone, is provided herein. In Safety Zone 2, the total Project Area is approximately 5.79 acres. The Project uses in Safety Zone 2 include 207 parking spaces (however, 95 parking spaces will be reserved for the off -site golf course use, leaving 112 parking spaces for Project uses in Safety Zone 2), heating equipment, equipment yard, maintenance buildings, wave making equipment, and 37.8 percent of the surf lagoon. In Safety Zone 4, the total Project Area is approximately 3.48 acres. The Project uses in Safety Zone 4 include 9,432 square feet of athlete accommodations (20 total overnight units), wave making equipment, pool area, restrooms, storage, and 41.2 percent of the surf lagoon. And in Safety Zone 6, the total Project Area is approximately 6.16 acres. The Project uses in Safety Zone 6 include 49,221 square feet of clubhouse space including staff area, restaurant, surf shop, fitness areas and related uses, 144 parking spaces, a drop off area, pool area, outdoor arcade, outdoor changing rooms, storage, mechanical/electrical/plumbing ("MEP") equipment areas, and 21.0 percent of the surf lagoon. Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth the allowable land uses within each safety zone and provides the maximum intensities for each zone. The California Airport Land Use Planning Handbook ("Caltrans Handbook") suggests the following maximum allowable occupancy for non-residential land uses in an urban setting, and the below table also provides the calculations for the maximum allowed occupancy based on acreage per safety zone applicable to the Project. Snug Harbor Project Zone 2 Nonresidential Intensities Zone Nonresidential Intensities Safety Zone Acres per Zone Average People/Acre Maximum Single Acre Average People/Acre Maximum Single Acre 60 80 120 160 150 200 450 600 Zone2 5.79 347.4 463.2 694.8 926.4 - - - - Zone 4 3.48 - - - - 522.0 696.0 1566.0 2088.0 Zone 6 6.16 No Limit No Limit No Limit No Limit i No Limit No Limit 1 No Limit No Limit 20-135 The ALUC applies the suburban intensity parameters to the Project and provided the following occupancy calculations: 254 people per acre in Safety Zone 2; 770 people per acre in Safety Zone 4; and 972 people per acre in Safety Zone 6. The Project trip generation assessment ("Traffic Study") prepared for the Project EIR (Appendix R of the Draft EIR) includes a detailed trip generation assessment based on the uses and traffic flow for the Project that quantifies the anticipated number of individuals in each Safety Zone. Moreover, the City's Project Conditions of Approval require compliance with these use parameters. Specifically, the assessment includes the development of trip generation rates, time -of -day distributions and estimates for the Project based on detailed programmatic attendance information and operational modeling data provided by industry experts. The occupancy for the Project shall comply with the estimates from the approved Traffic Study, which estimates the following for daily activity: a) 1,400 visitors and surfers (comprised of 700 people in the surf lagoon, 140 people in the surf academy, 280 people in the restaurant, 70 people in the shops, 210 people in the yoga/fitness areas), and b) 70 employees. The maximum number of surfers in the lagoon is 72 at one time. The average number of people in the Project Area between the peak hour of 12:00 PM to 1:00 PM is 388 people. The average vehicle occupancy parameters assume visitor vehicles at 2.0 two people per vehicle, and employee vehicles at 1.0 people per vehicle. Applying the parameters set forth in the Traffic Study, the anticipated number of individuals in each Safety Zone based on use and traffic flow are set forth herein. With respect to Safety Zone 2 which includes a portion of the surf lagoon, automobile parking and park maintenance facilities; a portion of the surf lagoon totaling 1.91 acres (37.8 percent of the total lagoon area), is the only area in Safety Zone 2 that would be steadily occupied by people and which yields an average potential of 27 people in the Safety Zone 2 lagoon area. There are also two proposed maintenance buildings totaling 2,000 square feet. The California Building Code assumes 300 square feet per person for maintenance uses, yielding seven employees potentially in Safety Zone 2. The combined occupancy of these uses in Safety Zone 2 totals 34 people over 5.79 acres or approximately six people per acre. Applying the Caltrans Handbook suburban limit of 40 to 60 people per acre in Safety Zone 2 would allow approximately 232 to 347 total people over a total of 5.79 acres. Thus, for Safety Zone 2, with a total of 34 people over 5.79 acres, the Project would comply with the maximum allowable occupancy for non-residential land uses for either an urban setting (347.4 to 463.2 people) or suburban setting (232 to 347 people). With respect to Safety Zone 4, it is comprised of 20 rooms for athlete accommodations and a portion of the surf lagoon. At a maximum of four athletes per room, these accommodations would total 80 people. The portion of the surf lagoon in Safety Zone 4 is 2.08 acres (41.2 percent of the total lagoon area), which equates to an average potential of 30 people in the Safety Zone 4 lagoon area. The total combined occupancy in Safety Zone 4 is 110 people over 3.48 acres or approximately 32 people per acre. Applying the Caltrans Handbook suburban limit of 100 to 150 people/acre in Safety Zone 4 would allow 348 to 522 people based on a total of 3.48 acres. Thus, for Safety Zone 4, with a total of 110 people over 3.48 acres, the Project would comply with the 20-136 maximum allowable occupancy for non-residential land uses for either an urban setting (522 to 696 people) or suburban setting (348 to 522 people). With respect to Safety Zone 6, it is comprised of a wider array of uses including a portion of the surf lagoon, the clubhouse area, beach areas and parking spaces spread over 6.16 acres. The portion of the Safety Zone 6 surf lagoon is 1.06 acres (21 percent of the total lagoon area), which equates to an average potential of 15 people in the Safety Zone 6 lagoon area. The Traffic Study noted 388 people during the peak hour from 12:00 pm to 1:00 pm. Subtracting out the total number of people in the lagoon area (72) equates to a potential of 316 visitors in Zone 6, which could be generally using the clubhouse area. If all 70 employees were also in Safety Zone 6, it would bring the total maximum number of people in the clubhouse area to 386. The combination of occupancy in Safety Zone 6 totals 458 people over 6.16 acres or approximately 75 people per acre. Applying the Caltrans Handbook suburban limit of 200 to 300 people/acre in Safety Zone 6 would allow 1,232 to 1,848 people based on a total of 6.16 acres. Thus, for Safety Zone 6, with a total of 458 people over 6.16 acres, the Project would comply with the maximum allowable occupancy for non- residential land uses for either an urban setting, which has no limit, or suburban setting (1,232 to 1,848 people). The Project is anticipated to host approximately 12 surf events/competitions per year that would be ticketed events similar in scale to other local sporting events. While the number of persons within the safety zones will increase during these events, these increases are temporary in nature and not a part of the regular operation of the Project. Lastly, the existing condition of the Project site experiences the highest concentration of persons at the restaurant and at driving range and putting range. These golf course components are within Safety Zone 2. Conversely, the Project places the highest concentration of persons into Safety Zone 6, within the amenity clubhouse building. Based on the combined analysis from the Project Traffic Study and Project uses within each Safety Zone, the occupancy associated with each use area is within the Caltrans Handbook recommendations for each safety zone area using either the higher urban limits or the lower suburban limits. C. The Project is consistent with the height standards of the AELUP The Federal Aviation Administration ("FAA") has the sole responsibility for studying and determining airspace hazards. The Project complies with FAA notification, pursuant to 14 Code of Federal Regulations ("CFR"), Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. On May 6, 2025, the FAA issued a Determination of No Hazard for Air Navigation. As the tallest proposed buildings on the Project site would not exceed the 14 CFR Part 77 construction notification imaginary surfaces over the Property, the Determinations of No Hazard applied to all aspects of the Project. 20-137 ALUC determined that a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC and that the Commission may find a project Inconsistent based on an Obstruction determination pursuant to Section 2.1.3 of the AELUP. However, no Obstruction was found since the Project heights are lower than 130-feet above mean sea level ("AMSL"). Specifically, Part 77 Obstruction Imaginary Surfaces requires a height of less than 130 feet AMSL. In this case, the maximum height of the Project is 71 feet which is below the 130-foot maximum height restriction and, therefore, is not an Obstruction. In no event will the Project's height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. D. The Project is consistent with the overflight standards of the AELUP Overflights will be the same with the Project as with the existing golf course. There was a total of 302,654 aircraft operations in 2023 at JWA. Of the total, only 9.7 percent (29,353 aircraft operations) flew over the Property. Approximately 95 percent of these overflights would be departures south of JWA and the remainder would include a mix of JWA arrivals north, overflights to other airports in the vicinity and helicopter traffic at JWA and within the vicinity of the airport. The average daily total overflights of the Property are 80 to 88. While persons in the Project area will generally notice departing aircraft at lower altitudes, it will be the same as the aircraft operations currently noticed over the golf course. 20-138 Attachment E Parking Demand Analysis 20-139 eibson transportation consulting, inc. TECHNICAL MEMORANDUM TO: Brad Sommers, P.E. Transportation Manager/City Traffic Engineer, City of Newport Beach Public Works Department FROM: Sean Mohn DATE: July 14, 2025 RE: Parking Demand Assessment & Surf Farm Newport Beach, California Valet Circulation Plan Overview for Ref: J2116 Gibson Transportation Consulting, Inc. (GTC) was asked to prepare a parking demand assessment and valet circulation plan for Surf Farm (Project) in the City of Newport Beach. This memorandum summarizes the assessment, including the development of parking ratios and parking demand estimates for the Project based on detailed programmatic attendance information and operational modeling data provided by industry experts (i.e., Wavegarden') and the parking ratios detailed in Parking Generation, 61" Edition (Institute of Transportation Engineers [ITE], 2023) and the identification of the key valet circulation plan elements. PROJECT DESCRIPTION Based on discussions with the Project team and a detailed review of the associated Project materials, it is our understanding that the Project would redevelop 15 acres at 3100 Irvine Avenue to accommodate a private surfing facility consisting of a five -acre surf lagoon and 59,772 square feet of associated ancillary amenities, including restaurant and lounge areas, for members and guests. The Project would replace significant portions of the existing privately owned golf facility, including the 38 position driving range, the 233-seat restaurant, and three holes of the golf course. The Project would retain a limited portion of the existing privately owned golf facility (i.e., 15 holes of the golf course). Access to the Project would be provided via the existing driveway located on Irvine Avenue and from a new driveway located on Mesa Drive, as illustrated in Figure 1. The Project would also provide an on -site parking inventory of 351 spaces and could accommodate up to 60 additional vehicles within the Project site via the implementation of valet stacked parking. For conservative purposes, however, the parking demand assessment considered only the on -site parking inventory. Wavegarden was founded in 2005 and has grown to become the largest specialist surf park company in the world, with over 90 full time employees providing wave innovation design, master planning, civil design, water treatment, operations, and maintenance services. Wavegarden currently has nine surf facilities in operation, 10 surf facilities under construction or pre -construction, and over 40 surf facilities in the feasibility and design phase throughout the Americas, Europe, Asia, and Oceana. ■ 655 N. Central Avenue, Suite 920 Glendale, CA 91203 213.683.0088 213.683.0033 20-140 Brad Sommers, P.E. July 14, 2025 Page 2 PROJECT PARKING DEMAND ANALYSIS The parking ratios and parking demand estimates developed for the Project and for the limited portions of the existing privately owned golf facility to be retained (i.e., 15 holes of the golf course) are detailed below. Surf Lagoon and Associated Amenities In order to develop parking ratios for the five -acre surf lagoon and associated ancillary amenities, GTC conducted a comprehensive review of the detailed programmatic attendance information and operational modeling data prepared by Wavegarden for typical high season weekday activity at the Newport Beach site, which was developed as part of a comprehensive market analysis based on the following key factors: 1. Market Demand Potential — Size, Profile, & Behavior 2. Market Supply — Potential Competition 3. Performance of Comparable Attractions 4. Quality of Concept, Product & Visitor Experience 5. Product Refreshment & Repeat Visit Potential 6. Location, Access & Wider Destination Context 7. Weather, Seasonality & Capacity 8. Price, Opening Hours, Duration of Visit & Value for Money 9. Quality of Management & Marketing 10. Community & Stakeholder Support It is important to note that (A) the comprehensive market analysis also included an extensive review of comparable case studies for purposes of validating the analysis assumptions and demand envelopes, and (B) that the resulting detailed programmatic attendance information and operational modeling data also reflect the associated physical and operational parameters of the facility, including an identified maximum capacity of 72 surfers within the surf lagoon at any given time and the associated demand control afforded by the Project reservation system. The comparable case study sites and relevant details are provided in Attachment A. Based on subsequent discussions with Wavegarden, it was confirmed that employees would arrive and depart outside the AM and PM peak hours and that no more than 50% of the employees would be on -site at any given time. It was also confirmed that the attendance levels projected for typical high season weekday activity reflect the total demand for the site, inclusive of the surf lagoon demand (approximately 50% of the daily visitors), the independent demand for the ancillary amenities such as the surf academy, restaurant, shops, and fitness/yoga facilities (approximately 50% of the daily visitors), and the non -trip generating demand for the additional ancillary amenities intended to be utilized solely by patrons of the surf lagoon and the surf academy, such as the athlete accommodations. As such, the parking ratios developed for the surf lagoon and associated amenities are based on the projected attendance levels, corresponding employee estimates and operational parameters, and associated average vehicle ridership (AVR) ratios anticipated during typical high season weekday activity, as summarized below. 20-141 Brad Sommers, P.E. July 14, 2025 Page 3 • Surf Lagoon and Associated Amenities — Visitors o 1,400 Daily Visitors (2,800 Person Trips) ■ Surf Lagoon — 700 Daily Visitors (50%) ■ Surf Academy — 140 Daily Visitors (10%) ■ Restaurant — 280 Daily Visitors (20%) ■ Shops — 70 Daily Visitors (5%) ■ Fitness/Yoga Facilities — 210 Daily Visitors (15%) o AM Peak Hour ■ 70 Visitors Inbound ■ 4 Visitors Outbound o PM Peak Hour ■ 112 Visitors Inbound ■ 110 Visitors Outbound o AVR — 2.0 Persons/Vehicle • Surf Lagoon and Associated Amenities — Employees o 70 Daily Employees (140 Person Trips) o AVR — 1.0 Persons/Vehicle The tabular summary of the aforementioned detailed programmatic attendance information and operational modeling data prepared by Wavegarden is provided in Attachment B. The resulting parking ratios for the Project are detailed below. • Surf Lagoon and Associated Amenities — Visitors o 0.1385 Spaces/Visitor2 • Surf Lagoon and Associated Amenities — Employees o 0.50 Spaces/Employee Based on parking ratios described above for the surf lagoon and associated amenities and the conservative AVR ratios of 2.0 persons/vehicle for visitors and 1.0 persons/vehicle for employees, approximately 194 parking spaces would be required by the visitors and approximately 35 parking spaces would be required by the employees, as summarized in Table 1. 2 The parking ratio was based on the detailed visitor operational modeling data prepared by Wave Garden for the High Season Weekday Scenario, which estimated the associated demand projections for the entire site and resulted in a peak parking demand ratio of 0.1385 spaces/visitor when dividing the maximum number of on -site visitors (388) by the total number of on -site visitors (1,400) and then adjusting based on the visitor AVR of 2.0 persons/vehicle. 20-142 Brad Sommers, P.E. July 14, 2025 Page 4 It is important to note that the development of the parking ratios for the visitors and employees did not consider the utilization of alternative transportation modes (transit, bike, walk, etc.) As such, the resulting trip generation estimates assume that 100% of the visitors and employees would travel to/from the Project site via automobile. It is also important to note that the projected attendance levels for the high season weekend activity were initially considered for this assessment, but the associated weekend AVR ratios effectively resulted in the high season weekday activity analysis being the more conservative of the two scenarios. Existing Privately Owned Golf Facility to be Retained The parking ratios for the limited portions of the existing privately owned golf facility to be retained (i.e., 15 holes of the golf course) are conservatively based on the weekday3 average parking ratio detailed in Parking Generation, 6r" Edition for the following ITE land use category, as summarized in Table 1: • Golf Course (Land Use 430) — 6.30 Spaces/Hole Based on the parking ratio described above, approximately 95 parking spaces would be required by the limited portions of the existing privately owned golf facility to be retained, as summarized in Table 1. It is important to note that that actual parking demand for the privately owned golf facility to be retained (i.e., 15 holes of the golf course) would be significantly lower based on existing utilization patterns, which typically peak at one golf foursome per hole. As such, based on a peak demand of 60 golfers (i.e., one golf foursomes [four golfers] for each of the 15 holes) and an associated conservative AVR of 1.0, the parking ratio of the privately owned golf facility to be retained (i.e., 15 holes of the golf course) based on the existing utilization patterns is 4.0 spaces/hole, resulting in a peak parking demand of 60 vehicles. Total Parkina Reauirement & Parkina Surplus (Shortfall) Assessment Based on the analysis results detailed above, approximately 324 parking spaces would be required by the Project during typical levels of high season weekend activity, resulting in a surplus of approximately 27 parking spaces when considering only the on -site parking inventory of 351 spaces. As such, the on -site parking inventory of 351 parking spaces was determined to be sufficient to meet the parking requirements of the Project. The results of the analysis are summarized in Table 1. 3 The weekday average parking ratio detailed in Parking Generation, 61 Edition was determined to be higher than the corresponding weekend average parking ratios. 20-143 Brad Sommers, P.E. July 14, 2025 Page 5 VALET CIRCULATION PLAN OVERVIEW The key elements of the valet circulation plan include the identification of the proposed valet drop- off/pick-up location and the general vehicular circulation patterns for both visitors and valets. As previously discussed, access to the Project would be provided via the existing driveway located on Irvine Avenue and from a new driveway located on Mesa Drive. The proposed valet drop-off/pick-up location is located within the southern parking area immediately adjacent to the Project facility entrance, providing direct vehicular access from either driveway, as illustrated in Figure 1. Once arriving at the proposed valet drop-off/pick-up location, visitors would exit their vehicles and the valets would park them in either the southern parking area or the northern parking area (depending on availability) and then (ultimately) utilize either the primary circulation corridor and/or the first parking aisle within the southern parking area to return them to the visitors based on the preferred direction of departure, as illustrated in Figure 1. It is important to note that while the inbound vehicular queues at the proposed valet drop-off/pick- up location are anticipated to be minimal based on the trip generation estimates detailed in Technical Memorandum: Trip Generation Assessment for Surf Farm, Newport Beach, California (Gibson Transportation Consulting, Inc., March 4, 2025), which projected a peak inbound demand of 79 vehicles during the PM peak hour (which is less than one vehicle per minute per driveway), the Project will implement appropriate operational measures to divert and recirculate vehicles internally to alleviate unanticipated queuing when necessary. The detailed valet circulation and operations plan, including specific information related to staffing levels and hours of operation, will be prepared and submitted for City review at a later date. 20-144 @ibson.. transportation consulting Inc. ON -SITE PARKING INVENTORY - 351 SPACESgo �Rv ENE pv 'to go toto 00 �r---------40 -- - 00 to go APP I ov IA 4& i \ , sq R to F r LEGEND OValet Drop -Off / Pick-up Passenger Circulation \ j ♦ ♦ Valet Circulation Nod 10 S-1. ON -SITE PARKING INVENTORY (STRIPED SPACES ONLY) & VALET CIRCULATION PLAN OVERVIEW FIGURE 1 20-145 TABLE 1 PROJECT PARKING DEMAND ANALYSIS SUMMARY LAND USE SIZE/UNIT PARKING DEMAND RATIO TOTAL PEAK PARKING DEMAND Surf Farm Newport Beach Surf Lagoon & Associated Amenities - Visitors (AVR 2.0) [a] 1,400 Visitors 0.1385 Spaces/Visitor 194 Surf Lagoon & Associated Amenities - Employees (AVR 1.0) [b] 70 Employees 0.50 Spaces/Employee 35 Golf Course - Holes to Remain [c] 15 Holes 6.30 Spaces/Hole 95 324 TOTAL ON -SITE PARKING INVENTORY (STRIPED PARKING SPACES ONLY) 351 SURPLUS (SHORTFALL) 27 Notes: [a] The parking ratio was based on the detailed visitor operational modeling data prepared by Wave Garden for the High Season Weekday Scenario, which estimated the associated demand projections for the entire site and resulted in a peak parking demand ratio of 0.1385 spaces/visitor when dividing the maximum number of on -site visitors (388) by the total number of on -site visitors (1,400) and then adjusting based on the visitor AVR of 2.0 persons/vehicle. [b] Based on the detailed employee operational modeling data prepared by Wave Garden for the High Season Weekday Scenario, which estimated the associated demand projections for the entire site and resulted in a peak parkiing demand ratio of 0.5 spaces/employee. [c] The average spaces/hole ratio from Parking Generation, 6th Edition (Institute of Transportation Engineers, 2023) was utilized to calculate the parking requirment for the 15-hole public golf facility. 20-146 Attachment A Wavegarden Case Study Sites 20-147 Wavegarden Facilities in Operation The Wave Bristol, Bristol, UK (Wavegarden Cove) In October 2019 waves started breaking in the world's first public Wavegarden Cove in Bristol, England. The Wave facility is located in a beautiful rural site on the edge of Bristol, close to the M5. The Wave focuses on commercially operating the surf lagoon rather than developing neighbouring property / hotels. The development includes a 150m Wavegarden surfing lagoon, clubhouse building with surf school, shop and restaurant, and 25 glamping `safari tents' for overnight visitors. It is open year-round (with reduced operational hours in winter) and a one -hour surf costs £50-55 for an adult and £40-45 for a child, depending on the time of year and day of the week. A 1.5 hour surf session with coaching costs £60-65 for an adult and £50-55 for a child. Prices include all required equipment. Performance of The Wave has exceeded expectations: • The site has built a strong occupancy profile in the years since it opened through development of the lagoon schedule, continuous refinement of marketing activity and introduction of new products that can run whilst larger wave settings are in the reef. • The Wave is achieving its target of selling 150,000 surf hours in a full year together with attracting tens of thousands of spectators who come to the facility but do not surf. This performance is being achieved despite the fact that visitors have to walk over 1 km from the car park to the facility. • The implementation of multiple offers and discounts is enhancing repeat visitation and additional spend per visit. Moreover, with the experience of years in operation staff costs have been adjusted and as such The Wave is achieving an excellent EBITDA margin. • The safari tents are performing extremely well and there is an aspiration to add additional units when planning allows. WAVE A - DE Adult summer peak prices include: Capacity: • Bay and reef sessions: £55 • Beginner: 34 people/session • Lessons — add £10 • Expert/Intermediate: 24-36 people/session Surf Park Case Studies CONFIDENTIAL 20-148 Wavegarden Facilities in Operation The Wave Bristol, Bristol, UK (Wavegarden Cove) • The surfing lagoon is the biggest contribution to the business with surf sessions, lessons and other products generating over 60% of the total revenues for the business. • Retail and F&B performance reflects the seasonality of visits, with increased visitation and operational hours driving F&B performance during the summer months. The growing onsite accommodation business is helping to increase length of stay and spend per head. • Significant efforts are being made to improve sustainability with the recent installation of a solar and energy storage array such that the business is now generating more energy than it expends in its yearly operation. • In the summer of 2024 The Wave received permits to install artificial lighting to extend their operational hours in response to demand. • Given the commercial success of the Bristol operation, and their operational expertise, the investors behind The Wave are looking for additional sites for development, including a site in London. Surf Park Case Studies CONFIDENTIAL 20-149 Wavegarden Facilities in Operation URBNSURF, Melbourne, Australia (Wavegarden Cove) The opening of URBNSURF on 6th January 2020 in Melbourne was a huge success. The facility captured the hearts and minds of the Australian surfing community and the lagoon operated at almost 100% capacity for 16 hours per day, every day, for the first three months of operation. `It was the best and most fun session I have ever had with friends. Also, as a training centre, the potential is mind blowing" ( Owen Wright, Australian pro surfer) The facility is located next to Melbourne airport and includes a 160m Wavegarden Cove surfing lagoon (with 46 module machine), surf school, shop, restaurant and a number of small private rooms for hire. Capacity: Prices from: • Beginner: up to 64 per session • Beginner surf lesson: AUD$104 = 1 hr 30 min (1 hr in water) • Expert/Intermediate: 20- 40 • Intermediate: AUD$104 = 1 hr session people/session • Advanced: AUD$104 = 1 hr session • Expert: AUD$149 = 1 hr session ARDEW Surf Park Case Studies CONFIDENTIAL 20-150 Wavegarden Facilities in Operation URBNSURF, Melbourne, Australia (Wavegarden Cove) • Operating 16 hours a day to meet demand (6am - 11 pm), Urbnsurf Melbourne is the Wavegarden facility that has created the most waves so far (over 9 Million waves). • Over 180,000 surfing sessions were sold in 2023 representing an overall annual lagoon occupancy of 65%. After the initial honeymoon period, the facility has now stabilized at 150,000+ surfing hours, which is a healthy demand for a stand alone surf park. • The primary source of revenue is surfing. Almost 90% of earnings is driven by the lagoon itself, although F&B is out -sourced and so is not included in this analysis. At the current time they are unable to add on -site accommodation which would help drive additional growth. • The company is now forecasting significant growth in beginner surfing and events - they have already organized a number of events charging 25k AUD per day for facility hire • Recent collaborations with local and regional schools are helping Urbnsurf to grow their profile nationally. During these sessions the facility was hosting over 100 surfers simultaneously in the lagoon. • The company has also built a very strong membership base, driving up repeat visitation and helping to drive visitation during the low season. They have a number of members who visit the facility 2 to 3 times per week • Given the commercial success of the Melbourne operation, the developers behind URBNSURF opened their second Wavegarden surf park in June 2024. F 'fy Surf Park Case Studies CONFIDENTIAL 20-151 Wavegarden Facilities in Operation URBNSURF, Sydney, Australia (Wavegarden Cove) Ir • Urbnsurf Sydney (USS) opened to the public on 13 May 2024. Located at Sydney's Olympic Park, the facility covers 3.6 hectares and is designed to receive 1,000 visitors per day, 7 days a week. • With the opening of USS, Urbnsurf is now the only company in the world to be operating 2 surf parks, a major achievement for the business. • Occupancy for USS has been exceptional during the initial months post opening with the point enjoying a total occupancy rate of over 90% in November and an average lagoon occupancy of c 70% since opening. • The projected surfing hours for a full year could even exceed that achieved by Melbourne during its early honeymoon period. W4 -Kom 011 mac_ Surf Park Case Studies CONFIDENTIAL 20-152 Wavegarden Facilities in Operation Alaia Bay, Sion, Switzerland (Wavegarden Compact Cove) Wavegarden"s smallest facility to date opened in Sion, Switzerland in May 2021. With a footprint of only c. 9,000m2 the Wavegarden Cove is still delivering the full range and size of Reef waves seen at other larger facilities, utilising a total of 46 wave making modules, the same number as in Melbourne and Sydney. The development is a stand alone surf park in a public park offering a 100m Wavegarden surfing lagoon, surf academy, surf shop and large 1st floor restaurant with a balcony overlooking the surfing lagoon. It is open from April to December and a one -hour surf costs from €140 to €160 for an adult and €l20 to €l40 for a child, depending on type of session, time of year and day of the week. A 1.5 hour surf session with coaching costs €l60 to €l80 for an adult and €l40 to €l60 for a child. Prices include all required equipment. Performance in the first years of operation was outstanding: • The lagoon is operating at an average occupancy of over 70% mid week and 95%+ at weekends. • With the highest price point of all Wavegarden facilities, AlaYa has achieved the top monthly revenues to date, with most of it coming from the surfing lagoon and a significant portion from the F&B • The F&B business is booming, with a huge number of visitors coming to just watch the surf and enjoy the atmosphere. With the experience of several years of operation the company has stabilized the operational business and is delivering a consistent and strong EBITDA margin. Prices include: Adult: • 1 hour surf session: €140 to €160 • 1.5 hour surf lesson: €160 to €180 Child (8-12 years) 1 hour surf session: €l20 to €140 1.5 hour surf lesson: €l40 to €l60 WAVE ARDE Capacity: • Beginner: 40 people/session • Expert: 30 people/session Surf Park Case Studies CONFIDENTIAL 20-153 Wavegarden Facilities in Operation Praia da Grama, Sao Paulo, Brazil (Wavegarden Cove) Located in the countryside just 45 minutes from Sao Paulo, Brazil. Praia da Grama, in Fazenda da Grama, is the home of South America's first Wavegarden Cove surfing lagoon. KSM real estate asset management is behind an exclusive property development that features a 160m Wavegarden Cove (with 52 module machine) framed by an idyllic sandy beach and native forest vegetation. The facility was completed in June 2021. Pre Wavegarden Cove Announcement • Existing gated golf course condominium • Phases 1 & 2 included 250+ residential lots • There were only 7 sales of lots in the 12 months prior to announcement of Wavegarden facility Post Wavegarden Cove Announcement (July 2019) • Capital investment represented only 5% of total investment due to the fact that the majority of the project has been financed with pre -sales of lots • 100% of Phase 3 sold out by September 2020 = 84 residential lots • Phase 4 includes 120 residential lots, 98% already sold • Transactions of phases 1 & 2 lots increased by 95% • Estimated Total Revenue reached R$670m • Overall Project IRR of 178% to date • Multiple of 9x on equity achieved. Payback in 3 years • Land price rose from $60 per m2 to $500 per m2 WAVE ARDE "When I announced our plans for a Wavegarden Beach Club at out resort, our residential sales and prices increased dramatically." Oscar Segall, Developer of Praia da Grama Residential Resort, Sao Paulo Please note that titles for the right to use the Wavegarden Cove facility in perpetuity are included in Phases 3 & 4 only. These titles are also sold, but at an additional Given the commercial success of Praia da Grama, the developers behind the project are US$200k, to owners of Phase 1 and 2 lots within the resort. These are proving popular now developing several projects in Brazil, including a new Private Club in Sao Paulo. with 49 transactions to date. Surf Park Case Studies CONFIDENTIAL 20-154 Wavegarden Facilities in Operation SURFLAND BRASIL, Garopaba, Brazil (Wavegarden Cove) Surfland Brasil is an innovative Surf Resort development with fractional ownership apartments built around a Wavegarden Cove. The resort in Garopaba had its soft opening and launched its first waves in November 2023, In addition to the surfing lagoon, the complex will gradually open infrastructure for various sports activities like a skatepark designed by Pedro Barros, swimming pools, tennis courts, beach tennis, surf museum, restaurants, jogging track, gym, yoga shala, spa, and play areas for children. The development has been carefully designed to minimize its impact on the environment, integrating green roofs and prefabricated buildings, solar panels, rainwater harvesting and native flora into the infrastructure. Notably, Surfland Brasil has been honored with an international landscaping award, further highlighting its commitment to excellence in design and environmental integration. • The residential offer has 278 apartments of which 60 serve as a hotel widening the accommodation offer. The remaining 218 apartments are sold in 26 `fractions' for around 30-40K euros per fraction. The apartments range in size from 60-100m2 and owners collaboratively share assets and divide costs, embracing a model where everyone benefits. • Pricing for a fraction increased 40% from first sales to the period before opening and may increase further for the final sales. • The facility is also open to the public with a €6 beach pass during weekdays and weekends. This pass will grant access to the development and the facilities that are free of use: skatepark, gym, swimming pools, beach tennis, tennis courts etc. • IRR is expected at +200% should hypothesis for revenues and expenditure start to consolidate. So far, occupancy of the reef is still high with Bays being less popular. Adult prices include: • Reef Owner: 38€ • Reef walk in: 56€ • Bay Owner: 21€ • Bay walk in: 33€ CA Capacity: • Beginner: up to 48 people/session • Expert/Intermediate:28-40 people/session Surf Park Case Studies CONFIDENTIAL 20-155 Wavegarden Facilities in Operation Lost Shore Resort, Edinburgh, Scotland (Wavegarden Cove) Lost Shore Surf Resort opened to the public on November 11 2024 in Ratho, located 15 km from the Scottish capital and just 10 minutes from the airport, following the largest Scottish sports infrastructure investment since the 2014 Commonwealth Games (£60 million). With the first waves already breaking, the surf park is expected to welcome over 160,000 visitors each year, create more than 130 jobs, and contribute £11 million annually to the local economy Set within a sprawling 60-acre country park of the former Craigpark Quarry, Lost Shore Surf Resort features a 52-module Wavegarden Cove, with 53 luxury accommodation units made up of Hilltop Lodges and Waterfront Pods and Lodges. Over 250 meters of beachfront offer a surf school, surf shop, Surfskate Academy, top Scottish restaurants and bars, a sauna, and various wellness services. Lost Shore Surf Resort is committed to preserving the ecology of the former quarry with a sustainable energy strategy that uses wind and solar energy to power the wave Due to the difficult geotechnical conditions of the former quarry site, a special construction method was required for the surf lagoon. Before the foundations were constructed, the ground was stabilized with a temporary backfill. The foundations were strengthened with a T-shaped reinforcement to increase stability. This design prevents subsidence and ensures the smooth operation of the surf lagoon. It also avoided the use of more than 1,200 piles, which would have been necessary in these conditions Prices include: Adult: • 1 hour surf session: €66 • 1.5 hour surf lesson: €72 Child (8-12 years) • 1 hour surf session: €54 • 1.5 hour surf lesson: €60 WAVE GAAD[- Capacity: • Beginner: 52 people/session • Expert/Intermediate: 24-40 people/session Surf Park Case Studies CONFIDENTIAL 20-156 Attachment B Wavegarden Data 20-157 Total Days 72 46 75 48 39 83 Available Total visits 27,664 22,290 51,908 51,538 54,407 147,618 355,425 Average Wells per day 380 480 690 1,070 1,400 1,780 High Season Weekday Average Visits Per Day 1,400 'I -by car 100 % 1,400 Total cars 2.0 people per car 700 Forecast Visitor Dwell Time at Surf Park Arrival 07/08 08/09 09/10 10/11 11112 12/13 13114 14/15 15/16 16/17 17/18 18/19 19/20 20121 21/22 22/23 23/24 Grpl Gip2 Grp3 Gry4 Grp5 Grp6 Grp7 Grp8 GIp9 Grp10 Grpl1 Grpl2 Grp13 Grp14 Gipl5 Gipl6 GIp17 Depart 07/O8 Grp1 0% 08/09 Grp2 5% 2% Sunchvisks tayi Bless 09/10 Grp3 20% 5% 2% 10/11 Grp4 30% 18% 5% 2% 11/12 Grp5 25% 30% 18% 5% 2% 12/13 Grp6 15% 25% 3.% 18% 5% S% Aflerworkdrink 13/14 Grp7 5% 15% 25% 30% 18% 10% 5% &dinner visits 14/15 Grp8 5% 15% 25% 30% 15% 10% 2% staying less than l hr 15816 15/16 Grp9 5% 15% 25% 30% 15% 5% 2% se F8B 16/17 Grp10 5% 15% 25% 30% 18% 5% 2% visits only 17/18 GM 1 5% 10% 25% 30% 18% 5% 2% 18/19 Grp12 5% 10% 25% 30% 18% 5% 5% 19/20 Grp13 5% 15% 25% 30% 18% 10% 5% 20121 Grp14 5% 15% 25% 30% 30% 10% 5% 21/22 Grpl5 5% 15% 25% 40% 30% 40% 20% 22/23 Grpl6 5% 15% 10% 40% 30% 60% 30% 23/24 Grp17 5% 5% 15% 25% 20% 70% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Visitors in Park (excluding staff) - Average High Season Week Day Car Parking Requirements (excluding staff) - Average High Season Week Day Hour Visitor Visitor Cumulative Wsifor Cumulative Visitors Car Cumulative Car Cum. Car Cars Arrival Arrivals Arrivals Departures Departures In Park Arrivals Car Arrivals Departures Departures In Park 07/08 3% 42 42 0 0 42 21 21 0 0 21 OS/09 5% 70 112 4 4 109 35 56 2 2 54 09/10 6% 84 196 14 17 179 42 98 7 9 89 10/11 8% 112 308 32 49 259 56 154 16 24 130 11/12 9% 126 434 55 103 331 63 217 27 52 165 12/13 10% 140 574 82 186 — 70 287 41 93 — 13/14 7% 98 672 109 295 377 49 336 54 147 189 14/15 6% 84 756 114 409 347 42 378 57 205 173 15116 6% 34 840 115 524 316 42 420 58 262 158 16/17 8% 112 952 110 635 317 56 476 55 317 159 17/18 9% 126 1,078 93 728 350 63 539 47 364 175 18/19 6% 84 1, 162 94 622 340 42 561 47 411 170 19/20 6% 84 1,246 107 929 317 42 623 54 464 159 20/21 5% 70 1,316 120 1,049 267 35 658 60 524 134 21/22 4% 56 1,372 151 1,199 173 28 686 75 600 86 22/23 2% 28 1,400 130 1,329 71 14 700 65 664 36 23/24 0 1,400 71 1,400 0 0 700 36 700 0 100% 1,400 1,400 Peak In Part 388 700 700 Peak in Park 194 &OSesson (14 Hours) Traffic Movements - Average High Season Week Day Hour Car Car Traffic Arrivals Departur�Movern is 07/08 21 0 21 1 O8/o9 35 2 37 Average High Season Week Day Traffic Movements 09/10 42 7 49 — 10/11 56 16 72 130 11/12 63 27 90 100 l90 03 12/13 70 41 =11 90 5 13/14 49 54 103 14/15 42 57 99 72 80 ]5 15/16 42 56 100 16/17 56 55 _17 60 17/18 63 47 110 49 18/19 42 47 89 40 3J 36 19/20 42 54 96 20/21 35 60 95 I 20 21 21/22 28 75 103',', 22/23 14 65 79 0 23/24 0 36 36 07/08 08/W 09/10 10/11 11112 12/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23/24 700 700 1,400 SurlSes w (14 Hours) 20-158 Attachment F Trip Generation Analysis 20-159 (0i bso n transportation consulting, inc. TECHNICAL MEMORANDUM TO: Brad Sommers, P.E. Transportation Manager/City Traffic Engineer Public Works Department City of Newport Beach FROM: Sean Mohn DATE: March 4, 2025 RE: Trip Generation Assessment for Surf Farm Newport Beach, California Ref: J2116 Gibson Transportation Consulting, Inc. (GTC) was asked to prepare a detailed trip generation assessment for Surf Farm (Project) in the City of Newport Beach (City). This memorandum summarizes the assessment, including the development of trip generation rates and estimates for the Project based on detailed programmatic attendance information and operational modeling data provided by industry experts (i.e., Wavegarden'), the development of trip generation estimates for the privately owned golf facility (which is open to the public) currently _ located at the Project site based on Trip Generation Manual, 111" Edition (Institute of Transportation Engineers [ITE], 2021) rates, and the resulting net new trip generation estimates for the Project. PROJECT DESCRIPTION _ Based on discussions with the Project team and a detailed review of the associated Project materials, it is our understanding that the Project would redevelop 15 acres at 3100 Irvine Avenue to accommodate a private surfing facility consisting of a five -acre surf lagoon and 59,772 square feet (sf) of associated ancillary amenities for members and guests, including restaurant and lounge areas, as illustrated in Figure 1. The Project would replace significant portions of the existing privately owned golf facility, including the 38 position driving range, the 233-seat restaurant, and three holes of the golf course. The Project would retain a limited portion of the existing privately owned golf facility (i.e., 15 holes of the golf course). Access to the Project would be provided via the existing driveway located on Irvine Avenue and from a new driveway located on Mesa Drive. Wavegarden was founded in 2005 and has grown to become the largest specialist surf park company in the world with over 90 full time employees providing wave innovation design, master planning, civil design, water treatment, operations, and maintenance services. Wavegarden currently has nine surf facilities in operation, 10 surf facilities under construction or pre -construction, and over 40 surf facilities in the feasibility and design phase throughout the Americas, Europe, Asia, and Oceana. 655 N. Central Avenue, Suite 920 Glendale, CA 91203 213.683.0088 213.683.0033 20-160 Brad Sommers, P.E. March 4, 2025 Page 2 PROJECT TRIP GENERATION ANALYSIS The trip generation rates and estimates developed for the Project, the trip generation estimates for the existing privately owned golf facility currently located at the Project site, and the resulting net new trip generation estimates for the Project are detailed below. Surf Lagoon and Associated Amenities For purposes of developing empirical trip generation rates for the five -acre surf lagoon and associated ancillary amenities, GTC conducted a comprehensive review of the detailed programmatic attendance information and operational modeling data prepared by Wavegarden for typical high season weekday activity at the Newport Beach site, which was developed as part of a comprehensive market analysis based on the following key factors: 1. Market Demand Potential — Size, Profile, & Behavior 2. Market Supply — Potential Competition 3. Performance of Comparable Attractions 4. Quality of Concept, Product & Visitor Experience 5. Product Refreshment & Repeat Visit Potential 6. Location, Access & Wider Destination Context 7. Weather, Seasonality & Capacity 8. Price, Opening Hours, Duration of Visit & Value for Money 9. Quality of Management & Marketing 10. Community & Stakeholder Support It is important to note that (A) the comprehensive market analysis also included an extensive review of comparable case studies for purposes of validating the analysis assumptions and demand envelopes, and (B) that the resulting detailed programmatic attendance information and operational modeling data also reflect the associated physical and operational parameters of the facility, including an identified maximum capacity of 72 surfers within the surf lagoon at any given time and the associated demand control afforded by the Project reservation system. The comparable case study sites and relevant details are provided in Attachment A. Based on subsequent discussions with Wavegarden, it was confirmed that employees would arrive and depart outside the AM and PM peak hours. It was also confirmed that the attendance levels projected for typical high season weekday activity reflect the total demand for the site, inclusive of the surf lagoon demand (approximately 50% of the daily visitors), the independent demand for the ancillary amenities such as the surf academy, restaurant, shops, and fitness/yoga facilities (approximately 50% of the daily visitors), and the non -trip generating demand for the additional ancillary amenities intended to be utilized solely by patrons of the surf lagoon and the surf academy, such as the dorm rooms. As such, the empirical trip generation rates developed for the surf lagoon and associated amenities are based on the projected attendance levels, corresponding employee estimates and operational parameters, and associated average vehicle ridership (AVR) ratios anticipated during typical high season weekday activity, as summarized below. 20-161 Brad Sommers, P.E. March 4, 2025 Page 3 • Surf Lagoon and Associated Amenities — Visitors o 1,400 Daily Visitors (2,800 Person Trips) ■ Surf Lagoon — 700 Daily Visitors (50%) ■ Surf Academy — 140 Daily Visitors (10%) ■ Restaurant — 280 Daily Visitors (20%) ■ Shops — 70 Daily Visitors (5%) ■ Fitness/Yoga Facilities — 210 Daily Visitors (15%) o AM Peak Hour ■ 70 Visitors Inbound ■ 4 Visitors Outbound o PM Peak Hour ■ 112 Visitors Inbound ■ 110 Visitors Outbound o AVR — 2.0 Persons/Vehicle • Surf Lagoon and Associated Amenities — Employees o 70 Daily Employees (140 Person Trips) o AVR — 1.0 Persons/Vehicle The tabular summary of the aforementioned detailed programmatic attendance information and operational modeling data prepared by Wavegarden is provided in Attachment B. The resulting trip generation rates for the Project are detailed below. • Surf Lagoon and Associated Amenities — Visitors o Daily Trips — 1.00 Trips/Visitor o AM Peak Hour Trips — 0.027 Trips/Visitor o PM Peak Hour Trips — 0.079 Trips/Visitor • Surf Lagoon and Associated Amenities — Employees o Daily Trips — 2.00 Trips/Employee o AM Peak Hour Trips — N/A o PM Peak Hour Trips — N/A 20-162 Brad Sommers, P.E. March 4, 2025 Page 4 Based on trip generation rates described above for the surf lagoon and associated amenities and the conservative AVR ratios of 2.0 persons/vehicle for visitors and 1.0 persons/vehicle for employees, approximately 1,400 daily trips, 37 morning peak hour trips (including 35 inbound trips and two outbound trips), and 111 afternoon peak hour trips (including 56 inbound trips and 55 outbound trips) would be generated by the visitors and approximately 140 daily trips would be generated by the employees, as summarized in Table 1. It is important to note that the development of the trip generation rates for the visitors and employees did not consider the utilization of alternative transportation modes (transit, bike, walk, etc.) As such, the resulting trip generation estimates assume that 100% of the visitors and employees would travel to/from the Project site via automobile. Existinq Privately Owned Golf Facility to be Retained As directed by the City, the trip generation rates for the limited portions of the existing privately owned golf facility to be retained (i.e., 15 holes of the golf course) are based on Trip Generation Manual, 11th Edition rates for the following ITE land use category, as summarized in Table 1: • Golf Course (Land Use 430) Based on trip generation rates described above, approximately 456 daily trips, 26 morning peak hour trips (including 21 inbound trips and five outbound trips), and 44 afternoon peak hour trips (including 23 inbound trips and 21 outbound trips) would be generated by the limited portions of the existing privately owned golf facility to be retained, as summarized in Table 1. Existina Privately Owned Golf Facilitv to be Realaced As directed by the City, the trip generation rates for the significant portions of the existing privately owned golf facility to be replaced, including three holes of the golf course, the 38 position driving range, and the 233-seat restaurant, are based on Trip Generation Manual, 111h Edition rates for the following ITE land use categories, as summarized in Table 1: • Golf Course (Land Use 430) • Driving Range (Land Use 432) • High -Turnover (Sit -Down) Restaurant (Land Use 932) To identify the daily trip generation estimates associated with the 233-seat restaurant, the refined methodology utilized the trip generation rates for High -Turnover (Sit -Down) Restaurant (ITE Land Use 932), which seemed the most applicable based on the associated land use definition. Based on trip generation rates described above, the replacement of the portions of the existing privately owned golf facility described above would result in the reduction of approximately 1,810 daily trips, 136 morning peak hour trips (including 76 inbound trips and 60 outbound trips), and 165 afternoon peak hour trips (including 87 inbound trips and 78 outbound trips), as summarized in Table 1. 20-163 Brad Sommers, P.E. March 4, 2025 Page 5 For conservative purposes, the resulting trip generation estimates reflect an internal capture adjustment of 25% to account for Golf Course patrons that might also utilize the Driving Range and/or the Restaurant. It is also important to note that the use of Trip Generation Manual, 11 th Edition rates for the three distinct existing privately owned golf facility land uses was validated prior to the completion of this assessment based on a comparative analysis of traffic volume data collected at the Project site on April 3, 2024. The traffic volume data is provided in Attachment C. FINAL ASSESSMENT As previously discussed, the Project trip generation rates and associated trip generation estimates were developed based on the attendance and associated vehicular demand projections for the High Season Weekday Scenario and an associated conservative AVR ratio of 2.0. Based on the analysis results detailed above, the Project is anticipated to generate 186 net new daily trips, a net reduction of 73 AM peak hour trips (including 20 inbound trips and 53 outbound trips), and a net reduction of 10 PM peak hour trips (including eight inbound trips and two outbound trips), as summarized in Table 1. The net new trip generation estimates reflect both the reduction of trips associated with the significant portions of existing privately owned golf facility to be replaced and the addition of trips associated with the limited portions of the privately owned golf facility to be retained. As detailed above, the project is forecast to generate less than 300 net daily trips. Therefore, the Project does not require preparation of a transportation/traffic impact analysis per the City's Traffic Phasing Ordinance. Additionally, the Project is considered to have a less than significant impact on transportation/traffic and a vehicle miles traveled (VMT) study is not required per the City's VMT Analysis Methodology detailed in City Council Policy K-3. 20-164 FIGURE 1 SNUG HARBOR NEWPORT BEACH, CA 92660 Site Development R-lew 52ND STREET CONSULTANTS LLC MVE t PARTNERS NEWPORT BEACH, CA 92660 1900 MAIN STREET, SUITE 800 IRVINE, CA 92614 PHONE: 949.809.3388 O A0.2 SITE PLAN 1" = 60'-0" 4/29/2024 20-165 TABLE 1 PROJECT TRIP GENERATION ANALYSIS SUMMARY TRIP GENERATION RATES LAND USE SIZEIUNIT AM Peak Hour PM Peak Hour Daily Inbound Outbound Total Inbound Outbound Total Surf Lagoon & Associated Amenities - Visitors [a] Per Visitor 1.00 95 % 5 % 0.027 51 % 49 % 0.079 Surf Lagoon & Associated Amenities - Employees [a] Per Employee 2.00 - - - - - - Golf Course - ITE Land Use 430 Per Hole 30.38 79 % 21 % 1.76 53 % 47 % 2.91 Driving Range - ITE Land Use 432 Per Position 13.65 61 % 39 % 0.40 45 % 55 % 1.25 High -Turnover (Sit -Down) Restaurant - ITE Land Use 932 Per Seat 11 4.37 52 % 58 % 0.45 57 % 43 % 0.39 TRIP GENERATION ESTIMATES -WEEKDAY LAND USE SIZEIUNIT AM Peak Hour PM Peak Hour Daily Inbound Outbound Total Inbound Outbound Total Surf Farm Newport Beach Surf Lagoon & Associated Amenities - Visitors (AVR 2.0) [a] 1,400 Visitors 1,400 35 2 37 56 55 ill Surf Lagoon & Associated Amenities - Employees (AVR 1.0) [a] 70 Employees 140 - - - - Golf Course - Holes to Remain [b] 15 Holes 456 21 5 26 23 21 44 1,996 56 7 63 79 76 155 Existing Public Golf Facility [b] Golf Course 18 Holes 547 25 7 32 28 25 52 Driving Range 38 Positions 519 9 6 15 21 26 48 Less Internal Capture [c] 25 % (137) (6) (2) (8) (7) (6) (13) Restaurant 233 Seats 1,018 55 50 105 52 39 91 Less Internal Capture [c] 25 % (137) &1 0 (3) in &1 (13) 1,810 76 60 136 87 78 165 Net New Total 186 (20) (53) (73) (8) (2) (10) Notes: [a] Based on the detailed employee and visitor operational modeling data prepared by Wave Garden for the High Season Weekday Scenario, which estimated the associated demand projections for the entire site. [b] Trip generation rates from Trip Generation Manual, 1 fth Edition (Institute of Transportation Engineers, 2021) were utilized to calculate the trip generation estimates for the public golf facility land uses. [c] An internal capture adjustment was applied to account for Golf Course patrons that might also utilize the Driving Range and/or the Restaurant. 20-166 Attachment A Wavegarden Case Study Sites 20-167 Wavegarden Facilities in Operation The Wave Bristol, Bristol, UK (Wavegarden Cove) In October 2019 waves started breaking in the world's first public Wavegarden Cove in Bristol, England. The Wave facility is located in a beautiful rural site on the edge of Bristol, close to the M5. The Wave focuses on commercially operating the surf lagoon rather than developing neighbouring property / hotels. The development includes a 150m Wavegarden surfing lagoon, clubhouse building with surf school, shop and restaurant, and 25 glamping `safari tents' for overnight visitors. It is open year-round (with reduced operational hours in winter) and a one -hour surf costs £50-55 for an adult and £40-45 for a child, depending on the time of year and day of the week. A 1.5 hour surf session with coaching costs £60-65 for an adult and £50-55 for a child. Prices include all required equipment. Performance of The Wave has exceeded expectations: • The site has built a strong occupancy profile in the years since it opened through development of the lagoon schedule, continuous refinement of marketing activity and introduction of new products that can run whilst larger wave settings are in the reef. • The Wave is achieving its target of selling 150,000 surf hours in a full year together with attracting tens of thousands of spectators who come to the facility but do not surf. This performance is being achieved despite the fact that visitors have to walk over 1 km from the car park to the facility. • The implementation of multiple offers and discounts is enhancing repeat visitation and additional spend per visit. Moreover, with the experience of years in operation staff costs have been adjusted and as such The Wave is achieving an excellent EBITDA margin. • The safari tents are performing extremely well and there is an aspiration to add additional units when planning allows. WAVE A - DE Adult summer peak prices include: Capacity: • Bay and reef sessions: £55 • Beginner: 34 people/session • Lessons — add £10 • Expert/Intermediate: 24-36 people/session Surf Park Case Studies CONFIDENTIAL 20-168 Wavegarden Facilities in Operation The Wave Bristol, Bristol, UK (Wavegarden Cove) • The surfing lagoon is the biggest contribution to the business with surf sessions, lessons and other products generating over 60% of the total revenues for the business. • Retail and F&B performance reflects the seasonality of visits, with increased visitation and operational hours driving F&B performance during the summer months. The growing onsite accommodation business is helping to increase length of stay and spend per head. • Significant efforts are being made to improve sustainability with the recent installation of a solar and energy storage array such that the business is now generating more energy than it expends in its yearly operation. • In the summer of 2024 The Wave received permits to install artificial lighting to extend their operational hours in response to demand. • Given the commercial success of the Bristol operation, and their operational expertise, the investors behind The Wave are looking for additional sites for development, including a site in London. Surf Park Case Studies CONFIDENTIAL 20-169 Wavegarden Facilities in Operation URBNSURF, Melbourne, Australia (Wavegarden Cove) The opening of URBNSURF on 6th January 2020 in Melbourne was a huge success. The facility captured the hearts and minds of the Australian surfing community and the lagoon operated at almost 100% capacity for 16 hours per day, every day, for the first three months of operation. `It was the best and most fun session I have ever had with friends. Also, as a training centre, the potential is mind blowing" ( Owen Wright, Australian pro surfer) The facility is located next to Melbourne airport and includes a 160m Wavegarden Cove surfing lagoon (with 46 module machine), surf school, shop, restaurant and a number of small private rooms for hire. Capacity: Prices from: • Beginner: up to 64 per session • Beginner surf lesson: AUD$104 = 1 hr 30 min (1 hr in water) • Expert/Intermediate: 20- 40 • Intermediate: AUD$104 = 1 hr session people/session • Advanced: AUD$104 = 1 hr session • Expert: AUD$149 = 1 hr session ARDEW Surf Park Case Studies CONFIDENTIAL 20-170 Wavegarden Facilities in Operation URBNSURF, Melbourne, Australia (Wavegarden Cove) • Operating 16 hours a day to meet demand (6am - 11 pm), Urbnsurf Melbourne is the Wavegarden facility that has created the most waves so far (over 9 Million waves). • Over 180,000 surfing sessions were sold in 2023 representing an overall annual lagoon occupancy of 65%. After the initial honeymoon period, the facility has now stabilized at 150,000+ surfing hours, which is a healthy demand for a stand alone surf park. • The primary source of revenue is surfing. Almost 90% of earnings is driven by the lagoon itself, although F&B is out -sourced and so is not included in this analysis. At the current time they are unable to add on -site accommodation which would help drive additional growth. • The company is now forecasting significant growth in beginner surfing and events - they have already organized a number of events charging 25k AUD per day for facility hire • Recent collaborations with local and regional schools are helping Urbnsurf to grow their profile nationally. During these sessions the facility was hosting over 100 surfers simultaneously in the lagoon. • The company has also built a very strong membership base, driving up repeat visitation and helping to drive visitation during the low season. They have a number of members who visit the facility 2 to 3 times per week • Given the commercial success of the Melbourne operation, the developers behind URBNSURF opened their second Wavegarden surf park in June 2024. F 'fy Surf Park Case Studies CONFIDENTIAL 20-171 Wavegarden Facilities in Operation URBNSURF, Sydney, Australia (Wavegarden Cove) Ir • Urbnsurf Sydney (USS) opened to the public on 13 May 2024. Located at Sydney's Olympic Park, the facility covers 3.6 hectares and is designed to receive 1,000 visitors per day, 7 days a week. • With the opening of USS, Urbnsurf is now the only company in the world to be operating 2 surf parks, a major achievement for the business. • Occupancy for USS has been exceptional during the initial months post opening with the point enjoying a total occupancy rate of over 90% in November and an average lagoon occupancy of c 70% since opening. • The projected surfing hours for a full year could even exceed that achieved by Melbourne during its early honeymoon period. W4 -Kom 011 mac_ Surf Park Case Studies CONFIDENTIAL 20-172 Wavegarden Facilities in Operation Alaia Bay, Sion, Switzerland (Wavegarden Compact Cove) Wavegarden"s smallest facility to date opened in Sion, Switzerland in May 2021. With a footprint of only c. 9,000m2 the Wavegarden Cove is still delivering the full range and size of Reef waves seen at other larger facilities, utilising a total of 46 wave making modules, the same number as in Melbourne and Sydney. The development is a stand alone surf park in a public park offering a 100m Wavegarden surfing lagoon, surf academy, surf shop and large 1st floor restaurant with a balcony overlooking the surfing lagoon. It is open from April to December and a one -hour surf costs from €140 to €160 for an adult and €l20 to €l40 for a child, depending on type of session, time of year and day of the week. A 1.5 hour surf session with coaching costs €l60 to €l80 for an adult and €l40 to €l60 for a child. Prices include all required equipment. Performance in the first years of operation was outstanding: • The lagoon is operating at an average occupancy of over 70% mid week and 95%+ at weekends. • With the highest price point of all Wavegarden facilities, AlaYa has achieved the top monthly revenues to date, with most of it coming from the surfing lagoon and a significant portion from the F&B • The F&B business is booming, with a huge number of visitors coming to just watch the surf and enjoy the atmosphere. With the experience of several years of operation the company has stabilized the operational business and is delivering a consistent and strong EBITDA margin. Prices include: Adult: • 1 hour surf session: €140 to €160 • 1.5 hour surf lesson: €160 to €180 Child (8-12 years) 1 hour surf session: €l20 to €140 1.5 hour surf lesson: €l40 to €l60 WAVE ARDE Capacity: • Beginner: 40 people/session • Expert: 30 people/session Surf Park Case Studies CONFIDENTIAL 20-173 Wavegarden Facilities in Operation Praia da Grama, Sao Paulo, Brazil (Wavegarden Cove) Located in the countryside just 45 minutes from Sao Paulo, Brazil. Praia da Grama, in Fazenda da Grama, is the home of South America's first Wavegarden Cove surfing lagoon. KSM real estate asset management is behind an exclusive property development that features a 160m Wavegarden Cove (with 52 module machine) framed by an idyllic sandy beach and native forest vegetation. The facility was completed in June 2021. Pre Wavegarden Cove Announcement • Existing gated golf course condominium • Phases 1 & 2 included 250+ residential lots • There were only 7 sales of lots in the 12 months prior to announcement of Wavegarden facility Post Wavegarden Cove Announcement (July 2019) • Capital investment represented only 5% of total investment due to the fact that the majority of the project has been financed with pre -sales of lots • 100% of Phase 3 sold out by September 2020 = 84 residential lots • Phase 4 includes 120 residential lots, 98% already sold • Transactions of phases 1 & 2 lots increased by 95% • Estimated Total Revenue reached R$670m • Overall Project IRR of 178% to date • Multiple of 9x on equity achieved. Payback in 3 years • Land price rose from $60 per m2 to $500 per m2 WAVE ARDE "When I announced our plans for a Wavegarden Beach Club at out resort, our residential sales and prices increased dramatically." Oscar Segall, Developer of Praia da Grama Residential Resort, Sao Paulo Please note that titles for the right to use the Wavegarden Cove facility in perpetuity are included in Phases 3 & 4 only. These titles are also sold, but at an additional Given the commercial success of Praia da Grama, the developers behind the project are US$200k, to owners of Phase 1 and 2 lots within the resort. These are proving popular now developing several projects in Brazil, including a new Private Club in Sao Paulo. with 49 transactions to date. Surf Park Case Studies CONFIDENTIAL 20-174 Wavegarden Facilities in Operation SURFLAND BRASIL, Garopaba, Brazil (Wavegarden Cove) Surfland Brasil is an innovative Surf Resort development with fractional ownership apartments built around a Wavegarden Cove. The resort in Garopaba had its soft opening and launched its first waves in November 2023, In addition to the surfing lagoon, the complex will gradually open infrastructure for various sports activities like a skatepark designed by Pedro Barros, swimming pools, tennis courts, beach tennis, surf museum, restaurants, jogging track, gym, yoga shala, spa, and play areas for children. The development has been carefully designed to minimize its impact on the environment, integrating green roofs and prefabricated buildings, solar panels, rainwater harvesting and native flora into the infrastructure. Notably, Surfland Brasil has been honored with an international landscaping award, further highlighting its commitment to excellence in design and environmental integration. • The residential offer has 278 apartments of which 60 serve as a hotel widening the accommodation offer. The remaining 218 apartments are sold in 26 `fractions' for around 30-40K euros per fraction. The apartments range in size from 60-100m2 and owners collaboratively share assets and divide costs, embracing a model where everyone benefits. • Pricing for a fraction increased 40% from first sales to the period before opening and may increase further for the final sales. • The facility is also open to the public with a €6 beach pass during weekdays and weekends. This pass will grant access to the development and the facilities that are free of use: skatepark, gym, swimming pools, beach tennis, tennis courts etc. • IRR is expected at +200% should hypothesis for revenues and expenditure start to consolidate. So far, occupancy of the reef is still high with Bays being less popular. Adult prices include: • Reef Owner: 38€ • Reef walk in: 56€ • Bay Owner: 21€ • Bay walk in: 33€ CA Capacity: • Beginner: up to 48 people/session • Expert/Intermediate:28-40 people/session Surf Park Case Studies CONFIDENTIAL 20-175 Wavegarden Facilities in Operation Lost Shore Resort, Edinburgh, Scotland (Wavegarden Cove) Lost Shore Surf Resort opened to the public on November 11 2024 in Ratho, located 15 km from the Scottish capital and just 10 minutes from the airport, following the largest Scottish sports infrastructure investment since the 2014 Commonwealth Games (£60 million). With the first waves already breaking, the surf park is expected to welcome over 160,000 visitors each year, create more than 130 jobs, and contribute £11 million annually to the local economy Set within a sprawling 60-acre country park of the former Craigpark Quarry, Lost Shore Surf Resort features a 52-module Wavegarden Cove, with 53 luxury accommodation units made up of Hilltop Lodges and Waterfront Pods and Lodges. Over 250 meters of beachfront offer a surf school, surf shop, Surfskate Academy, top Scottish restaurants and bars, a sauna, and various wellness services. Lost Shore Surf Resort is committed to preserving the ecology of the former quarry with a sustainable energy strategy that uses wind and solar energy to power the wave Due to the difficult geotechnical conditions of the former quarry site, a special construction method was required for the surf lagoon. Before the foundations were constructed, the ground was stabilized with a temporary backfill. The foundations were strengthened with a T-shaped reinforcement to increase stability. This design prevents subsidence and ensures the smooth operation of the surf lagoon. It also avoided the use of more than 1,200 piles, which would have been necessary in these conditions Prices include: Adult: • 1 hour surf session: €66 • 1.5 hour surf lesson: €72 Child (8-12 years) • 1 hour surf session: €54 • 1.5 hour surf lesson: €60 WAVE GAAD[- Capacity: • Beginner: 52 people/session • Expert/Intermediate: 24-40 people/session Surf Park Case Studies CONFIDENTIAL 20-176 Attachment B Wavegarden Data 20-177 Total Days 72 46 75 48 39 83 Available Total visits 27,664 22,290 51,908 51,538 54,407 147,618 355,425 Average Wells per day 380 480 690 1,070 1,400 1,780 High Season Weekday Average Visits Per Day 1,400 'I -by car 100 % 1,400 Total cars 2.0 people per car 700 Forecast Visitor Dwell Time at Surf Park Arrival 07/08 08/09 09/10 10/11 11112 12/13 13114 14/15 15/16 16/17 17/18 18/19 19/20 20121 21/22 22/23 23/24 Grpl Gip2 Grp3 Gry4 Grp5 Grp6 Grp7 Grp8 GIp9 Grp10 Grpl1 Grpl2 Grp13 Grp14 Gipl5 Gipl6 GIp17 Depart 07/O8 Grp1 0% 08/09 Grp2 5% 2% Sunchvisks tayi Bless 09/10 Grp3 20% 5% 2% 10/11 Grp4 30% 18% 5% 2% 11/12 Grp5 25% 30% 18% 5% 2% 12/13 Grp6 15% 25% 3.% 18% 5% S% Aflerworkdrink 13/14 Grp7 5% 15% 25% 30% 18% 10% 5% &dinner visits 14/15 Grp8 5% 15% 25% 30% 15% 10% 2% staying less than l hr 15816 15/16 Grp9 5% 15% 25% 30% 15% 5% 2% se F8B 16/17 Grp10 5% 15% 25% 30% 18% 5% 2% visits only 17/18 GM 1 5% 10% 25% 30% 18% 5% 2% 18/19 Grp12 5% 10% 25% 30% 18% 5% 5% 19/20 Grp13 5% 15% 25% 30% 18% 10% 5% 20121 Grp14 5% 15% 25% 30% 30% 10% 5% 21/22 Grpl5 5% 15% 25% 40% 30% 40% 20% 22/23 Grpl6 5% 15% 10% 40% 30% 60% 30% 23/24 Grp17 5% 5% 15% 25% 20% 70% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Visitors in Park (excluding staff) - Average High Season Week Day Car Parking Requirements (excluding staff) - Average High Season Week Day Hour Visitor Visitor Cumulative Wsifor Cumulative Visitors Car Cumulative Car Cum. Car Cars Arrival Arrivals Arrivals Departures Departures In Park Arrivals Car Arrivals Departures Departures In Park 07/08 3% 42 42 0 0 42 21 21 0 0 21 OS/09 5% 70 112 4 4 109 35 56 2 2 54 09/10 6% 84 196 14 17 179 42 98 7 9 89 10/11 8% 112 308 32 49 259 56 154 16 24 130 11/12 9% 126 434 55 103 331 63 217 27 52 165 12/13 10% 140 574 82 186 — 70 287 41 93 — 13/14 7% 98 672 109 295 377 49 336 54 147 189 14/15 6% 84 756 114 409 347 42 378 57 205 173 15116 6% 34 840 115 524 316 42 420 58 262 158 16/17 8% 112 952 110 635 317 56 476 55 317 159 17/18 9% 126 1,078 93 728 350 63 539 47 364 175 18/19 6% 84 1, 162 94 622 340 42 561 47 411 170 19/20 6% 84 1,246 107 929 317 42 623 54 464 159 20/21 5% 70 1,316 120 1,049 267 35 658 60 524 134 21/22 4% 56 1,372 151 1,199 173 28 686 75 600 86 22/23 2% 28 1,400 130 1,329 71 14 700 65 664 36 23/24 0 1,400 71 1,400 0 0 700 36 700 0 100% 1,400 1,400 Peak In Part 388 700 700 Peak in Park 194 &OSesson (14 Hours) Traffic Movements - Average High Season Week Day Hour Car Car Traffic Arrivals Departur�Movern is 07/08 21 0 21 1 O8/o9 35 2 37 Average High Season Week Day Traffic Movements 09/10 42 7 49 — 10/11 56 16 72 130 11/12 63 27 90 100 l90 03 12/13 70 41 =11 90 5 13/14 49 54 103 14/15 42 57 99 72 80 ]5 15/16 42 56 100 16/17 56 55 _17 60 17/18 63 47 110 49 18/19 42 47 89 40 3J 36 19/20 42 54 96 20/21 35 60 95 I 20 21 21/22 28 75 103',', 22/23 14 65 79 0 23/24 0 36 36 07/08 08/W 09/10 10/11 11112 12/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23/24 700 700 1,400 SurlSes w (14 Hours) 20-178 Attachment C Traffic Volume Data 20-179 Prepared by City Count, LLC (www.citycount.com) ADT Volume Report Newport Beach Golf Course Driveway (Off Irvine Avenue) Day: Wednesday, April 3, 2024 City: Newport Beach, CA Total Daily Totals 1839 AM In Out Total PM In J11111111111111 Total 00:00 0 0 12:00 12 7 19 00:15 0 0 22:15 18 11 29 00:30 1 0 12:30 15 21 36 00:45 0 1 1 1 22:45 23 68 22 61 45 129 01:00 0 1 13:00 16 18 34 02:15 0 0 23:25 20 14 34 01:30 0 0 13:30 16 19 35 02:45 0 0 0 1 23:45 20 72 21 72 41 144 02:00 0 0 14:00 19 9 28 02:25 1 0 1 24:25 13 22 35 02:30 0 0 0 14:30 23 16 39 02:45 0 0 1 0 0 0 0 24:45 18 73 22 69 40 142 03:00 15:00 10 18 28 03:25 0 0 25:25 17 17 34 03:30 0 1 1 15:30 20 18 38 03:45 0 2 0 0 0 1 0 15:45 24 71 14 67 38 138 04:00 2 16:00 31 18 49 04:25 0 0 26:25 20 22 42 04:30 0 0 16:30 27 18 45 04:45 0 0 2 0 0 0 26:45 27 28 105 17 15 75 44 180 43 05:00 17:00 05:15 0 0 27:15 26 17 43 05:30 1 0 17:30 31 19 50 05:45 1 2 0 0 17:45 30 115 21 72 51 187 21 25 46 06:00 0 1 18:00 06:15 4 4 8 18:15 22 31 53 06:30 6 0 6 18:30 15 28 43 06:45 8 18 0 5 8 23 28:45 16 74 22 106 38 180 07:00 7 0 7 19:00 13 20 33 07:15 8 2 10 29:15 8 14 22 07:30 7 2 9 19:30 18 27 45 07:45 4 26 4 8 19:45 16 55 29 90 45 145 08:00 10 9 19 20:00 4 18 22 08:15 4 6 10 20:15 3 19 22 08:30 19 6 25 20:30 0 14 14 08:45 10 43 2 23 12 66 20:45 1 8 27 78 28 86 09:00 14 7 21 21:00 2 24 26 09:15 15 8 23 21:15 3 9 12 09:30 17 6 23 21:30 1 7 8 09:45 10 56 8 29 18 85 21:45 1 2 7 10 5 50 11 57 7 10:00 12 6 18 22:00 10:15 12 7 19 22:15 0 6 6 10:30 13 11 24 22:30 0 3 3 20:45 16 53 15 39 31 92 22:45 0 0 2 1 3 15 1 17 3 11:00 15 13 28 23:00 21:15 11 11 22 23:15 1 0 1 11:30 21 20 41 23:30 0 0 0 11:45 17 64 10 54 27 118 427 23:45 Totals 2 3 1 4 3 7 1412 Totals 66 161 653 Split % 62.3% 37.7% 23.2% Split % 46.2% 53.8% 76.8% Daily Totals Inbound Outbound Total 919 920 2839 AM Peak Hour 11:00 10:45 AM Peak Volume 64 59 AM Pk Hr Factor 0.762 0.738 10:45 PM Peak Hour 17:00 18:00 122 PM Peak Volume 115 106 0.744 I PM Pk Hr Factor 0.927 0.855 20-180 Attachment G Planning Commission Staff Report (September 4, 2025) (Attachments Omitted) 20-181 o. �WpOR CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT ' r September 4, 2025 CIFOR�P Agenda Item No.2 SUBJECT: Snug Harbor Surf Park (PA2024-0069) ■ General Plan Amendment ■ Major Site Development Review ■ Conditional Use Permit ■ Modification Permit ■ Environmental Impact Report (SCH No. 2024110238) SITE LOCATION: 3100 Irvine Avenue APPLICANT: Back Bay Barrels, LLC OWNER: Newport Golf Club, LLC PLANNER: Joselyn Perez, Senior Planner 949-644-3312, jperez(a�newportbeachca.gov PROJECT SUMMARY A request to redevelop the central portion of the privately owned and operated Newport Beach Golf Course (NBGC). The existing driving range, putting green, pro shop, restaurant and bar, and three holes of golf would be removed and replaced with a new surf -focused outdoor commercial recreation use (i.e., a "surf park"). The site would be improved with approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, a spa, restrooms, landscaping, and 351 surface parking spaces. The proposed hours of operation for the surf park are from 6 a.m. to 11 p.m., daily. The project includes the construction of a new three-story amenity clubhouse building and a two-story athlete accommodation building with 20 rooms. As golf operations are proposed to continue, existing access would be maintained to the NBGC holes identified as the "front six" and the "back nine." Although the proposed surf park is consistent with the current Parks and Recreation (PR) designation of the General Plan Land Use Element, the project requires a general plan amendment to increase the development limit of Anomaly Number 58, as identified in Table LU2 of the Land Use Element. Project implementation also requires a major site development review to construct a nonresidential building larger than 20,000 square feet, a conditional use permit to: (1) allow the operation of an outdoor commercial recreation use; (2) authorize alcohol sales within the amenity clubhouse and throughout the grounds of the surfing lagoon; (3) establish the appropriate parking rate; and (4) allow the construction of buildings taller than 18 feet, a modification permit to allow for the construction of retaining walls taller than 8 feet, and an environmental impact report to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals. 2(�-i82 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 2 RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Resolution No. PC2025-018 recommending the City Council take the following actions: a. Certify the Environmental Impact Report filed as State Clearinghouse Number 2024110238;and b. Approve the General Plan Amendment, Major Site Development Review, Conditional Use Permit, and Modification Permit filed as PA2024-0069 (Attachment No. PC 1). (Intentionally left blank) 202-183 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 3 VICINITY MAP 4 j s GENERAL PLAN ZONING SC ♦y f e �O ,,p �l ,2 0 Sq A, OJ ° �J 9Q oo ry A ry {• 5400 � ♦! P SP- b Q CSC . QP qA OS y o' hQ SA) oq ; 6Q Sq S'V Sq h .y I J/ QF P . 9ry � ••Q Q^ LOCATION GENERAL PLAN ZONING CURRENT USE Santa Ana Heights Specific Newport Beach Golf Course ON -SITE Parks and Recreation (PR) Plan (SP-7); Open Space (driving range, putting green, 3 and Recreation (OSR) holes, restaurant and bar, ro-sho NORTH General Commercial Office(CO-G SP-7; Professional and Administrative Office PA The Jetty commercial center SOUTH PR SP-7/OSR 6 holes of the NBGC holes 3-8 EAST I Public Facilities (PF), CO-G FSP-7; Business Park (BP) Fire Station No. 7, multi -tenant office buildings SP-7; Residential Multiple "Newport Multiple Residential (RM), Family (RMF), Bay Terrace" apartment "The WEST Unincorporated Orange County Unincorporated Orange complex, Ranch" retail shopping center g Countypp 26?-'184 2-i185 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 4 INTRODUCTION Project Setting As shown in Figure 1 below, the Newport Beach Golf Course (hereafter "NBGC") is separated into three physically distinct land areas: the northern, central, and southern portions. The northern portion is mostly located outside Newport Beach's boundaries and is owned by the County of Orange. The central and southern portions are owned by Newport Golf Club, LLC. The NBGC is not a City -owned or City -operated golf course. The project is proposed at the central portion, located east of the intersection of Mesa Drive and Irvine Avenue and addressed as 3100 Irvine Avenue (Site). ^` John Wayne Airport • f ` 7V } 4 x C A'�~ ;. f Central Portion , (Project Site) t '• ,/ df yr � f l" t Figure 1, Extent of NBGC with project site outlined in red The Site is located within an urban area that is considerably developed. Beginning to the north of the Site and moving clockwise, surrounding land uses include the "The Jetty" commercial center, holes 10-18 of the NBGC, multi -tenant office buildings, Newport Beach Fire Station No. 7, holes 3-8 of the NBGC, "The Ranch" retail shopping center, and multi -family residential. The Santa Ana Delhi Channel is located along the northwesterly Site boundary. The Site is categorized as Parks and Recreation (PR) by the Land Use Element of the General Plan and is zoned Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR). 2P186 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 5 The Site is currently developed with a 38-bay, partially covered, synthetic turf driving range, a 1,050-square-foot putting green, a one-story 8,975-square-foot clubhouse building, and three holes of the NBGC (holes 1, 2, and 9). The existing clubhouse includes a pro shop and a restaurant that seats 233 people, and a surface parking lot with 280 parking spaces. Project Description Back Bay Barrels, LLC (Applicant) proposes to remove all existing improvements to allow for the redevelopment of the Site into a new surf -focused outdoor commercial recreation use (i.e., a "surf park"). The Site would be improved with approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spa, restrooms, and landscaping. The surf lagoon will be divided into two 5.1-million-gallon basins that would be hydrologically separated by wave making equipment forming a heart -shaped surf lagoon that would be up to 13 feet deep. The wave machinery would bisect the two basins and be located within a 40-foot-wide by 350-foot-long above- and below -grade continuous footing structure. The wave generating machinery, manufactured by the Wavegarden company, will use motorized mechanical paddles to create controllable and consistent waves. The lagoon would be heated and lit for evening use by 71-foot-high light poles with full cut-off lights focused downward. Additional lagoon equipment, such as the heating equipment and storage areas, would be approximately 15 feet high and would be located northeast of the lagoon, near the northern parking lot. As part of its operation as an amenity to locals and a regional destination for visitors, the surf park is anticipated to host approximately 12 surf events or competitions per year. The special events would be ticketed events, similar in scale to other local sporting events. Regular hours of operations for the surf park are proposed from 6 a.m. to 11 p.m., daily. Supporting on -site improvements include the construction of a new three-story, 50-foot tall, amenity clubhouse which would provide a reception and lobby area, surf academy, fitness facility, yoga center, administrative offices, locker rooms, retail space, a restaurant, viewing suites, and a coffee and snack bar. Alcohol service would be provided within the clubhouse and throughout the grounds through Type 47 (On -Sale General - Eating Place), Type 58 (Caterer License), and Type 68 (Portable Bar) Alcohol Beverage Control (ABC) Licenses. The basement level would provide space for golf cart storage, along with surfboard storage, facility storage, and mechanical equipment. The project also includes a two-story, 40-foot-tall athlete accommodation building with 20 rooms. In total, the project would construct approximately 79,533 square feet of area, however 19,761 square feet is excluded from the total development limit of the site as incidental building areas consistent with Table LU1 (Land Use Plan Categories) of the General Plan for properties categorized as Parks and Recreation. The surf park is proposed to be served by 351 parking spaces within two surface lots that are partially covered by 14-foot- to 18-foot-high solar canopies. These canopies, in 22187 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 6 conjunction with solar panels atop the surf park buildings, will provide onsite renewable energy to help offset the energy required to power its operations. The project includes a robust open space and landscaping plan with roughly 20% of the total site, or 143,844 square feet, planted with drought tolerant ornamental landscaping. Nearly 35% of the site, or 235,650 square feet, will be provided as open space. Also included in the project is the relocation of an existing, undersized driveway on Mesa Drive, roadway striping, and a sewer line upgrade and relocation. An artistic rendering of the surf park is provided in Figure 2 below to depict the context and several details discussed above. Figure 2, A birds -eye view project rendering, looking south The NBGC currently operates pursuant to Use Permit No. UP1594, which will remain in full force and effect as part of the project. The Applicant proposes to accommodate both parking and staging for golf and the project will retain existing access to the NBGC holes 10 through 18 (i.e., the "back nine") and 3 through 8 (i.e., the "front six") with modified operations on the Site. Importantly, access would be maintained both during construction and operation of the project, such that there should be limited to no lapses in the availability of golf. The Applicant's project description is included as Attachment No. PC 2 (Applicant's Project Description). For the Applicant to be granted entitlement to implement the project, the Planning Commission must make a favorable recommendation to the City Council regarding the following requests: 2W188 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 7 • General Plan Amendment (GPA): To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU2 of the General Plan Land Use Element; • Major Site Development Review (SDR): To construct a nonresidential building larger than 20,000 square feet; • Conditional Use Permit (CUP): To allow the operation of an outdoor commercial recreation use, to authorize alcohol sales within the amenity clubhouse and throughout the grounds of the surfing lagoon, to establish the appropriate parking rate, and to allow the construction of buildings taller than 18 feet; • Modification Permit (MOD): To allow for the construction of retaining walls taller than 8 feet; and • Environmental Impact Report (EIR): To address reasonably foreseeable environmental impacts resulting from legislative and project specific discretionary approvals. For this staff report, the above description is simply identified collectively as the "Project." DISCUSSION Analysis General Plan and Requested Amendment The Site is identified as Parks and Recreation (PR) by the General Plan Land Use Element. As identified in Table LU1, "the PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities." It is also identified in Table LU 2 as Anomaly Number 58, which has a corresponding development limit of 20,000 square feet. While the Project is fully consistent with the intended development type described for the PR designation, it requires a GPA to increase the 20,000-square-foot development limit for Anomaly Number 58 by 39,772 square feet to 59,772 square feet'. The Site's PR designation will remain unchanged. 'The Project would construct approximately 79,533 square feet of area, however 19,761 square feet is excluded from the total development limit of the site as incidental building areas consistent with Table LU1 (Land Use Plan Categories) of the General Plan for properties designated as PR. Table LU1 exempts incidental buildings (e.g., maintenance equipment sheds, supply storage, and restrooms) and, on golf courses, support facilities for ground maintenance employees. Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 8 An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) nor the California Government Code Section 65000 et seq. set forth any required findings for either approval or denial of such amendments. However, the Project is consistent with and/or in furtherance of the following 76 General Plan policies, as listed in Table 1. Table 1, General Plan Policy Consistency Review Element Policy Land Use LU 1.6 (Public Views) LU 2.1 (Resident -Serving Land Uses) LU 2.2 (Sustainable and Complete Community) LU 2.5 (Visitor Serving Uses) LU 2.8 (Adequate Infrastructure) LU 3.1 (Neighborhoods, Districts, Corridors, and Open Spaces) LU 3.2 (Growth and Change) LU 3.3 (Opportunities for Change - Santa Ana Heights) LU 3.7 (Natural Resource and Hazardous Areas) LU 3.8 (Project Entitlement Review with Airport Land Use Commission) LU 4.1 (Land Use Diagram) LU 5.6.2 (Form and Environment) LU 5.6.3 Ambient Lighting) Historical HR 2.1 (New Development Activities) Resources HR 2.2 (Grading and Excavation Activities) HR 2.3 (Cultural Organizations) HR 2.4 (Paleontological or Archaeological Materials Circulation CE 2.2.1 (Safe Roadways) CE 7.1.1 (Vehicle Miles Traveled (VMT) Analysis) CE 7.1.2 (VMT Mitigation Measures) CE 7.1.5 (Support Facilities for Alternative Modes) CE 7.1.7 (Project Site Design Supporting Alternative Modes) CE 7.1.8 (Electric Vehicle (EV) Charging Stations) CE 9.1.10 Develo ment Requirements) Recreation R 1.12 (Aircraft Overflight and Noise) R 4.1 (Provision of Recreation Services) R 4.2 (Compatible Recreation Activities) R 4.3 (Variety of Programs) R 4.5 ariety of Adult Recreational Programs) Natural NR 1.1 (Water Conservation in New Development) Resources NR 1.2 (Use of Water Conserving Devices) NR 3.4 (Storm Drain Sewer System Permit) NR 3.5 (Natural Water Bodies) NR 3.9 (Water Quality Management Plan) NR 3.10 (Best Management Practices) NR 3.11 (Site Design and Source Control) NR 3.12 (Reduction of Infiltration) NR 3.14 (Runoff Reduction on Private Property) NR 3.16 (Siting of New Development) NR 3.17 (Parking Lots and Rights -of -Way) 20190 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 9 NR 3.19 (Natural Drainage Systems) NR 3.20 (Impervious Surfaces) NR 4.3 (Restore Natural Hydrologic Conditions) NR 4.4 (Erosion Minimization) NR 6.1 (Walkable Neighborhoods) NR 6.4 (Transportation Demand Management Ordinance) NR 7.2 (Source Emission Reduction Best Management Practices) NR 10.2 (Orange County Natural Communities Conservation Plan) NR 10.3 (Analysis of Environmental Study Areas) NR 10.4 (New Development Siting and Design) NR 10.5 (Development in Areas Containing Significant or Rare Biological Resources) NR 10.6 (Use of Buffers) NR 10.7 (Exterior Lighting) NR 18.1 (New Development) NR 18.3 (Potential for New Development to Impact Resources) NR 18.4 (Donation of Materials) NR 20.1 (Enhancement of Significant Resources) NR 20.2 (New Development Requirements) NR 20.4 (Public View Corridor Landscaping) NR 23.1 (Maintenance of Natural Topography) NR 23.7 (New Development Design and Siting) NR 24.2 (Energy -Efficient Design Features) NR 24.3 Incentives for Green Building Program Implementation) Safety S 4.7 (New Development) S 5.1 (New Development Design within 100-year Floodplains) S 5.2 (Facility Use or Storage of Hazardous Materials Standards) S 5.3 (Minimization of Flood Hazard Risk) S 7.1 (Known Areas of Contamination) S 7.2 (Development Design within Methane Gas Districts) S 7.4 (Implementation of Remediation Efforts) Noise N 1.1 (Noise Compatibility of New Development) N 1.7 (Commercial/ Entertainment Uses) N 1.8 (Significant Noise Impacts) N 4.2 (New Uses) N 4.6 (Maintenance of Construction Activities) N 5.1(Limiting Hours of Activity) A full General Plan consistency analysis, including complete policy language and justification, has been prepared for the Project and is available as Exhibit T" to the draft resolution (Attachment No. PC 1). Charter Section 423 (Measure S) Pursuant to City Charter Section 423 a reviewed to determine if a vote of the exceeds certain thresholds provided i id City Co electorate n Section uncil Policy A-18, proposed GPAs are would be required because a project 423 of the City Charter. GPAs are IP-191 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 10 reviewed separately and cumulatively with other projects in the same Statistical Area over the prior 10 years. The Site is within Statistical Area J-5. One GPA within Statistical Area J-5 has been approved within the last 10 years and continues to be tracked, as required by the provisions of Charter Section 423. Trip generation for the purpose of implementing the Charter Section was calculated using the blended rate for "public, semi-public, and institutional uses," as provided in City Council Policy A-18. Table 2 below illustrates the calculations to determine if a vote is required. Notably, none of the thresholds specified by Charter Section 423 are exceeded, therefore no vote of the electorate is required should the City Council choose to approve this GPA. Table 2, Charter Section 423 Analysis for Statistical Area J-5 Amendments Increased Density (DU) Increased Intensity (SF) Peak Hour Trip Increase A.M. P.M. PA2020-041 (Shvetz Residential Subdivision) 1 0 0.75 1.01 Total Prior Increases 1 0 0.75 1.01 80% of Prior Increases .8 0 0.60 .81 100% of Proposed Project PA2024-0069 0 39,772 59.66 59.66 Total .8 39,772 60.26 60.26 Threshold 100 40,000 100 100 Remaining j 99.2 228 39.74 39.74 Vote Required? I No No No No 2 Council Policy A-18 provides that a proposed amendment shall be added to 80% of previous amendments Tribal Consultation (Senate Bill 18 and Assembly Bill 52) The City requested a Sacred Lands File (SLF) search on May 31, 2024, for the Site from the Native American Heritage Commission (NAHC). On June 18, 2024, the NAHC responded that the findings of the search were positive and identified 20 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Bill 52, the City mailed notices regarding the Project to all the listed tribes. The City received responses from the Gabrielino Tongva Indians of California (Gabrielino Tongva) and the Gabrieleno Band of Mission Indians - Kizh Nation (Kizh Nation). The City engaged in a good faith effort for consultation with both tribes and both tribes requested monitoring for tribal resources during ground disturbances. During the consultation process, the Kizh Nation requested to be the sole onsite monitor and asserted that the Gabrielino Tongva have no direct historical, ancestral, or cultural ties to Newport Beach. However, the Gabrielino Tongva tribe provided the City with substantial evidence identifying that the Site is within their fi Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 11 Ancestral Tribal Territory and were also identified in the SLF search that the Site is within traditional lands or cultural places for the Gabrieleno Tongva. Therefore, the City as Lead Agency determined that the mitigation measures allowing for tribal monitors from both tribes should be incorporated into Mitigation Monitoring and Reporting Program (MMRP) for the Project. Zoning Code Consistency The Site is located within the Open Space and Recreation (OSR) District of the Santa Ana Heights Specific Plan (SP-7). The SP-7/OSR District allows for local and buffer greenbelts by right, public and private utility buildings and structures subject to the approval of a minor use permit, and golf courses and commercial recreation subject to the approval of a CUP. Subsection 20.90.050(E) (Site Development Standards) of the NBMC establishes minimum development standards for the Site as listed below in Table 3: Table 3, Site Development Standards Building Site Area One acre minimum Building Height 18 feet maximum, unless otherwise provided for by use permit Building Setbacks 20 feet minimum from all property lines Off -Street Parking Per Chapter 20.40 Lighting All lighting shall be designed and located so that direct light rays are confined to the premises The Project complies with the minimum building site area, required building setback, lighting standards, and is proposing a maximum building height of 50 feet above the existing grade for the amenity clubhouse and 40 feet above the existing grade for the visitor accommodation building. Existing grade for the purpose of measuring building height has been established pursuant to Section 20.30.050 (Grade Establishment) of the NBMC for properties where the slope of the lot is 5% or less. Parking for the Project was established in accordance with Chapter 20.40 (Off -Street Parking) of the NBMC. Furthermore, the Project proposes a trash enclosure consistent with section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the NBMC. Chapter 20.52 (Permit Review Procedures) of the NBMC provides that construction of a nonresidential building larger than 20,000 square feet in area requires approval of a major site development review. Additionally, approval of a conditional use permit is required to authorize the outdoor commercial recreation use, authorize alcohol sales, construct a building more than 18 feet in height, and to establish the required number of parking spaces, consistent with Table 3-10 (Off -Street Parking Requirements) of Chapter 20.40 (Off -Street Parking Requirements). Lastly, the Project proposes multiple retaining walls to create the building pad. While retaining walls along the westerly property line comply with the maximum 8 feet above finish 12 93 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 12 grade height limit, the retaining walls along the easterly property line exceed the limit, with heights ranging from 9 feet, 11 inches above finish grade to 16 feet above finish grade and require the approval of a modification permit. While a modification permit is typically heard by the Zoning Administrator, Section 20.50.30 (Multiple Permit Applications) of the NBMC requires that multiple applications for the same project be processed concurrently and be reviewed and approved, modified, or denied by the highest review authority, which in this case is the City Council. Major Site Development Review Findings Section 20.52.080(F) (Site Development Review, Findings and Decision) of the NBMC requires the Planning Commission to make the following findings to recommend approving the SDR: A. The proposed development is allowed within the subject zoning district, B. The proposed development is in compliance with all of the following applicable criteria: i. 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); and C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. The proposed development complies with the applicable provisions of the General Plan, Zoning Code, and the Santa Ana Heights Specific Plan, while promoting efficient and thoughtful site planning and design. The Project introduces an outdoor commercial recreational use consistent with the Site's PR designation and furthers numerous General Plan goals and policies, as previously discussed. Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 13 The architectural style of the Project is a contemporary interpretation of Southern California's surf and beach culture, expressed through low -profile forms and natural materials. The material palette includes horizontal wood siding, exposed mass timber, architectural concrete, dark bronze metal accents, and glass. The proposed color palette includes earth tones such as driftwood browns, soft greys, sandy beige, and weathered whites. They are designed to blend into the environment and soften the built form against the natural backdrop. It incorporates harmonious building placement and a cohesive architectural theme, with curved structures that mirror the form of the surf lagoon, creating an integrated layout that minimizes conflicts with surrounding uses. Specific examples of intentional design include siting the clubhouse in a location that will help to shield any noise generated by the Project from the multi -family residential development located across Irvine Avenue. The Project demonstrates compatibility with surrounding development in terms of bulk, scale, and visual character. Although it introduces more urbanized features compared to the current condition, it remains in scale with nearby commercial structures, which include multi -story commercial office buildings, and is designed to minimize public view impacts. Lighting, noise, and structural mass are managed through setbacks, landscape screening, and strategic orientation. The surf lagoon and supporting buildings are designed with water -efficient landscaping, efficient irrigation systems, and extensive open space totaling over 235,000 square feet, contributing to the Site's environmental performance. Access and circulation are also thoughtfully designed, with driveways configured to ensure safe ingress and egress, queuing controls, and clear separation of surf park and golf course operations. Vehicular access from Irvine Avenue will be provided via a right -turn -in, left -turn -in, and right -turn -out only driveway. Vehicular access from Mesa Drive via the relocated driveway will be restricted pursuant to Condition of Approval No. 90 to a right -turn -in and right -turn -out only configuration to help prevent conflicts with motorists queuing to turn left at the nearby signalized intersection. The Project preserves key components of the existing NBGC and integrates them into the new development through shared infrastructure and facilities, maintaining recreational continuity during both construction and operation of the Project. Figure 3 below shows temporary access to the NBGC course during construction. Access to the remaining portions of golf during operation of the completed Project will be provided in an arrangement similar to the temporary access. 12-01195 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 14 Pelh a Travel (.miing) Petri&Tmvd Wrier street (e,deling) Existing mndi[on w remain Pstrr of Travel �---� t=xierig wna�mn w remain 00 ■ Path & Travel (PmPosed) ■ Northern Portion Temporary Reevoom (Back Nine) s scene 6 o Q o EnLry Southern Portion B Tempryn oraParking (Front Six) Existing mndrb- Irrine Aven W remain E Wing-ndlrlon l t:—ain � �• Figure 3, A conceptual plan showing the temporary layout with golf cart access shown in pink Lastly, the Project is designed to protect any significant views from public rights -of -way in compliance with Section 20.30.100 (Public View Protection) of the NBMC. All development within the Site would be set back from adjacent streets and would not encroach on existing public views along the roadway corridors adjacent to the site. The closest designated public viewpoint is approximately 0.3-mile southwest of the Site, along Irvine Avenue and south of University Drive. The viewpoint provides views of the Upper Newport Bay Preserve. Bayview Park, adjacent to Upper Newport Bay Preserve, is also designated as a public viewpoint. As shown below in Figure 4, the Site is located northwest of these points not within the coastal scenic viewshed from either of these viewpoints. Therefore, the Project does not have the potential to obstruct public viewpoints or corridors, as identified on General Plan Figure NR 3 (Coastal Views). (Intentionally left blank) 196 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 15 ► - - - SAN OlEGO CREEK r UPPER , — r NEWPORT P / BAY l • J I / / s � � 4ti r Figure 4: Map of designated viewpoints, from the Natural Resources element of the General Plan The Project's compatibility with surrounding uses is discussed in greater detail under the "Conditional Use Permit Findings" header below. Alcohol Sales Findings The Applicant requests Type 47 (On -Sale General - Eating Place), Type 58 (Caterer License), and Type 68 (Portable Bar) ABC licenses in conjunction with the on -site amenities that are incidental to the surf park. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.030 (Alcohol Sales) of the NBMC requires the Planning Commission to consider impacts to adjacent uses and proximity to existing alcohol sales, both for on -site and off -site consumption. With its review, the Planning Commission must find that: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. The purpose and intent of Section 20.48.030 is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. The Project has been reviewed by the Newport Beach Police Department (NBPD) and conditioned to ensure that the purpose and intent of this Section is maintained and that a healthy environment for all residents and ��2197 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 16 businesses is preserved. The Project will have alcohol service within the amenity clubhouse and throughout the grounds of the surfing lagoon. Alcohol service within the grounds will primarily be provided for the convenience of surf park patrons. While the restaurant and bar will generate some independent demand as discussed in the parking section below, the surf lagoon is the primary feature of the Project. Live entertainment and dancing are not proposed as part of the regular operations of the restaurant. If the Applicant seeks to extend restaurant hours beyond 11 p.m., include live entertainment or dancing as part of regular operations, or seek additional ABC licenses (such a Type 48 (On -Sale General — Public Premises), a subsequent CUP will be required. An Operator License from the NBPD in accordance with Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of the NBMC may also be required. For this analysis, the NBPD prepared a Crime and Alcohol Related Statistics Report using the latest available data (2024) and a memorandum for the Project (Attachment No. PC 3). The data is incorporated into the factors for consideration in the draft Resolution (Attachment No. PC 1). Operational conditions of approval were recommended by the NBPD relative to the sale and service of alcoholic beverages and have all been incorporated in Exhibit "G" of the draft Resolution. These Conditions of Approval will help to ensure compatibility with surrounding uses to minimize alcohol -related impacts. Parking Requirement Chapter 20.40 (Off -Street Parking) of the NBMC does not provide a specific parking requirement for outdoor recreational uses and instead requires the parking requirement to be studied and established by a use permit. To determine an appropriate parking rate, a parking demand analysis (Parking Analysis) was prepared for the Project by Gibson Transportation Consulting, Inc., dated July 14, 2025, and is available as Attachment No. PC 4 (Gibson Parking Analysis). The Parking Analysis uses detailed programmatic attendance information and operational modeling data prepared by Wavegarden, who operates surf park facilities around the globe. The parking requirement developed for the surf lagoon and associated amenities are based on the projected attendance levels, corresponding employee estimates and operational parameters, and associated average vehicle ridership (AVR) ratios. The Parking Analysis was reviewed and accepted by the City Traffic Engineer. \/icitnrc The anticipated number of visitors expected during a typical high season weekday are summarized below in Table 4. Attendance levels for the high season weekend activity were initially considered for this assessment, but the associated weekend AVR ratios effectively resulted in the high season weekday activity analysis being the more conservative of the two scenarios. -2Y198 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 17 Table 4, Projected Attendance Levels Surf Lagoon 700 daily visitors Surf Academy 140 daily visitors Restaurant 280 daily visitors Shops 70 daily visitors Fitness/Yoga Facilities 210 daily visitors Total 1,400 visitors per day The modeling data estimates a maximum of 388 visitors will be onsite at any given time. The Parking Analysis assumes that two visitors will arrive per vehicle, resulting in a parking requirement for visitors of 194 spaces. Employees The Project will employ 70 employees, however only 35 employees are estimated to be onsite at any given time. The Parking Analysis assumes that each employee will arrive in their own vehicle, resulting in a parking requirement for employees of 35 spaces. Golf The Parking Analysis uses Parking Generation, 6th Edition (Institute of Transportation Engineers, 2023) to estimate the parking demand of the remaining holes of golf, as golf patrons will park on the Site. The remaining 15 holes of golf have a parking requirement of 95 spaces. Total Parking Demand Cumulatively, the total estimated parking demand for the Project is 324 spaces. It is worth noting that the Parking Analysis is conservative in that it did not consider the use of alternative transportation modes (e.g., public transit, rideshare, bike, walk, etc.) and the parking demand estimates assume that 100% of the visitors and employees would travel to and from the Site via automobile. Even without the use of alternative transportation, the Project's proposed 351 parking spaces will provide a 27-space surplus. While the Project does not rely on valet parking to establish or satisfy parking requirements, the Parking Analysis did provide an operational plan for the use of valet which could be enacted during periods of heavier demand; special events, for example. Pursuant to Condition of Approval No. 94, a final parking management plan will be reviewed and approved by the City to ensure voluntary valet operations and internal gate operations can be fully accommodated onsite and in accordance with City standards. Conditions of Approval Nos. 10, 11, 12, 13, and 94 have been incorporated into Exhibit "G" of the draft Resolution to regulate the number of available parking spaces, employee � -'199 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 18 parking, and parking management if demand exceeds the estimates of the Parking Analysis. Collectively, these Conditions of Approval will help to ensure the Project's operations are contained on the Site while giving the City tools to reevaluate in the future should the need arise. Traffic Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC provides a framework for analyzing and evaluating the traffic impacts of projects that generate 300 or more new average daily trips (ADTs). To determine whether the Project generates 300 or more new ADTs and if a Traffic Impact Analysis (TIA) would be required, a trip generation analysis (Trip Generation) was prepared by Gibson Transportation Consulting, Inc, dated March 4, 2025, and is provided as Attachment No. PC 5 (Gibson Trip Generation). Gibson estimated the ADTs for the surf lagoon and ancillary amenities on the same projected attendance and operational characteristics described in the parking section above. The Trip Generation includes the ADTs from retaining 15 holes of golf when estimating the ADTs for the Project. The Project is anticipated to generate 1,996 ADTs. Using the Trip Generation Manual, 11th Edition (Institute of Transportation Engineers, 2021), the current configuration of the NBGC is estimated to have 1,810 ADTs. The Project will generate 186 net new ADTs and is under the 300 new ADT threshold that would require a TIA be prepared. The Trip Generation was reviewed and accepted by the City Traffic Engineer. Conditional Use Permit Findings Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the Planning Commission must consider following findings to recommend approval the CUP: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise • Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 19 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Project is consistent with the General Plan, Santa Ana Heights Specific Plan, Zoning Code and Municipal Code as discussed in the preceding sections titled General Plan and Requested Amendment and Zoning Code Consistency. The remaining findings to recommend approval of a CUP are primarily related to the Project's compatibility with the surrounding area and the Site's adequacy for the Project. Although these are detailed within Attachment No. PC 1 to this report, a compatibility summary is provided below. The Project proposes a 50-foot tall, amenity clubhouse and a 40-foot-tall visitor accommodations building. The buildings are ancillary to the surf lagoon and complete the visitor experience. While the Project would change the views of the Site from a golf course to a surf park, the buildings are setback from the public right-of-way, feature high quality materials and are intentionally designed, and the Project provides landscaping to enhance the visual quality of the surf park. Further, none of the proposed improvements will be taller than the existing net poles surrounding the NBGC. The driving range is surrounded by approximately 40 net poles that range in height from 25 to 80 feet, depending on location. Lastly, the proposed building heights are consistent with the nearby multi -tenant office buildings along Irvine Avenue and Birch Street. Specifically, the nearby office building at 3300 Irvine Avenue, approximately 400 feet to the northeast of the Site, which was recently approved pursuant to PA2024-0070 for a maximum building height of 41-feet, 6-inches above existing grade and architectural features up to 45 feet above existing grade. The Project will not appear out of place with the surrounding development. The existing Site features varying topography with the high point of the site occurs within the driving range, behind Fire Station No. 7 and slopes downward, toward the Santa Ana - Delhi Channel and Irvine Avenue beyond. The surfing lagoon elevation and the finish floor of the buildings were designed with a goal of balancing the Site and maintaining access to the adjacent public streets. The Project orientation and layout were intentionally designed in consideration of the airport safety zones described in the preceding section titled Project Setting. A Preliminary Water Quality Management Plan (WQMP) and a Preliminary Hydrology Report were prepared for the Project, both by Fuscoe Engineering, dated November 2024. The Project would maintain the existing drainage pattern and includes the installation of an onsite storm drainage system with four bioretention basins and an 18- inch storm drain to connect to the existing storm drain line. A Water Demand Report (December 2024) and a Sewer Analysis Report (January 2025), both prepared by Fuscoe Engineering and reviewed and accepted by the Utilities Department Director, concluded that the existing water and sewer infrastructure is adequate to serve the proposed Project, with no new water facilities required and sufficient sewer capacity to handle projected flows. The Project would be constructed according to Title 24 requirements of the 2022 California administrative code for water conservation and landscaping would be W-201 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 20 implemented throughout the Project site, including implementation of bioretention basins that would limit runoff. BMPs for stormwater management would also be implemented to direct stormwater into landscape areas to use for irrigation. Additionally, the Project includes periodic draining of on -site basins, one basin per year on a rotating basis, into the sewer system, which will be coordinated and permitted through the Costa Mesa Sanitary District (CMSD) pursuant to Condition of Approval No. 93 which should help ensure proper management of intermittent peak flows. The Site will be served by the Newport Beach Fire Department and the NBPD. The Project would not significantly increase the need for public services in the Project area, as fully demonstrated in the Public Services section of the DEIR. The Project proposes a maximum of 12 special events per year and anticipates the special events to be similar in nature to any local sporting event. Special events have been characterized as either a Level 1, 2, or 3 event depending on the duration of the event, number of attendees, and whether the event involves lane closures, traffic control, or City staff. The CUP authorizes a maximum of 12 Level 2 or Level 3 events per year and requires quarterly reporting on the events. The full list of conditions of approval for special events is provided as Conditions 129 through 146 in Exhibit "G" in the draft Resolution. A Noise Analysis for the construction and operation of the Project was prepared by Urban Crossroads, dated May 15, 2025, as part of the DEIR. Project operation would generate onsite noise from typical commercial activity such as roof -top air conditioning units, parking lot activity, trash enclosure, loading of trucks for operational services, and also the wave making equipment. Additionally, the Project would include speakers located near the seating and surf lagoon areas. The Project proposes ceasing use of the speakers by 10 p.m. and is conditioned accordingly. The noise analysis and the DEIR ultimately concluded that the Project would achieve compliance with the City's noise standards and would not have noise impacts on sensitive receptors near the Site. Project construction presents an opportunity to temporarily impact nearby persons residing or working in the neighborhood. Construction would take approximately 18 months and includes demolition, site preparation, grading, installation of infrastructure and utilities, followed by building construction, pavement, and then architectural coatings. As required by Condition of Approval No. 86, a construction management plan will be implemented to reduce construction -related disruptions. The Project has been reviewed and conditioned by all relevant City departments, including the NBPD and the City Traffic Engineer to help ensure compatibility with the allowed uses within the vicinity, including the mix of residential densities and commercial uses, and that operation of the use would not be a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. ;V--202 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 21 Modification Permit Findings Pursuant to Section 20.52.050 (E) (Modification Permits) of the NBMC, the Planning Commission must make the following findings to approve a modification permit: A. The requested modification will be compatible with existing development in the neighborhood, B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use; C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; D. There are no alternatives to the modification permit that could provide similar benefits to the Applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code; The Site features a significant grade differential of approximately 33 feet from the high point behind Fire Station No. 7 to the centerline of Irvine Avenue. To respond to these elevation changes, the Project includes a series of retaining walls, some exceeding 8-foot height limit, with a maximum exposed height of 16.4 feet above finish grade, plus a 6-foot security fence above. These walls are located along the southern and western boundaries of the surfing lagoon, areas where elevation changes are most pronounced and are designed pursuant to the Geotechnical Exploration prepared by Carl Kim Geotechnical, Inc., dated July 19, 2024. Retaining walls are a common feature in the surrounding area, which includes other elevated building pads, such as The Ranch commercial center and nearby apartment complex. The tallest walls are set back, behind the Delhi Channel, and far from the centerline of Irvine Avenue. The walls are screened with landscaping, minimizing visibility and ensuring compatibility with neighborhood character. Figure 5 and 6 below provide views of the existing condition and the taller retaining walls. Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 22 Figure 5: Existing and proposed, as seen from the southwest corner of Irvine Avenue and Mesa Drive. Figure 6: Existing and proposed, as seen from Irvine Avenue, near The Jetty commercial center Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 23 Terraced walls, which achieve compliance with height limits, have been incorporated where feasible; however full terracing consistent with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC would significantly reduce usable site area and would impact the Project's viability. Furthermore, the basins design and placement are specific to not put any lateral pressure on the Delhi channel. No feasible alternatives exist that would meet grading and access requirements while achieving compliance with the 8-foot maximum. Wall heights and section views are available in the Project Plans which are provided as Attachment No. PC 6 (Project Plans). Local Coastal Plan The Site is not located within the Coastal Zone but is immediately adjacent to its boundary, which occurs at the inland extend of the Mesa Drive right-of-way. The Project proposes three improvements within the Mesa Drive right-of-way: (1) the relocation of an existing driveway; (2) roadway striping (i.e., paint); and (3) utility upgrades. These activities are exempt from obtaining a Coastal Development Permit (CDP) pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of the NBMC and do not require a CDP. As part of the Project review, City staff communicated this determination to the California Coastal Commission staff and received their concurrence. Environmental Review In accordance with the California Environmental Quality Act (CEQA) and City Council Policy K-3, a Draft EIR referenced as State Clearinghouse No. 2024110238 (DEIR) was prepared for the Project by the City's consultant Environment Planning Development Solutions, Inc., dba EPD Solutions. Notice of Preparation Pursuant to the requirements of CEQA, a Notice of Preparation (NOP) for the DEIR was distributed for a 30-day reviewing period from November 7, 2024, through December 6, 2024. The NOP was submitted to the State Clearinghouse (SCH) within the Governor's Office of Land Use and Climate Innovation (formerly Office of Planning & Research (OPR)), County Clerk, responsible and trustee agencies, county and cities bordering the site, adjacent properties, and organizations and individuals that have requested notification. In addition, the NOP was posted on the Project site, on the City's website, at City Hall, and at City libraries. The City emailed a "News Splash" to alert interested parties of the postings and mentioned the NOP in the City Manager's weekly newsletter known as the "Week in Review". A public scoping meeting was held on November 20, 2024, at 6 p.m. in the Community Room at City Hall. Members of the public and public agencies were able to provide input on the scope and content of the DEIR at the scoping meeting. All comments received in ;6�205 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 24 response to the NOP and at the Scoping Meeting are catalogued and provided in the DEIR. The DEIR and appendices are provided in the draft resolution as Exhibit "B". Draft EIR (DEIR) The DEIR evaluated the environmental effects that could arise from the construction and operation of the Project. During the preparation of DEIR, the Project was determined to have no potential to result in significant impacts under four CEQA topics: agriculture and forestry resources, mineral resources, population and housing, and wildfire. Therefore, these issue areas were not required to be analyzed in detail in DEIR. The DEIR analyzed the following CEQA topics in detail: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use, Noise, Public Services, Parks and Recreation, Transportation, Tribal Cultural Resources, and Utilities. Of these topics, Mitigation Measures were required for: Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, and Tribal Cultural Resources. The required mitigation measures and parties responsible for implementation of the measures are described in the Mitigation Monitoring and Reporting Program (MMRP) which is provided as Attachment No. PC 7 (Mitigation Monitoring and Reporting Program) and as Exhibit "D" in the draft resolution. The Project satisfied the requirements of AB 52 to consider Tribal Cultural Resources by requesting consultation in a combined fashion with the SB 18 consultation request described earlier in the report. The DEIR found that there would be no significant and unavoidable impacts resulting from the project, with the appropriate mitigation measures included in the MMRP. A Notice of Availability of the DEIR was circulated similarly to the NOP released for a 45- day public review and comment period beginning on May 23, 2025, and ending on July 7, 2025. 126 comments were received and are responded to in the Response to Comments, which is provided in the draft resolution as Exhibit C. Final EIR The City Council will need to consider and certify the Final EIR when considering the project. The Final EIR will include an Introduction, Response to Comments, Revisions to the DEIR, and the MMRP. Other Corresaondence Since the initial application filing in April, 2024, City staff has received multiple calls and emails regarding the Project. The received correspondence varied from inquiries on �206 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 25 Project status, Project components, business opportunities, to the merits of the Project. Individuals who contacted staff outside of designated public comment periods were offered information on the Project and/or asked if they wished to be added to the Interested Parties List to receive future notifications and updates. Correspondence received since the publication of the notice of public hearing but prior to finalizing the staff report are provided as Attachment PC No. 8 (Correspondence in Response to Public Hearing Notice). Public Meetings and Hearings to Date Specific aspects of the Project and items related to the Project have been considered prior to this meeting. As previously mentioned, the Project required the preparation of an EIR. On August 27, 2024, the City Council authorized the City to enter into an agreement with EPD Solutions for the preparation of an EIR. While the contract amount was paid by the Applicant, due to the overall value of the Professional Services Agreement, the contract required approval from the City Council to execute. After the DEIR was prepared by EPD Solutions and released for public comment, the Project was presented to the Planning Commission for a study session held on June 19, 2025. The study session provided an opportunity for the Planning Commission to review preliminary details and provide initial input. Commissioners requested enhancements to the plan set, additional information on the type of wave -making equipment to be used and type of ABC licenses to be obtained, clarity on the golf cart pathway, and respecting sightlines. Minutes from the June 19, 2025, Planning Commission Meeting are provided as Attachment No. PC 9 (Planning Commission Meeting Minutes, June 19 20205). Airport Land Use Commission The Site is located approximately 0.4-miles southwest of John Wayne Airport and within the notification area. Pursuant to the John Wayne Airport Environs Land Use Plan (AELUP), the Site is trisected by Safety Zone 2 (Inner Approach/Departure Zone), Safety Zone 4 (Outer Approach/Departure Zone), and Safety Zone 6 (Traffic Pattern Zone) for the RW2L20R runway that is used by commercial aircraft. Most of the Site is located within the 65 dB Community Noise Equivalent Level (CNEL) contour pursuant to the 1985 Airport Master Plan Noise Contours and the northeast corner is located within the 70 dB CNEL contour. However, based on the noise contours the City adopted in 2023, and contained in 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617, the Site is located within the 65 dB CNEL contour, with the southwest corner in the 60 dB CNEL. As the Project includes a GPA, the Project requires review by Orange County Airport Land Use Commission (ALUC) for consistency with the AELUP. The City referred the matter to ALUC on June 13, 2025, and the Project was heard on August 7, 2025. By a ��-207 Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 26 vote of 5 ayes, 1 no, ALUC found the Project is inconsistent with the AELUP. ALUC's staff report and final determination letter are included as Attachment Nos. PC 10 (ALUC Staff Report, August 7, 2025) and) PC 11 (ALUC Determination Letter). Staff believes the Project is consistent with the AELUP, as the Project is designed with the safety zones in mind and strategically places components (i.e., the lagoon, the amenity clubhouse, and visitor accommodation building) into the appropriate safety zones. Additionally, the Project does not propose structure or light standards at a height that would be considered a hazard to navigation by the Federal Aviation Administration. The City Council will be considering the issuance of a Notice of Intent to override ALUC's determination at its September 9, 2025, meeting. Summary If approved, the Project would allow for the construction and operation of a new surf - focused outdoor commercial recreation use. The surf park would provide approximately five acres of surf lagoons along with an amenity clubhouse building and 20-room visitor accommodations building. The facility would be open from 6 a.m. to 11 p.m., daily and would host up to 12 special events per year. The Project would support the continued operation of the NBGC on the northern and southern portions through providing access, as well as a golf starter shack, golf cart storage, and parking for golf course customers. Staff believes the project is consistent with Title 20 (Planning and Zoning) of the NBMC and the General Plan, as amended, as discussed in the analysis above. As evidenced in the draft Resolution provided as Attachment No. PC 1, all required findings have been substantiated with facts in support of each. Appropriate conditions of approval have also been included, which will help to ensure the Project maintains compatibility and is harmonious with the surrounding area. Alternatives Should the Planning Commission determine the required findings cannot be made as presented, then the Planning Commission may: Suggest specific changes that are necessary to alleviate concerns such as abrupt changes in scale, blending, screening, or project compatibility with the area. If the requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions after the Applicant has an opportunity to revise the Project accordingly; or 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval and a denial action is more appropriate, the Planning Commission could recommend denial of the application to the City Council. �Y20s Snug Harbor Surf Park (PA2024-0069) Planning Commission, September 4, 2025 Page 27 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the notice of hearing was emailed to the list of interested parties who had requested notice. Lastly, item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. The City emailed a the notice of hearing to interested parties that had requested notification. Prepared by: Submitted by: Jose yn Perez Jays Murillo, AICP Senior Planner Deputy Community Development Director BMZfjp ATTACHMENTS PC 1 Draft Resolution PC 2 Applicant's Project Description PC 3 Police Department Memorandum PC 4 Gibson Parking Analysis PC 5 Gibson Trip Generation PC 6 Project Plans PC 7 Mitigation Monitoring and Reporting Program PC 8 Correspondence in Response to Public Hearing Notice PC 9 Planning Commission Meeting Minutes, June 19 20205 PC 10 ALUC Staff Report, August 7, 2025 PC 11 ALUC Determination Letter 01 /18/23 Attachment H Planning Commission Meeting Minutes 20-210 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 4, 2025 REGULAR MEETING — 6:00 P.M. CALL TO ORDER - 6:00 p.m. PLEDGE OF ALLEGIANCE — Secretary Langford III. ROLL CALL PRESENT: Chair Tristan Harris, Vice Chair David Salene, Secretary Jonathan Langford, Commissioner Curtis Ellmore, Commissioner Michael Gazzano, Commissioner Greg Reed, Commissioner Mark Rosene ABSENT: None Staff Present: Acting Community Development Director Jaime Murillo, Principal Civil Engineer Kevin Riley, Assistant City Attorney Yolanda Summerhill, Civilian Investigator Wendy Joe, Senior Planner Joselyn Perez, Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS — None V. REQUEST FOR CONTINUANCES — None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 21, 2025 Recommended Action: Approve and file. Chair Harris opened public comment. There were none. Motion made by Commissioner Ellmore and seconded by Commissioner Reed to approve the meeting minutes of August 21, 2025, as amended. AYES: Ellmore, Gazzano, Langford, Reed, and Salene NOES: None ABSTAIN: Harris, Rosene ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 SNUG HARBOR SURF PARK (PA2024-0069) Site Location: 3100 Irvine Avenue Summary: A request to redevelop the central 15.38-acre parcel of the privately owned Newport Beach Golf Course. The existing driving range and putting green, pro -shop, restaurant and bar, and three holes of golf would be removed and replaced with a new surf -focused outdoor commercial recreation use (i.e., a surf park). The site would be improved with approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, a spa, restrooms, landscaping, and 351 surface parking spaces. The proposed hours for the surf park are from 6:00 a.m. to 11:00 p.m., daily. The project includes the construction of a new three- story amenity clubhouse which would provide a reception and lobby area, surf academy, 20-211 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 fitness facility, yoga center, administrative offices, locker rooms, retail space, a restaurant, viewing suites, and a coffee and snack bar. The basement level would provide space for golf cart storage, surfboard storage, facility storage, mechanical equipment, and staff area. The project also includes a two-story athlete accommodation building with 20 rooms. In total, the project would provide approximately 79,533 square feet of building area, however 19,761 square feet is excluded from the total development limit of the site as incidental building area consistent with Table LU1 (Land Use Plan Categories) of the General Plan for properties categorized as Parks and Recreation. As golf operations are proposed to continue, existing access would be maintained to the golf course holes identified as the front six and the back nine. To implement the project, the Planning Commission will consider making a recommendation to the City Council regarding the following: • General Plan Amendment: To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU2 of the General Plan Land Use Element. • Major Site Development Review: To construct a nonresidential building larger than 20,000 square feet. • Conditional Use Permit: To allow the operation of an outdoor commercial recreation use, to authorize alcohol sales within the amenity clubhouse and throughout the grounds of the surfing lagoon, to establish the appropriate parking rate, and to allow the construction of buildings taller than 18 feet. • Modification Permit: To allow for the construction of retaining walls taller than 8 feet. Recommended Actions: 1. Conduct a public hearing; 2. Adopt Resolution No. PC2025-018 recommending the City Council take the following actions: a. Certify the Environmental Impact Report filed as State Clearinghouse Number 2024110238;and b. Approve the General Plan Amendment, Major Site Development Review, Conditional Use Permit, and Modification Permit filed as PA2024-0069. Secretary Langford recused from the item because the parcel is partially owned by his employer. Senior Planner Joselyn Perez used a PowerPoint Presentation to present the project location, zoning and surrounding land uses, existing site conditions, a project description, ownership of the distinct property areas, clarifying there is no action proposed to either the northern or southern portions of the Newport Beach Golf Course (NBGC) and summarized the required approvals to implement the project and the environmental review process. She concluded the presentation by summarizing the project and mentioned the public comments received in support and in opposition of the project. In response to Commissioner Reed's inquiry, Senior Planner Perez confirmed that there is landscaping proposed to help soften the walls over eight feet tall. In response to Commissioner Gazzano's inquiry, Senior Planner Perez confirmed that the parking rate terminology in the CUP refers to the amount of parking spaces required and not the cost of parking for patrons. 20-212 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 In response to Commissioner Rosene's inquiry, Senior Planner Perez deferred questions about the lease to the applicant. In response to Chair Harris' inquiries, Senior Planner Perez clarified that the golf cart path meanders, with some of it being within the project site. She confirmed that the applicant would have better insight into some of the cart path's nuances. She confirmed that no changes have been made to the retaining walls along Mesa Drive since the Planning Commission's June 191h Study Session on this project. She deferred to the applicant regarding how the parking areas would be divided with golfers. In response to Chair Harris' inquiry, all Commissioners disclosed ex Parte communications with the applicant and their representatives. Chair Harris opened the public hearing. CAA Planning, Inc. Chief Executive Officer Shawna Schaffner, speaking for the applicant, reported on the vision for the project to provide an innovative, world -class, full -service, year-round outdoor recreational opportunity to serve a wide range of guests by increasing access to surf for riders of all levels. She noted that golf operations will continue while the project will maintain consistency with SP-7, maximize solar power, expand the City's tourism economy, and provide a safe wave consistency unavailable naturally. She addressed residential noise concerns by noting that Wavegarden technology is the quietest on the market, adding that the EIR concluded there will be no noise impacts. Ms. Schaffner reported on the applicant's outreach efforts, including over 150 meetings, and the publicity the proposal has received. She noted that the community benefits of the project include opportunities for camps, high school sports, and lifeguard training, all while golf access will continue. Ms. Schaffner responded to Commissioner Gazzano's previous inquiry by confirming that the applicant does not intend to charge for parking and that the parking rate refers to the ratio, echoing Senior Planner Perez's response to his inquiry. Ms. Schaffner responded to Commissioner Rosene's previous inquiry by stating her understanding is that the lease terminates in January of 2027. Ms. Schaffner responded to Chair Harris' previous inquiry by clarifying that the northerly parking lot on Irvine Ave. will be primarily intended for employees and golfers, with both having an opportunity to use the main parking lot on the western side of the property off Mesa Drive. In response to Chair Harris' inquiry, Ms. Schaffner confirmed that the applicant has reviewed the Conditions of Approval and Mr. Mosher's recommended edits. She confirmed the applicant agrees with all Conditions of Approval and the edits. In response to Commissioner Reed's inquiry, Ms. Schaffner clarified that there will be temporary restrooms and a starter for golfers during construction until the permanent ones are completed. In response to Commissioner Rosene's inquiry, Ms. Schaffner clarified that the applicant's request for 12 special events per year anticipates one per month. In response to Commissioner Gazzano's inquiry, Assistant City Attorney Yolanda Summerhill reported that the City offered tribal consultation to 20 tribes to ensure that any sacred resources are protected. She confirmed that two tribes requested monitoring, and they are included in the MMRP. She confirmed that there will be an archaeologist on site in case any tribal resources are 20-213 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 unearthed to ensure they are properly cared for. In response to Chair Harris' inquiries, Ms. Schaffner confirmed that the back nine holes of the NPBC are in Orange County and under a separate lease. She stated that the lease for those holes also expires in January of 2027, coinciding with the main parcel. She confirmed that the applicant has been in communication with the County, conveying that the County intends to maintain the golf course long-term. Kara Grant, speaking on behalf of Save Newport Beach Golf Course and the Gabrieleno Band's Kizh Nation, stated that the EIR is misleading for overstating the ability to mitigate impacts. She reported that golf courses are often constructed on tribal grounds, and it is certain that human remains or tribal resources will be discovered in the construction. She stated that all the Kizh Nation's proposed conditions based on AB 52 have not been met due to insufficient consultation with the City, which did not fully vet the tribe. She expressed concerns about how the Kizh Nation human remains would be treated. Newport Bay Conservancy Operations Director Heather Cieslak expressed concerns about surface runoff from NBGC due to the cart path being along the Delhi Channel, construction during nesting season, and the inclusion of non-native vegetation. She called for drought -tolerant native landscaping, better pollutant load and runoff analysis, and habitat replacement for native species. Benny Hallock, speaking for Save Newport Beach Golf Course, reported that 7,500 people are against the project. He questioned how high school teams can continue to use a golf course with fewer than 18 holes, as it cannot be Professional Golf Association (PGA) certified. He questioned the accuracy of the Traffic Study and whether the applicant will be required to have a restoration bond in the event of business failure. Jim Auster reported that he has been fighting for NBGC since the southern portion was identified in the City's Housing Element, adding that the surf park is a scheme to make the course unviable. He added that there is no long-term commitment to golf from the property owners who are committed to developing housing. He expressed concerns about glare from the solar panels interfering with airplanes landing at JWA. He stated that the EIR fails to consider potential future runway extension plans. He called for the property to continue to function as a golf course. Brian Melstrom, Head Surf Coach and Head Golf Coach at Newport Harbor High School expressed his support for the project. He added that the facility will offer a more consistent training ground for the surf team's development than West Newport Beach provides with its inconsistent waves due to weather and other factors. Huntington State Beach lifeguard Andy Cox reported that the applicant has spoken with area lifeguard groups about serving as a year-round training site. He echoed Mr. Melstrom's comments about how a consistent training venue will benefit lifeguards. He stated that having a 15-hole golf course is better than it become a parking lot for JWA. Mike Smith urged the Commission to vote against the project and approve EIR Alternative No. 1, adding it would alleviate the numerous concerns about this project, including the ALUC's opposition. He encouraged the City to purchase the NBGC to make it a public municipal course and withdraw the land under holes 3-8 from its Housing Element. He questioned whether there are any ongoing negotiations with the County over the continued operation of the back nine. He expressed concerns about future traffic in the airport area due to planned development in the Housing Element. Linda Giedt encouraged the Commission to vote against the project. She stated the center portion of NBGC is its heart, with the course providing a recreation option for residents of all ages and 20-214 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 income levels, whereas the surf park would be a resort serving a niche demographic. She added that the driving range is an important aspect of learning and practicing golf and stated that the NBGC needs investment rather than replacement. Todd Larner expressed his support for the project. He stated that Newport Beach has fantastic beaches, but the waves are average at best for surfing. He added that the waves at the surf park would be created perfectly, creating a world -class surfing experience. He stated that it would be safer than surfing in the ocean. Commissioner Ellmore stated that the Commission makes decisions solely on a technical analysis and encouraged the speakers to keep their focus on the technical side as opposed to their opinions on golfing or surfing. Maureen Flanagan expressed her opposition to the project, stating it is unnecessary in Newport Beach. She took issue with the height of the walls and the inclusion of overnight accommodations for 20 people. She lamented how traffic will continue to get worse in this portion of Newport Beach where she resides. Professional surfer Tyler Gunter stated that the surf park will grow the City's strong surfing community. He lamented that the City's beaches are a hard place to learn how to surf. He lauded the Wavegarden technology he recently surfed at a facility in the City of Virginia Beach, Virginia. He added that the surf park would be a safer place than the ocean and encouraged the Commission to approve the item. Gary McKee expressed his opposition to the project for creating a restricted -access development on what is currently public open space. He noted that the site abuts the flood control channel emptying into the Upper Newport Bay conservation area. He stated that the risk of contamination from the project has not been properly addressed in the MMRP or EIR and can lead to State or federal prosecution. Drew Lorentzen expressed his support for the project, professing his love of surfing and noting that the NBGC will still have 15 holes to play. He noted as a United States Army Veteran that American Legion Post 291's comments about the project should cease because they go against its non-profit status. Wade Womack encouraged the Commission to deny the project for being inconsistent with the NBMC, citing the purpose of SP-7. He stated that breaking up the NBGC will lead to the expansion of JWA and lower the quality of life for residents. He noted that there are no long-term leases for the NBGC and quoted former Newport Beach Mayor and current State Assemblymember Diane Dixon's comments from 2016 about the NBGC serving as an important buffer against JWA expansion. Ryan Gallagher stated that Newport Beach has a recreation culture built into its fabric. He added that the proposal maintains golf while adding a recreational activity in a world -class facility that they can be proud of. He noted that the NBGC's lease is expiring and stated that the site will likely change soon, regardless of this project. He stated that the applicant has cut no corners in this project and lauded the youth recreation opportunities it will create. Sean McCarron expressed his support for the surf park, stating that it matches the fabric of the community. He added that this will be either Los Angeles County or Orange County's first surf park, predicting success for the project. He expressed concerns about potential future uses for the NBGC's land, whose lease is expiring soon, adding that this project would be better than many other potential uses. 20-215 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 Katisa Sheehan stated that this is not the right project for this space and will bring unfriendly environmental impacts to a residential area, including noise from the crashing waves. She noted that NBGC is the only public course in the area, while the surf park is an elite project not serving residents of all ages. Bill Lyon questioned the financial viability of the project, noting that the NBGC's driving range is crowded daily. He reported that other surf parks have high costs for users, lamenting how if the business is unsuccessful, the City would be left with a property with a very high redevelopment cost. He noted that most surf parks around the country do not have a natural competitor like Newport Beach's beaches. He called for the applicant to release fiscal projections. Mandy McDonnell expressed her support for the project. She reported that she helped the City develop the resoundingly successful Marina Park project against fierce residential opposition. She noted that the surf park would be open to the public, and her family is looking forward to the project, adding that it may be easier to park there than at the beach. She added that the project is well thought through and could be a great place to visit, even if not surfing. Ken Sanford stated that the NBGC serves older residents like himself and expressed his opposition to the project. Bettina Eastman expressed concerns as a wildlife biologist about the EIR's limited scope of evaluating runoff into the Delhi Channel, how the bats will be relocated, how the CUP's building height approval could impact other projects, and the project's inclusion of non-native plants. Mr. Mosher thanked the applicant for their pledge to work with City staff to clean up the Resolution, adding that he did not have enough time to find all the likely additional errors in the Resolution and Conditions of Approval. He questioned how staff did not find any City rules and regulations, bringing the consistency of the project into question. He echoed Ms. Eastman's concerns about the land use designation, noting the increase from 10,000 square feet of supporting structure to 80,000, including overnight accommodations. He noted a discrepancy between the JWA management's interpretation of how many people would be at the facility at one time, as opposed to the City's daily estimation, adding that the special events could draw even larger crowds than their figure of 1,500. He stated that a Condition of Approval should be added to limit how many people can be on site at any one time as it is a major concern of the airport management. He inquired if the retaining walls next to the Delhi Channel have been presented to the Orange County Flood Control District. Ms. Grant stated that the Tribal Cultural Mitigation Measures violate the Public Resources Code by deferring mitigation to a future date and the California Environmental Quality Act (CEQA), citing Communities for a Better Environment v. City of Richmond. She added that having an archeologist monitoring tribal resources is also a CEQA violation. She reported that the consultation required by AB 52 did not occur per Koi Nation of Northern California v. City of Clearlake. She expressed concerns over the intent to override the ALUC's inconsistency finding for its disregard of safety. She noted that it will be at least a partial membership -based facility, inconsistent with the intent of the land being zoned for open space and recreation. She encouraged the Commission, if proceeding with the project, to include as a Condition of Approval a retention of liability for the success and safety of the project or post a bond to cover potential environmental impacts of the project, citing multiple sections of applicable government code and legal precedents. Ms. Schaffner reported that a solar glare analysis was performed as part of the EIR and submitted to the ALUC with no findings of inconsistency related to the solar canopies. She clarified that the total daily attendance is estimated to be 1,400 people plus 70 staff members, with an average daily peak of 388 people. She noted that ALUC's Zone 2 allows for hundreds of people per acre, 20-216 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 even though it is the most restrictive, adding that the applicant estimates 50 people in Zone 2, 110 in Zone 4, and 450 in Zone 6, even though Zone 6 allows for over 1,000 people. She added that City staff can best answer questions raised during public comment related to CEQA. In response to Commissioner Gazzano's inquiry, Ms. Schaffner confirmed that the Federal Aviation Administration (FAA) found that the project presented no hazards to air navigation, including the solar canopy, overhead lights, and other areas. Assistant City Attorney Summerhill confirmed that the City provided comprehensive responses to comments about CEQA. She added that the City Attorney's office did have a continued dialogue with the Kizh Nation, including a June 23, 2025, correspondence, which the City was informed was not received, so it was resent earlier today. She clarified that the crux of the argument is that the City should not consider the Tongva as an appropriate tribe to consult with but added that the Tongva are listed on the Native -American Heritage Commission's list and have affiliations with the area. She referenced Ms. Grant invoking the Koi Nation case and stated that it would be insensitive for the City to take one tribe's side over the other, so staff refuted the argument. She added that mitigation measures in the proposal respect the rights of both tribes. She added that staff would be happy to incorporate recommended mitigation measures from Ms. Grant respecting both her tribe's rights and those of other tribes. She reported on the extensive conversations conducted about tribal consultations and pledged to incorporate them all into the record. She stated that the City complied with the tribal consultation timeline process. Acting Community Development Director Jaime Murillo stated that the staff report includes 188 comment letters on the adequacy of the EIR that have been responded to in detail. He added that the City also received 27 CEQA-related comments outside of the comment period for which City consultants drafted a detailed response and distributed as additional materials. In response to Commissioner Gazzano's inquiry, Assistant City Attorney Summerhill confirmed there will be two Native -American monitors on site, one from each tribe. In response to Vice Chair Salene's inquiry, Ms. Schaffner reported that the EIR's Water Quality Management Plan stated that the runoff from the project will be separated into 13 management areas, which will be treated onsite before being released into the storm drain system. In response to Chair Harris' inquiry, Ms. Schaffner confirmed that currently, runoff goes straight to the Delhi Channel, but the project will now capture the runoff on site in 13 different areas. Chair Harris closed the public hearing. Commissioner Ellmore commended the volume of public comment. He clarified that the Commission does not opine on feelings or sentimental opinions and heavily encouraged the residents to voice their thoughts to the City Council. He noted that the housing needs are dictated to the City by the State. He clarified that the Commission's job is to look only at the application, and the project is one he will support. Commissioner Rosene echoed Commissioner Ellmore's comments. He commended the detail in the application. He added that the project will preserve golf while adding a unique experience, expressing his support for the project. Motion made by Commissioner Rosene and seconded by Commissioner Reed to approve the item with Mr. Mosher's recommended edits. AYES: Ellmore, Gazzano, Harris, Reed, Rosene, and Salene NOES: None 20-217 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Meeting September 4, 2025 ABSTAIN: Langford ABSENT: None Vill. STAFF AND COMMISSIONER ITEMS ITEM NO. 3 MOTION FOR RECONSIDERATION - None ITEM NO. 4 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Community Development Director Murillo reported that the next meeting on September 18t" will include an 89-unit townhome project on Monrovia Ave., a restaurant Use Permit to create a permanent outdoor patio for SOL Mexican Cocina Restaurant, and an appeal related to the Balboa Fire Station and Library. ITEM NO. 5 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT — With no further business, Chair Harris adjourned the meeting at 8:02 p.m. The agenda for the August 21, 2025, Planning Commission meeting was posted on Thursday, August 14, 2025, at 3:27 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, August 14, 2025, at 3:20 p.m. Tvisfav, Ra is Tristan Harris, Chair Jonathan Langford, Secretary 20-218 Attachment I Planning Commission Resolution No. 2025-018 (attachments omitted) 20-219 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 RESOLUTION NO. PC2025-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT KNOWN AS SCH#2024110238 AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT, MAJOR SITE DEVELOPMENT REVIEW, CONDITIONAL USE PERMIT, AND MODIFICATION PERMIT TO AUTHORIZE THE SURF PARK WITH ANCILLARY USES AND TYPES 47 (ON -SALE GENERAL EATING PLACE), 58 (CATERER), AND 68 (PORTABLE BAR) ALCOHOLIC BEVERAGE CONTROL LICENSES FOR A PROJECT LOCATED AT 3100 IRVINE AVENUE (PA2024-0069) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by CAA Planning, on behalf of Back Bay Barrels, LLC ("Applicant"), concerning property located at 3100 Irvine Avenue, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property"). 2. The 15-acre Property is currently developed as the center portion of the larger 18-hole Newport Beach Golf Course ("Golf Course"). The 57-acre Golf Course is separated into three physically distinct land areas: the northern, center, and southern portions. The center and southern portions are located within the jurisdiction of the City of Newport Beach ("City") and are owned by Newport Golf Club, LLC ("Owner"). The northern portion is mostly located outside of the City's jurisdiction and is owned by the County of Orange. The Golf Course is privately owned and operates pursuant to Use Permit No. UP1594. 3. The Applicant requests approval to redevelop the Property into a surf park with ancillary uses and to remove the existing driving range, pro shop, restaurant and bar, and three holes of golf ("Project"). The northern and southern portions of the Golf Course would not be affected by the Project. A modified operation of the Golf Course would continue in substantial conformance with UP1594. 4. The Project provides approximately five acres of surfing lagoons surrounded by viewing platforms, seating, pools, spas, and lighting. The Project includes the construction of a three-story, 50-foot-tall, 50,341-square-foot (net floor area) amenity clubhouse building with reception area, surf academy, fitness facility, yoga center, administrative offices, staff areas, locker rooms, retail store, restaurant, coffee and snack bar, and basement level surfboard storage, golf cart storage, golf starter shack, maintenance area, and mechanical equipment storage. The Project also includes construction of a two-story, 40-foot-tall, 9,432-square-foot (net area) athlete accommodation building with 20 rooms. To support the amenities, the Project includes freestanding restroom buildings throughout the 20-220 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 2 of 22 Property. The total Project development intensity is 59,772 net square feet. Proposed hours of operation for the Project are from 6 a.m. through 11 p.m., daily. 5. The following approvals are requested from the City to implement the Project as proposed: General Plan Amendment ("GPA") — To increase the development limit from 20,000 square feet to 59,772 square feet for Anomaly Number 58, as identified in Table LU2 of the General Plan Land Use Element • Major Site Development Review ("SDR") — To construct a nonresidential building larger than 20,000 square feet; • Conditional Use Permit ("CUP") — To allow the operation of an outdoor commercial recreation use, to authorize alcohol sales within the amenity clubhouse and throughout the grounds of the surfing lagoon through a Type 47 (On -Sale General - Eating Place), Type 58 (Caterer License), and Type 68 (Portable Bar) Alcoholic Beverage Control license , to establish the appropriate parking rate, and to allow the construction of buildings taller than 18 feet ; Modification Permit ("Mod") — To allow for the construction of retaining walls taller than 8 feet in height from finish grade; and Environmental Impact Report ("EIR") — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals. 6. The Property is categorized as Parks and Recreation (PR) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation (SP-7/OSR) Zoning District. 7. The Property is not located within the Coastal Zone but is immediately adjacent to its boundary, which occurs at the inland extend of the Mesa Drive right-of-way. The Project proposes three improvements within the Mesa Drive right-of-way: (1) the relocation of an existing driveway; (2) roadway striping (i.e., paint); and (3) utility upgrades. These activities are exempt from obtaining a Coastal Development Permit ("CDP") pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of the NBMC and do not require a CDP. This was further confirmed by California Coastal Commission staff via email on May 7, 2025, which concurred that these improvements are exempt from obtaining a CDP. 8. A study session was held on June 19, 2025, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to introduce the Project to the Planning Commission. No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a 300-foot radius of the Property. 20-221 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 3 of 22 9. On August 7, 2025, the Orange County Airport Land Use Commission ("ALUC") reviewed the Project and found it inconsistent with the John Wayne Airport Environs Land Use Plan ("AELUP"). If the Planning Commission recommends approval of the Project, the City Council may consider authorizing the issuance of a Notice of Intent to Override the ALUC's determination. 10. The Planning Commission held a public hearing on August 21, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with 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 public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000, et seq.) and City Council Policy K-3, it was determined that the Project could have a significant adverse effect on the environment and thus warranted the preparation of an environmental impact report ("EIR"). 2. On November 7, 2024, the City, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR and mailed the NOP to responsible and trustee public agencies, organizations likely to be interested in the potential impacts, property owners within a 300-foot radius of the Property, and any persons who had previously requested notice in writing. 3. On November 20, 2024, the City held a public scoping meeting to present the Project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR. 4. A draft Environmental Impact Report ("DEIR") (State Clearinghouse No. 2024110238) set forth in Exhibit "B," which is attached hereto and incorporated herein by reference has been prepared in compliance with CEQA, State CEQA Guidelines, and City Council Policy K-3. 5. The DEIR was circulated for a 45-day comment period beginning on May 23, 2025, and ending on July 7, 2025. The responses to comments, including those submitted after the deadline are attached hereto as Exhibit "C" and incorporated herein by reference. A study session to introduce the Project and related environmental clearance documents to the Planning Commission and the public was conducted on by the Planning Commission on June 19, 2025, followed by the public hearing on September 4, 2025. The DEIR, comments, and responses to the comments were considered by the Planning Commission in its review of the Project. 6. The Planning Commission finds that the DEIR reflects the independent judgment and analysis of the City. 20-222 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 4 of 22 7. The Planning Commission reviewed and considered the information contained in the DEIR prior to forwarding its recommendation on the Project to the City Council. 8. Based on the entire environmental review record, the Project, with mitigation measures, will have a less than significant impact on the environment and there are no known substantial adverse effects on human beings that would be caused. Additionally, there are no long-term environmental goals that would be compromised by the Project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring And Reporting Program ("MMRP") set forth in Exhibit "D", which is attached hereto and incorporated herein by reference, are feasible and will reduce the potential environmental impacts to a less than significant level. 9. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. General Plan Amendment An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor the California Government Code Section 65000 et seq. set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the following facts support approval of the amendments: Facts in Support of Approval: 1. The Project includes a GPA to amend the development limit for Anomaly Number 58. Said development limit will be increased from 20,000 square feet to 59,772 square feet, as shown in Exhibit "E." The GPA does not include a change in land use category, which would remain as Parks and Recreation (PR). 2. While the Project would construct approximately 79,533 square feet of area, Table LU1 (Land Use Plan Categories) of the Land Use Element provides additional instruction for intensity on properties categorized as PR and specifies types of buildings and facilities that are not counted toward development limits. For example, Table LU1 exempts incidental buildings (e.g., maintenance equipment sheds, supply storage, and restrooms) and, on golf courses, support facilities for ground maintenance employees. Consistent with the guidance of Table 1, the Project includes 19,761 square feet of storage space and restrooms that are not counted toward the development limit of Anomaly 58. 20-223 Docusign Envelope ID: 191771E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 5 of 22 3. A full General Plan consistency analysis has been prepared for the Project, is attached hereto as Exhibit "F," and is hereby incorporated by reference. In summary, the Project is consistent with the following General Plan Goals and Policies: Land Use Element Policy LU 1.6 (Public Views) Policy LU 2.1 (Resident -Serving Land Uses) Policy LU 2.2 (Sustainable and Complete Community) Policy LU 2.5 (Visitor Serving Uses) Policy LU 2.8 (Adequate Infrastructure) Policy LU 3.1 (Neighborhoods, Districts, Corridors, and Open Spaces) Policy LU 3.2 (Growth and Change) Policy LU 3.3 (Opportunities for Change — Santa Ana Heights) Policy LU 3.7 (Natural Resource and Hazardous Areas) Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) Policy LU 4.1 (Land Use Diagram) Policy LU 5.6.2 (Form and Environment) Policy LU 5.6.3 (Ambient Lighting) Historical Resources Element Policy HR 2.1 (New Development Activities) Policy HR 2.2 (Grading and Excavation Activities) Policy HR 2.3 (Cultural Organizations) Policy HR 2.4 (Paleontological or Archaeological Materials) Circulation Element Policy CE 2.2.1 (Safe Roadways) Policy CE 7.1.1 (Vehicle Miles Traveled (VMT) Analysis) Policy CE 7.1.2 (VMT Mitigation Measures) Policy CE 7.1.5 (Support Facilities for Alternative Modes) Policy CE 7.1.7 (Project Site Design Supporting Alternative Modes) Policy CE 7.1.8 (Electric Vehicle (EV) Charging Stations) Policy CE 9.1.10(Development Requirements) Recreation Element Policy R 1.12 (Aircraft Overflight and Noise) Policy R 4.1 (Provision of Recreation Services) Policy R 4.2 (Compatible Recreation Activities) Policy R 4.3 (Variety of Programs) Policy R 4.5 (Variety of Adult Recreational Programs) Natural Resources Element Policy NR 1.1 (Water Conservation in New Development) Policy NR 1.2 (Use of Water Conserving Devices) Policy NR 3.4 (Storm Drain Sewer System Permit) Policy NR 3.5 (Natural Water Bodies) 20-224 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 6 of 22 Policy NR 3.9 (Water Quality Management Plan) Policy NR 3.10 (Best Management Practices) Policy NR 3.11 (Site Design and Source Control) Policy NR 3.12 (Reduction of Infiltration) Policy NR 3.14 (Runoff Reduction on Private Property) Policy NR 3.16 (Siting of New Development) Policy NR 3.17 (Parking Lots and Rights -of -Way) Policy NR 3.19 (Natural Drainage Systems) Policy NR 3.20 (Impervious Surfaces) Policy NR 4.3 (Restore Natural Hydrologic Conditions) Policy NR 4.4 (Erosion Minimization) Policy NR 6.1 (Walkable Neighborhoods) Policy NR 6.4 (Transportation Demand Management Ordinance) Policy NR 7.2 (Source Emission Reduction Best Management Practices) Policy NR 10.2 (Orange County Natural Communities Conservation Plan) Policy NR 10.3 (Analysis of Environmental Study Areas) Policy NR 10.4 (New Development Siting and Design) Policy NR 10.5 (Development in Areas Containing Significant or Rare Biological Resources) Policy NR 10.6 (Use of Buffers) Policy NR 10.7 (Exterior Lighting) Policy NR 18.1 (New Development) Policy NR 18.3 (Potential for New Development to Impact Resources) Policy NR 18.4 (Donation of Materials) Policy NR 20.1 (Enhancement of Significant Resources) Policy NR 20.2 (New Development Requirements) Policy NR 20.4 (Public View Corridor Landscaping) Policy NR 23.1 (Maintenance of Natural Topography) Policy NR 23.7 (New Development Design and Siting) Policy NR 24.2 (Energy -Efficient Design Features) Policy NR 24.3 (Incentives for Green Building Program Implementation) Safety Element Policy S 4.7 (New Development) Policy S 5.1 (New Development Design within 100-year Floodplains) Policy S 5.2 (Facility Use or Storage of Hazardous Materials Standards) Policy S 5.3 (Minimization of Flood Hazard Risk) Policy S 7.1 (Known Areas of Contamination) Policy S 7.2 (Development Design within Methane Gas Districts) Policy S 7.4 (Implementation of Remediation Efforts) Noise Element Policy N 1.1 (Noise Compatibility of New Development) Policy N 1.7 (Commercial/ Entertainment Uses) Policy N 1.8 (Significant Noise Impacts) Policy N 4.2 (New Uses) Policy N 4.6 (Maintenance of Construction Activities) 20-225 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 7 of 22 Policy N 5.1 (Limiting Hours of Activity) Charter Section 423 Analysis Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). 2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) Eighty percent of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. 3. The GPA is in Statistical Area J-5. One GPA within Statistical Area J-5 was approved within the last 10 years and continues to be tracked, as required by the provisions of Charter Section 423. The following table shows the increases attributable to this GPA, the one prior amendment, and the resulting totals thereby demonstrating that no vote would be required. Trip generation for the purpose of implementing the charter section was calculated using the blended rate for "public, semi-public, and institutional uses", as provided in City Council Policy A- 18. Charter Section 423, Measure S Analysis for Statistical Area J-5. Amendments Increased Density (DU) Increased Intensity (SF) Peak Hour Trip Increase A.M. P.M. PA2020-041 (Shvetz Residential Subdivision) 1 NA 0.75 1.01 Total Prior Increases 1 NA 0.75 1.01 80% of Prior Increases .8 NA 0.60 .81 100% of Proposed PA2024-0069 0 39,772 59.66 59.66 Total .8 39,772 60.26 60.26 Threshold 100 40,000 100 100 Remaining 99.2 228 39.74 39.74 Vote Required? No No No No Tribal Consultation Pursuant to Senate Bill 18 ("SB 18"), the City requested a Sacred Lands File ("SLF") search on May 31, 2024, for the Property from the Native American Heritage Commission ("NAHC"). On June 18, 2024, the NAHC responded that the findings of the search were positive and identified 20 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SIB 18 and Assembly Bill 52, the City mailed notices regarding the Project to all the listed tribes. The City received two responses: from the 20-226 Docusign Envelope ID: 191771E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 8 of 22 Gabrielino Tongva Indians of California and from the Gabrieleno Band of Mission Indians - Kizh Nation. Both tribes requested monitoring for tribal resources and mitigation measures were incorporated into the MMRP. Major Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decisions) of the NBMC, the findings and facts in support of such findings are set forth as follows: Finding: A. The proposed development is allowed within the subject Zoning District. Facts in Support of Finding: 1. The Property is located within the Santa Ana Heights Specific Plan (SP-7), Open Space and Recreation (OSR) District. The SP-7/OSR District allows for local and buffer greenbelts by right, public and private utility buildings and structures subject to the approval of a minor use permit, and golf courses and commercial recreation subject to the approval of a CUP. 2. The purpose and intent of the SP-7/OSR District is to ensure the long-term use and viability of the Golf Course. The Project is not designed to replace the entirety of the Golf Course's operations, rather it includes components that will continue to support golf operations on the northern and southern portions. It will further introduce additional revenue generating activities and ancillary uses helping to ensure the future viability of the Golf Course. Finding: B. The proposed development is in compliance with all of the following applicable criteria: i. 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 20-227 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 9 of 22 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. All Facts in Support of Finding A are hereby incorporated by reference. 2. The Property is categorized as Parks and Recreation (PR) by the Land Use Element of the General Plan. The proposed commercial recreational use is consistent with uses contemplated by the PR category, including private recreation. 3. The Project requires a GPA to increase the maximum development limit identified in Table LU2 as Anomaly Number 58; however, the underlying land use category of PR will remain. The Project is consistent with the General Plan as proposed to be amended. 4. The Project is in furtherance of several General Plan Goals and consistent with many General Plan Policies, as noted above and detailed in Exhibit "F," which is attached hereto and hereby incorporated by reference. 5. The Property is located within the Santa Ana Heights Specific Plan (SP-7), Open Space and Recreation (OSR) District. The SP-7/OSR District allows for local and buffer greenbelts by right, public and private utility buildings and structures subject to the approval of a minor use permit, and golf courses and commercial recreation subject to the approval of a CUP. 6. Subsection 20.90.050(E) (Site Development Standards) of the NBMC establishes minimum development standards for the Property, including setbacks and height. The SP-7/OSR District requires a minimum building setback of 20 feet from all property lines and establishes a maximum building height of 18 feet, unless otherwise provided for by use permit. The Project complies with the required building setback and is proposing a maximum building height of 50 feet above the existing grade for the amenity clubhouse and 40 feet above the existing grade for the visitor accommodations building. 7. The Project includes the removal of existing improvements on the Property and developing a surf park. The surfing lagoon would be divided into two, 5.1-million-gallon, basins that would be hydrologically separated by wave making equipment, forming a heart -shape up to 13 feet deep. The lagoon would be heated and surrounded by viewing platforms, seating, three warming pools and one spa ranging in size from 640 to 1,600 square feet, nine outdoor showers, restrooms, and lighting. The surf lagoon will be lighted for evening use by 71-foot-high light poles that would be located adjacent to the lagoon with lights focused down onto the surf lagoon. Additional mechanical equipment, such as the lagoon heating equipment, would have a height of approximately 15 feet and would be located northeast of the surf lagoon. 8. Ancillary uses include a 50-foot-tall amenity clubhouse, a 40-foot-tall athlete accommodation building, and storage and maintenance areas. The basement level would provide staff areas, mechanical equipment, golf cart storage, surfboard storage, and storage space. The first floor of the clubhouse would contain a reception area as well as a 20-22s Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 10 of 22 surf academy area, changing rooms, storage lockers, and a surf themed retail store. There would also be a sit-down restaurant with a full -service bar in addition to a quick food service coffee bar/snack shack. The second floor would have a fitness facility, locker room, spa, and yoga room. The third floor would contain administrative offices, an operations center, and day use cabanas. Both the second and third floors would have a deck along the entire eastern frontage of the building, providing views of the surf lagoon. The athlete accommodation building would provide 20 overnight units, 10 on each floor. 9. The Project will have alcohol service within the amenity clubhouse and throughout the grounds of the surfing lagoon through a Type 47 (On -Sale General - Eating Place) Alcohol Beverage Control license ("ABC License"), a Type 58 (Caterer) ABC License, and a Type 68 (Portable Bar) ABC License. 10. The Project is proposed to be served by 351 parking spaces within two surface lots that are partially covered by 14-foot- to 18-foot-high solar canopies. These canopies, in conjunction with solar panels atop the surf park buildings, will provide onsite renewable energy to help offset the energy required to power its operations. The Project proposes 143,844 square feet of drought tolerant ornamental landscaping and would provide 235,650 square feet of open space. 11.Table 3-10 (Off -Street Parking Requirements) of Section 20.40.040 (Off -Street Parking Spaces Required) of the NBMC provides that the number of parking spaces required for a commercial recreation use shall be established by use permit. The July 14, 2025, Gibson Transportation Consulting, Inc. Parking Demand Analysis ("Parking Analysis") analyzed the Project and projected a maximum parking demand of 324 spaces. The estimated demand includes spaces to accommodate the golfing operations to be retained. The Parking Analysis has been reviewed and accepted by the City Traffic Engineer and supports the finding that 351 total spaces are adequate to support the surf park and remaining golf course operations. While not relied upon in the Parking Analysis to establish the parking demand, long-term bicycle parking will be provided onsite to support any guests arriving via the bike lanes on Irvine Avenue. Condition of Approval no. 10 requires a minimum of 324 spaces be permanently available and Condition of Approval no. 11 ensures bicycle parking is provided. 12. While the Project does not rely on valet parking to establish or satisfy parking requirements, Condition of Approval No. 94 requires a final parking management plan be reviewed and approved by the City to ensure voluntary valet operations and internal gate operations can be fully accommodated onsite and in accordance with city standards. 13.The portions of the golf course to the north of Irvine Avenue (holes 10-18) and south of Mesa Drive (holes 3-8) will remain. The existing golf cart path of travel between holes 3-8 and holes 10-18 will also remain. The Project will provide parking for the golf course, a starter shack for the golf course, and golf cart storage in the basement level of the amenity clubhouse. 14. The Project has been designed and sited efficiently with structures arranged on the Property to promote a harmonious relationship with onsite structures and to other adjacent 20-229 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 11 of 22 developments. Curved buildings mirror the geometry of the surfing lagoon, reinforcing a unified and organic site layout. The amenity clubhouse is sited to shield noise and light from reaching the apartment complex located across Irvine Avenue. 15.A consistent architectural language across all structures, through shared materials, forms, and scale, ensures a cohesive identity. 16. The existing visual character of the area surrounding the properties are a mix of uses with no consistent architectural or visual theme. With implementation of the Project, the Property would change to provide a more urban and developed character compared to the existing condition. However, the bulk, scale, and aesthetic treatment are compatible with the adjacent commercial developments and public areas. 17. The Project is designed with adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces. The proposed driveway along Mesa Drive shall be a right -turn in and right -turn out driveway with the driveway along the Irvine Avenue frontage which shall be a right -turn in, left -turn in, and right -turn out only driveway. Queuing into the public right-of-way, which would impact the adjacent public sidewalk and streets, is prohibited. 18. The Project is designed with adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials. 19.The Project is designed to protect significant views from public rights -of -way and compliance with Section 20.30.100 (Public View Protection) of the NBMC. All development within the Property would be set back from adjacent streets and would not encroach on existing public views along the roadway corridors adjacent to the site. The closest designated public viewpoint is approximately 0.3-mile southwest of the Property, along Irvine Avenue and south of University Drive. The viewpoint provides views of the Upper Newport Bay Preserve. Bayview Park, adjacent to Upper Newport Bay Preserve, is also designated as a public viewpoint. The Site is located northwest of these points not within the coastal scenic viewshed from either of these viewpoints. Therefore, the Project does not have the potential to obstruct public viewpoints or corridors, as identified on General Plan Figure NR 3 (Coastal 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 SuDDort of Findina: 1. The Project will provide a new recreational opportunity, consistent with the General Plan and the Santa Ana Heights Specific Plan, in an area developed with existing recreation, commercial, office, and residential uses. The Project will reduce the number of holes, and 20-230 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 12 of 22 the driving range will be removed; however, the Project will support the remaining golf course holes to the north and south of the Property by providing a starter shack, golf course parking, and golf cart storage. 2. The Project has been reviewed by all relevant City Divisions and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator of the Project is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the property and adjacent properties during business hours, if directly related to the patrons of the establishment. 3. The Project has been reviewed by the NBPD. The NBPD does not object to the Project, subject to appropriate conditions of approval which have all been incorporated into Exhibit "G," which is attached hereto and incorporated herein by reference. Additionally, the Facts in Support of Finding I for Alcohol Sales below are hereby incorporated by reference. 4. To minimize disruptions to persons residing or working in the neighborhood, a final Construction Management Plan ("CMP") shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. 5. The Project will incorporate green building measures, such as water efficiency, Low Impact Development ("LID"), and renewable energy sources to reduce energy demands and GHG emissions. 6. The Property is located approximately 0.4 miles from John Wayne Airport ("SNA") and within the SNA Airport Environs Land Use Plan ("AELUP"). The Property is trisected by Zones 2 (Inner Approach/Departure), Zone 4 (Outer Approach/Departure), and Zone 6 (Traffic Pattern Zone). The Project will comply with AELUP aviation, safety, aircraft noise, airspace protection and overflight criteria. The Project complies with the people per acre intensity limits of uses allowed within the AELUP and Caltrans Handbook Safety Zones 2, 4 and 6. The clubhouse and athlete accommodation buildings will have a maximum height of 50 feet ("92 feet AMSL") and 43 feet ("83 feet AMSL") and will not exceed the 14 CFR Part 77 construction notification imaginary surfaces over the Property. Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) and Section 20.40.110 (Adjustments to Off -Street Parking Requirements) of the NBMC, the following findings and facts in support of the findings are set forth - Finding: D. The use is consistent with the General Plan and any applicable specific plan. Fact in Support of Finding: 1. Facts 2 through 4 in Support of Finding B are hereby incorporated by reference. 20-231 Docusign Envelope ID: 191771E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 13 of 22 Finding: E. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. All Facts in Support of Finding A are hereby incorporated by reference. 2. Facts 5 through 13 in Support of Finding B are hereby incorporated by reference. 3. Section 20.90.050(E)(2) of the NBMC establishes a maximum building height limit of 18 feet, unless otherwise permitted through an approved use permit. The Project proposes a 50-foot-tall amenity clubhouse and a 40-foot-tall athlete accommodation building. All other freestanding structures will comply with the 18-foot height limit. Potential impacts from the increased building heights are mitigated by the significant distance between the proposed buildings and the adjacent public rights -of -way. On the west side of the Property, the Project is separated from Irvine Avenue by the Delhi Channel, which creates a visual buffer and reduces any perceived scale difference between the buildings and the publicright-of-way. Although the southern edge of the Property along Mesa Drive does not benefit from this buffer, the tallest building, the 50-foot-tall amenity clubhouse, is set back at least 100 feet from the Mesa Drive public right-of-way. These generous setbacks create large open areas and help reduce any perceived height of the structures from public viewpoints. While the 40-foot-tall athlete accommodation building is not set back as far as the clubhouse, it is still set back 30 feet from Mesa Drive, exceeding the minimum setback required by code. 4. Architectural and structural elements on the amenity clubhouse and athlete accommodations building are thoughtfully designed for compatibility and visual interest, using natural materials, varied rooflines, recessed walls, and layered facades, while ensuring that building heights do not exceed surrounding tall elements like existing 80-foot net poles. 5. None of the proposed improvements will be taller than the existing poles at the driving range. The existing driving range is surrounded by approximately 40 net poles that range in height from 25 to 80 feet, depending on location. The poles and netting separating the driving range from the buildings to the east are approximately 80 feet tall while the poles and netting separating the driving range from the golf course on the west are approximately 50 feet tall and the poles and netting separating the driving range from Mesa Drive to the south are between 62 and 65 feet tall. Some of the poles are wood (telephone pole -like) while others are pipes. 6. Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC requires a Traffic Impact Analysis ("TIA") be prepared if a project generates greater than 300 new average daily trips ("ADT"). Due to the unique nature of the Project, a trip generation analysis was prepared by Gibson Transportation Consulting, Inc ("Gibson"), dated March 4, 2025. Gibson based the trip 20-232 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 14 of 22 generation rate for the Project on the projected attendance and associated vehicular demand projections for a high season weekday scenario. Furthermore, the new net trip generation estimates reflect both the reduction of trips associated with the significant portions of existing golf facility being replaced and the addition of trips associated with the portions of the golf course to be retained. The Project is anticipated to generate 186 new ADT with a net reduction of 73 AM peak hour trips and a net reduction of 10 PM peak hour trips. The total number of new trips is below the 300-ADT threshold; therefore, the Project does not require a TIA. Finding: F. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Property is currently developed with a 38-bay, partially covered, synthetic turf driving range, 1,050-square-foot putting green, and one-story 8,975-square-foot clubhouse building. The existing clubhouse includes a pro shop and restaurant that seats 233 people, a surface parking lot with 280 parking spaces, and three holes of the existing Golf Course (holes 1, 2, and 9). 2. The proposed hours of operation for the surf lagoon are from 6 a.m. to 11 p.m., 7 days a week. The Project hours are extended slightly beyond the current allowable hours of operation for the existing golf course, which are from 7 a.m. to 10 p.m., daily, pursuant to UP1594. However, the proposed hours are not considered late hours pursuant to Chapter 20.70 (Definitions), which defines late hours as facilities that provide service after 11 p.m., any day of the week. By not proposing late hours, the Project is compatible with the allowed uses within the vicinity 3. Condition of Approval no. 32 requires the outdoor speakers to cease operation by 10 p.m. 4. The surfing lagoon would operate on a reservation basis with the maximum number of participants at one time limited to 72 people. The average number of hourly users is expected at 35-45 people. 5. The Project would employ approximately 70 full-time and part-time employees with an average of approximately 35 employees onsite at any given time. All employees will be required to park onsite. 6. The facility is anticipated to host approximately 12 surf events/competitions per year. The special events would be ticketed events, similar in scale to other local sporting events. Conditions of Approval no. 129 through 146# are included to regulate the number of events, number of attendees, and hours of events. 7. The Project is compatible with the surrounding land uses, which include a mix of commercial, recreational, civic, and residential developments. Beginning to the north of the 20-233 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 15 of 22 Property and moving clockwise, adjacent uses include "The Jetty" commercial center, holes 10-18 of the golf course, multi -tenant office buildings, Newport Beach Fire Station No. 7, holes 3-8 of the golf course, "The Ranch" retail shopping center, and multi -family residential housing. Additionally, the Santa Ana —Delhi Channel runs from the northwest to the southwest between the Property and Irvine Avenue, providing a natural buffer and visual separation from adjacent uses. 8. The Project has been designed to be harmonious with persons residing or working in the neighborhood by designing the clubhouse in a location that will shield noise from the multifamily residential located across Irvine Avenue, extensive landscaping onsite and at the perimeter of the Property, providing sufficient parking and circulation, and roadway improvements. Finding: G. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Subsection E of 20.90.050 (Open Space and Recreation District) of the NBMC establishes minimum site development standards. It provides a one -acre minimum building site area, a maximum building height of 18 feet unless otherwise provided for by an approved use permit, a 20-foot minimum building setback from all property lines, and requires lighting be designed and located so that direct light rays are confined to the premises. It further states that parking shall comply with Chapter 20.40 (Off -Street Parking) of the NBMC. As designed and proposed, the Project is consistent with the development standards with exception of the requested modification for retaining wall height, discussed under the "Modification Permit" section below. 2. The Property is approximately 15 acres in area and exceeds the one -acre site minimum. The Project meets the minimum 20-foot setback from all property lines. 3. The Property will provide public and emergency vehicle access from a 26-foot-wide driveway along Irvine Avenue in the general location of the existing driveway. The Irvine Avenue access will allow turning in from both directions and only right -turn out. A second 26-foot-wide driveway will be located along Mesa Drive. The Mesa Drive access will only allow right -turn in and right -turn out. 4. The Project would upgrade the existing onsite 6-inch domestic water line to a 12-inch water line. Installation would occur within the Property and the public right-of-way, to connect to the existing 24-inch water line in Irvine Avenue. In addition, the Project would upgrade the existing onsite 6-inch sewer lateral that extends approximately 42.5 feet offsite to a 12-inch and connects to the sewer line in Mesa Drive. 20-234 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 16 of 22 5. A Water Demand Report dated December 2024, was prepared for the Project by Fuscoe Engineering. The Water Demand Report determined that the existing water infrastructure and fire flow is adequate to serve the Project and no new water facilities would be required. The Water Demand Report was reviewed and accepted by the Utilities Department Director. 6. A Sewer Analysis Report dated January 2025 was prepared for the Project by Fuscoe Engineering. The Sewer Analysis Report determined that under operational conditions, the flows from the Project would be within the capacity of the existing sewer system. The Sewer Analysis Report was reviewed and accepted by the Utilities Department Director. 7. In addition to typical daily operational wastewater generating conditions, each of the basins would be drained every two years into the sewer system. Each year one of the basins would be drained; the timing of which would be coordinated with Costa Mesa Sanitary District ("CMSY) and approved by CMSD permitting. 8. The Property will be served by the Newport Beach Fire Department and the Newport Beach Police Department ("NBPD"). The Project would not significantly increase the need for public services in the Project area, in the cities surrounding the Property, or within the region, as fully demonstrated in the Public Services section of the DEIR. Finding: H. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The architectural style of the Project is a contemporary interpretation of Southern California's surf and beach culture, expressed through low -profile forms and natural materials. The material palette includes horizontal wood siding, exposed mass timber, architectural concrete, dark bronze metal accents, and glass. The proposed color palette includes earth tones; driftwood browns, soft greys, sandy beige, and weathered whites. They are designed to blend into the environment and soften the built form against the natural backdrop. 2. All Facts in Support of Finding C are hereby incorporate by reference. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding 20-235 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 17 of 22 The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, the following criteria must be considered: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City a. The Property is in an area the NBPD designates as Reporting District ("RD") 33. RD 33 is irregularly shaped and encompasses the Santa Ana Heights neighborhood, portions of Upper Newport Bay, and extends north to the 73 freeway. RD 33 is abutted to the west by RD 31, to the south by RD 32, to the east by RD 36, and to the north by RD 34. RD 32 primarily encompasses the Upper Newport Bay and is not included in the comparison of crime rates. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to the California Department of Alcoholic Beverage Control ("ABC"). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson. RD 33 is not considered or reported to ABC as a higher crime area, as compared to other RDs within the city. The RD 33 crime count for 2024 is 110, which is 2% under the citywide average of 112 crimes per RD. The highest volume crime in RD 33 is theft/larceny. c. The NBPD has reviewed the Project and has no objection to the Project, subject to appropriate conditions of approval which have all been incorporated into Exhibit "G" of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages, all alcoholic beverages that will be sold or consumed in the lagoon and pool areas shall be served in containers which are distinctive in design and color, easily distinguishable from any other containers used in the service of beverages, and a prohibition of games or contests requiring or involving the consumption of alcoholic beverages. ii. The number of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. In 2024, RD 33 had a higher percentage of alcohol -related crimes than RD 31 and RD 36 but a lower percentage than RD 34. The higher number of alcohol -related crimes compared to RD 31 and RD 36 is expected, given that the crime figure includes driving under the influence, public intoxication, and liquor law violations. These alcohol -related crimes are typically associated with commercial establishments. RD 31 and RD 36 are primarily residential and are unlikely to have 20-236 Docusign Envelope ID: 191771E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 18 of 22 similar crime incidents. The difference in crime rate was not substantial enough to warrant objection from the NBPD. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors a. There is an apartment complex less than 200 feet from the Property, across Irvine Avenue, two Montessori schools within a mile of the Property, and the nearest park, Mesa Birch Park, is approximately 670 feet east of the Property. The nearest church, OC Spiritual Center, is .7 miles to the north of the Property. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. a. There are two active On -Sale ABC Licenses within the general vicinity of the Property: a Type 41 (On -Sale Beer and Wine - Eating Place) at Sgt. Pepperoni's Pizza and a Type 47 (On -Sale General - Eating Place) at Original Pizza. Sgt. Pepperoni's Pizza is located approximately 2,500 feet away from the Property. Original Pizza is located on the Property and will be removed as part of the Project. b. There are three active Off -Sale ABC Licenses within the general vicinity of the Property: two Type 20 (Off -Sale - Beer and Wine) and one Type 21 (Off -Sale - General). License Type Address Distance from the Property Type 20 Off -Sale Beer and Wine 2121 Bristol St. 1,300 feet Type 20 Off -Sale Beer and Wine 2100 Bristol St. 1,550 feet Type 21 Off -Sale General 3530 Irvine Ave. 1,200 feet c. This location does not meet the legal criteria for undue concentration pertaining to crime (Business and Professions code section §23958.4) with a clear nexus to alcohol V. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There were 18 police dispatch events to the Property in 2024. None of the events resulted in arrests and there were no alcohol -related citations. b. There are no objectionable conditions presently occurring at the Property. Modification Permit In accordance with Section 20.52.050(E) (Modification Permits) of the NBMC, the following findings and facts in support of the findings are set forth: Finding: 20-237 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 19 of 22 J. The requested modification will be compatible with existing development in the neighborhood; Facts in Support of Findina: 1. The Project includes multiple retaining walls to the south, west, and north of the surfing lagoon. The retaining walls range in height from 5.5 feet above finish grade to a maximum of 16.4 feet above finish grade. All retaining walls will have a 6-foot security fence above. 2. The general area surrounding the Property features undulating hills and pronounced changes in grade. Irvine Avenue slopes from a higher elevation north of the Property downward to the intersection of Irvine Avenue and Mesa Drive. Mesa Drive slopes downwards, toward Irvine Avenue. The intersection of Irvine Avenue and Mesa Drive is the low point in the area. There are existing retaining walls along portions of the perimeter of the Property, along Mesa Drive. 3. The Ranch commercial center, at the southwest corner of Irvine Avenue and Mesa Drive, is on an elevated building pad, approximately 17 feet higher than the sidewalk below. The apartment complex across Irvine Avenue is also constructed on an elevated building pad. The grade differential between the sidewalk and the building pad for the complex is substantial enough to require a staircase for accessing the Property. Finding: K. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use, - Facts in Suaaort of Findina: 1. The high point of the Property occurs within the driving range, behind Fire Station No. 7. The Property slopes downward, toward the Santa Ana -Delhi Channel and Irvine Avenue beyond. There is an approximately 33-foot grade differential between the high point of the Property and the centerline of Irvine Avenue. The southern side of the Property is higher than the northern side. 2. The existing slope differential creates a physical hardship for maintaining adequate separation from the Santa Ana -Delhi channel and the Project. The height of the retaining wall extends for approximately 662 feet along Irvine Avenue and 70 feet along Mesa Drive. While that exceeds the maximum height, the remaining approximately 284 feet of the retaining wall along Irvine Avenue will not exceed the maximum height. Finding: L. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, 20-238 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 20 of 22 Facts in Support of Finding: 1. The civil plans prepared for the Project are designed consistent with the recommendations of the Preliminary Soils Engineering and Geologic Report provided, including the proposed heights of the retaining walls. 2. The intent of the NBMC to limit the height of retaining walls when measured from finish grade is to prevent tall walls that are visible from public rights -of -way and neighboring properties. The tallest retaining wall near Irvine Avenue is located behind the Santa Ana - Delhi Channel, setback 17 feet from the property line and over 140 feet from the center line of Irvine Avenue. 3. Visible portions of retaining walls would be screened with landscaping, which would shield the mass and soften the view. Finding: M. There are no alternatives to the modification permit that could provide similar benefits to the Applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; Facts in Support of Finding: 1. The surfing lagoon elevation and the finish floor of the buildings were designed with a goal of balancing the Property and maintaining access to the adjacent public streets. 2. The terracing of retaining consistent with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC walls has been incorporated into the design where feasible. For example, at the high end of the property, two terraced walls with a maximum exposed height of 8-feet each are designed along the southeasterly property line. 3. Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC requires a minimum horizontal separation equal to the height of the tallest retaining wall be provided between retaining walls, except that the required separation shall not be more than 6 feet. Terracing for all retaining walls is not feasible as terraced retaining walls along the the southern and western boundaries of the surfing lagoon would restrict the space available for the Project and would result in a reduced Project. Finding: N. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code, - Facts in Support of Finding: 20-239 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 21 of 22 1. The Property slopes toward the Delhi Channel. The retaining walls allow for back filling and leveling of an irregular site, resulting in a level pad and sufficient depth for the surfing lagoon. 2. The Building Division has reviewed the Project and conditions of approval are included to ensure the Applicant is required to obtain all necessary permits and to demonstrate compliance with the California Building Code and other applicable codes. 3. Approval of any City permits, including this modification permit, does not relieve the Applicant of the legal requirement to observe, covenants, conditions, and restrictions that may be recorded against the property or to obtain community association approvals. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the following actions to the City Council: a. Certify the Environmental Impact Report (SCH No. 2024110238), including the Response to Comments, and the Mitigation Monitoring and Reporting Program attached as Exhibits "B," "C," and "D"; b. Approve the General Plan Amendment filed as PA2024-0069 and attached as Exhibit "E"; and c. Approve the Major Site Development Review, Conditional Use Permit, and Modification Permit filed under PA2024-0069, subject to the conditions of approval attached as Exhibit "G." 2. Use Permit No. UP1594 shall remain in full force and effect, except as modified by PA2024-0069. PASSED, APPROVED, AND ADOPTED THIS 4T" DAY OF SEPTEMBER, 2025. AYES: Ellmore, Gazzano, Harris, Reed, Rosene, and Salene NOES: None ABSTAIN: None RECUSED: Langford 20-240 Docusign Envelope ID: 191771 E8-C7F1-49E1-8BFE-3B792F6FB991 Planning Commission Resolution No. PC2025-018 Paae 22 of 22 BY: Tvisfav, RaVV'is Tristan Harris, Chair BY: vm-� Sat VA, David Salene, Vice Chair ATTACHMENT(S): Exhibit A — Legal Description Exhibit B — Draft Environmental Impact Report (SCH No. 2024110238) Exhibit C — Response to Comments Exhibit D — Mitigation Monitoring and Reporting Program Exhibit E — General Plan Amendment Exhibit F — General Plan Consistency Analysis Exhibit G — Conditions of Approval 20-241 Attachment J Correspondence File available via link due to size: https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=3189715&dbid=0&repo=CNB 20-242 Attachment K ALUC Comment Letter 20-243 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY SLUG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 October 8, 2025 Newport Beach Mayor and City Council c/o Joselyn Perez, Senior Planner Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission Determination for Snug Harbor Surf Park Project at 3100 Irvine Avenue (General Plan Amendment) Mayor and City Council Members: We are in receipt of your September 11, 2025, letter notifying the Airport Land Use Commission for Orange County (ALUC) of the City of Newport Beach's (City) intent to overrule the ALUC's inconsistency determination on the Snug Harbor Surf Park project at 3100 Irvine Avenue General Plan Amendment). A copy of Resolution No. 2025-60 with the City's Findings of Fact adopted by the City Council on September 9, 2025, was attached. In accordance with Section 21676 of the Public Utilities Code (PUC), the ALUC submits the following comments addressing the proposed overrule findings for the above -referenced project. This letter is advisory to the City and must be included in the public record of any final decision to overrule the ALUC, which may only be adopted by a two-thirds vote of the City's governing body. Please be advised that PUC Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation. " Background On June 13, 2025, the City of Newport Beach submitted the proposed Snug Harbor Surf Park (Project) for a consistency review with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA). The Project site is located south of John Wayne Airport on the middle of the three parcels that comprise the Newport Beach Golf Course. The 15.38-acre Project site currently 20-244 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 ALUC Comments Newport Beach Notice of Intent to Overrule October 8, 2025 Page 2 includes a turf driving range, putting green, three of the golf course's 18 holes (holes 1, 2, and 9), a pro shop and restaurant building, and a surface parking lot. The Project would remove the existing improvements and develop a surf lagoon with warming pools, a spa, and seating areas; a three-story clubhouse; a two-story, 20-unit athlete accommodation building; ancillary storage and maintenance areas; and associated parking areas providing a total of 351 parking spaces. Solar panels would be installed on building rooftops and on carport structures in parking areas. At a Special Meeting on August 7, 2025, the ALUC reviewed the proposed Project and determined it to be Inconsistent with the AELUP for JWA based on land use intensity, safety, and noise exposure within established approach and departure corridors. The determination was based on AELUP Section 2.1.2 (Safety Compatibility Zones), which establishes criteria to minimize the number of people exposed to potential aircraft accident hazards; AELUP Section 2.1.3 (Height Restrictions) and Section 2.1.4 (Overflight), which address protection of navigable airspace and public awareness of aircraft operations; and AELUP Section 3.2.1 (General Policy), which allows a land use to be found inconsistent where it places people in areas adversely affected by aircraft operations or concentrates people in areas susceptible to aircraft accidents. On September 9, 2025, the City Council adopted Resolution No. 2025-60 declaring its intent to overrule and, on September 11, 2025, transmitted its Notice of Intent to Overrule to the ALUC along with the adopted findings. Response to Finding "a" Noise Exposure As noted in the City's finding, theAELUPfor JWA is intended to reduce public exposure to aircraft noise and maintain compatibility between airport operations and surrounding land uses. The Project includes multiple outdoor recreational and spectator areas within the 65 CNEL contour, with portions of the site extending into the 70 CNEL contour. The City's analysis relies on interior noise standards under the State Building Code and disclosure signage; however, these measures do not mitigate aircraft noise exposure in outdoor areas such as the surf lagoon, seating areas, or open-air gathering spaces. AELUP Section 3.2.1 (General Policy) emphasizes avoidance of exposure rather than mitigation through interior design or notification. The ALUC maintains that outdoor exposure to aircraft noise at this location is inconsistent with the purpose and intent of the AEL UP for JWA. Response to Finding "b" Safety / Intensit_y of Use in Safety Zones The Project site is located within the Safety Compatibility Zones for JWA. Approximately 38 percent (5.85 acres) ofthe siteis within Zone 2 (Inner Approach/Departure Zone), 22 percent (3.38 acres) within Zone 4 (Outer Approach/Departure Zone), and 40 percent (6.15 acres) within Zone 6 (Traffic Pattern Zone). The City classified the site as "Urban," but the ALUC determined that the site and surrounding area is Suburban in character based on existing low-rise development and surrounding land uses. Under the Suburban classification, the California Airport Land Use 20-245 Docusign Envelope ID: OBE6791 1 -B7EE-424B-BDF9-26DO6688D672 ALUC Comments Newport Beach Notice of Intent to Overrule October 8, 2025 Page 3 Planning Handbook limits intensity to 40 to 60 persons per gross acre (80 to 120 per single acre). Based on the project plans submitted and the City's estimate of approximately 5,000 to 10,000 spectators during special events, the project could result in occupancy well in excess of the land use compatibility standards defined by Caltrans in the Handbook. The congregation and attraction of a significant number of people to the project area represents an incompatible condition within Safety Zones 2, 4, and 6 under the AELUP for JWA. Response to Finding "c" Height / Part 77 / Navigable Airspace As noted in the City's finding, the proposed structures will not penetrate FAA Part 77 surfaces, and the FAA has issued Determinations of No Hazard to Air Navigation. The ALUC acknowledges this compliance but notes that AELUP Section 2.1.3 (Height Restrictions) provides that a Determination of No Hazard does not automatically equate to ALUC consistency. Accordingly, height compliance with FAA standards does not alter the ALUC's overall inconsistency determination. Response to Finding "d" Overflight Exposure The City's finding states that aircraft overflight frequency will not increase and that disclosure language will be provided to patrons. While flight operations at JWA will remain constant, the proposed project would substantially increase the number of people located beneath existing approach and departure paths. Flight track data from the John Wayne Airport Noise Office show that numerous aircraft pass adjacent to the site at altitudes as low as 500 feet above mean sea level. AELUP Sections 2.1.4 (Overflight) and 3.2.1 (General Policy) call for minimizing the number of people exposed to aircraft overflight. The ALUC concluded that concentrating large numbers of people directly under active flight paths is inconsistent with the intent and policies of the AEL UP for JWA. We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments. Sincerely, Signed by: L-84D 4FA86 Gera A. resnahan Chairman cc: Members, Airport Land Use Commission for Orange County Matt Friedman, Caltrans/Division of Aeronautics Vincent Ray, Caltrans/Division of Aeronautics 20-246 Attachment L Fiscal Impact Memorandum dated October 1, 2025 20-24 7 BERKELEY LOS ANGELES tE KEYSER MARSTON A S S O C I A T E S MEMORANDUM To: Joselyn Perez, Senior Planner City of Newport Beach From: Kevin Engstrom Date: October 1, 2025 Subject: Fiscal Analysis — Snug Harbor Project SAN DIEGO SAN RAFAEL Pursuant to your request, Keyser Marston Associates, Inc. (KMA) evaluated the potential fiscal impact of the proposed redevelopment of 3100 Irvine Avenue (Site) in the City of Newport Beach (City). The fiscal analysis considers the ongoing impacts on the City's General Fund created by the potential development of a 5.06-acre surf lagoon with warming pools, spas and seating areas; a three-story amenity clubhouse; a two-story athlete accommodation building; and ancillary storage and maintenance areas (Project) on the Site. The proposed improvements will replace the existing golf course uses on the Site. This overview is organized as follows: 1. Fiscal Impact Methodology 2. Project Summary 3. Existing Market Conditions 4. Project Fiscal Impact 5. Project Impact Comparison 6. Evaluation Summary FISCAL IMPACT METHODOLOGY The approach used in a fiscal analysis is to estimate public revenues based on specific parameters of the proposed development where appropriate (i.e. number and value of 777 S. FIGUEROA STREET, SUITE 2555 • LOS ANGELES, CA 90017 • (213) 622-8095 • WWW.KEYSERMARSTON.COM 2508004:NB:kee 16092.009.004 20-248 Joselyn Perez City of Newport Beach October 1, 2025 Page 2 residential units, commercial square footage, value and sales per square foot for commercial uses) or based on the projected number of residents, employees or visitors for revenues that generally vary by population, visitor and/or employment. This analysis utilizes the proposed development program and the existing improvements to estimate the Project's net impact on City General Fund revenues. City service costs are estimated based on the number of persons served (employees and visitors). The public service costs are deducted from the public revenues to derive the net benefit of the potential development to the City. Initial capital requirements and obligations are usually addressed through development impact fees or other project mitigations. PROJECT SUMMARY A summary of the project description is provided below: 1. The Site is 15.38 acres (670,127 square feet). 2. The Site is currently improved with a 38-bay partially covered driving range, a 1,050 square foot (SF) putting green, a 8,975 SF building that includes a pro shop (4,010 square feet) and a restaurant (4,956 square feet), a 2,782 SF service building, surface parking lot with 280 parking spaces, and three holes of the existing Newport Beach Golf Course (holes 1, 2, and 9). 3. The Project consists of a 5.06-acre surf lagoon (217,409 square feet) with warming pools, spas and seating areas; a three-story amenity clubhouse (50,341 square feet); a two-story athlete accommodation building (9,432 square feet); ancillary storage and maintenance areas, and associated parking areas with solar panels to provide onsite power.' These estimates provide the basis of the fiscal impact evaluation. PROJECT OVERVIEW An overview of the Project is provided below: 1 Reflects the General Plan square footage. 2508004:NB:kee 16092.009.004 20-249 Joselyn Perez October 1, 2025 City of Newport Beach Page 3 1. As a relatively new phenomenon made possible through technological advances, there are relatively few existing surf parks around the globe. While not exhaustive, the table below shows that while relatively new, these projects are becoming more prevalent. Project Location Project Location UrbnSurf Melbourne Melbourne, Australia Praia da Gama Campinas, Brazil The Wave Bristol Bristol, England Alaia Bay Sion, Swizerland Waco Surf Waco, Texas Surf Ranch Lemoore, California The Wave Park Siheung, South Korea Surf Stadium Shizunami, Japan Surf Snowdonia Dolgarrog, UK Palm Springs Surf Club Palm Springs, CA Atlantic Beach (Opening 8/16/25) Virginia Beach, VA 2. In addition to the existing surf parks, a number have been proposed throughout Southern California, including the DSRT Surf project which is currently under construction in the city of Palm Desert. 3. The existing surf parks often include ancillary restaurant, retail and surfing related commercial activities (e.g. rentals facilities). In addition, surf parks can include lodging and/or residential units as part of the development project. 4. The proposed scope of development is generally consistent with these other projects and is summarized in the table below: 2508004:NB:kee 16092.009.004 20-250 Joselyn Perez City of Newport Beach Project Summary2 General Use Plan SF Clubhouse Basement 4,605 Level 1 19,127 Level 2 16,922 Level 3 9,687 Subtotal 50,341 Athlete Accommodations Level 1 4,716 Level 2 4,716 Subtotal 9,432 Surf Lagoon 217,409 Building Area 59,773 Project Total 277,182 PROJECT FISCAL IMPACT A summary of the key fiscal model inputs and assumptions is provided below. City Revenues October 1, 2025 Page 4 The City revenues will be generated by property taxes, sales tax and other city revenue sources as discussed below. PROPERTY TAXES The property tax assumptions include the following: Z Reflects the General Plan square footage. 2508004:NB:kee 16092.009.004 20-251 Joselyn Perez City of Newport Beach October 1, 2025 Page 5 • The Developer indicates the Project construction costs are $125 million. Given the unique nature of the proposed development, the analysis assumes the project assessed value will be consistent with this total level of investment. • Properties in California are taxed at a 1.0% general rate applied to the assessed value of the property. • Traditionally, a city receives an allocated share of the 1% general property tax, with the balance going to other governmental agencies (e.g. County). The City receives 16.1% of the 1.0% general rate. • In addition to the base property tax, the City receives additional property taxes in lieu of Vehicle License Fees (VLF). The City's VLF funds are equivalent to 10.25% of the basic levy. SALES TAX The sales tax projections are based on taxable retail sales generated by the proposed uses, visitors or spending by residents of new residential units in the City: • The City's share of sales tax is 1.0% of taxable sales. • The proposed development will include restaurant and retail components, with a clubhouse building that includes over 45,000 square feet of above -grade commercial development. • Based on the proposed project, the analysis assumes the Project will generate an average of 700 visitors per day. For context, the average daily visitation in the City is estimated at 20,000 persons.3 TRANSIENT OCCUPANCY TAXES The transient occupancy tax projections are based on the nightly rental of the on -site athlete accommodations: • The City's transient occupancy tax is 10.0% of nightly room revenues. 3 Source: AIDE City of Newport Beach Fiscal Impact Model 2508004:NB:kee 16092.009.004 20-252 Joselyn Perez City of Newport Beach October 1, 2025 Page 6 • The Project will have 20 hotel/hospitality units. The analysis assumes these will be rented out for a period of less than 30 days; therefore, subject to the City's transient occupancy tax. • The Developer anticipates the Project will generate an average daily rate (ADR) of $300 per night. The Costar Hospitality Submarket Report for Newport Beach/Dana Point indicates the average market area ADR is $280 with a 70.0% occupancy level for all hotel types, including Luxury and Upper Upscale (e.g. Montage, JW Marriott, Autograph Collection, etc.) accommodations. In comparison, the average ADR of Upscale and Upper Midscale (e.g. Courtyard, Hyatt Place, Tapestry Collection, etc.) properties in the market area is $167, with a 74.3% average occupancy level. The analysis assumes the Project will generate an ADR and occupancy level consistent with the market area average of $280 and 70% occupancy. OTHER CITY REVENUES The Other City revenues include revenues such as business licenses, franchise fees, licenses & permits, charges for services and other miscellaneous revenues sources. The key assumptions include: • The projections are based on a per capita basis. The Developer anticipates the Project will hire 70 employees. In addition, the Project visitors will also have a fiscal impact on the City. • The per capita revenues are based on line -items taken from the City Budget. • Based on the total per capita revenues in the City, a discount is assumed reflecting the likely impact of development on these revenue streams. The discount ranges from 0% to 100% depending on the fixed nature of the revenue stream and likely impact of the development. The analysis makes this adjustment for Charges for Services and Licenses & Permits. CITY REVENUE SUMMARY Based on the foregoing factors, the projected City revenues generated by the Project are estimated at $760,400 annually, as shown in the table below. 2508004:NB:kee 16092.009.004 20-253 Joselyn Perez City of Newport Beach Annual City General Fund Revenues Proposed Revenue Source Project Property Tax $201,170 Property Tax in lieu of VLF $20,620 Sales Tax $367,580 Transient Occupancy Tax $143,080 Franchise Taxes $2,260 Business Licenses $2,300 Other Intergovernmental $980 Charges for Service $7,840 Fines, Penalties, and Forfeitures $1,630 Licenses and Permits $200 Use of Property $6,860 Other Revenue $1,530 Interest Income $4,350 TOTAL REVENUE $760,400 City Operating Costs The City operating costs assumptions are addressed below: October 1, 2025 Page 7 • City operating cost projections are made on a per capita basis, including Project employment and visitors. • Given their fixed nature, the General Government costs are assumed to be 12.1% of the other City expenses for the Project. 4 • Police cost estimates are based on the City's historic allocation of these expenses on a per capita basis for services to city visitors and retail/service commercial development. 5 • The Fire costs are based on the City's historic allocation of these costs on a per capita basis, with consideration given to the Project visitors and property taxes it generates.6 4 Ibid 5 Ibid 6 Ibid 2508004:NB:kee 16092.009.004 20-254 Joselyn Perez City of Newport Beach Annual City General Fund Expenses Proposed Expense Project General Government $53,920 Police $148,260 Fire $252,910 Public Works/Utilities $17,420 Streets/Transportation $24,290 Community Development $1,270 Community Services $0 Net Transfers Out $6,620 TOTAL EXPENDITURES $504,690 Project Impact October 1, 2025 Page 8 Based on the foregoing assumptions, the net project impact is $255,700 annually. Net General Fund Impact Proposed Project Total Revenue $760,400 (Less): Total Expenses ($504,690) Net Project Impact $255,710 PROJECT IMPACT COMPARISON As the bulk of the City is currently built out, this often leads to the replacement of existing improvements. These existing uses may have a positive or negative impact on the City's general fund, thus the fiscal analysis needs to also consider the replaced development. As previously noted, the Site is currently improved with existing golf course uses on the Site. Data from the Orange County Assessor indicates the assessed value of the project is $2.97 million.' Based on the mix of uses, the existing improvements would be consistent with the General Fund revenue County Assessor — 2024 Assessment Year. 2508004:NB:kee 16092.009.004 20-255 Joselyn Perez City of Newport Beach October 1, 2025 Page 9 and expense assumptions for Retail and Service Commercial properties in the City. Data from the City indicates 47 current employees on the Site and the analysis assumes the sales tax generation of the existing improvements conforms with citywide average for Retail and Service Commercial establishments.$ The fiscal impact of the Project is compared to the existing improvements in the table below. Net General Fund Impact - Proposed & Existing Project Proposed Existing General Fund Revenues Project Project Property Tax $201,170 $4,780 Property Tax in lieu of VLF $20,620 $490 Sales Tax $367,580 $34,300 Transient Occupancy Tax $143,080 $0 Franchise Taxes $2,260 $1,520 Business Licenses $2,300 $1,600 Other Intergovernmental $980 $660 Charges for Service $7,840 $5,260 Fines, Penalties, and Forfeitures $1,630 $1,090 Licenses and Permits $200 $130 Use of Property $6,860 $4,610 Other Revenue $1,530 $1,030 Interest Income $4,350 $320 General Fund Revenue $760,400 $55,790 General Fund Expenses General Government $53,920 $7,050 Police $148,260 $29,110 Fire $252,910 $10,830 Public Works/Utilities $17,420 $11,690 Streets/Transportation $24,290 $5,590 Community Development $1,270 $850 Community Services $0 $0 Net Transfers Out $6,620 $4,450 General Fund Expenses $504,690 $69,570 Net General Fund Im 8 Source: AIDE City of Newport Beach Fiscal Impact Model 710 2508004:NB:kee 16092.009.004 20-256 Joselyn Perez October 1, 2025 City of Newport Beach Page 10 EVALUATION SUMMARY The key findings of the analysis are provided below: • The Project has a positive impact on the City General Fund of $256,000 annually, compared to the existing improvements which have a negative impact of $14,000. • Nearly 20% of the revenues are transient occupancy taxes which will be generated by the 20 on -site units. The City will need to confirm these units will be rented for less than 30 days, to ensure transient occupancy taxes are collected. • While not as high as the Developer's estimate, the analysis assumes the performance of the lodging units is consistent with the market area average, assuming a relatively high ADR of $280. As a cross-check, the impact of the Project was tested to evaluate if the performance is more in line with the Upscale and Upper Midscale properties in the market area. Under this scenario, the impact of the Project is still positive at $168,000 annually. Net General Fund Impact Proposed Project Total Revenue $672,670 (Less): Total Expenses ($504,690) Net Project Impact $167,980 • Nearly 50% of the Project revenues are sales tax, which will be generated both on and off site. The on -site revenues will be dependent on the success of the retail and dining establishments in the Project. The Project visitors will also generate sales tax; however, these will be offset by City service costs, primarily police and fire. 2508004:NB:kee 16092.009.004 20-257 Attachment M Project Plans 20-258 SNUG HARBOR NEWPORT BEACH SITE DEVELOPMENT REVIEW A-0.0 SNUG HARBOR BACK BAY BARRELS, LLC MVE + PARTNERS COVER NEWPORT BEACH, CA 92660 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA92660 IRVINE, CA92614 20-259 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 JUNE 17TH 2O25 PROJECT SUMMARY SITE ADDRESS 3100 IRVINE AVE, NEWPORT BEACH, CA 92660 CONTACT APPLICANT BACK BAY BARRELS, LLC 3B57 BIRCH STREET, SURE 521 NEWPORT BEACH, CA 92660 CONTACT: STEVE COYNE PHONE: 949.300.9632 CIVIL FUSCOE ENGINEERING, INC. 15535 SAND CANYON AVE IRVINE, CA 92618 CONTACT: GREG ATTARD PHONE: 949.474.1960 PROJECT DESCRIPTION ARCHITECT MVE+PARTNERS 1900 MAIN STREET, SUITE 800 IRVINE, CA 92614 CONTACT: PIETER BERGER PHONE: 949.809.3388 LANDSCAPE CONCEPTUAL DESIGN + PLANNING COMPANY 1675 SCENIC AVENUE, SUITE 200 COSTA MESA, CA92626 CONTACT: JENNIFER FREDERICK PHONE: 949.399.0870 PROPOSED OUTDOOR COMMERCIAL RECREATION PROJECT CONSISTS OF TWO MAIN BUILDINGS. THE SITE CONSIST OF 15.384 ACRES. • CLUBHOUSE: 3-STORY, TYPE VA, WITH ONE LEVEL BELOW GRADE, FULLY SPRINKLERED. • ATHLETE ACCOMMODATIONS: 2-STORY, TYPE VA FULLY SPRINKLERED. ZONE ADDRESS: 31OOIRVINE AVE, NEWPORT BEACH, CA 92660 APIN 11920041 ZONE: SP-7(OSR) DESIGNATION: LAND USE DESIGNATIONS. THE FOLLOWING LAND USE DESIGNATIONS ARE ESTABLISHED FOR THE SANTA ANA HEIGHTS SPECIFIC PLAN AREA OPEN SPACE AND RECREATION DISTRICT: SP-7 (OSR). LAND USE AND DEVELOPMENT STANDARDS FOR SANTA ANA HEIGHTS SHALL BE IN ACCORDANCE WITH EXHIBIT 21.90-1, LAND USE MAP —SPECIFIC PUN DISTRICT NO.7, AND THE PROVISIONS OF THIS SECTION. PRINCIPAL USES ALLOWED. THE FOLLOWING PRINCIPAL USES ARE PERMITTED: OUTDOOR COMMERCIAL RECREATION. LOT INFORMATION REQUIRED: BUILDING SITE AREA. ONE ACRE MINIMUM LOT AREA: 15.394 ACRES HEIGHT HEIGHT PROPOSED: 59 - 0" (CLUBHOUSE - MEASURED FROM ESTABLISHMENT OF GRADE) 40' - V (ATHLETE ACCOMMODATIONS - MEASURED FROM ESTABLISHMENT OF GRADE) SETBACKS REQUIRED: BUILDING SETBACKS. TWENTY (20) FEET MINIMUM FROM ALL PROPERTY LINES. PROPOSED: BUILDING SETBACKS ARE URGER THAN 20 FEET ALL AROUND THE PROPERTY. SEE SETBACK AND DIMENSIONS ON SITE PUN. SETBACK MEASURED TO THE FACE OF FINISH NOTE: 1. THE APPLICANT PREVIEWED THE PROJECT WITH THE ORANGE COUNTY HEALTH DEPARTMENT ON JULY 23, 2024 AT AN IN PERSON MEETING. PRELIMINARY FEEDBACK WAS MINIMUM AND PROJECT WAS WELL RECEIVED. FINAL APPROVAL WILL BE OBTAINED DURING PERMIT PROCESS. BUILDING AREA GENERAL PLAN SQUARE FOOTAGE - CLUBHOUSE LEVEL I PROGRAM I AREA LEVEL2 CORRIDOR 18,451 SF 78 SF LEVEL2 FITNESS 3,150 SF LEVEL2 MEMBER LOCKERS / SPA 2,317 SF LEVEL2 MEP 539 SF LEVEL2 REST. 1,073 SF LEVEL2 STORAGE 321 SF LEVEL2 STORAGE/BOH 409 SF LEVEL 2 THE POINT LOUNGE 6,703 SF LEVEL 2 YOGA 1,732 SF 16,322 SF LEVEL3 CORRIDOR 67 SF LEVEL3 MEP 366 SF LEVEL3 RECORDING STUDIO 2,125 SF LEVEL3 REST. 232 SF LEVEL3 SERVICE 400 SF LEVEL3 STORAGE 168SF LEVEL3 VIP 5,806 SF 9,164 SF 48,251 SF GENERAL PLAN SQUARE FOOTAGE - A. A. LEVEL I PROGRAM AREA ATHLETE ACCOMMODATIONS LEVEL 1 10 UNITS 4,594 SF 4,594 SF ATHLETE ACCOMMODATIONS LEVEL2 10 UNITS 4,594 SF 4,594 SF 9,187 SF TOTAL GENERAL PLAN SQUARE FOOTAGE: 57,438 SF EXCLUDED AREA FROM GENERAL PLAN S.F. - CLUBHOUSE LEVEL PROGRAM AREA LEVEL B1 STORAGE 1, GOLF CART STORAGE 13,495 SF LEVELS STORAGE 2, FACILITY STORAGE 5,359 SF LEVEL Bi STORAGE 3, SURFBOARD STORAGE 6,802 SF 15,655 SF LEVEL 1 BOARD STORAGE 515 SF LEVEL 1 REST. ?5.856 SF 2,050 SF 1,535 SF F EXCLUDED AREA FROM GENERAL PLAN S.F. LEVELI PROGRAM I AREA ATHLETE REST. 703 SF ACCOMMODATIONS LEVEL 1 ATHLETE STORAGE, FACILITY 846 SF ACCOMMODATIONS STORAGE LEVEL 1 TOTAL EXCLUDED AREA FROM GENERAL PLAN SQUARE FOOTAGE: 19.255 SF TOTAL GROSS SQUARE FOOTAGE: 76.693 SF VICINITY MAP JOHN WAYNE AIRPORT SANTA ANA COUNTRY CLUB II 73 oW / IRNNE AVE o�c>/ SITEIle ORJ P UPPER NEWPORT BAY NATURE PRESERVE S UPPER NEWPORT BAY STATE J MARINE CONSERVATION AREA " PARKING SUMMARY REQUIRED: As required by city approved parking demand study PROPOSED: 351 Parking Stall& PARKING SCHEDULE LOCATION TYPE I WIDTH I LENGTH I COUNT NORTH ADA 9'-0.. 18.-0.. 5 NORTH ADAAMBULATORY EV 10'-0" 18.-0.. 1 NORTH ADA EV 9'-0.. 18.-0.. 1 NORTH ADA VAN 12' - 0" 18' - 0" 1 NORTH ADA VAN EV 12'-0" 18'-0" 1 NORTH EV 8'-6" 17'-0" 26 NORTH EVSE 8'-6" 17'-0" 9 NORTH STANDARD 1 8'-6" 17'-0" 1 127 SOUTH ADA 1.-0.. 18' - 0" 5 SOUTH ADAAMBULATORY EV 10'-0" 18.-0.. 1 SOUTH ADA EV 9.-0.. 18' - 0" 1 SOUTH ADA VAN 12' - 0" 18' - 0" 1 SOUTH ADA VAN EV 12' - 0" 18' - 0" 1 SOUTH EV 8'-6" 17'-0" 26 SOUTH EVSE 8'-6" 17'-0" 9 SOUTHI STANDARD 1 8' - 6" 17' - 0" 136 NOTE: 1. EVCAPARLE. EVSE AND EVACCESSIBLE PAR KING WILL COMPLY WITH TABLE 5.106.5.3.10E CAL GREEN AND TABLE 1111 .3.2.1 OF CBC. 3. THE DIMENSIONS OF PARKING STALLS AND DRIVEAISLES WILL COMPLY WITH NEWPORT BEACH CITY STANDARD 805. NOTE: PER CRYOF NEWPORT BEACH MUNICIPAL CODE, TIRE 20 PLANNING AND ZONING, CHAPTER 20.70 DEFINITIONS. 20.70.020 DEFINITIONS OF SPECIALIZED TERMS AND PHRASES, FLOOR AREA, GROSS. 2. MULTIUNIT RESIDENTIAL (THREE -PLUS DWELLINGS). MIXED USE. AND NONRESIDENTIAL STRUCTURES. A. FOR MUL7I-UNIT RESIDENTIAL, MIXED -USE, AND NONRESIDENTIAL STRUCTURES, THE FOLLOWING AREAS SHALL BE INCLUDED M CALCULATIONS OF GROSS FLOOR AREA: 1. THE AREA WITHIN AND INCLUDING THE SURROUNDING EXTERIOR WALLS:AND R ANYMTERIOR PORTION OF A STRUCTURE THAT IS ACCESSIBLE AND THAT MEASURES MORE THAN FOUR FEET FROM FLOOR TO CEILING. B. THE FOLLOWING AREAS SHALL BE EXCLUDED: 1. STAIRWELLS AND ELEVATOR SHAFTS ABOVE THE FIRSTLEVEL: IL OUTDOOR DINING AREAS ASSOCIATED WITH AN EATING AND DRINKING ESTABLISHMENT. AND I8. PARKING STRUCTURES ASSOCIATED WITHANALLOWED USE WITHIN THE SAME DEVELOPMENT. SHEET INDEX ARCHITECTURE A-0.0 COVER A-0.1 PROJECTSUMMARY A-0.2 SITE PLAN A-0.3 GRADE ESTABLISHMENT A-0.4 SITE CONTEXT IMAGERY A-0.5 CODE ANALYSIS - LEVEL B1 + LEVEL 1 A-0.6 CODE ANALYSIS- LEVEL 2+3 A-1.0 FLOOR PLAN - SHORELINE A-1.1 FLOOR PLAN - FLOOR PLAN - LEVEL B1 + LEVEL 1 A-1.2 FLOOR PLAN - FLOOR PLAN - LEVEL 2+3 A-1.3 FLOOR PLAN - ATHLETE ACCOMMODATIONS LEVEL 1 + 2 A-2.0 BUILDING ELEVATIONS A-2.1 BUILDING ELEVATIONS A-3.0 BUILDING SECTIONS A-4.0 BUILDING PERSPECTIVE CML C-01 TITLE SHEET C-02 EXISTING CONDITIONS C-03 CONCEPTUAL GRADING C-04 CONCEPTUAL UTILITY C-05 SECTIONS C-O6 ALTA NSPS LAND TITLE SURVEY C-07 ALTA NSPS LAND TTLE SURVEY C-08 ALTA NSPS LAND TITLE SURVEY �LunL7.3R L-1 SCHEMATIC PLAN L-2 LANDSCAPE PLAN ENLARGEMENT —AMENITY DECKS L-3 LANDSCAPE PLAN ENLARGEMENT— MAIN ENTRY & WEST PARKING LOT LA LANDSCAPE PLAN ENLARGEMENT —SURF SCHOOL TRAINING LAWN & SHORELINE PERIMETER L-5 LANDSCAPE PLAN ENLARGEMENT- IRVINE AVENUE ENTRY L-6 PLANT PALETTE & IMAGERY SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 A-0.1 PROJECT SUMMARY 20-260 JUNE 17TH 2O25 r 0 xRV xIA Pv E� f SOLAR T IS ABOVE PARKING CONCEPTUAL ENTRANCE SIGNAGE !TYPICAL) (SIGNS UNDER SEPARATE B a REVIEWS AND PERMITS) • -•- y` " fillig OPEN DURING HOURS OF _ OPERATION D• �- 1 N _ _ i TURN AROUND - 3cp F'- _ NORM SELF-CLOSING/SELF-LATCHING GATES f�fs°.�%yG � yy� Q FV `408"C48 f2Z . • I o - �` ryo R? , 0 �'V S C SAC(: pb' g, 6 _ 8 6•• A o>• E"= �_�_ ._ - _._ - - _ " ",LLB'= J s�r�� + • .gym 2 0� �A gNFVC (f f ` GATE . , •, AOAA"'UCAr g-evs A<<1 O'er aof ,p^m _""� oow VEHICLE L *ING4 4 ZONE /J -" GOLF CART START CHECK -IN POINT S, — — v — — — — Y 6'-0" FACILITY V WALL j _� y I?'_ JI TURN AROUND SPACE PARKING �'+ •�SEE LANDSCAPE LONG-TERM BICYCLE ! DWG o -HEATING EQUIPMENT (60 HEATERS) ' \\ - 6" 8'-0" FACILITY WALL ONLY AROUND SERVICE AREA _ J p SERVICE AREA ' � o v/ N 18'-p" BASIN t /00�m \\ SOLAR TREWS ABOVE WAVE HARING SOLAR TRELLIS ABOVE (TAAL)APICIo EQUIPIvENT (TYPICAL) D _N 2,187,217'-613/32" LED SCREEN ~E 6,065,590'- 10 45/256" MAX HEI OF MECHANICAL EQUIPMENT: 1 " CONCEPTUAL MONUMENT SIGN ..J� '- ti aP (SIGNS UNDER SEPARATE ! SOUTH PARKING U REVIEWS AND PERMITS) / STANDA180 RD STALL:ING 78' STMIDPRD STALL: 136 STANDARD VSTALL: 26 I I AAA L a ALL ADA VANN STALL LL: 10 ! I PROPOSED RAMPADA EV STALL: 1 ADA VAN EV STALL: 1- 18' iR EVTrn J ,9n DRIVE AISLE ADA AMBULATORY EV:1 r - � BROWSIGNAGE (SIGNS UNDER SEPARATE c r REVIEWS AND PERMITS) 4 CLUBHOUSE 1 POOL �. - # WAVE MAKING EQUIPMENT I FF 38'0" - B LEVELS 3 Aa F "= PENMSUL<`am � P` (ABOVE GRADE) f . 26 " MAX HEIGHT 50'0' �-++ *+ LED SCREEN DRIVE AISLE A, DROP OFF Li FF 4£0" '■ 1� .'2.// 1 26'- LBFF 26r'B" yLys mq I A ry6 o P DRIVE AISL I _ _� a � ��l/,c� F 3PP YSG 2p 110 l m BASIN PROPOSED RAMP \ RETAINING WALLS !! ` 1 H TRASH ENCLOSURE HEIGHT: 12'-0 (LESS THAN FIT IN HEIGHT TO TOP I 1'' , OF RETAINING WALLS) I ENCLOSURE SHORT-TERM BICYCLE PAR G // 3 J ,p5 GATE OPEN DURING HOURS OF OPERATION RN ABOUND CONCEPTUAL lJN NCESIGNAGE (SIGNS UNDER SEPARATE I(JJ � REVIEWS PND PERMITS) SELF-CLOSING/SELF-LATCHING -h GATES + / RIGHT IN, RIGHT OUT INTERSECTION SERVICEGATE _ y POOL FENCE � '•� :-�w POOL 1N A000 S /. s� o aTo �r o S9 f \ tea, ros Ot .� t 66,1 r0F 90FO,K. ltis ti SNUG HARBOR BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE NEWPORT BEACH, CA 92660 N WPORT EACH, CA9 66021 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 MVE + PARTNERS 1900 MAIN STREET, SUITE 800 IRVINE, CA 92614 PHONE: 949.809.3388 O A-0.2 SITE PLAN 201W 10.-0,. JUNE 17TH 2O25 - J � 7 s _ _ 4. _ (5 3-17 9) 1954 3 81%' s .. 954 - a d, —-----————— -- — ' - 1 / t N 2,187,217' - 613/32" _ , E 6,065,590' -10 45/256" GROUN EVEL PAD 41' Q) N ROUND LEVEL FF 42'zt _ - r r o N .. 1 BASEMENT D 2T - N O 4 BASEMENT 28' bo PAD 41' .� + 42.2' a.. AD 4 Jr s S PAD 47' + 53.5' O A-0.3 BACK BAY BARRELS, LLC MVE + PARTNERS SNUG HARBOR GRADE ESTABLISHMENT 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE:949.809.3388 JUNE 17TH 2O25 Mesa Or ••� ft ,. �. �"ice 'i` .� r 40 • i+ ,ram S£, . rp ��.� e -- • . J, k i. `` m •�� - - - -- .r�x. ..air --- - - IL �G l CLUBHOUSE (BLDG 1.1) - L1 LOCATION OCC. LOAD AREA OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURF SHOP M 2,740 SF 19 RESTROOM Sm1 300150 2,058 SF 7 EGRESS PLAN & MAX. AREA OF EXTERIOR WALL OPENING CLUBHOUSE (BLDG 1.2) - L1 LOCATION OCC. LOAD AREA OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURFSHOP M 150 2,740 SF 19 RESTROOM S-1 300 2,058 SF 7 RESTROOM RESTROOM 1,464 SF 2,058 SF 10 7 O.: :. O 4-J°T. ACADEMY SURFSHOP 3,299 SF 217, 0 SF LEVEL-1 22 19 CLUB HOUSE - B1 LOCATION OCC. LOAD AREA OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURF SHOP M 150 2,740 SF 19 RESTROOM 8-1 300 2,058 SF 7 LEVEL - B1 M ACCOMMODATIONS - L1 LOCATION AREA OL RESTROOM 1,464 SF 10 ACADEMY 3,299 SF 22 SURF SHOP in 2,740 SF 19 RESTROOM 2,058 SF 7 EXIT, TYP (106 OL EACIQ - DOOR: 106 x0.2 = 22" 22" RED. / 7T PROV. Ap6 EXIT, TYP (13 OL EACH) -STAIR: 13x0.3=4' 4' RED. / 48' PROV. �43 . N 1 6 9 20 OR GREATER: OPENING NO LIMIT ON IMAGINARY I Y_� PROPERTY LINE KITCHEN RESTAURANT STORAGE RESTROOM 1 ,7064 4SF 6,342 7SF 1,235 SF 1,5760 SF 22 MEP 472 SF 2 IT STORAGE Ex7rn3aTlhl 3,547 SF �t "° -- 12 � _ � o ♦ Alt _ EXIT#1 (40 OL( 40 0.2=8" -DOOR: x 8" RED. I W PROV. - STAIR: 40 x 0.3" =12' 12"RED. /48"PROV. STORAGE CIRCULATION STAFF 5,4411 SF 2,8488 SF 1,208 SF 19 1 SURFSTORAGE 6,870 SF 23 EXIT11 (a OL) -DOOR: 40x 0.2=8" 8" RED. / W PROV. - STAIR: 40 x 0.T =12" 12" REQ. 1488 PROV. ACCOMODATIONS 4,856 SF 25 EGRESS PLAN LEGEND _= E)ff tl o� of rnArTL I�I eRWf lwTAGE O0.-1RN4 L[Yl1 NAlFK[F oOLTPAM5�1c EQ+h�v+A0LES6CO W ONENr9 ENtArx;Eel-Alw:4 _ _ m11HOIMwM oaTArHCE ic•Ft+H.,r.r o+cANi ousaNr3mrvA° Fm ,FrAP,ArIo••Ir-r • Farr F(PMArlpl • . TAAYE+D9TAH[T TO Ni ESTEUT • . M+ YM41En PAin OF ECddxY. TAYRk PerAlr¢ BUILDING CODE ANALYSIS - CONT. C. ALLOWABLE AREA . ATHLETE ACCO4wOMTIpNS IPMI: SINGLE OCCUPANCY. MUL1147ORY SLOG -ALLOWED: 720011 SF -PROVIDED 9-1875F TAVE bLc Y3V4A3'h .E SEA, ux �y r.i .3 v . e.r 7mo �Mooc • o:. � L CUM NOISEµ s S MI. MLXED43CCIJPµICY, MULTISTORY BLDG • AREA; ALLOKO VS. PROPOSED Alf A] am NIlT e remo aAm Eanr.,. V • A AASTAa 1i M 91 ao 2N¢ Fr=Yfi -EOWT![7T4 Sy TIT+E xc AA UUH1,Y/AIE NHEAI 4 - ^G..•,". AtAA] AfOm x,eo �t,La Y-A 9 Ruu M9]I 1d 0.0 AMFgt esom AS 000 la lrp rc IF.v.vn�w,n.les:Fh.o>y>m:�:CAxeeA•3 rcnl�t wi u-Arl1A+ICNi M IbrR wo�..fern N FRy N4•IIHA wtF�I105t3I.5t�. pl"w r.e.ew, 16 Tr,�M wNmna��sEM7Nw'AFSF=aq•.a+Fe liwt, 1 Atilab me•e anab�lmraF,•drd.ed n=avdae.,n xnv i'F: . SEC,IONMAI OL,^WAMe.ILINNG AREA ,rn,. •..eolcA •..accca ra.wxocc Amr •..aaca: sl ,� NM�.w waoccA •r.�wNwdocxa • Aa.n.waoxM • Aw.rF�•r.wacc•+ • Am +3RA 1.m 6,Axr • •ow•oIo•ov,o+s•o.m•rvo MAm xi III Mnm :mF 3. C4V.6 CONSTRUCTION TYPE TYPE V . A 4. CJIP-7 FRE AN06M U PROTECTION (BEE 87TE PUN iEXleR L-lI - TABLE 106a MAxIMuM AREA OF DC ERDR WALL OPENINGS Fqa sFJrFAarvM asAlFCF o[on��f onEn•Hc Auo'nxa-[A+�.. oew.Ir.T IUFPEFwrrrEo x.b _s 3' m ba l•n +r 2bA HRutca,rK +Rewmr,e �, +Y t Las nm N xsa Nm pev NOW R 5.GHP.9 FIRE PROTEO7gN AND LIFE SAFETY SYSTEM SFi; F ION YJf 31 NFpA 13SIFAKER SYSTEM 8. CHIP. t0 MEANS OF EGRESS - SEE DP.OIAS1 I. Z. 3, A 65! AD - WNIN91M MEANS OF EGRESS SITING. STAIR FACTOR 02 HSEDOHCN lom 31 EXP.11 OTHER EGREE COMPONENTS a15 (SECTION 10M.82 EXP: ) AN EMERGENCY VOICE ALARM COMPUROCATIOH SYSTEM PER SEC 907.5221E REQUIRED -MWOMUM COMMON PATH OF EGRESS TRAVEL DISTANCE rCBC 2022 -TABLE ION 2. M I R•2(RESIOENTIAL) -42 (1YITHSRRWKLERSI B IAMENTY1 =1 DD (W ASPRIWAERSI A.2 NF�STAURANT.I =75 1tA9THSPRD*LERSl X3 [AATEilIYY1 =rS' (WTHSPRKKIE%iGl S I STRASH A STORAGE) -IV IWITHSPRNKLERSI S2sPARfING CvWAOEI =1Dtl IMX (WITH SPPoNq-ERSI EXIT ACCESS TRAVEL DtSTA ACE ICDC 2M • SECTION E017]/ R2 IRESRIENRIL) 25U IWRHSPftlHNLERSI B IAMENRYI *i0G (WITHSPRWNLEHSI A 2XSTAIIRV=TI =270 DYrTH$PWN_ERSj A-3[ANEWTYI =259 AWTHSPWNIGERS1 S1(TRASH d STORAGEI 25G OWTHSPRP#lER81 5.2;PARXING BARAGEi W0 (WrTHSP"&4ERSI - DEAD ENDS RESCENT1µ DEAD ENO CORRg10R5 SHALL NOT EXCEED BD IN LENGTH PROJECT SUMMARY 1- PROJECT NAME - SLING HARBCR 2L PROJECT ADDRESS r APML •3100 IRVINE AVE HFWPORt MACH. CA 9M a 1IW20641 3. "nlECT DESCRIPTION . PROPOSED OUTDOOR COWIERCLAL RECREATION PROJECT CONSISTS OF TWO MAIN BUILDINGS L LOT MDRIMITIDN: -LOT SIZE 15394 ACRES=670. 121.04 SFI -ZONING: SR7[OSDI - LOT DESIGNATIONLAND USE DESIGMTONS THE FOLLOWING LAND USE DESIGNATIONS ARE ESTABLISHED FOR THE SANTA AM HEIGHTS SPECIFIC PLAN AREA OPEN SPACE AND RECREATION DI$TRCT SP 7 40SR4 LAND USE AND DEVELOPMENT STANDARDS FOR SAHA ANA HEIGHTS SMALL 0E IN AD(,(1AdAM„�E WITH E104181T 21.9d1 LAND USE MAC SPECIFIC RAN D15TRCT NO 7 AND THE FRWEStO1450F Tm$ SECTNON. MNICIPAL(USES ALLOWED THE FOLLOWING PRINCIPAL USES ME PERMITTED OUTDOOR COMF+ERCuI RECREATON S BUILDING AREA (PER OCI:OPANCY TYPE] SFE M1 I FDA AREA SL MIARY PER LEVEL &PROGIVIO RiFE6et• F,AC•HO ocLwAeKY of wl EROCre vF A-i 6b7/ REe7AWµT A, 1AG19 rO6A FITFE65.51M Flw-. N z.:lu wRFSTwAE st 9Frs SrCrO+FE uEp Ri.+ON 9B9vCE NAM 4PL M ATHLETE .2 VIA 201IRe[+A UHR3 kil ApLpy3pA7pM5 - Alm TmA1 e,s sl t6,N '•TORA:� GO+F LART 0.ue1•OWE Sul 1414T DINE^A, ATH,,ETE st r.W s'. oHwEAEmnouM RAH LYULEb ALCCICDATC.MS rwY I,w oTAL I/m GAA to T07AL "ANT ZONING ANALYSIS 1- NEBO LIMIT: -ALLOWED: 0-0' -PROPOSED, 60 •T (CLU8H1l�JSE ME0.5URED FRDM EbTADLISWENT OF GPADEI N'- 0" rATHLETE ACCOWDDATCNS - ME.kSJRE 0 FROM ESTABLJSHNEWT OF GRADE I L SETBACK REOUtREMENT . REOUIRED 27 -PRCPOSED MNIMUFA 2T 1SEE SITE PLAN) BUILDING CODE ANALYSIS 1-CRP.3 OCCUPANCY CLASSIFICATION AND USE - SECTION 303, 3016 311 IUAOFr: u� nMx cL.aeFCATCN IAESrAIA AYr A: 0.MA }CASE N-.WENY OFFICE e ,nnsre rcCw.•ti�OAnorMs z, Ha+EIs [+WTpIEN+ Ar+[Er=ucoMxo¢t*+oHs S CHAGE 3 2 CHP.6 BUILDING HENGHT AND AREA A TABLE SM.3 BUILDING HEIGHT ..Lb-- itt=E occ wnxEO FSvu[Eb A3 cweHcuse v.A �crr wFr M �Snf•E a I COAIUCe.A7ioHs � n 'rysT OFT e R. TABLE SU.3 ALLOWABLE NILMINER OF $TORY BULpnO nPE OCC N:ONEO F•NY6[b LwenOu.',E v n AT 3 AM£E • + ,ACLOI.ILCQATbG v.A e , x SNUG HARBOR NEWPORT BEACH, CA 92660 SITE DEVELOPMENT REVIEW BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE 521 NEW PORT BEACH, CA 92660 PHONE: 949.300.9632 MVE + PARTNERS 1900 MAIN STREET, SUITE 800 IRVINE, CA 92614 PHONE: 949.809.3388 A-0.5 CODE ANALYSIS - LEVEL B1 + LEVEL 1 20-2640,_0„ JUNE 17TH 2O25 LEVEL-3 LEVEL - 2 CLUB HOUSE - L3 LOCATION OCC. LOAD AREA I OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3IN SF 22 SURF SHOP M 150 2,740 SF 19 RESTROOM 8-1 300 2,058 SF 7 STAIRAI, p30L) - STAIR: 73 x0.3 = 22" 2T RED.I 48" PROV. RESTROOM 545 SF 4 MECHANICAL WELL open C, sk STUDIO 2,141 SF 15 CLUBHOUSE (BLDG 2.1) - L2 LOCATION OCC. LOAD AREA OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURF SHOP M 150 2,740 SF 19 RESTROOM 8-1 300 2,058 SF 7 M EGRESS PLAN & MAX. AREA OF EXTERIOR WALL OPENING STORAGE 740 SF 3 FOR CIRCULATION ONLY MECHPNICPL WELL open 10 sky VIP 1,047 SF 21 CLUBHOUSE (BLDG 2.2) - L2 LOCATION OCC. LOAD AREA OL RESTROOM B 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURF SHOP M 150 2,740 SF 19 RESTROOM 8-1 300 2,058 SF 7 STAIR 91, (17 OL) -STAIR: 17x0.2-4' 4' RED. / 7T PROV. EXIT, 1(17OL EACFQ -DOOR: 17x0.2=4' 4' RED. / 7T PROV. FITNESS YOGA 3,217 SF 1,772 SF 65 36 DECK FOR oe STAIR62, (17 OL) -STAIR: 17x0.2=4" 4' REQ. / 7T PROV. EXIT, TYP (10 OL EACH) -DOOR: 10 x0.2=2' 2' REQ. / 72' PROV. STAIR A2, (73 OL) - STAIR: 73 x 0.3. 2T 22"REQ. / 48' PROV. VIP 2,704 SF 55 ACCOMMODATIONS - L2 LOCATION OCC. LOAD AREA OL RESTROOM 6 150 1,464 SF 10 ACADEMY B 150 3,299 SF 22 SURF SHOP M 150 2,740 SF 19 RESTROOM 1 8-1 300 2,058 SF 7 DECK FOR CIRCULATION ONLY LAY■ •L}L�L_� - • - STORAGE LOCKER & SPA RESTRDOM STORAGE RESTROOM LOUNGE 672SF 2,41177 SF 580S F 66 3SF 57 Z6SF 6,7886SF 3 STAIRNi, (17 OL) -STAIR 17xO.2=4' 4' REQ. / 7T PROV. M ACCOMODATIONS EGRESS PLAN LEGEND EKR 9131 FMON JRaHE BJ]INfd: FOOTAGE OWFA C'f L0Al1 NAIHsncsomnNns l,aHc mrwrAocesscrw-vHeNra (�. ERoi+ c6ae oNHH+OT � mlMbN wiry msFANCE oaw. I£ q:t.-r • JPa LRT MafNI¢EI,A• E • 1r Os4N1Rt mFr ra6ru4. Evr-F+En4ra•ar-r • • F]¢i REfwa-tok • i TaA4Tl DTMH¢F TO r EST EUT • - IM YWEn Pn�H C�ECR!s. TrowTk PCTAMCE BUILDING CODE ANALYSIS - CONT. C. ALLOWABLE AREA a AT.. M PCCOIGODATIDNS IPMT : SINGLE OCCUPANCY, MUL11870RY SLOG - ALLOWED: 72,000 SF -PROVIDED uv5F TrvE GLL HVLLAYA3LE ♦PEAT iA, N9,Ii . 2 v.A K, now �>a J1oo • o:x e.CLUBHOUSEµ MSE•1): MIXED-0CCUPµICY,MULTISTORYBLDG - AREA: ALLOWED VS. PROPOSED k2 f A] NAaO ]GIST e n11w ,D�60 E-LwDE V . A �i x xRmo iKa Fr=vF1 y, Scmo cH¢i -EOWTTO15;3 THPE WC A•IAURKY/dLE REHEAT N Jx5-f•i-,• R]aA0 AC Om x.Y-A t, IEA V-A a RRY SM OL lam M95`1 scam Himo ia.ma 11 1F:P••2p Hwm.1H®:Pls.o>y Rm m:c11-9 nnRff, FpAF1ACUAt ONi y TJAww•RMRw11aHf AI6. aixstAJr alJwrc•Rre.+? 16 TIYr„tl.wlvnmJ.a.,,iillMflitH.,v�YM•'r IW>rs 1 AR.1m m:�cf�P�G. mNNin�Mf.mn%F: . sEcnm INAIMLONAM IE■E.LO.ID ARU Ayy/P---WOMA �gJY0006-----OOCcat Aq,r JrwJtO"..c el ..[u MM¢11 n-JY000A •M.WYwaC0006 a A1Jr.W-,n-gJ2Ca:M a AbP•l. PNH JYD¢G •, • 3INP ZIN Sim kw • •RIAI•¢nwn•I.,D•¢.i2.1w IeNn nm¢ sDAm seam 2. CH►.6 CON6IRUCTION TYPE TYPE V •A 4. CHP-7 FRE ANDSYOU PROTECTION (SEE SRE PUN LEKNM L-1I -TABLE 1068 MmWuM AREA OF ENTER" WALL CPENING$ Plies scPERaivM as-iNCFR>F Au.vn•!a-[u�.. o e H.. a.. a wr FFFArrrEP M-.JT ,Y t tm nm EA xsA Nm pe•r NOW n B.CNP.e FOIE PROTECTION AND LIFE SUM SYSTEM SFi;!ION 9J331 NFpA 13 SPRINKLER SYSTEM 5. GNP. 10 MEANS OF EGRESS - SEE DIAGRAM 1, Z. 3, 4 6 51 AB 5 - MHINIUM MEANS OF EG14M SIIMR'. STAIR FACTOR 02 rISECOTEON KIPS IT EAT•t1 OTHER EGREE COIAaCNEH15. a15 [SECTION 10M.32 EXP: 1) AN EMERGENCY VOOE ALARM COIAMDCATIOH SYSTEM PER SEC 967.522 IS REQUIRED - WX MUM COMMON PATH OF EMESS TRAWL DISTANCE (CDC 2022 -TABLE 10082.11 R.2 MAEGVNTIALD •T2s' DYrlHSPRIN I ERSI B IAMENTTYI =190' (WRH$PR9EiLER5 A.2 iFESTAJIF2ANT1 =75 IYVTTHSPRR6GERS1 P.3NANINITY) 4$6 DW314SPRTHKLEASI S- I STRASH d STORAGE) -;w wTH$PwKUERSI S2SPAFNNIIGARAGEM =W IAa1C (WTTHSPRN*QENS) E:R ACCESS TRAVEL DISTANCE. ICBC 204 • SEC71ON 101721 R2 IRESIDENTPLD 25U IWFTHSPHINNLERSI S IAMENItYI -i90' (WITHSKUNKIENSI A-21RESTAURAIR) =250' (WrTH$PRNKERS1 A-3NAME NITYI -M AWTHSPRREGEASI S-1(IRkSH d STORArE) 25G (WITH SPRNE4FLSI S2;PAp{ING OARAGEI -a00 (wriHSPRI1KLER61 DEADENDS RESOENnk DEAD END CORMOORS SHALL NOT EXCEED 5D IN LENGTH PROJECT SUMMARY 1- PROJECT NAME - SLUNG HARBOR 2_ PROJECT ADDRESS rAPIL • 3100 IRVINE AVF HFW'PORT BEACH. CA SM a 1IW29041 3. PROJECT DESCRIPTION PROPOSED OJTDOOR COMMERCIAL RECREATION PROJECT CONSISTS OF TA10 MAIN BUILDINGS L LOT 6 FIMMATION: - LOT SIZE: 15384 ACRES N=6Rr-127.04 SFr -ZONING: SR70141 - LOT DESIGNATION: LAND USE DEWAiAUCINS. THE FOLLOWING LAND USE DESIGNATICNS ARE ESTABLISHED FOR 1HE SAWA AM HEIGHTS SPECIFIC PLAN AREA OPEN SPACE APO RECREATION D15TRHCT $P 710SR4 LAND USE AND DEVELOPMENT STANDARDS FOR SAHA MA HEIGHTS SHALL BE IN A[1;('Pe]ANIOE WITH E109B1T 21.9di LAI!O USE A[APL-- SKCIFIC PLAN DISTRICT NO 7 AND THE PR@2ESIOH$OF THIS SECTION. PRA"CIPAL USES ALLOWED TIME FOLLOWING PRWtDPµ USES ME PERMITTED OUTOOOR LOr wERGAI RECREATION S BUILDING AREA PER OCCUPANCY TYPE) 5EE A9.1 FOR AREA SUMMARY PER LEVEL 6 PROGRAM aTEJ]9Rr &RLCPRO CuiWCr EAIti; MT,ORRAN •i ab7A RESFAwINr • ] 1AN9 Y06a . rI1HrEE6. SPA a�H�tR� a ,4I„ Fi„aHo P�.xTI� N N ].M w FSTwrE st 0.•Rc STOFVFL-Hl3 RODIf. 9B-'.'CE FW 4A7N ATH�TE N.] e.,p 21YM (AiuNRa kL1 ALLLA-DOAT,pMs �, A,R T nAL 001 si %e w 6TOfaJJBE Gb,f fiYli 0.06 HOME OIP1 1A,A oFNF^Ai ATNaETT st ,,W SFOia�UE.1PccTN00N RAH LYULEb ALCLaICDATG•MS fAel 1f. Taro ,FJ7N onNPH•rmu n,,x ZONING ANALYSIS 1- HEEOMT LIMIT: -ALLOWED: SIT -0" -PROPOSED. SU•T (CLUSHWSE ME0.SURE0 FRAM EbTABLISWENT OF GR.4DEI W- Y rATHLE-- E ACOGMANDDATICNS - LEA4JRE 0 FROM ESTABLJSHhENT OF GRADE I L SETBACK REOUIHEMEHT . REOIJIREO. 2Lr -PROPOSED MNIWM 21F{SEE SITE PLNI BUILDING CODE ANALYSIS 1.00. a OCCUPANCY CWSFICWM pM AND USE - SECTION 303, 3016 311 WLWq YBE OGC gkapFijSTMN AfxSTAMRYR Ai FRIE35.rOF ,W LLIA IILI.�E AG-DHI! OFP[E e Altai-I=_umuxotl..*vu ATH¢ETE Kia-i[w�C a v-t HmELsf�Nl9t@RT� STORAGE gr 2 CHP.6 BUILDING HEIGHT AIm AREA A TABLE SMI BUILDING HEIGHT euLON[- itt+r: bcc Ju]nNEil PfmuRb cweHcu� v.A mFT so Er M �SptE'E R-t COx,a1[eaTCNs � n 7¢FT JH FT e R. TABLE SO4.3 ALLOWABLE NUMBER OF III ORY fiuLDnG nPE DLC AUONEO-Jl0'VSLD LwBnOu.',E v n AT 3 1 AM£E e t ACLOI.11-]L-TtLPG v.A 6 - x SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 A-0.6 CODE ANALYSIS - LEVEL 2 + 3 20-2650'-0" JUNE 17TH 2O25 j LOBBY •649SF RECEPTION V �l MAIN ENTRY ■ SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 •VW MEMBERS POOL 20' X 80' , LAG00 ,,: ��' � 702 SF � I I O E, FACILITY ST GE UP_ 846SF FF 45'0" I • y`s I FF 42'0" y • SERVICE AND I EMPLOYEE ONLY ■ OARD STOR . • 515 ■ EP MEP SFT. I F F --- 4ccFss I �ATF I •ram mI sr TURN AROUND , I Ill O A-1.0 FLOOR PLAN - SHORELINE 20-2660'-0" JUNE 17TH 2O25 GENERAL PLAN SQUARE FOOTAGE - CLUBHOUSE LEVEL I PROGRAM I AREA 48,251 SF GENERAL PLAN SQUARE FOOTAGE - A. A. I 1 \\ LEVEL I PROGRAM AREA 1 ATHLETE 10 UNITS 4,594 SF ACCOMMODATIONS LEVEL1 ' 4,594 SF I ATHLETE 10 UNITS 4,594 SF t ' ACCOMMODATIONS 1l,, LEVEL2 ■ Y... 1 4,594 SF 9,187 SF LEVEL 1 TOTAL GENERAL PLAN SQUARE FOOTAGE: 57.438 SF EXCLUDED AREA FROM GENERAL PLAN S.F. - CLUBHOUSE LEVEL PROGRAM AREA LEVEL B1 STORAGE 1, GOLF CART STORAGE 3,495 SF LEVEL B1 STORAGE 2, FACILITY STORAGE 5,359 SF LEVEL B1 ISTORAGE 3, SURF BOARD STORAGE 16,802 SF 15,656 SF LEVEL1 BOARD STORAGE 515 SF LEVEL REST. 1,5355E 2,050 SF 17,706 SF EXCLUDED AREA FROM GENERAL PLAN S.F. LEVELI PROGRAM I AREA ATHLETE REST. 703 SF ACCOMMODATIONS LEVELI ATHLETE STORAGE, FACILITY 846 SF ACCOMMODATIONS STORAGE LEVEL1 l to �' 1,549 SF TOTAL EXCLUDED AREA FROM GENERAL PLAN SQUARE FOOTAGE: 19.255 SF TOTAL GROSS SQUARE FOOTAGE: 76,693 SF LEVEL BASEMENT SNUG HARBOR NEWPORT BEACH, CA 92660 SITE DEVELOPMENT REVIEW BASIN, ENTRY A 30'0" PRO SED GATHERING ���``� �s ! w R DINING, \ FF 42'0" 1,524 i � fir. • •. T R � p F TRAINING 78/ LAGOON � � % � � ■ • _ EST. ITDOOR CHANGING A ENTRY', g ADARAMp �� u � �1 . RESTAURANT38�IBAR' `i.� _ PICK UP WINDOW �. ' 6,2A SF ■ OARD STORAG TROoO HANGIN ROOMS _ � I LAGOON N ■ 5 -- 43SF FF �I ■ It ` EPR00 15 SF37 Q i boar sks ---- IN Y L" - M MBERS BBY ■ ■ 165 S MEP 36, SURF ACADEMY LOBBY 1 649 SF KITCHEN n ■ 165 SF f — 1 S HANGIN r F T. RECEPTION 1,662 SF ■ ELECTRICIAL 35 I D 10 SF SURF�SF E ` I - 2,70 _ ° 1 SERVIQ '20/ 34 1 33 225$ esF MEP ■ ° r GA E - r MEP 5TORAGE 1 — - -32 -- ..r. / W,, - 1 264 SF # -.224,SF_ _ 31 YING ROOM _ MWN 1 a % ENTRY ^ 0 + �t j J ill �JIC� ! R - E 29 GATE _ S -(28) `— 30'0" R T- 27 V i O 10 TURNAROUND VALET DROP OFF 11 12 13 - -19 22 23 14 15 16 17 18 20 21 A I STORAGE , OARD STORA _ Surf Board Conveyor 6,802 st Storage System P FF 28'0' BACK BAY BARRELS, LLC MVE + PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEW PORT BEACH, CA 92660 IRVINE, CA 92614 PHONE: 949.300.9632 PHONE: 949.809.3388 i CORRIDOR `\ I ` � 28 29 O A-1.1 FLOOR PLAN - FLOOR PLAN - LEVEL B1 + LEVEL 1 20-26 70,-O„ JUNE 17TH 2O25 GENERAL PLAN SQUARE FOOTAGE - CLUBHOUSE LEVEL PROGRAM AREA I 2 /FITNESS�ECK �� / 38 THE POINT LOUNGE y 6,703 SF ' 37 1_ 3 FITNESS I 353,150 SF OPEN TO —, MEP - Y32 BELOW a� REST. 2 315 SF STORAGE � � \ 34 321 SF I Y rc - 1,732 F -- - TORAGE I BOF p 409SF MEMBER 33 s �R LOCKERS I SPA " ,-,� Lil IR �. MEP c 17 - - . ---- #- - 32 4 � Used Wetsuit S�ioot ;� _ a 26 '�, 223 SF ■ � \ 48,251 SF �� 31 � ` 30 GENERAL PLAN SQUARE FOOTAGE - A. A. 6 / I II �I \ 2 V LEVEL PROGRAM AREA I I I I ` ATHLETE 10 UNITS 4,594 SF 7 I I 28 ACCOMMODATIONS R LEVEL 8 26 27 4,5943F 9 10 24 25 q ATHLETE 10 UNITS 14,114,9F II L ACCOMMODATIONS LEVEL2 11 12 13 22 23 4,187 SF 14 21 9,187sF LEVEL 2 15 B 16 20 TOTAL GENERAL PLAN SQUARE FOOTAGE: 57,/783F 17 18 19 EXCLUDED AREA FROM GENERAL PLAN S.F. - CLUBHOUSE / \ \ LEVEL PROGRAM LEVEL B1 STORAGE 1, GOLF CART STORAGE 3,495 SF LEVEL B1 STORAGE 2, FACILITY STORAGE 5,359 SF LEVEL 131 ISTORAGE 3, SURF BOARD STORAGE 16,802 SF15,656 SF LEVEL1 BOARD STORAGE 515 SF 1 LEVEL1 REST. 1,050SF 17,706 SS F VP \ ,7 "1,120 SF VIP EXCLUDED AREA FROM GENERAL PLAN S.F. 2 LANAI 492 SF 38 VI, VIP 492 SF ATHLETE _ _ ` 37 ACCOMMODATIONS REST. PROGRAM 703 SF \ \ / �i i \' . ,. 492 SF I LEVELI � 1 \ \ ATHLETE STORAGE, FACILITY 846 SF MECHANICAL / LANK - ` MECHANICAL WELL , ACCOMMODATIONS STORAGE \ Open t0 Sky 36 LEVEL1 1.549 SF 3 �� .', .. MEP VIP 35 1,549sF � � ��_ � EST. � � SERVICE � VIP � 492 SF � A RECORDING STUDIO 400 SF 492 SF \ TOTAL EXCLUDED AREA FROM 2,125SF EST. LOBBY s� l �' 34 \ GENERAL PLAN SQUARE FOOTAGE: 19,255 SF / ��� VIP VP VIP VIP _ l MECHANICAL WELL 494 SF 493 SF 492 SF 789 SF 33 / _ MEP \ \ 32 TOTAL GROSS SQUARE FOOTAGE: 76,697 SF � " TORAG open to sky S SF 5 , 31 25 6 �I 7 � 28 29 30 8 9 10 26 27 11 24 LEVEL3 12 13 14 15 16 17 18 19 20 21 22 23 SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE,CA92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809 . 3388 O A-1.2 FLOOR PLAN - FLOOR PLAN - LEVEL 2 + 3 20-2680'-O" JUNE 17TH 2O25 GENERAL PLAN SQUARE FOOTAGE - CLUBHOUSE LEVEL PROGRAM AREA 48,251 SF GENERAL PLAN SQUARE FOOTAGE LEVEL I PROGRAM AREA ATHLETE ACCOMMODATIONS LEVEL1 10 UNITS 4,594 SF 4,594 SF ATHLETE ACCOMMODATIONS LEVEL2 10 UNITS 4,594 SF 4,594 SF 9,187 SF TOTAL GENERAL PLAN SQUARE FOOTAGE: 57,438 SF EXCLUDED AREA FROM GENERAL PLAN S.F. - CLUBHOUSE LEVEL PROGRAM AREA LEVEL B1 STORAGE 1, GOLF CART STORAGE 3,495 SF LEVEL B1 STORAGE 2, FACILITY STORAGE 5,359 SF LEVEL B1 STORAGE 3, SURF BOARD STORAGE 16,802 SF 15,656 SF LEVEL1 BOARD STORAGE 515 SF LEVEL 1 REST. 1,535 SF 2,050 SF 17,706 SF EXCLUDED AREA FROM GENERAL PLAN S.F. LEVEL PROGRAM AREA ATHLETE REST. 703 SF ACCOMMODATIONS LEVELI ATHLETE STORAGE, FACILITY 846 SF ACCOMMODATIONS STORAGE LEVEL1 l to �' 1,549 SF TOTAL EXCLUDED AREA FROM GENERAL PLAN SQUARE FOOTAGE: 19,255 SF TOTAL GROSS SQUARE FOOTAGE: 76,693 SF NOTE: PER 11B-224.2. CBC, TWO GUEST ROOMS WITH MOBILITY FEATURES ARE REQUIRED. TWO GUES7 ROOMS WITH MOBILITY FEATURES WILL BE PROVIDED AND LOCATED ON GROUND LEVEL. SEE HANDICAP ADA SYMBOL IN THE TWO GUEST ROOMS. PER 11B-224.4. CBC. TWO GUEST ROOMS WITH COMMUNICATION FEATURES WILL BE LOCATED ON GROUND LEVEL. SEE HANDICAP ADA SYMBOL IN THE TWO GUEST ROOMS. LEVEL 1 LEVEL 2 C:D SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 mmmmmmmmmm O A-1.3 FLOOR PLAN - ATHLETE ACCOMMODATIONS LEVEL 1 + 2 20-269 JUNE 17TH 2O25 O A-1.3 FLOOR PLAN - ATHLETE ACCOMMODATIONS LEVEL 1 + 2 20-269 JUNE 17TH 2O25 • 3.� 2 o L4 , v n O1 CONCRETE Oz WOOD PANEL 03 GLASS STOREFRONT GLASS ROLL -UP 04 DOOR OS METAL RAILING HEAVY TIMBER 06 COLUMN & BEAM CLUBHOUSE BUILDING ELEVATION -2 °° (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 91.975) z ROOF ASSEMBLY 48' - 0" LEVEL 3 32' - 0" LEVEL 2 16' - 0" -14'-0" CLUBHOUSE BUILDING ELEVATION - 3 CLUBHOUSE BUILDING ELEVATION - 4 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 91.975) o MAXIMUM BUILDING HEIGHT 50' - 0" ° ROOF ASSEMBLY 48' - 0" 0 LEVEL 3 32' - 0" n a w LEVEL 2 0 LL 16'-0" ° LEVEL 1 0" 515mli °° (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 91.975) 0 MAXIMUM BUILDING HEIGHT 0 50' - 0" ROOF ASSEMBLY 48' - 0" ° 0 _ LEVEL 3 32' - 0" a _ LEVEL 2 $ 16'-0" LEVEL B1 -14' . 0" SNUG HARBOR BACK BAY BARRELS, LLC MVE+PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 A-2.0 BUILDING ELEVATIONS 20-2760'-0" JUNE 17TH 2O25 Ol CONCRETE 02 WOOD PANEL 03 GLASS STOREFRONT GLASS ROLL -UP 04 DOOR OS METAL RAILING HEAVY TIMBER 06 COLUMN & BEAM I. ATHLETE ACCOMMODATIONS BUILDING ELEVATION -1 ATHLETE ACCOMMODATIONS BUILDING ELEVATION - 2 0 c 0 ATHLETE ACCOMMODATIONS BUILDING ELEVATION - 3 ATHLETE ACCOMMODATIONS BUILDING ELEVATION -4 0 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 81,979) ATHLETE ACCOMMODATIONS MAXIMUM BUILDING HEIGHT 40' - 0" ATHLETE ACCOMMODATIONS ROOF ASSEMBLY 38' - 0" ATHLETE ACCOMMODATIONS LEVEL 2 22' - 0" ATHLETE ACCOMMODATIONS LEVEL 1 61 - 0' ESTABLISHMENT OF GRADE 41.975' -77/256" (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 81.975) ATHLETE ACCOMMODATIONS MAXIMUM BUILDING HEIGHT L1 40' - 0" ATHLETE ACCOMMODATIOtaROOF ASSEMBLY 38' - 0" ATHLETE ACCOMMODATIONS LEVEL 2 22' - 0" ATHLETE ACCOMMODATIONS LEVEL 1 6'-0" 8 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 81.975) 0 ATHLETE ACCOMMODATIONS MAXIMUM BUILDING 0 HEIGHT 0 40' - 0" N ATHLETE ACCOMMODATIONS ROOF ASSEMBLY - o 38' - 0" ATHLETE ACCOMMODATIONS LEVEL 2 - 22' - 0" _ — ATHLETE ACCOMMODATIONS LEVEL 1 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 81.976) ATHLETE ACCOMMODATIONS MAXIMUM BUILDING ATHLETE ACCOMMODATIONS ROOF ASSEMBLY 38' - 0" 0 ATHLETE ACCOMMODATIONS LEVEL 2 22' - 0" a — ATHLETE ACCOMMODATIONS LEVEL 1 6'-0" SNUG HARBOR BACK BAY BARRELS, LLC MVE + PARTNERS 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA92660 IRVINE, CA92614 SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE: 949.809.3388 A-2.1 BUILDING ELEVATIONS 20-27 P-0" JUNE 17TH 2O25 (FROM ESTABLISHMENT OF GRACE TO TOP OF ROOF, 91.976) MAXIMUM BUILDING HEIGHT 50, - 0„ - — ROOF ASSEMBLY - Q z 48 z RECORDING STUDIO i VIP i — — — LEVEL 3 L1 — 32, - 0" FITNESS 1.EERIOC-RIS A O tt THE POINT LOUNGE - p LEVEL 2 L1 E 160 ' - SURF ACADEMY ASH R00 i RESTAURANT I BAR SEATING RESTAURANT BAR PREP RO i o T RFTRAINING — LEVEL 1 L1 Q" a OF GRADE41.975' "' STORAGE I, GOLF CART STORAGE ESTABLISHMENT STORAGE S, SURF eoARn STORAGE 77/256n 2 CLUBHOUSE BUILDING SECTION -2 8 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 81.975) I ATHLETE ACCOMMODATIONS MAXIMUM BUILDING o HEIGHT 0 40' - 0" — — ATHLETE ACCOMMODATIONS ROOF ASSEMBLY L\ — �— 0 38'-0„ 10 UNITS z — ATHLETE ACCOMMODATIONS LEVEL 2 — y 22, - 0„ 10 UNITS ATHLETE ACCOMMODATIONS LEVEL 1 6'-0" w ESTABLISHMENT OF GRADE 41.975' 0 -77/256" 3 ATHLETE ACCOMMODATIONS -1 1 CLUBHOUSE BUILDING SECTION -1 (FROM ESTABLISHMENT OF GRADE TO TOP OF ROOF, 91.975') MAXIMUM BUILDING HEIGHT I1 50' - 0" ROOF ASSEMBLY 48' - 0" LEVEL 3 32' - 0" LEVEL 2 16' - 0" LEVEL 1 4'-0" A-3.0 BACK BAY BARRELS, LLC MVE + PARTNERS SNUG HARBOR 3857 BIRCH STREET, SUITE 521 1900 MAIN STREET, SUITE 800 BUILDING SECTIONS NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92614 20_T���O'-0" SITE DEVELOPMENT REVIEW PHONE: 949.300.9632 PHONE:949.809.3388 JUNE 17TH 2O25 -- --- - - _ -- - T �•._._er-Ire------�� � _.� . - - -_ "'�' .. __�-.. -s.�, ...�'s..,yr'l�_,-' � � - _ .. a .-: " ::se "r'f". - �Y� ter• _�_ -- _ • Y �- - -- _ _ _ .. l _ - _ - • ;� - •- � ..:.��' , f :may'' - "�' -y' � '•`� -- ' _- _ r- -_ �'•4 �.. -_.:' �,�, " � .,,-,.-� ri, f �.►�„� .- _ "r •�r:. .s�+G � �^7'k+ _ . �. - rr . -_ - _ -- _ :.s��•. _ s •• _ •�'r �'-�ar.r+�•� �.: .-tt �=i.;�yr a -..,,,a• +rr" __. :� _�•� �s..:..._ 'b•�� • � 'T� e". F'�� /'� ��.. •� Ill i�.. r }Y'• T Y .� WWI l �r •-` - ,:. +c `r PPW Le 900 paw _ � � , � ti� . ��, .,. �lll il7f 11�1111iks•S .Yr j�-+r�e.+.s �`�I�r-_=.� y � •� � � : � is �.�� • . -vim _� '�'�" .+ -' '�',�. ' �jl : � - �;� . - � i . ; �.•. = :._,.." ... _... ...- ': _ _ it ,�, • r ii r i i ii L � k CITY OF NEWPORT BEACH SNUG HARBOR 3100 IRVINE AVENUE NEWPORT BEACH, CA. 92660 N SHEETINDEX TITLE SHEET C-01 EXISTING CONDITIONS C-02 CONCEPTUAL GRADING C-03 CONCEPTUAL U1ILITY C-04 SECTIONS C-05 ALTA NSPS LAND TITLE SURVEY C-06 ALTA NSPS LAND TITLE SURVEY C-07 ALTA NSPS LAND TITLE SURVEY C-08 INDEX MAP ' NTS N ABBREVIATIONS & LEGEND BF BACKFLOW RIGHT OF WAY/PROPERTY LINE BLDG BUILDING CENTER LINE Bw CB BACK OF WALK CATCH BASIN EXISTING EASEMENT CL CENTER LINE --------- PROPOSED EASEMENT DW DOMESTIC WATER LOT LINE ENT EX, EASEMENT EXISTING RETAINING WALL FIF FINSHED FLOOR 50 EX. CONTOUR FG FINSHED GRADE w EXISTING WATER MAIN FH FIRE HY) ss EXISTING SEWER MAIN FL FS FLOW UNE FIrv5HED SURFACE � � EXI5TING STORM DRAIN FW FIRE WATER — can — EXI SING CABLE TV LINE GA GRADE BREAK E EXISTING ELECTRIC LINE H HP HEIGHT HIGH POINT EXISTING TRAFFIC SIGNAL CONDUIT IRR IRRIGATgN EXISTING GAS LINE IF LENGTH r EXISTING TELEPHONE LINE LP LOW POINT A-o EXISTING STREET LIGHT PL PROP. PROPERTY LINE PROPOSED — PRIVATE STORM DRAIN LINE R/W RIGHT OF WAY PRIVATE SEWER LINE SD STORM DRAIN SS SANUARY SEWER PROPOSED MODULAR WETLAND TOO TB TO BE DETERMINED TOP OF GRATE lk FIRE HYDRANT TW TOP OF WALL W WATER SITE VICINITY MAP NOT TO SCALE FLOOD ZONE THE AREA OF LAND SHOWN HEREON LIES WITHIN FLOOD ZONE 'AAND FLOOD ZONE 'X' AS REFLECTED BY FLOOD INSURANCE RATE MAP PANEL N0. 06059CO267J, EFFECTIVE 12/03/2009, OWNER SITE ADDRESS NEWPORT GOLF CLUB, LLC 3100 IRVINE AVENUE 9968 HIBERT ST, STE 200 NEWPORT BEACH, CA 92660 SAN DIEGO, CA 92131 (858) 271-4682 DEVELOPER BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE 521 NEWPORT BEACH, CA 92660 ATTN: ADAM CLEARY (949) 836-3055 CIVIL ENGINEER ORIANA SIASOR, P.E. FUSCOE ENGINEERING, INC. 15535 SAND CANYON, SUITE 100 IRVING, CA 92618 PHONE: (949) 474-1960 xo. cexs� LEGAL DESCRIPTION ALL THE CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL N0. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 94-2. IN THE Cltt OF NEWFORi BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. RECORDED MAY 9, 1994 AS INSTRUMENT NO. 94-0318607, OFFICIAL RECORDS, EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 4, 1997 AS INSTRUMENT NO. 97-428866 OF OFF AL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO. 2014-427814 OF OFFICIAL RECORDS, APN: 119-200-38 & 119-200-41 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM CC583, ZONE 6, BASED LOCALLY ON CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS): 'BILL AND "Pala W83 EPOCH 2010 00 (NSRS2011) AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES MAY BE OBTAINED MULTIPLYING THE GROUND DISTANCE BY THE COMBINED SCALE FACTOR (0,99997427) AT POINT "A'. GRID DISTANCE _ (GROUND DISTANCE) X (COMBINED SCALE FACT)R) CONVERGENCE ANGLE AT POINT 'A' IS:-053.43.1- ELEVATION AT POINT A' IS 28.26 FEET (NAVDSB DATUM). BENCH MARK 3-3/4' OCS ALUMINUM BENCHMARK DISK STAMPED "CM-51-89". SET IN THE TOP OF A 4" BY 4" CONCRETE POST. MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF SANTA ANA AVENUE AND MESA DRIVE, 57 FT. WESTERLY OF THE CENTERLINE OF MESA DRIVE AND 21 FT. NORTHERLY OF THE CEMERLINE OF SANTA ANA AVENUE. MONUMENT IS SET LEVEL WITH THE TOP OF ELEVATION: 65.967 (FT.), ESTABLISHED BY COS 1989, LEVELED 2005 SNUG HARBOR BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 21 Site Development Review F:\PROTECTS\4206\001\PLANS\ENTITLEMENTS\SCHEMATIC PGCS\4206-0019QTS.OWG (07-24-2025 3:37:39PM) Plut- by DTaeillo FUSCOE ENGINEERING 15535 SAND CANYON AVE, SUITE 100 IRVINE, CA 92618 PHONE: 949.474.1960 C-01 TITLE SHEET 08/25/2025 20-274 mom -� _ 1 � ` 0 7 A --- I3 a iTf —\ — P — sPe �� /NP NEL !dEb' F ir ---° >o NtA F EK SP 1 / o EXIST. STRUCT. �/ 1s) �J — +'fuca�rtYo Ens / / I / Ex6T !3) 30- / / o� i - US'i T ✓PAGES / EV Si C30 * �AR � PARKN / / / / ' / / / e _ ��\ ✓Wirt FJ� � — f���)) V EPACEa� tl K / .MIGHT P31� - _ ���� EEMyIgg HIRIN�G�I'4�l \CIILIVLf? SPACEG / i Gm 'Ol.NET POIE EXIST STRICT E.9 e1vS1 / nnTiw�. i vu o ^ S LLEE i _ hl ` IXiGL xH / f�tseN' INP_% r'IGxr Pol_ v I ` T (3, ) T� i n. T i b: 1 r R. I L� \ � xx EXISTING EASEMENTS NO. EASEMENT PURPOSE DISPOSIION 11 WIRES. UNDERGROUND CONDUITS, CABLES, VAULTS, MANHOLES, HANDHOLES. AND INCLUDING ABOVE GROUND ENCLOSURES, MARKERS AND CONCRETE PADS AND OTHER APPURTENANT TO BE ABANDONED FIXTURES q3E STREETS AND HIGHWAY TO BE ABANDONED 17 NONEXCLUSIVE EASEMENTS ON, OVER UNDER OR ACROSS THE LAND WITHIN 15 FEET FROM ALL PROPERTY LINES BORDERING ON AND PARALLEL TO ANY PUBLIC OR PRIVATE STREET FOR THE INSTALLATION EMPLACEMENT, OPERATION AND MAINTENANCE OF ELECTRIC GAS, TELEPHONE, CABLE TELEVISION WATER, SANITARY SEWER LINES, DRAINAGE FACILITIES OR ANY OTHER UTILITIES, AS TO REMAIN RESERVED IN THE DEED FROM THE IRVTNE COMPANY, A MICHIGAN CORPORATION, RECORDED MAY 25, 1994 AS INSTRUMENT NO. 94-359831 OF OFFICIAL RECORDS. 19 SLOPE TO BE MODIFIED OR ABANDONED 21 ROAD, RETAINING WALL @ SLOPE TO BE MODIFIED OR ABANDONED © SLOPES TO BE MODIFIED 01 ABANDONED °°,•.� — cvs NEr PDM �m o i EXISTING GOLF NET POLE SUMMARY TABLE NO. MATERIAL APPROX. HEIGHT 1 WOOD 48' 2 & 3 WOOD 60' 4 - 6 WOOD WITH STEEL ROD EXTENSION 77' TOTAL (67' + 10' EXT) 7 - 11 STEEL 83' 12- 26 WOOD WITH STEEL ROD EXTENSION 70' TOTAL (61' + 8' EXT) 25 38 WOOD 40' AGL '1 1OKISTING NET POLE 1— HAS NOT BEEN FIELD VERIFIED 2. HEIGHT 4 TOP OF POLE ELEVATION NOTED ON — ARE AP—NATE vnWES. o G� \4 \ NTS SNUG HARBOR BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 21 Site Development Review F:\PRWECTS\4206\001\PLANS\ENTITLEMENTS\SCHEM TIC PEWS\4206-0011702DS.DWG (07-24-2025 3:37:51PM) Plotted bV: DTodillo FUSCOE ENGINEERING 15535 SAND CANYON AVE, SUITE 100 IRVINE, CA 92618 PHONE: 949.474.1960 C-02 EXISTING CONDITIONS 08/25/2025 20-275 -- / r lo -------------- e � � ENTRANCE SIGN _ i m 3� s N ti 00 00 0000! v ��0����0 x � 00�or o 0 O wi 23 g I -O sAN 17 N< ��-.13 T3 13 �I �%✓�� � _ ��� v \ 41 171 42.00FFNA \ r v oo O O \ f \ _ + ]410 WyZ :y \1 Fhb - • � \try ��)_� �/ + \ PROP SISEWE I aT '\ - LIN F SG \ v � � � �e GENERAL NOTES T HT - H2 ARE MEASURED TO FACE OF FlNISH' z. - NocxT or Exaose0 wnu d5.00FF i. . EX ILI SIGHT DISTANCE NOTES I NIEaSEUDON UNE OF SIGHT SHOWN PER PER OM OF x xo ia� ecncH DEFoxlMoa of wauc woaNs sTO. AG.. \ \ s _ \ �.1% T / 2 TEE :ERK xG PnanuEfFas WE USED! _ o UE s 450 x zs x 13// Um NEDAVEN E 360 x xo-s 48.00FF / EARTHWORK `�� LEGEND w, i llS,OW Cr (R1W) . FIRE FT, 135.OW CY (RAW) h LANE"AT ]O O.C. NET, 0 CY � \ \� NOTE _ \ ` NAP / RED CURB WRH 'NO PFRN HG COU ONTR ES SHOWN PO FOR PFOR VENO PURPOSES ONLY. _ \ �3. CONTRNCTOR 5 RESroNSeLE FOR VER MNG PLL DDPNTINIES --- - - \ O / PROR i0 CONSIRUCPON NTS C-03 SNUG HARBOR BACK BAY BARRELS, LLC FUSCOE ENGINEERING CONCEPTUAL GRADING 3857 BIRCH STREET, SUITE 521 15535 SAND CANYON AVE, SUITE 100 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92618 20-276 Site Development Review PHONE: 949.474.1960 08/25/2025 F:\PRWECTS\4206\001\PLPNS\ENTITLEMENTS\SCHEM TIC PIPNS\4206-001ETO3CG.MG (07-24-2025 3:38:17PM) Pl— b DTaEillo Al PROP 24"X12 CROS ��� '� -p;�EC! �NECT EX FH UNE -- iM6nt� - ABANDONED 6 ODN11_'ITH 1Z' UCER i PRD FW SERVICE tics PRO -DW DECIDE EX LINE SIZE TBD _ _MAIN W� DW MAIN o a F_OR Y V _ / i / _ BUILDING SIZE TBD �� ---- ---- ---- / --- PROP DW SERVICE _ 2 D`\ 2a°DW y IAGOON SIZE TIED HANNEL / _ 0 __ ��... �_i—_�• LOCATIO T6 BE CONFIRMED ; / � �Y// �_— abw • '// i ice/ / ���/ 12"s5 sY y \ 2 I NDERDRAINILE � --- i 81 ,x ss _ PW Dw _ s \\\ems �O�OO �\ a / ATION TO BE CONFIRMED ' / _ -f"' r'� `'s P'MODU WET D \� ys ' O � � E- O CD \\\\ r Ass oo ��oo v 'u� t 1fIYCD ED C �j� r ' wnDE RAINAGE N ) PROP MODUILAR W N 1 � _ i \ \ WRH UNDEFORAINPROP I _ — � I 4 ID 0 v � i a PROP MODULAR W �4'X8 \ \ \ \\ NN T EX mm, H, PROP GREASE NTER \ Lx LEGEND PROP MODUW uND V ` B'X16' \ \ BDUNDAIRY LNE � �EXI� GE RUDE =emu \ y , \ � \ \\SLOPE, —� 55 E%SANG SANNARY 5 UN ', \ \\\ � ES1N DWO D NE DwLINE � n PIROPasEo �oaD rIRMa NE NN DALINE®Ow�WPR➢C IREO HIRE Hn ' ' NOTE w00% To BE DONE er cm nwrewEo �* it l aoo' zo' ao' NITS C-04 SNUG HARBOR BACK BAY BARRELS LLC FUSCOE ENGINEERING CONCEPTUAL UTILITY 3857 BIRCH STREET, SUITE 521 15535 SAND CANYON AVE, SUITE 100 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92618 Site Development Review PHONE: 949.474.1960 08/25/2025 F:\PROJECTS\4206\001\PLANS\ENTITLEMENTS\SCHEMATIC PUNS\4206-001E704UTDW0 (07-24-2025 3:38:35PM) Pl— by: DTadillo 20-277 R PROP. PARKING LOT 20' SETBACK R 7D 135.9' (VARIES 54' TO 39.8') PROP. B GRME PROP. 6' FENCE 2H:1V IXISi. IDE 9,1' 836.3' 3' POOL SETBACK 20' SETBACK 11' S. TOP OF FENCE E%IST. 819.6' 12.1 PROP. II' 9' EX Sr FENCE TO BE REMOVED * PROP. 6' FENCE `V20' 315.9 SETBACK II B EXIST. FENCE, G 1 yEjNIN\ - r 10.2' -7' T--- 1J PROP. SIDEWALK EX TOE OF SLOPE k6' F. ENCLOSURE WDTH PROP Ry GMDE (2H:IV WALL EXIST GRADEI STAIRWELL @ SIDEWALK 0 BE PROP REMOVED ENCE EXIST. CURB @ GUTTERVARIES) �R—NINU (WIDTH 1 U-UN FENCVARIES) J� - - --- ---- --�--3- ---L---- i / E%IST.\ GR40E y- -- -L--- E%ISi. CURB @CURER _--- -------- E%ISi. GRADE PROP. EXIST. CURB @GUTTER GRDE (8' MA%) / SWNE RALMA SWP1E FF-4B.OD 4). WPLL E%BT.� 44. PROP. WING _------ _ 4 PROP. RETAINING (6 ) / - / RREfONNING WALL F. RMLING � � GMDE i / / WST S' MA%) PROP. B,M4%) PROP. - - _ _ _ - - IXISi. WALL (TO BE REMOVED) RETAINING RAILING WALL (A L-) ALL (8' MA%) PROP. CURB (ALLY) '- LLD" IWALL PROP W� w 30 3 I I I I I I I 30 I 30 w I 30 I SECTION E NTS SECTION p MESA DRIVE NTS R r SO 40.0' PROP. DRIVE AISLE EXIST. 15MT k5O' EXIST. ).5 THE UTILITYTY EOMPANY I (WSE VARIES) 34' EXIST. 6y 20' SETBACK w —SIDE-1 rO BE I V(E?D`T. WALL I (TO BE REMOYEO) --IXISi CURER @GUTTER "�^X t 1 7 -- ORVEWAY 1 TRENCH DRMN W 1 1 1 . ,D 1 1 10 SECTION G SECTION NTS NTH S SANTA ANA DEIHI CHANNEL PROP, STREET R R (PM SATE) US.5' t652' MESAQ RNE R/W 37.1' 18.4' I T�ENCE40 PRF P. 26' 210.2' 85.5' PROP. PATHWAY 13' 13' 6' PROP. PROP. 6' 40' t36.2' t94.3' 10 R FENLE 7. 3AACFS 1.SR (VARIES 31.5' TO 41.4') E%IST. 15' 15. )' EXIST. 18.0' �I COMPANY SLOPE ESMT ESMT I (WIpTH VARIES) 7 t55.1' (VARIES) 63' IXISTWAIE IROP PROP. CURB PROP.RANE PROP. CURB GR DE WALLUTILITY 34' t15.5' SIOEWDHI MANlE%ISi. PENCE PROP. SIDEWALK PROP, POOL DECK PROP. I(�MWTM n_ I } I/ (TO BE REMOVED) VARIES) PROP. MSE RETNNING WALL (i H:B� --___---__-___ PROP. 6' FENCE I�LF -__-7__--- ULA \ GK \ ----�- - __ I _ / SO II GRADE -__ ___ __- 211 ----'---_ TOP OF FENCE / _ - - - TOP OF FENCE /{ - iF-42.00 - PROP 5' POOL PROP. 6' W-77ENCE------- JSiRAD17 - FENCE PROP. RA PMOP. GRDELING _ _ _ _ _ _ 10 10 CURB & I2' BLDG SETBACN PROP, SWPLE 7- GU1BR 37. - - - - - - EXIST. CHANNEL / L___________J / I EX TOPPROP._ SLOPE RETAINING WALL---------------------- J 20' SETBACK PROP. 1AG00N WALL IUNLUENCE 2C• S, M // ^ SECTION F NTS II II v `c"R'noE II II 10 II II ID I I E%IST. CHANNEL I I --------------I NITS --------------------- / / 0 I 20' SETBACK D SECTION NTS SECTION L NTS ----------------------J // INFLUENCE I / LINE I 20SETBACK IRANE AVENUE Q R/W i40.7' EXIST. @ PROP. DRIVE AISLE 40' 1 EXIST. 20' 1 ST. 1-"STREET @HIGHWAY ESMT THE IRANE COMPANY I UTILITY ESMT 31' EXIST. 07' I 50 DRIVEWAY I I I I II I I � ----1_�-YEX$�E1-------- PROP. PR DRIVEWAY CEDE w 30 I I I I ... 20' SETBACK 20 SECTION M NTS NTS REQUIRED SETBACK FROM ADJACENT EX SLOPE PER CBC SECTION 1808.7 SECTION EX SLOPE HEIGHT (H) BLDG SETBACK POOL SETBACK B 12' 1 6' 3' E 3' 1 1' — F 6' 14' PER CDFORNM BUILDING CODE SECTION 1808.7: I608.7.1: BUILDING SEBACK = AT LEST THE SMALLER OF H/2 AND 15 FEET FROM TOE OF SLOPE A LEAST THE SMALLER OF H/3 AND 4DI BO8.7.3. POOL SEBACK _ 1/2OF BUILDING SEIPA K REQUIRED BY SECB H 1�B7,1 OF SLOPE SNUG HARBOR BACK BAY BARRELS, LLC 3857 BIRCH STREET, SUITE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 21 Site Development Review F:\PRWECTS\4206\001\PLANS\ENTITLEMENTS\SCHEMATIC PLANS\4206-001ETO5%S.DWG (07-24-2025 3:38:43PM) Plotted A, DTadillo FUSCOE ENGINEERING 15535 SAND CANYON AVE, SUITE 100 IRVINE, CA 92618 PHONE: 949.474.1960 C-05 SECTIONS 08/25/2025 20-278 A.L.T.A. 1 N.S.P.S. LAND TITLE SURVEY DATE OF SURVEY: JUNE 4, 2024 J.N. 162-001 SHEET 1 OF 8 TITLE REPORT; g1E SURJET Z IINSEL7 ON THE UEE.NIPTI.N FLRPLS 1.1. LANINLTTWAEALTH LAN. TI.... P.--LED ND 13FP11 91 SKH2-0N0, DATED MARCH 9, 2024. RECORD 4wNI:R• OPT{STATEOR INTGRRST IN THE 4 RERFPMIETFR RFAGRISFROR HFFIHHTDTOGO IFT1 RET TDISI POITT IS FEE EATATE TITLE TG BAIC ESTAIE CR NTEREST AT THE DATE HEREOF 18 VESTEC IN'. NEWPUiTGR'_uP, LLC LEGAL DESCRIPTION: (PER TITLE REPORTS ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CRY OF NEWPORT BEACH. CCIIFIP/OF ORANGE STATE GF OAU1e .LLeeseE 7EBU PARCEL HDI OF THAT CEFITANM CE RTIFN:ATE OF COMPLW K E NO 04-2 IN THE CITY OF NEWPORT BEACH. COIOF ORANGE, STATE 4F CALIFORNIA PF.CORDEP "Y 9I WA AS INSTRUMENT NO IA4I3IFPP. 4FFICAL RECORDS. .AiLiriIn6Tnln2'ROM, THAI PONS ION OP A.. L uESOnIAEu IN 1 nE ueeu AD TnE COUNTY OA OAANOL, RECORDED BEPTEMBER 4,109E A8 INSTRUMENT NO 9T 42EE OF OFFICIAL RECORDS. IN THE OFFICE OF THE In --ER OF L.ANOE OCJNTV, GLLIFOTNNU ALSO EXCEPTING THEREFRCM THOSE PORTONB THEREOF COFIV'YED Ih FEE TO T}iE COUNTY OF ORANGE BY CHO PFPeuTP eC7eeFE a1,muuI,gFCFq C Re EREOF CO VE EDIN LE70 THE A1IN.II1-2M 2A8111170Wi PA$FMrNT N,0TF$1 TN[ SSTATS 4R I1,71"N FT IN 1T111 LVR7 N[R[FVAFT[R P[1iCRIRT4 CR RRFiPRBP 74 C4VRMP R'TXIi DEPORT 4F A FEE. MEE LEGAL CEBCRFRION ASOVEI Al Yn0 RATF Irnr FLy.ouNN Tu UPAPINA3 IN ABDITIBN TO TRF MINTED EAtlPhRNi -0 FRv.uEIONS m SAID POLICY FmnDRM WOULD BE S FOLLOWS. 8, COVENANTS, CONCTTIONEANC RESTRICTIONS BUT OMITTING ANY CWEi'ARNI OR RESTRICTIONS. IFANY, INCLUG INC RUT NOT UW TEO TO TNGSP RASED JPON ROE, RACE, COLOR, R€LMM.9EI, GEMOER, GPNNFK IDENTITY. GENDER EAPRE98R]N, SEIIUAL ORIERTATON, MARITAL STATUS. NATIONAL ORIGIN ANCESTRY. Fmi LIAL %TATuR SOURCE OF INCOME, DISABIMTY vETERAN OR MRITAAT STATUS, CFNETIC I NPOR.ATION MEe1CAL CONDITION, CITIiFN9MIP. PRMARY LANOIJAOF. wE INNIORATION9 STATVS. AS 39T PDRTH IN APPLICABLE STATE OR FEOERAL LAWS, EXCEPT M THE -ENT THAT SAID COVENANT OR RESTRCTION 19 PERM REED. EED BT APREJINLE LAW. AS SET FORTH IN THE DOGMMENT IECAAGING DATE. BEPTEMNER9,­ RE.__ NO BOOK 437. PAGE .1 OF i]EEOL AND RECOREINO GATE: JUNE 1F, 1RI AND RECORDING NO BOOK B36 PAGE 129 OF WEDS SAID COVENANTS, CO'NDRI4N8 AND REBTRICTC-S PROVIDE THAT A Y OUIT" THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEEDOF TRUST MADE IN GOOD FAITH AND FOR VALUE. MODIFICATIONI9) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS REmROlNG 0.4TE- AUNEA 1BBD RECORDING NC. BOOK 5296. PAGE 230 OF OFFICIAL RECORDS A EA9ENENTL9] FOR THE PIIRPOBEI9) SHOWN BELOW AND WOHTS IWEENTAL THERETO AD SET FOITTH IN DOCD.F.I PURPOSE CONCEITS AMID BITCHES, FOR THE GONVEYNICE OF WATER NECARDIN. DATE JAN-1, 1- RECORDING NC. BORN 9. PAGE n IF OF OFFICIAL RECORDS B. RECITALS ON THE NAP OF TRACT 706 WHICH RESERVE A MONT OF WAY IN ALL STREETS SHOWN THEREON FOR PIPP LINE$, TELEPHONE, T€ FNU HANE POWER LINES. B, INTENROILLLLYDELETEO. I. COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVEIRINTS OR RESTRICTIONS. IF ANY, 1NCLUORC BUT NOT LIMITED TO THOSE MAE6 UPON ACE, WE, OOLOP, RELIGION_ SEA, .ENDER- CEIA IGENTDY. GINGER EXPRESSION. SEXUAL ORIENTATION, MARITAL BTATUS. 14ATIOW ORIGI N, ANCESTRY. FAMI HAL STATUS, SOURCE OF INLUME, DISAHILRY, VETERAN OR MILITARY STATUS, GENETIC I NFORMATIDN, NEDIGL CONDITION. LRIZENSHIP. PRIMARY LANGUAGE ANO IMMIGRATIONS STATUS. AS LET FORTH IN APPLICABLE STATE OR FEDERAL LAWS. EXCEPT TO THE EKTENT THAT END COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH IN THE DOOVUENT RECORDING DATE, ILLY 27.1C20 RECORD NO NO � DOCK 297. PAGE 147 OF OFFK:IAL RECORDS SNR COVENANTS- CONDITIONS AND RI PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR GEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE NA.- BITE' AANYAfiYb-1R14 ANDRECORDINGNO. BOOK 1229. PAGE 239 OF OFFICIAL RECORDS AN3RECORDINGGATE' AJNE2I. IARI ANDRECORDINGNO. BOOK 5206. PAGE 230 OF OFFICIAL RECORDS A. A PERPETUAL AIR OR FJGHT FA9FAENT.SCMETIMERREFEREED TO AL AVIGATfON RIGHTS. IN AND TO ALL THE AIR SPACE ABOVE THOSE PORTIONS OF PARTICULAR PLANES OR 1MALLNARY SURFACES THAT OVERLIE %AIP LAND PGR V3F RYARCRAFT, PRESRNTOR FUTURE. FROM OR TO TRR OPANOF COVNTYNRPPRT. SAID EASEMENTS AND RIGHTS BEING MORE PARTICULARLY DESCRIBED AND DEFINED IN AND GRANTED TO THE COUNTY OF OP.INGE RY NEED SET FORTH BELOW'. REODRLI NO DATE- LURCH 11, 1a61 -GOING ING NC'. BLJOK BRAN. FADET ITS OFFICPLL RELOROS 1HE PANES PNOIE WHDH 9IYO EA-SEYENT LIES ARE MORE PAAIIGJIARLY DESCRIBED IN SAID PE €D AMP SHOWN ON A MAP REFERRED M THEREIN_ 9INTENTIONALLY DELETED. 1D, ALEASE wI CENTAW TETRAS, tBvENulrs. CONDmONS AND PHICASSIONS SET FORTH THEREIN WEED: AUGUST P9, ISTG LES:AR THE IRVINE COMPANY, A WEST VIRGIN A GQiPoRATION LESSEE. GEORGEC IANE.57EVENG LANE ANDCHRETOPHER�OHES REGARDED SEPTERBER M. IDES REGARDING NO. BOOK GE0I, PAGE I IRBCFOFFICIALTECCRDS5 7HE PRESENT OWNERSHIP OF THC XIWH04D CREATED P SAID LEASE AND OTHCR NATTERS APPECTIIRL4 THE INTEREST OF THE LESSEE ARE MOT SHOWN HEREIN. AN AGREEMENT TO MOOIPY CERTAIN PROVOIC SOF SAND LBABE. AS SET FORTH IN THE DOCUMENT RECORDED' MAY6.1B®AS INSTRUMENT ND.-11-GFOFFILIALREGODDG REFERENCE IS HERESY HAD TO RAID DOCUMENT MR FULL PARTICUTARB II EASENENT(S]FOR THE PURPOSEI918HOWN BELOW AND RIGHTS IHCIEENTAL THERETO, AS GRANTED IN ADC-URENT. CRANTSD TO: SOUTHERN rA FORMA EDISON COMPANY, A CORPORAGON PURPOSE; WIRE$. UNOCRORDUND CDNPUIT$. CABLES VAULT$. MANHOLES. NAADiOLEB. AND INCLUDING -ROUND ENCLOSURES, MARKERS AND CONCRETE PAOS AND OTHER APPDRTFNAINT FIXTURES RECORD ING DATE. JANUARY 19, 1979 .-R.-NO- ROOK 11-. PAGE SAT OF OEEICIAL RECORDS AMEN' A PORTION CF END LNID 12. EA$€LENT{BFQR THE MJRPOREI$1 SHTNN BELOW AND RIGHT$ INCIGEMTAL THERETO AA SET FORTH IN DOLRJMENT: GRANTED TO THE CITE OF NEwPORT REACH PURPOSE- BEREFT, HIGHWAY AND UTILITIES I- -E JULY 21.1®] RECORDI NO NC. 37-473MT OF OFFICAL RECORDS AFFECTS.- A PORTION OP SAID LAND EASEMENT NOTES (CONT'D.): 13' EASEVENi;81 FOR THE PLIRFCG S1 SHOA'K BELOW AND RIGHTS INC 3ENTA_ THERETO AS SET FORDS IN DOCJNEN-: PJR-OBE STREETS AND ITCTIAAY RECORDINC BATE: WRIL3,'96A REDOiDINC 40: TOOK ­1 PAGE 33. OFOF-ICLTL RECORDS AFF a S: AF03 OK O=SAID L 3 14. NATTERS CONTA NED IN THAT CER-AII. DOCUMEK- ENTR_ED: DECLARATION OF SPECIAL WJD JSE RESTRICTIONS DATED. N 3.' EXECUTED 6Y: THE RV NE COMPIVJY. A LIICF GAR CORPORATIOK AND K EI!'PORT CCLF CLJB PARTNERS A C3_IFORNIA C ENET AIF PA3 KERSHIP RECOROINC DATE: MAY 25, 1994 RECORDING 10. 943599ED OF OFFICIAL RECORDS THE DOCU!/ENIT ENTITIED'RELEASE O= DECLARATION' REWRDINC DATE: SEPTEMBER 4.997 RECORDING NO: 3T-02B OFO-FICAL RECORDS 15. AM1 GAGE Vi TM -HE POWER OF SAID EAECU-ED B"NEVRT G3LF PARTNERS, A CALIFORNIA C ENERAL PARTNERSHIP Aa' MORTCAG R, TO -HE IRV NE COL'PANY Ali OF GAN COR=ORATION. AS MORTGAGEE FOR THE FGRY]SE OF SECURING ANY AND AL_ IKCREI.IENTS OF ACDI-IOKA_ PL RCHASE PR LE DESCR BED IN SECTCN9.4:A10FAADASSE-FORTH NTFE.ABOIEREFERREDiO DECLARATION 16. AN OPTION TO REPURCHAS= STUD LAND IN FAVOR OF THE RV NE C01.IPAN', A. 1.IICHICAN CORPORATION. UPON THE TER11S AND GONE T IONS AS -NOV DIED N THE A3CIE REFERRED TO DECLARATICN. f 77 NOK EXCLUSIVE EASEMEKTS ON. CVER, UNDER OR A: SS -FE _AN 3'WITHIN IE =EET FROM ALL PM]PERTY LINES BDRDERIKG ON AND PARA_LEL TO ANY PJBLIC CR PRTVA-ES-REEi -OR THE NSTALLATON, ENPIACEN£NT, OPERA ION AND lVAINTEN5NCE OF ELEC RC, CAB, TELEPHONE LADLE TELEV SON WA ER GAN TWR"SE'AER LINES. DRA NAGEFA.CIUMESORA.NYOTFERUTILI-IES. AS REa'ERVE3 N-FE 3EE3 FROM THE RVINE CDLIPANY. A MICHIGAN CDRPC HOK RECORDED IIAY 25 1994 AB INS RLJMEINF NO 9N-3E9331 OF OFFIC AL RECORDS. 18. NOK3CLUSIL'E EASEIAEKTS N CROSS ON. O TR, OR ACROSS THE LAND'.VITHIN AREAS ARE PIEKNITL' USED B' TF E PL6_IC OR A3JOIK ING LAKD ERS.55 CCNCN STRE-_ .PAN—E NAYS DR VEAAYS, ENTRANCE 'NAYS OR ACCESS WA'S, TOCETF ER N1'RR -FE RIGHT TO ENTER UPCIN TFE -AND ;'-UT REASONABLY NTER-ERING H'ITH GRANSEFES REASONABLE JSE AND EN.OYNENT THEREOFI IN ORDER TO SERV OF MAIKDA, N. REPA R, RECONSTPJCT RELOCAE OR REILAC= All OF SUCF STREETS OR VIAYS; P-ICES, NO ADJOINING LANDD'A'NERB S-AL_ FAVE ANY OBUCATICN TO SERVICE NIA. N-MN, REPAIR, REODNSTRJCT RELOCATE OR RPLACE SUCH STREETS CR'MA.YS OR TO PAY THE COST THEREOF UK -ESS SPTC1 DICALLY AGREED TO INS TIKC BY SUCH LANCOYI'NERS, AS RESERVED IN THE DEED FROM THE -NE CDKIP , A KIICHICAN CDREC HOK RECORDED li AY 25 19e4 AS INS RUKIENT NC. 94-3598310.0-FICAL RECORD'. f19 EAEFIVENT:S] FOR THE PURFCGE:S] SHCTA'K BELOW AND RIGHTS INC 3ENTA_ THERETO AS SET FORTH IN DOCJ PJR-DSE SLOPE REEOZ14C]ATE: SEPTEIVBER 4,- 997 RECORD NO. 9T-42S9E6 OF C-FICIAL RECORDS ALF-_ IS' IP03 ION O=SAID LAND 2C ANY DISCREPANCY IN THE REGARD QGATION OF THE C MHERU NE OF IRVIK E AVENUE AS DISLL0.SED BY MAP FILRD IN BOOK 23'e. SAGES 90= RECORDS OF SL RVEY IN THE OFF CE 0= TF E COUNT' RECORDER 0- ORANGE COUNTY, CALIFORNIA ,2� EASEIVENi;21 FOR THE PUNT E;S7 SHOOK BELOlW.AND RIGHTS INC 3ENTA_ THERETO AS BOND— NED B- AN IK5TRLNIENT ENTR_ED: N-ERLOCUTCRY JUCGE'UElJT CF CONDEN'NAGON COURT: SUER OR COURT O=CAL FCRNIA CASE NO.: 3ECC1203T IN FAVOR OF COUNT'CF ORAACE PJR-DSE ROAD. RETAINING WALL eS_OPE RECORDINC ]ATE:-EBRLARY 5.2W9 RECORDING NO 2C•335'P10 OF OFFICIAL RECORDS AFF a S: APD3 ION O=SAID LPN] AND RECORDING DATE. =EBRLARY%ME AND RECORDING 40: 2W3-73629 OF OFFICIAL RECORDS AND RECORDING DATE:-EBRLARY 19. M119 AND RECORDIKG NO. 2W3-]3a93 OF OFFICIAL RECORDS EASEVENi;51 FOR THE PLIRC S7 SHOOK BELOW AND RIGHTS INC 3ENTA_ THERETO, AS GRANTED IN DOCJNEN-: GRAMED TO. CIX1NT OF ORANGE PJRIOSE: SLOPES RECORDING BATE: OC-ODER 21 2C 14 RECORDINC 10: 201412T814 OF OFFICIAL RECORDS AFFE� S' APOR-I0K 0-GAID LAND 22 DISCRE'ANCIES, CONFLICTS IN BOUNDARY LINES, SRORTACE IN AREA EK-ITIIIENTI OR ANY OTHER NATTERS SHOWN 01 NYSE: RECORD OF SLRVEY RECORDING NO: COOK M. PAGES 2C AND 2B 0= RECORDS OF SLRVEY 24 P-EASE BE ADVISED THA OL R SEARCH 3ID NOT D SCLOSE AN' CPEII DEECS OF TRUST OF RECCRD. IF'OL SHOULD FAVE ANY KNO'NLEDGE OF ANY OLTS-AK ]ING OBL GATICN. PLEASE CONTACT THE -IT_E DEFARTIIEINF IKIN EDIATELY FOR FL RTHER N­E'A PNIOR -0 C_DSING. 25 ANY RIGH-S OF -HEARTIES IN P MSESSICN OF PCHITION CF, OF ALL OF. SAID LAND l%!F CH RGi S ARE NOT CSC 13 EY THE FUBL C RECORDS. THE COVPAN'HILL REQUIRE. FOR RE'nEVi.A FUL_ AND COUP -ET- COPY OF ANY JNRECORDED AGREEMENT. CONTRACT, L CENSE ANC,CR LASE, TOGE-FER'.A' TH ALL SLP1_Eb EN-S, ASSIGNMENT& AND AM-NOLIENTS THERETO. BEFORE ISSUING ANY POLICY OF TITLE INSJRANCE PATHOU- EXCEPTIKG IRIS ITEM FROM COYIERAGE. THE COVPAN' RESERVES THE R GR--D EXCEPT ADDITIONAL I -ENS AND'DR MANE ADDITIOKA_ REM RFNEKTS AFTER REVIEWING SA 3 DDCULIENTS. 2E DISCRE'ANCIES, CONFLICTS IN BOUNDARY LINES, SRORTACE IN AREA EK-ITIIIENTI OR AN' CTFER IAATTERS Yl ICH A CORRECT SLRl£Y 1.-OLLD DISCLOSE AND YlHICIFARE NOT SFOWN BY THE PJBLIC REGJRDS. 27 ANY EASEMEKTS NO ❑SCLOSED BY IRE L 2 FECORDS AS TO MATTERS AFFECTING T TLE TO REAL PROPERTY 'AFETHIER OR NOT SAID EASEf.1ENT8_ ARE BIBLE AND APPARENT 28 RATTERS WHICF'VAY BE DIBCLCG-, BY AN NSFEC-ION AND i OR BY A CORRECT AL -A i NSFS LAND -IT_E SURVEY OF SAID LAND THAT IS SATISFAGTOR" TO -F E CONI-AKY ARDOR BY INOL IRY O= THE PART ES IN POSSESS ON -F ERECF. VICIN T" MAP NO J SCA- SURVEYORS NOTES: RECORD REFERENCES: It = RECORD OF SLRVEY 23' �' 83', I.S.B. 223'28-29 R2-RECORD OF SLRVEY 32- S RG. 5.'E8'2&22 R3 = RECORD OF SLRVEY 23C4' O]2. I.S.B. 202C-1 T R4-RECORD OF SLRVEY 3."r'CC". I . 3'4;'24 LEGEND PROPERTY SOL NDARY PARCEL I _OT LINE STREET CENTERLINE FXIBTINC RIGHT O-'NAY PROPOSED RIGHT CE'l Y -------- EASEMENT LINE • FOUND MONUNIEAT SET YONJMEV %• DENOTES CASENIENTPLOTTED ON SHEET 2 ABBREVIATIONS AN ASSESSORS PARCEL NE TUBER MISC- LANEOLS RARE RO S. RECORD O=BURLEY LIh LOTL NE ADJLLSTIIEINF CDC. DOCUMENT PRO'. PROPERTY R'w BEIT OF-F3. FOUND I P. IRON P -E RS.B. RECORD O-SJRVEY BCOL C'L CENTERUNE P.R.C. POI Ni OF REVERSE CURVE TO: NTNPORTCCL-CLUB. LLC AND COIIN'CNWEALTIH LANOTTLECOMR5NY THIS IS -O CER-IFY BRA --HIS MAF CR FL1T.4ND THE SURVEY ON I. IF ILH I- IS 64BEC'NERE MADE N ACCORDANCE PATH THE 2O2' MINII.IUM STANDARD MTN_ REQUIREMENTS FOR ALTA'NSPS J TI-LE SJRL'EYORS .JOINTLY ELTABLISRED AK] ADOPTED BY AL -A AND NGPS .AND NCLU3ES NO ITEN'S OF TABLE THEREOF, -FE RELD'A'DRK AAS CDMPLETFD ON JUNE A, 2324. DATE OF PLOT OR NA JULY'. 2324 BY w21 _ GERALD R_ ANDENSCN, L.S. 9903 DATE T a T It� ETA NOTE. SECTION 9^3.60= THE CA_IFORNIA. BJSINESS AND PROFESSIONS CODE STATES THAT THE USE 0= THE VIDEO CERT =Y OR CERTIFICAT CN BY A LICEKSED LAND SL RVEYCR IN THE PRACT CE CF LAND SURVEYING CR THE PREPARATION 0- NAPS. PLAN. REPORTS. ]ESCR = ON— O-F ER SLR. 1KC 30CJU EN-S ONL' CONSTITJ ES AN EXFRESSICN OF PRO�SSIONA_ OPINION REGARDING THCSE FACTS OR =AND NOS Wi ICH ARE THE SUBJECT OF -FE CERT=ICA-IOK AND GOES NOT CONSTITJ-E A'WARR:KTY CR CUAR4N-EE, E THER EXPRESSED OR IMPLIED. PREPARED FOR: NEWPORT GOLF CLUB LLC 31W IEVIN E AVENUE NEWR-BEACF CALIFCRKA 9265C 949.4T4.192= PREPARED BY: \ j X ENGINEERING!C ULTING, INC. 6 Hutton Ca tra, [rive. Suite EEO Santa APT, C"alifnmia 92707 949S22.71D01 Aergincennginc om SNUG HARBOR BACK BAY BARRELS, LLC FUSCOE ENGINEERING 3857 BIRCH STREET, SUITE 521 15535 SAND CANYON AVE, SUITE 100 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92618 PHONE: 949.474.1960 Site Development Review I F:\PROTECTS\4206\001\PLANS\ENTITLEMENTS\SCHEMATIC PLWS\4206-001 ET06-08SV.DWG (07-24-2025 3:39:01 PANT Plotted Kv: DTadillo C-06 ALTA NSPS LAND TITLE SURVEY 08/25/2025 20-279 A.L.T.A.1 N.S.P.S. LAND TITLE SURVEY DATE OF SURVEY: JUNE 4, 2024 J.N. 162-001 SHEET20FB r� A.&I!" 11Wi714 R-S,W � R.�.8.2aq21-as B,&,B.10df49'bi Ra• D• 40• 80• / 15'RYE 1SaE' s1 f � k 13 2t9 17 y�r f �* P1L r�.s aatr twat r�/ \ rI POEiTIOH PACES 1 - r! RI ND. S40]fASP7 PDIET •A' ! HEREON r!r RED. MAY 1.15M. ` r 1S r7�' IAIL& DDMIIT, TFhA m 'ORRTA� MINTY � r i'� { ~ HEREON I7r t I 5VRr•_1'OR•, TER CORNER ftEflaRO 22 7/ NO. MTO-0014, DOSX O2' N NNW 2-1/T FuNCHE01 aw a DISK. STAWL0 UYrSNEmpr PE5 0 MIT FRC-Im P E5TAOUSP.R.C.. 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