HomeMy WebLinkAbout2025-80 - Approving an Affordable Housing Implementation Plan for the MacArthur Court Project Located at 4665, 4675, 4680, 4685 and 4695 MacArthur Court and 4770 Campus Drive (PA2025-0090)RESOLUTION NO. 2025- 80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING AN
AFFORDABLE HOUSING IMPLEMENTATION PLAN FOR
THE MACARTHUR COURT PROJECT LOCATED AT 4665,
4675, 4680, 4685 AND 4695 MACARTHUR COURT AND
4770 CAMPUS DRIVE (PA2025-0090)
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
pursuantto any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, an application was filed by The Irvine Company ("Applicant"),
concerning properties located at 4665, 4675, 4680, 4685 and 4695 MacArthur Court, and
4770 Campus Drive and legally described in Exhibit "A" ("Property"), which is attached
hereto and incorporated by reference;
WHEREAS, the Applicant is requesting entitlements for the development of
MacArthur Court Campus, a mixed -use campus consisting of two five -story residential
buildings containing 700 residential rental units ("MacArthur Court Apartments"), and a
10,000- square -foot nonresidential building ("Project");
WHEREAS, the Project would also retain the two existing high rise office towers
and an existing parking garage;
WHEREAS, the Applicant requests the following approvals to vest the development
rights for the Project:
• Development Agreement ("DA") - A development agreement between the
Applicant and the City, pursuant to Chapter 15.45 (Development Agreements) of
the Newport Beach Municipal Code ("NBMC"), which would provide the Applicant
with the vested right to develop the Project for a term of 10 years and to provide
negotiated public benefits to the City; and
Resolution No. 2025-80
Page 2 of 7
• Affordable Housing Implementation Plan ("AHIP") - A preliminary plan specifying
how the Project would contribute affordable housing as a public benefit, by
providing affordable housing units equivalent to 7% of up to 700 market rate
residential units, or up to 49 affordable housing units;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the
General Plan Land Use Element and is located within the Koll Center Planned Community
(PC-15) Zoning District - Office Site C;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, a public hearing was held by the Planning Commission on October
23, 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;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2025-023 by a unanimous vote (5 ayes, 2 absent) recommending the City Council
approve the Project; and
WHEREAS, a public hearing was held by the City Council on November 18, 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 the Ralph M. Brown Act,
Chapter 20.62 (Public Hearings) of the NBMC, and Section 15.45.050 (Public Hearing -
Notice) of the NBMC. Evidence, both written and oral, was presented to and considered
by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council 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 Affordable Housing
Implementation Plan, which is attached hereto as Exhibit "B" and incorporated herein by
reference.
Resolution No. 2025-80
Page 3 of 7
Section 3: The AHIP has been prepared by CAA Planning, Inc. dated
September 2025, for the Project consistent with the intent to implement affordable
housing goals within the City pursuant to the Sixth Cycle Housing Element in response to
the Regional Housing Needs Assessment ("RHNA") allocation for the following reasons:
1. The Applicant has committed to assisting the City in the provision of additional
affordable housing opportunities. The location, type, affordability level, design,
and other details will be determined in the future as part of a site -specific project
review. The AHIP is attached as Exhibit "B" to this resolution and incorporated
herein by reference.
2. The AHIP proposes the construction of 700 residential units that will be rented
at market rate on the Property. The Applicant will construct new affordable
housing units equal to 7% of the new market rate units constructed on the
Property, or 49 affordable units. The Applicant will identify an appropriate site
to develop a new affordable housing project for these 49 affordable units. The
Project will facilitate the City's efforts in attaining its Sixth Cycle RHNA mandate
through the provision of market -rate and affordable units.
3. The AHIP has been prepared consistent with the provisions of Section
20.52.015 (Affordable Housing Implementation Plan) of the NBMC.
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.
Section 6: Pursuant to the California Environmental Quality Act ("CEQA") as set
forth in California Public Resources Code Section 21000 et seq. and its implementing
guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3
("CEQA Guidelines"), the City Council adopted Resolution No. 2024-50 on July 23, 2024,
certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"),
approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting
Findings and a Statement of Overriding Considerations related to the implementation of
the Housing Element involving amendments to the General Plan, Coastal Land Use Plan,
Resolution No. 2025-80
Page 4 of 7
and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the NBMC which are available at: Housing Implementation Program EIR.
1. The Project is not subject to further environmental review pursuant to Section
21083.3 of the California Public Resources Code (PRC) and Section 15183 of the
CEQA Guidelines because, inasmuch as the Properties involved are all within the
HO-1 Subarea, the Project does not change the underlying land use or zoning
designations; and would not result in new significant impacts or a substantial more
adverse impact than addressed in the PEIR. A detailed consistency analysis has
been prepared by T & B Planning Inc., dated September 2025, and peer reviewed
by Kimley-Horn & Associates, Inc., and is attached hereto as Exhibit "C" and
incorporated herein by reference.
2. Section 15183 of the CEQA Guidelines provides, in relevant part:
a. Projects which are consistent with the development density established by
existing zoning, community plan, or general plan policies for which an
environmental impact report ("EIR") was certified shall not require additional
environmental review, except as might be necessary to examine whether
there are project -specific significant effects which are peculiar to the project
or its site. This streamlines the review of such projects and reduces the
need to prepare repetitive environmental studies.
b. In approving a project meeting the requirements of this section, a public
agency shall limit its examination of environmental effects to those which
the agency determines, in an initial study or other analysis:
Are peculiar to the project or the parcel on which the project would
be located;
ii. Were not analyzed as significant effects in a prior EIR on the zoning
action, general plan, or community plan, with which the project is
consistent;
iii. Are potentially significant off -site impacts and cumulative impacts
which were not discussed in the prior EIR prepared for the general
plan, community plan or zoning action; or
iv. Are previously identified significant effects which, as a result of
substantial new information which was not known at the time the EIR
Resolution No. 2025-80
Page 5 of 7
was certified, are determined to have a more severe adverse impact
than discussed in the prior EIR.
c. If an impact is not peculiar to the parcel or to the project, has been
addressed as a significant effect in the prior EIR, or can be substantially
mitigated by the imposition of uniformly applied development policies or
standards, as contemplated by subdivision (e) below, then an additional EIR
need not be prepared for the project solely on the basis of that impact.
d. This section shall limit the analysis of only those significant environmental
effects for which. -
Each public agency with authority to mitigate any of the significant
effects on the environment identified in the EIR on the planning or
zoning action undertakes or requires others to undertake mitigation
measures specified in the EIR which the lead agency found to be
feasible, and
ii. The lead agency makes a finding at a public hearing as to whether
the feasible mitigation measures will be undertaken.
e. An effect of a project on the environment shall not be considered peculiar
to the project or the parcel for the purposes of this section if uniformly
applied development policies or standards have been previously adopted
by the city or county with a finding that the development policies or
standards will substantially mitigate that environmental effect when applied
to future projects, unless substantial new information shows that the policies
or standards will not substantially mitigate the environmental effect. The
finding shall be based on substantial evidence which need not include an
EIR. Such development policies or standards need not apply throughout the
entire city or county but can apply only within the zoning district in which the
project is located, or within the area subject to the community plan on which
the lead agency is relying. Moreover, such policies or standards need not
be part of the general plan or any community plan but can be found within
another pertinent planning document such as a zoning ordinance.
3. As part of its decision -making process, the City is required to review and
consider whether the Project would create new significant impacts or significant
impacts that would be substantially more severe than those disclosed in the
PEIR. Additional CEQA review is only triggered if the Project's new significant
Resolution No. 2025-80
Page 6 of 7
impacts or impacts that are more severe than those disclosed in PEIR such
that major revisions to the PEIR would be required.
4. The PEIR contemplated those future projects meeting the thresholds of Senate
Bill No. 610 (SB 610) would require the preparation of a Water Supply
Assessment. The project area is within the Irvine Ranch Water District (IRWD)
service area and the PEIR concluded that water demands from future housing
projects would result in a significant and unavoidable impact concerning water
supply. The City, therefore, adopted a Statement of Overriding Consideration
for this impact in connection with its certification of the PEIR.
5. The Project is consistent with the development density and use characteristics
established by the City's General Plan Housing Implementation Program as
analyzed by the PEIR, and the required determinations can be made, as
detailed in Exhibit "C" of this resolution and incorporated by reference.
Section 7: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Resolution No. 2025-80
Page 7 of 7
Section 8: This resolution shall take effect upon the effective date of the
associated ordinance for the project filed as PA2025-0090, and the City Clerk shall certify
the vote adopting the resolution.
ADOPTED this 18th day of November, 2025.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFLE---
Aaron C. Harp
City Attorney
Attachments: Exhibit "A" — Legal Description
Exhibit "B" — Affordable Housing Implementation Plan
prepared by CAA Planning Inc. dated May 2025
Exhibit "C" — CEQA Consistency Analysis prepared by T&B
Planning Inc. dated October 2025
Exhibit "D" — Conditions of Approval
Exhibit "A"
Legal Description
The Land referred to herein below is situated in the City of Newport Beach, County of
Orange, State of California, and is described as follows:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 84-716, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP
FILED IN BOOK 196, PAGE 40 THROUGH 43 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B.-
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 68, PAGE 19 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C:
PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 84-716, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL
MAP FILED IN BOOK 196, PAGES 40 THROUGH 43 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APNs:
445-121-14
(Affects Parcel A)
445-121-05
(Affects Parcel B)
445-121-15
(Affects Parcel 2 of Parcel C)
445-121-16
(Affects Parcel 3 of Parcel C)
445-121-17
(Affects Parcel 4 of Parcel C)
Exhibit "B"
AFFORDABLE HOUSING IMPLEMENTATION PLAN PREPARED BY CAA PLANNING
INC. DATED SEPTEMBER 2025
MACARTHUR COURT
AFFORDABLE HOUSING
IMPLEMENTATION PLAN
Prepared For:
The City of Newport Beach
September 2025
Contents
L
kntroducdon-------------------------------------------'
|
Background ___________________________________---------|
ll.
Affordable Housing Plan ..............................................................................................................
]
Proposed Pkan------------------------------------------'.
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Numbero[Affordable Or�ts/bncmnoLevels ....................................................................
................................... ]
Implementation.........................................................................................................................................................
.
Conclusion..................................................................................................................
.............................................. 4
DLConsistency
with Housing Element ............................... .......................................
............................................... 5
IV.
Amendments 0uthe &HD,.......................................................................................................................................
z
Figures
i
MacArthur Court
Affordable Housing Implementation Plan
I. Introduction
The MacArthur Court project approval by the City of Newport Beach will implement the goals and
policies of the City's General Plan. With the project, MacArthur Court, as shown on Exhibit 1, will
consist of a mixed -use office and residential community with retail located at the strategic intersection
of MacArthur Boulevard and Campus Drive in the City's Airport Area, a regional center comprised of
professional office, residential, retail, recreation and hotel uses in proximity to John Wayne Airport.
The subject property is located within the HO- I subarea (Airport Area Environs Area) as identified in
Newport Beach Municipal Code Sections 20.80.025 (Housing Opportunity Overlay Zoning Districts
maps) and 20.28.050 (Housing Oopportunity (HO) Overlay Zoning Districts) including 4665, 4675,
4680, 4685, and 4695 MacArthur Court and 4770 Campus Drive.
With the project, a total of 700 residential units may be developed on MacArthur Court. The City has
not adopted an inclusionaiy housing policy. However, the City is encouraging new residential
development projects to provide affordable housing. This Affordable Housing Implementation Plan
(AHIP) outlines how affordable housing will be provided relative to the 700 new residential units
allowed at MacArthur Court.
Background
On September 13, 2022, the Newport Beach City Council adopted the 6th Cycle Housing Element for
the 2021-2029 planning cycle in response to the Regional Housing Needs Assessment (RHNA)
allocation. The Housing Element identifies moderate income households as those with annual incomes
between 81 % and 120% of the County median household income. Low-income households are those
with annual incomes between 51 % and 80% of the County median household income. Very -low
income households are those with annual incomes between 3 1 % and 50% of the County median
household income. Extremely low-income households are those with annual incomes of 340% or less
of the County median household income. While the Housing Element does not require an AHIP, this
document has been prepared to outline how the development will meet the City's affordable housing
goal.
The Southern California Association of Governments (SLAG) prepares the state -mandated RHNA.
The RHNA quantifies the need for housing within each jurisdiction during specified planning periods.
The City's General Plan Housing Element must include its "fair share" regional housing needs
allocation for all income groups which must be updated periodically. The most recently published
SCAG RHNA identifies the City allocation as follows:
• Total allocation between 10/ 15/2021 and 10/ 15/2029 — 4,845 units
• Very -low income allocation — 30% (1,456 units)
• Low-income allocation — 19% (930 units)
• Moderate -income allocation — 22% (1,050 units)
MacArthur Court
Affordable Housing Implementation Plan
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CAMPUS DPYE
445-12i -05
"S-121.15
dd5-121-17
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415-121-is
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Exhibit 1 — MacArthur Court
MacArthur Court 2
Affordable Housing Implementation Plan
II. Affordable Housing Plan
Proposed Plan
This Affordable Housing Implementation Plan includes the following plan.
A. Construction of New Affordable Housing Units
Irvine Company owns property within Newport Beach that would allow For the development of new
affordable housing. Irvine Company proposes to identify an appropriate site for the development of
affordable housing and to develop a new affordable housing project. Due to land costs, the location
may be located outside of the Airport Area.
The units must be sold or rented to households qualifying as very -low or low-income households, The
annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty percent
(30%) of the Very -Low or Low-income limits. The restriction on these units — for example, tenant
selection procedures, monitoring — will be included in an affordable housing agreement, which shall
be'submitted for review and approval by die City Attorney and recorded against the proper-ty(ies).
B. Dedication of Property to the City
If Irvine Company is unable to construct new affordable housing units as described in Section ILA
above and in a manner consistent with the Implementation terms below, Irvine Company shall dedicate
land to the City, which could include land not currently zoned for residential use, for the purpose of
future affordable housing development. The site shall be of adequate size to allow for construction of
at least 49 affordable housing units at an assumed density of 20-50 dwelling units to the acre. The site
shall be free of any restrictions such as easements, covenants, conditions, or other restrictions that
would preclude or make financially infeasible the development of the intended affordable housing
development as determined by the City. The City shall coordinate with Irvine Company regarding
design. Notwithstanding any covenants, conditions or other restrictions, the City shall be the final
review authority regarding design of the building(s) and property.
C. Fee Payment
In the event that construction of new affordable housing units as described in Section ILA above, or
dedication of property as described in Section II.B above, is not possible, Irvine Company shall pay
the City an affordable housing in -lieu fee of $36,690 per market -rate unit constructed. If the City
determines that the conditions in Sections II.A and II.B above cannot be met, the fee for any market -
rate unit that has received a building permit shall be paid to the City within 90 days of said
determination. For any remaining market -rate units to be constructed, the in -lieu fee shall be paid at
the time of building permit issuance.
Number and Type of Affordable Units
The Irvine Company proposes to build new affordable housing units which equate to 7% of new
market -rate housing units built at MacArthur Court. Irvine Company shall be permitted to construct
conventional affordable housing or senior affordable housing. Irvine Company shall be required to
build the number of affordable housing units equivalent to 7% of new market -rate residential units
permitted. Irvine Company is contemplating the construction of approximately 700 new market -rate
residential units at MacArthur Court, which would require construction of 49 new affordable units. If
MacArthur Court 3
Affordable Housing Implementation Plan
additional affordable units are provided (or land is dedicated that will accommodate more affordable
housing units) in excess of the 7% requirement, Irvine Company shall be allowed to offset any fixture
residential development against the excess affordable units provided.
Implementation
The new affordable housing units shall be constructed on a single site (which may include additional
new affordable housing units that are intended to meet the affordable housing requirements related to
other projects in the City) and may be implemented in a single phase or in multiple phases. Irvine
Company shall secure the first approved building permit (i.e. issued) from the City by January 31,
2029, for the affordable housing units required under this AHIP (Section ILA), unless the deadline is
extended by the Director of Community Development upon mutual consent of the parties.
Conclusion
Implementation of this AHIP will result in the availability of affordable housing units as identified
above within the City of Newport Beach in accordance with the City's Housing Element.
MacArthur Court
Affordable Housing Implementation Plan
III. Consistency with Housing Element
The City of Newport Beach adopted a Housing Element Implementation Plan in 2024. A Housing
Element was included in the General Plan in accordance with state law. The Housing Element was
updated in 2022 and amended in 2024. The Housing Element identifies goals and programs for the
provision of affordable housing in the City. The AHIP is intended to meet the specific goals of the
Housing Element as follows:
Housing Goal 43 A variety of housing tvpes, designs, and opportunities for all social and
economic segments.
Housing Policy 3.1 Encourage preservation of existing and provision of new housing
affordable to extremely low-, very low-, low-, and moderate -income
households.
The AHIP supports the City's requirement for the provision of affordable housing for all new
residential development. The Irvine Company has prepared a Development Agreement in accordance
with this Policy/Program.
Housing Goal #S Preservation of the City's housing stock for extremely low-, very low-, low-, and
moderate -income households.
Housing Policy 5.1 Continue or undertake the following programs to mitigate potential loss of "at risk"
units dare to conversion to market -rate units. These efforts utilize existing City and
local resources. They include efforts to secure additional resources from public and
private sectors should they become available.
The affordable housing provided per the AHIP will increase the City's affordable housing stock. The
units will be deed -restricted to remain affordable for a period of 55 years. In addition, the developer
will provide periodic reports in the form required by the City. The provision of the affordable housing units
will assist the City in meeting Housing Element Goal # 1: Provision of adequate sites to accommodate projected
housing unit growth needs identified by the 2021-2029 RHNA.
In conclusion, the AHIP is consistent with the relevant goals and programs in the City's 2022 General Plan
Housing Element.
IV. Amendments to the AHIP
This AHIP may be amended with the approval of the City Council.
V. Authority
The AHIP has been adopted by the City of Newport Beach per Resolution No. 2025-_ on the 18th
day of November, 2025.
MacArthur Court
Affordable Housing Implementation Plan
Exhibit "C"
CEQA Consistency Analysis prepared by T&B Planning Inc. dated October 2025
https://ecros newportbeachca gov/WEB/DocView aspx?id=3187695&dbid=0&repo=CNB
Appendix A — Mitigation, Monitoring, and Reporting Program ("MMRP")
Applicability Matrix:
https:Hecros newportbeachca qov/WEB/DocView aspx?id=3187694&dbid=0&repo=CNB
Appendix B — Water Supply Assessment (WSA)
https:Hecros newportbeachca gov/WEB/DocView aspx?id=3187693&dbid=0&repo=CNB
Exhibit "D"
Conditions of Approval
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved MacArthur
Court Development Agreement dated September 25, 2025, and Affordable Housing
Implementation Plan dated May 2025 (except as modified by applicable conditions
of approval).
2. Prior to the issuance of building permits, the Applicant shall obtain all applicable
discretionary permits (e.g. Site Development Review, Subdivision Map, etc.). The
Applicant shall comply with all conditions of approval for said discretionary permits.
3. The Project is subject to compliance with all applicable submittals approved by the
City of Newport Beach ("City") and all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use may be cause for revocation of this
Development Agreement and Affordable Housing Implementation Plan.
5. Any change in operational characteristics, expansion in area, or other modification
to the approved plans, shall require an amendment to this Development Agreement
or Affordable Housing Implementation Plan or the processing of a new Development
Agreement or Affordable Housing Implementation Plan.
6. Prior to the issuance of a building permit, an affordable housing agreement shall
be executed in a recordable form as required by the City Attorney's Office.
7. The Applicant shall comply with all provisions of the Development Agreement for
the Project including payment and timing of the public benefit fees.
8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans before issuance of
the building permits.
9. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
10. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoeverwhich may arise
from or in any manner relate (directly or indirectly) to City's approval of MacArthur
Court Project including, but not limited to, the Affordable Housing
Implementation Plan (PA2025-0090). (For the avoidance of doubt, this indemnity
obligation does not extend to any Claims to attack, set aside, void or annul the City's
General Plan, any element thereof, or zoning where Applicant is not a party to the
litigation as a named defendant or real party in interest in a direct challenge to the
Project. In no event shall this be construed as obligating the City to defend against
or take other action that is related in any way, directly or indirectly, to a challenge,
lawsuit, or other legal action to attack, set aside, void or annul the City's General
Plan, any element thereof, or zoning.) This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or
bringing such proceeding. The Applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The Applicant shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; the foregoing Resolution No. 2025-80 was
duly adopted by the City Council of said City at a regular meeting held on the 18th day of November, 2025,
by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Noah Blom,
Councilmember Michelle Barto, Councilmember Robyn Grant, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 19th day of November, 2025.
Lena Shumway
City Clerk
City of Newport Beach, California