HomeMy WebLinkAbout18 - Certification of Referendum Petition approving a General Plan Amendment for the Snug Harbor Surf Park ProjectQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 27, 2026
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lena Shumway, City Clerk - 949-644-3005,
Ishumway@newportbeachca.gov
PREPARED BY: Lena Shumway, City Clerk
TITLE: Certification of Referendum Petition on Resolution No. 2025-71
approving a General Plan Amendment for the Snug Harbor Surf Park
Project Located at 3100 Irvine Avenue, Newport Beach, CA and
Consideration of Council Action Options
ABSTRACT:
On October 28, 2025, the Newport Beach City Council approved the redevelopment of a
portion of the privately owned Newport Beach Golf Course to allow construction of the
Snug Harbor Surf Park, a surf -oriented outdoor commercial recreational facility. As part
of the approval, the City Council adopted Resolution 2025-71, amending the City's
General Plan to increase the allowable development limit on the site from 20,000 square
feet to 59,772 square feet. Newport Beach resident Steven Vickers subsequently filed a
referendum petition challenging the General Plan amendment to increase the allowable
development limit. The Orange County Registrar of Voters certified that the petition
contains the required number of valid signatures to place the matter on the ballot.
Pursuant to California Elections Code 9241, the City Council must now either repeal the
approved increase in development intensity or submit the measure to the voters at a
future election.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act
CEQA) pursuant to Public Resources Code Section 21080 and Sections 15060(c)(1),
(2) and (3) and 15378(b)(3) of the CEQA Guidelines because the action does not
constitute a project and will not result in a physical change to the environment, directly
or indirectly;
b) Authorize City staff to prepare and execute a budget amendment, as needed, to
implement the City Council's selected course of action and to appropriate sufficient
funds to cover associated costs based on the option approved by the City Council;
c) Accept the certification of the Orange County Registrar of Voters as to the verification
of signatures of the Referendum Petition; and
d) Take one of the following actions:
Certification of Referendum Petition and Consideration of Council Action Options
Page 2
(i) Adopt Resolution No. 2026- A Resolution of the City Council of the City of
Newport Beach, California, Repealing City Council Resolution 2025-71; or
(ii) Call a Special Municipal Election. By motion, decide whether to submit an
argument against the proposed referendum (pursuant to Elections Code Section
9282) and, if submitting such an argument, designate the authors; and then adopt the
following resolutions: (1) Resolution No., A Resolution of the City Council of the City
of Newport Beach, California, Calling for and Giving Notice of a Special Municipal
Election to be held on June 2, 2026, for the Submission of a Referendum on
Resolution No. 2025-71 Approving a General Plan Amendment for the Snug Harbor
Surf Park Project Located at 3100 Irvine Avenue, Newport Beach, California and
Requesting the Orange County Board of Supervisors Authorize the County Elections
Official to Consolidate the Special Municipal Election with the Statewide Primary
Election to be Held on the Same Date; (2) Resolution No., A Resolution of the City
Council of the City of Newport Beach, California, Directing the City Attorney to Prepare
an Impartial Analysis of a Referendum to be Submitted to the Voters at the Special
Municipal Election to be Held on June 2, 2026, and Providing for the Deadlines for
Filing of the Impartial Analysis and Written Arguments For and Against the
Referendum Measure; and (3) Resolution No., A Resolution of the City Council of the
City of Newport Beach, California, Setting the Deadlines for Filing of Rebuttal
Arguments in Response to Direct Arguments Filed For and Against a Referendum to
be Submitted to the Voters at the Special Municipal Election to be Held on June 2,
2026; or
(iii) Call a General Municipal Election. By motion, decide whether to submit an argument
against the proposed referendum (pursuant to Elections Code Section 9282) and, if
submitting such an argument, designate the authors; and then adopt the following
resolutions: (1) Resolution No. A Resolution of the City Council of the City of Newport
Beach, California, Calling for and Giving Notice of a General Municipal Election to be
Held on November 3, 2026, for the Submission of a Referendum on Resolution No.
2025-71 Approving a General Plan Amendment for the Snug Harbor Surf Park Project
Located at 3100 Irvine Avenue, Newport Beach, California and Requesting the
Orange County Board of Supervisors Consolidate the General Municipal Election to
be Held on the Same Date; (2) Resolution No., A Resolution of the City Council of the
City of Newport Beach, California, Directing the City Attorney to Prepare an Impartial
Analysis of a Referendum to Be Submitted to the Voters at the General Municipal
Election to be Held on November 3, 2026, and Providing for the Deadlines for Filing
the Impartial Analysis and Written Arguments For and Against the Referendum
Measure, and (3) Resolution No., A Resolution of the City Council of the City of
Newport Beach, California, Setting the Deadlines for Filing of Rebuttal Arguments in
Response to Direct Arguments Filed For and Against a Referendum to be Submitted
to the Voters at the General Municipal Election to be Held on November 3, 2026.
DISCUSSION:
On October 28, 2025, the Newport Beach City Council considered an application for the
redevelopment of the central portion of the privately owned Newport Beach Golf Course
located at 3100 Irvine Avenue, Newport Beach, California (Property). Following its
consideration of the application, the City Council approved the proposed redevelopment
of the Property.
Certification of Referendum Petition and Consideration of Council Action Options
Page 3
As part of the approval, the City Council adopted Resolution 2025-71, which amended
the City's General Plan to increase the allowable development limit on the Property from
20,000 square feet to 59,772 square feet.
Thereafter, Newport Beach resident Steven Vickers subsequently filed a referendum
petition challenging the General Plan amendment to increase the allowable development
limit. A copy of the referendum petition titled "Referendum on Resolution No. 2025-71
Approving a General Plan Amendment for the Snug Harbor Surf Park Project Located at
3100 Irvine Avenue, Newport Beach, California," is attached hereto as Attachment A
(Referendum).
The Referendum only challenged the increase in allowable density approved by
Resolution No. 2025-71 and does not challenge the other resolutions and approvals
adopted by the City Council in connection with the project, including Resolution Nos.
2025-72, 2025-73, and 2025-74, which approved a conditional use permit, certified the
environmental impact report, and overrode the Airport Land Use Commission's
determination of inconsistency. These latter resolutions are not subject to referendum
because they are not legislative acts.
On December 4, 2025, the Referendum petition was submitted to the city clerk. In
accordance with the City Charter and the California Elections Code, the city clerk received
and examined the petition. Following the prima facie examination required by law, the city
clerk determined that the petition contained the requisite number of signatures of
registered City of Newport Beach electors and, on December 5, 2025, the city clerk
forwarded the petition to the Orange County Registrar of Voters for verification of
signatures.
On January 20, 2026, the Orange County Registrar of Voters certified the petition
contains the required number of valid signatures of City electors to qualify the
Referendum for placement on the ballot. A copy of the certification is attached hereto as
Attachment B (Certification).
Now that the Referendum petition has qualified for placement on the ballot, the General
Plan amendment to increase the allowable development limit from 20,000 square feet to
59,772 square feet, as set forth in Resolution No. 2025-71, will not take effect unless it is
approved by a majority of the qualified voters of the City of Newport Beach.
Pursuant to the California Elections Code, the City Council is now required to take one of
the following actions:
1. Adopt a resolution repealing Resolution No. 2025-71, which approved a General
Plan Amendment for the Snug Harbor Surf Park Project located at 3100 Irvine
Avenue, Newport Beach, California; or
2. Submit the Referendum measure to the voters at one of the following elections:
a. A special election ordered for the purpose of considering approval of Resolution
No. 2025-71, which must be held no fewer than 88 days after the City Council
accepts the certification of the referendum petition; or
Certification of Referendum Petition and Consideration of Council Action Options
Page 4
b. A general municipal election to consider the approval of Resolution No. 2025-
71, scheduled for November 3, 2026.
If the City Council elects to call a special election, the Referendum measure may be
consolidated with the June 2, 2026, Statewide Primary Election, which would result in
cost savings compared to conducting a standalone special election; or it may be
consolidated with the next general municipal election. The estimated cost of placing the
referendum measure on the ballot is: $113,986 — $143,606, which includes costs
associated with the voter information guide, ballot printing and postage, voting equipment,
and other related election administration expenses.
FISCAL IMPACT:
Depending on whether the City Council chooses to overturn resolution 2025-71, call a
special municipal election or consolidate the measure with the next general municipal
election, a budget amendment will be required to cover associated election and
administrative costs.
Option 1. Limited Fiscal Impact
Should the City Council choose to repeal Resolution 2025-71, there would be no election
costs, and the only costs would be associated with the verification of signatures by the
Orange County Registrar of Voters.
Option 2. Consolidated the General Municipal Election with the General Statewide
Election of November 3, 2026, or June 2, 2026, Statewide Primary Election
$113,986 — $143,606 (budget augmentation will be required).
ENVIRONMENTAL REVIEW:
If the City Council decides to repeal Resolution No. 2025-71, staff recommends that the
City Council find that this action is not subject to the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code section 21080, on the basis that the repeal
of the General Plan Amendment approved by Resolution No. 2025-71 does not constitute
a "project" for purposes of CEQA.
In addition, the City Council's action does not constitute a project under section
15378(b)(3) of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3), because the decision to submit Resolution No. 2025-71 to a vote of the
electorate pursuant to a voter -sponsored ballot measure does not involve a discretionary
action and is not a project for purposes of CEQA. Furthermore, the action is exempt from
CEQA pursuant to sections 15060(c)(1), 15060(c)(2), and 15060(c)(3) of the CEQA
Guidelines, as it does not involve the exercise of discretionary powers, and will not result
in a direct or reasonably foreseeable indirect physical change in the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Certification of Referendum Petition and Consideration of Council Action Options
Page 5
ATTACHMENTS:
Attachment A - Initiative Petition
Attachment B - Certificate as to Verification of Signatures on Petition
Attachment C - Resolution, Repealing City Council Resolution 2025-71
Attachment D - Resolution Calling and Giving Notice of June 2, 2026, Special Municipal
Election
Attachment E —Resolution Calling and Giving Notice of November 3, 2026, General
Municipal Election
Attachment F - Resolution Directing City Attorney to Prepare Impartial Analysis and
Setting Deadlines for Arguments
Attachment G - Resolution Setting Rebuttal Argument Deadlines for the 2026 Election
Attachment A
REFERENDUM AGAINST A RESOLUTION PASSED BY THE
CITY COUNCIL.
COUNCIL RESOLUTION NO.2025-71.
TO THE CITY COUNCIL OF NEWPORT BEACH, CALIFORNIA: We, the undersigned, registered and qualified voters
of Newport Beach, California, pursuant to Newport Beach City Charter section 1003, Article 11, Sections 1 and 11 of the
California Constitution, and Article 2 of Chapter 3 (commencing with Section 9235) of Division 9 of the California Elections
Code, hereby protest the adoption by the City Council of Resolution No. 2025-71, the general plan amendment for the Snug
Harbor Surf Park Project, adopted by the City Council on or about October 28, 2025. We petition the City Council to
reconsider and repeal Resolution No. 2025-71, or, if it does not repeal the Resolution, then to submit it to a vote of the
electors at the earliest possible election. A summary of Resolution No. 2025-71 is set forth below.
CITY OF NEWPORT BEACH
CITY ATTORNEY'S IMPARTIAL SUMMARY
OF THE REFERENDUM OF RESOLUTION NO.2025-71
APPROVING A GENERAL PLAN AMENDMENT
FOR THE SNUG HARBOR SURF PARK PROJECT LOCATED AT
3100 IRVINE AVENUE, NEWPORT BEACH, CALIFORNIA
On October 28, 2025, the Newport Beach City Council considered an application ("Application") filed by CAA Planning,
on behalf of Back Bay Barrels, LLC (collectively the "Applicant"), for the redevelopment of the private property owned
by Newport Golf, LLC, located at 3100 Irvine Avenue, Newport Beach, California ("Property"). In the Application, the
Applicant proposed to redevelop approximately 15.38-acres in the center of the privately owned Property, currently
occupied by the driving range, putting green, pro -shop, restaurant and bar, and three golf holes, into a new surf -focused
outdoor recreational facility commonly known as the Snug Harbor Surf Park Project ("Project").
The Project would include construction of a five -acre surf lagoon divided into two hydrologically separate basins.
Features would include viewing platforms, seating areas, pools, restrooms, and drought -tolerant landscaping.
A new clubhouse would provide a reception and lobby area, surf academy, fitness and yoga studios, administrative
offices, locker rooms, retail space, restaurant, viewing suites, and a coffee and snack bar. The basement level would
include golf cart storage, surfboard and equipment storage, and mechanical facilities.
The Project also includes an athlete accommodation building with 20 rooms. A total of 351 parking spaces, including 91
spaces dedicated to golf, are provided on the Project site to support the Project with parking, distributed across two
surface lots and partially shaded by solar canopies. The Project would support the remaining 15-hole golf course and
facilitate continued golf by providing parking, a check -in station (starter) on the Project site, golf cart storage within the
basement level of the Project's proposed clubhouse building and maintenance of connection between all golf holes.
The Property is currently designated Parks and Recreation (PR) under the City's General Plan Land Use Element. PR -
designated properties allow active and passive recreation uses, such as golf courses, aquatic facilities, private recreation
clubs, and similar activities.
While the Project is consistent with the PR designation, the Applicant requested an amendment to the General Plan to
increase the allowable development limit (for Anomaly No. 58 in Table LU2 of the General Plan Land Use Element) by
39,772 square feet from 20,000 square feet to 59,772 square feet ("Amendment").
Following review of the proposed Amendment, the City Council determined the Amendment was consistent with the
City's General Plan goals and policies and adopted Resolution No. 2025-71 on October 28, 2025. A copy of the
Amendment is attached hereto as Attachment 1.
Under California law, voters may use the referendum process to approve or reject legislative actions by local government.
Because the 39,772, square foot increase authorized by the Amendment is a legislative act, the 39,772 square -foot
increase, and only this increase, is subject to the people's power of referendum.
At the same meeting, the City Council approved three other resolutions related to the Project; however, these resolutions
fall outside the people's power of referendum and, as such, are not subject to this referendum.
The full text of the General Plan Amendment (Resolution No. 2025-71) and other relevant documents are available at the
City Clerk's webpage: https://www.newportbeachca.gov/govemment/departments/city-clerk.
ATTACHMENT 1
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
Desi nation
Development
Limit SF
Development
Limit other
Additional
Information
58
J5
PR
59,772
REFERENDUM AGAINST A RESOLUTION PASSED BY THE
CITY COUNCIL.
COUNCIL RESOLUTION NO.2025-71.
TO THE CITY COUNCIL OF NEWPORT BEACH, CALIFORNIA: We, the undersigned, registered and qualified voters
of Newport Beach, California, pursuant to Newport Beach City Charter section 1003, Article 11, Sections 1 and 11 of the
California Constitution, and Article 2 of Chapter 3 (commencing with Section 9235) of Division 9 of the California
Elections Code, hereby protest the adoption by the City Council of Resolution No. 2025-71, the general plan amendment
for the Snug Harbor Surf Park Project, adopted by the City Council on or about October 28, 2025. We petition the City
Council to reconsider and repeal Resolution No. 2025-71, or, if it does not repeal the Resolution, then to submit it to a
vote of the electors at the earliest possible election. A summary of Resolution No. 2025-71 is set forth above on page 1.
OFFICIAL TOP FUNDERS. Valid only for November 2025.
Petition circulation paid for by Save Newport Beach Golf Course.
No contributors of $50,000 or more.
Latest info: htt s://www.sos.ca. ov/elections/ballot-measures/initiative-and-referendum-status/official-to -funders/
VOTER: Please NOTICE TO THE PUBLIC:
sign Petition one SIGN ONLY IF IT IS THE SAME MONTH SHOWN IN THE OFFICIAL TOP FUNDERS OR
time ONLY. YOU SAW AN "OFFICIAL TOP FUNDERS" SHEET FOR THIS MONTH.
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER
OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
Use Pen On] — PLEASE PRINT ALL INFORMATION EXCEPT SIGNATURE
Official Use Only
1
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
2
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
3
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
4
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
5
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
6
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
7
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
8
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
REFERENDUM AGAINST A RESOLUTION PASSED BY THE
CITY COUNCIL.
COUNCIL RESOLUTION NO.2025-71.
TO THE CITY COUNCIL OF NEWPORT BEACH, CALIFORNIA: We, the undersigned, registered and qualified voters
of Newport Beach, California, pursuant to Newport Beach City Charter section 1003, Article II, Sections 1 and 11 of the
California Constitution, and Article 2 of Chapter 3 (commencing with Section 9235) of Division 9 of the California
Elections Code, hereby protest the adoption by the City Council of Resolution No. 2025-71, the general plan amendment
for the Snug Harbor Surf Park Project, adopted by the City Council on or about October 28, 2025. We petition the City
Council to reconsider and repeal Resolution No. 2025-71, or, if it does not repeal the Resolution, then to submit it to a
vote of the electors at the earliest possible election. A summary of Resolution No. 2025-71 is set forth above on page 1.
OFFICIAL TOP FUNDERS. Valid only for November 2025.
Petition circulation paid for by Save Newport Beach Golf Course.
No contributors of $50,000 or more.
Latest info: htt s://www.sos.ca. ov/elections/ballot-measures/initiative-and-referendum-status/official-to -funders/
VOTER: Please
NOTICE TO THE PUBLIC:
sign Petition one
SIGN ONLY IF IT IS THE SAME MONTH SHOWN IN THE OFFICIAL TOP FUNDERS OR
time ONLY.
YOU SAW AN "OFFICIAL TOP FUNDERS" SHEET FOR THIS MONTH.
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER
OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
Use Pen Only — PLEASE PRINT ALL INFORMATION EXCEPT SIGNATURE
Official Use Only
9
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
10
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
11
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
12
Print Name
Residence Address ONLY
Sian As Registered
To Vote
city
Zip
Code
13
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
14
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
15
Print Name
Residence Address ONLY
Sign As Registered
To Vote
City
Zip
Code
16
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
REFERENDUM AGAINST A RESOLUTION PASSED BY THE
CITY COUNCIL.
COUNCIL RESOLUTION NO.2025-71.
TO THE CITY COUNCIL OF NEWPORT BEACH, CALIFORNIA: We, the undersigned, registered and qualified voters
of Newport Beach, California, pursuant to Newport Beach City Charter section 1003, Article II, Sections 1 and 11 of the
California Constitution, and Article 2 of Chapter 3 (commencing with Section 9235) of Division 9 of the California
Elections Code, hereby protest the adoption by the City Council of Resolution No. 2025-71, the general plan amendment
for the Snug Harbor Surf Park Project, adopted by the City Council on or about October 28, 2025. We petition the City
Council to reconsider and repeal Resolution No. 2025-7 1, or, if it does not repeal the Resolution, then to submit it to a
vote of the electors at the earliest possible election. A summary of Resolution No. 2025-71 is set forth above on page 1.
OFFICIAL TOP FUNDERS. Valid only for November 2025.
Petition circulation paid for by Save Newport Beach Golf Course.
No contributors of $50,000 or more.
Latest info: htt s://www.sos.ca. ov/elections/ballot-measures/initiative-ana-reTerenaum-siaius/orncial-to-TUnUGFS/
VOTER: Please NOTICE TO THE PUBLIC:
sign Petition one SIGN ONLY IF IT IS THE SAME MONTH SHOWN IN THE OFFICIAL TOP FUNDERS OR
time ONLY. YOU SAW AN "OFFICIAL TOP FUNDERS" SHEET FOR THIS MONTH.
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER
OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
Use Pen Onl — PLEASE PRINT ALL INFORMATION EXCEPT SIGNATURE
Official Use Onl
17
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
18
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
19
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
20
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
21
Print Name
Residence Address ONLY
Sign As Registered
To Vote
city
Zip
Code
DECLARATION OF CIRCULATOR
(To Be Completed In Circulator's Own Handwriting After Above Signatures Have Been Obtained.)
1, , am 18 years of age or older.
(Print full name of Circulator, including middle name or initial)
I reside at the following address:
(Residence address, City, State, ZIP)
I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on this petition is, to
the best of my information and belief, the genuine signature of the person whose name it purports to be. All signatures on this document
were obtained between the dates of and
(Month, Day, Year)
(Month, Day, Year)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on
at
California
(Date of signing) (Place of signing) (Signature of Circulator, including middle name or initial)
4
Attachment B
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange)
I, Bob Page, Registrar of Voters of the County of Orange, do hereby
certify that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
signatures contained on the petition submitted to the City of Newport Beach
entitled "Referendum Petition for Resolution No. 2025-71 ".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed: 9,504
Number of signatures required: 6,118
Number of signatures verified: 8,211
Number of signatures found valid: 6,143
Number of signatures found invalid: 2,068
Invalid because of Duplicate: 33
WITNESS my hand and Official Seal this 20th day of January, 2026.
- -
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Attachment C
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPEALING CITY
COUNCIL RESOLUTION 2025-71
WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City
Charter") states that the provisions of the Elections Code of the State of California
("Elections Code"), as the same now exist or hereafter may be amended, which governs
initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as
such provisions of the Elections Code are not in conflict with the provisions of the Charter;
WHEREAS, on October 28, 2025, City Council adopted Resolution No. 2025-71,
titled "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, on October 31, 2025, the proponents of the referendum requested
an impartial summary of the referendum pursuant to Elections Code Section 9238
(b)(2)(B) ("Referendum");
WHEREAS, on November 4, 2025, pursuant to Elections Code Section 9238
(b)(2)(B), the City Attorney prepared a summary of the Referendum with the following
title: "City of Newport Beach City Attorney's Impartial Summary of the Referendum of
Resolution No. 2025-71 Approving a General Plan Amendment for the Snug Harbor
Project Located at 3100 Irvine Avenue, Newport Beach, California",
WHEREAS, on December 4, 2025, the proponents of the referendum submitted
petitions for filing with the City Clerk;
WHEREAS, on December 5, 2025, after the City Clerk performed a prima facie
review and determined the number of signatures was more than the minimum number of
signatures required, the City Clerk accepted the petition of filing and forwarded the
petitions to the Orange County Registrar of Voters to ascertain whether or not the petitions
were signed by the requisite number of voters;
WHEREAS, on January 27, 2026, certification was presented to the City Council
that not less than ten percent of the registered voters of the City signed the petition for
the Referendum;
WHEREAS, pursuant to Elections Code Section 9241, if a referendum petition is
signed by not less than ten percent of the registered voters of a city, that city shall either
adopt the proposed petition or submit the petition to the voters at a special election or the
Resolution No. 2026-
Page 2 of 3
next regular election occurring not less than 88 days after the date of the order of election;
and
WHEREAS, the City Council desires to repeal Resolution No. 2025-71.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
does resolve, declare, determine and order as follows:
Section 1: The City Council does hereby repeal Resolution No. 2025-71, which
shall have no further force or effect.
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.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080(b)(1) pursuant to Section 1 5060(c)(3) (the activity is not a project as
defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Section 5: The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
Resolution No. 2026-
Page 3 of 3
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 27th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit 1 — Resolution No. 2025-71
Exhibit 1
Resolution No. 2025-71
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;
City of Newport Beach
Resolution No. 2025-71
Page 2 of 5
• 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;
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Resolution No. 2025-71
Page 5 of 5
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.
ATTEST:
zta-�-'
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aarorl C. Harp
City Attorney
Attachment(s): Exhibit A - Legal Description
Exhibit B - Findings for Approval
Exhibit C - General Plan Amendment to Anomaly No. 58 of the
Newport Beach General Plan Land Use Element
Exhibit D - General Plan Consistency Analysis
Exhibit E - Tribal Consultation Timeline
City of Newport Beach
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. 2025-71 was
duly adopted by the City Council of said City at a regular meeting held on the 28th day of October, 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 291' day of October, 2025.
Lena Shumway
City Clerk
City of Newport Beach, California
City of Newport Beach
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
City of Newport Beach
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)
City of Newport Beach
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)
City of Newport Beach
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 Findina:
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:
City of Newport Beach
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.; De Vita v. County of Napa (1995) 9 Cal. 4th 763,
775)
City of Newport Beach
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
City of Newport Beach
EXHIBIT "D"
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
proposed Project would develop a
City of Newport Beach
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
City of Newport Beach
Relevant General Plan Policies I 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
City of Newport Beach
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.
City of Newport Beach
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
LU15 and Table LU1 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
Consistent. As discussed in Section 5.1
Environment. Require that new and
of the EIR, Aesthetics, the proposed two -
renovated buildings be designed to avoid
and three-story buildings would be
the use of styles, colors, and materials that
consistent with the two- to three-story high
unusually impact the design character and
commercial office buildings that are
quality of their location such as abrupt
located on Mesa Drive, Acacia, and Irvine
changes in scale, building form,
Avenue to the northwest of the site; and
architectural style, and the use of surface
the three-story fire training tower that is
materials that raise local temperatures,
adjacent to the site. The proposed
result in glare and excessive illumination
development provides the same type of
of adjoining properties and open spaces,
modern visual character as surrounding
or adversely modify wind patterns.
City of Newport Beach
Relevant General Plan Policies
Policy LU 5.6.3. Ambient Lighting.
Require that outdoor lighting be located
and designed to prevent spillover onto
adjoining properties or significantly
increase the overall ambient illumination of
their location.
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
paleontologist/archeologist to monitor all
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.
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, 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 5.6.3.
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
paleontological monitoring on the site
City of Newport Beach
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
City of Newport Beach
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.
City of Newport Beach
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 existing offsite sidewalks
City of Newport Beach
Relevant General Plan Policies
transportation docks, and bus stop
improvements.
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.
Project Consistency
and bike paths. Therefore, the Project is
consistent with Policy CE 7.1.5.
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 EIR, 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
City of Newport Beach
Relevant General Plan Policies Project Consistency
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.
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 I Consistent. The proposed Project would
Development. Enforce water be constructed according to Title 24
City of Newport Beach
Relevant General Plan Policies
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.
Project Consistency
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.
City of Newport Beach
Relevant General Plan Policies I 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, offsite 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,
property to prevent the transport of the proposed Project would implement a
City of Newport Beach
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 public of the EIR, Hydrology and Water Quality,
City of Newport Beach
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.
City of Newport Beach
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
City of Newport Beach
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
Ecological Reserve ("Upper Newport
City of Newport Beach
Relevant General Plan Policies I 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,
City of Newport Beach
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.
City of Newport Beach
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.
Therefore, the Project is consistent with
Policy NR 20.2.
Consistent. As discussed in Section 3.0
of the E I R, 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.
NR 24.2 Energy -Efficient Design Consistent. As discussed in Section 5.5
Features. Promote energy -efficient of the EIR, Energy, the proposed Project
design features. would implement energy efficient practices
City of Newport Beach
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.
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.
S 5.2 Facility Use or Storage of Consistent. As discussed in the previous
Hazardous Materials Standards. response, the Project site is not located
Require that all new facilities storing, within a flood zone. Section 5.8 of the EIR,
using, or otherwise involved with Hazards and Hazardous Materials, details
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I 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
City of Newport Beach
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.
City of Newport Beach
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
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Attachment D
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CALLING FOR
AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON, JUNE 2, 2026, FOR THE
SUBMISSION OF A REFERENDUM ON RESOLUTION
NO. 2025-71 APPROVING A GENERAL PLAN
AMENDMENT FOR THE SNUG HARBOR SURF PARK
PROJECT LOCATED AT 3100 IRVINE AVENUE,
NEWPORT BEACH, CALIFORNIA AND REQUESTING
THE ORANGE COUNTY BOARD OF SUPERVISORS
AUTHORIZE THE COUNTY ELECTIONS OFFICIAL TO
CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION
WITH THE STATEWIDE PRIMARY ELECTION TO BE
HELD ON THE SAME DATE
WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("Charter")
states that the provisions of the Elections Code of the State of California ("Elections
Code"), as the same now exist or hereafter may be amended, which governs initiatives,
shall apply to the use thereof in the City of Newport Beach ("City") so far as such
provisions of the Elections Code are not in conflict with the provisions of the Charter;
WHEREAS, on October 28, 2025, the Newport Beach City Council considered an
application ("Application") filed by CAA Planning, on behalf of Back Bay Barrels, LLC
(collectively the "Applicant"), for the redevelopment of the private property owned by
Newport Golf, LLC, located at 3100 Irvine Avenue, Newport Beach, California
("Property");
WHEREAS, in the Application, the Applicant proposed to redevelop
approximately 15.38-acres in the center of the privately owned Property, currently
occupied by the driving range, putting green, pro -shop, restaurant and bar, and three golf
holes, into a new surf -focused outdoor recreational facility commonly known as the Snug
Harbor Surf Park Project ("Project");
WHEREAS, the Project would include: (1) construction of a five -acre surf lagoon
divided into two hydrologically separate basins; (2) viewing platforms, seating areas,
pools, restrooms, and drought -tolerant landscaping; and (3) a new clubhouse that would
provide a reception and lobby area, surf academy, fitness and yoga studios,
administrative offices, locker rooms, retail space, restaurant, viewing suites, a coffee and
snack bar, and a basement level that would include golf cart storage, surfboard and
equipment storage, and mechanical facilities;
Resolution No. 2026-
Page 2 of 7
WHEREAS, the Project would also include: (1) an athlete accommodation
building with 20 rooms; (2) a total of 351 parking spaces, including 91 spaces dedicated
to golf, on the Project site to support the Project with parking, distributed across two
surface lots and partially shaded by solar canopies; and (3) support for the remaining 15-
hole golf course to facilitate continued golf including parking, a check -in station (starter)
on the Project site, golf cart storage within the basement level of the Project's proposed
clubhouse building and maintenance of connection between all golf holes;
WHEREAS, the Property is currently designated Parks and Recreation (PR)
under the City's General Plan Land Use Element, which allows active and passive
recreation uses, such as golf courses, aquatic facilities, private recreation clubs, and
similar activities;
WHEREAS, while the Project is consistent with the PR designation, the Applicant
requested an amendment to the General Plan to increase the allowable development limit
(for Anomaly No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772
square feet from 20,000 square feet to 59,772 square feet ("Amendment");
WHEREAS, following review of the proposed Amendment, the City Council
determined the Amendment was consistent with the City's General Plan goals and
policies and adopted Resolution No. 2025-71 on October 28, 2025, which is attached
hereto as Exhibit 1 and incorporated herein by reference, approving the Amendment to
the Newport Beach General Plan by increasing Anomaly No. 58 of Table LU2 of the
Newport Beach General Plan Land Use Element by 39,772 square feet from 20,000
square feet to 59,772 square feet;
WHEREAS, the City Council also adopted Resolution Nos. 2025-72, 2025-73,
and 2025-74 approving a conditional use permit, certifying the environmental impact
report, and overriding the Airport Land Use Commission's determination of inconsistency,
which resolutions are not subject to referendum because they are not legislative acts;
WHEREAS, on October 31, 2025, the proponents of the referendum requested
an impartial summary of the referendum pursuant to Elections Code Section 9238
(b)(2)(B) ("Referendum");
WHEREAS, under California law, voters may use the referendum process to
approve or reject legislative actions by local government, and, because the 39,772,
square foot increase authorized by the Amendment is a legislative act, the 39,772 square -
foot increase, and only this increase, is subject to the people's power of referendum;
Resolution No. 2026-
Page 3 of 7
WHEREAS, on November 4, 2025, pursuant to Elections Code Section 9238
(b)(2)(B), the City Attorney prepared a summary of the Referendum with the following
title: "City of Newport Beach City Attorney's Impartial Summary of the Referendum of
Resolution No. 2025-71 Approving a General Plan Amendment for the Snug Harbor
Project Located at 3100 Irvine Avenue, Newport Beach, California";
WHEREAS, on December 4, 2025, the proponents of the referendum submitted
petitions for filing with the City Clerk;
WHEREAS, on December 5, 2025, after the City Clerk performed a prima facie
review and determined the number of signatures was more than the minimum number of
signatures required, the City Clerk accepted the petition of filing and forwarded the
petitions to the Orange County Registrar of Voters to ascertain whether or not the petitions
were signed by the requisite number of voters;
WHEREAS, on January 27, 2026, certification was presented to the City Council
that not less than ten percent of the registered voters of the City signed the petition for
the Referendum;
WHEREAS, pursuant to Elections Code Section 9241, if a referendum petition is
signed by not less than ten percent of the registered voters of a city, that city shall either
adopt the proposed petition or submit the petition to the voters at a special election or the
next regularelection occurring not less than 88 days after the date of the order of election;
WHEREAS, the City Council has not repealed Resolution No. 2025-71 approving
an amendment to the General Plan to increase the allowable development limit (for
Anomaly No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772 square
feet from 20,000 square feet to 59,772 square feet; and
WHEREAS, pursuant to Charter Sections 1001, 1002 and 1003 and Elections
Code Sections 9241 and 9243, the City Council of the City of Newport Beach desires to
call and give notice of a Special Municipal Election to be held on June 2, 2026, for the
purpose of submitting to the registered voters of the City of Newport Beach an initiative
proposing to amend the Land Use Element of the City's General Plan.
NOW, THEREFORE, the City Council of the City Of Newport Beach, California,
does resolve, declare, determine and order as follows:
Section 1: Pursuant to Charter Sections, 1001, 1002 and 1003 and Elections
Code Sections 9241 and 9243, there is hereby called and ordered to be held in the City
of Newport Beach, California, on June 2, 2026, a Special Municipal Election for the
purpose of submitting to the registered voters of the City of Newport Beach a Referendum
of Resolution No. 2025-71 approving an amendment to the General Plan to increase the
Resolution No. 2026-
Page 4 of 7
allowable development limit (for Anomaly No. 58 in Table LU2 of the General Plan Land
Use Element) by 39,772 square feet from 20,000 square feet to 59,772 square feet.
Section 2: The City Council does hereby order the following question to be
submitted to the registered voters of the City of Newport Beach at the Special Municipal
Election on June 2, 2026, the following question:
if,I 3*I
Shall Newport Beach City Council Resolution No. 2025-
71, approving an amendment to the General Plan to
increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use
Element) from 20,000 square feet to 59,772 square feet,
be adopted?
Yes
No
Section 3: The complete text of Resolution No. 2025-71, approving an
amendment to the General Plan to increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772 square feet from
20,000 square feet to 59,772 square feet is attached hereto as Exhibit 1 and incorporated
herein by this reference.
Section 4: The vote requirement for the ballot measure to pass is a majority
(50% +1) of the votes cast.
Section 5: The ballots to be used at the election shall be in form and content as
required by law.
Section 6: The City hereby requests, pursuant to Elections Code Section
10403, that the Orange County Board of Supervisors consent and agree to consolidation
of the City's Special Municipal Election with the Statewide Primary Election to be held on
Tuesday, June 2, 2026, for the purpose of submitting to the registered voters of the City
of Newport Beach the Referendum.
Section 7: The City Clerk is authorized, instructed, and directed to contract with
the County of Orange to procure and furnish any and all services, official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary to
properly and lawfully conduct the election.
Resolution No. 2026-
Page 5 of 7
Section 8: In accordance with the provisions of law governing Statewide
Primary Elections, including Elections Code Section 10418, the precincts, ballot drop box
locations and hours of operations, vote center locations and hours of operations, vote -by -
mail procedures and timing, the election officers, and all other services, staff, and
procedures for the Special Municipal Election shall be the same as those utilized by the
County of Orange and in compliance with the Elections Code of the State of California.
Section 9: In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 10: Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed, and directed to give further or additional notice of the
election, the time, and in the form, and manner as required by law.
Section 11: The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 12: The City Council authorizes the City Clerk to administer said election
and all reasonable and actual election expenses shall be paid by the City of Newport
Beach upon presentation of a properly submitted bill.
Section 13: The Orange County Elections Official is hereby authorized to
canvass the returns of the Special Municipal Election.
Section 14: The City Clerk shall receive the canvass from the Orange County
Elections Official as it pertains to the Referendum and shall timely certify the results to
the City Council in accordance with law.
Section 15: Pursuant to Elections Code Sections 9217, 9237, and 9243, the
amendment to Anomaly Number 28 as identified in Table LU 2 of the General Plan Land
Use Element set forth in Resolution No. 2025-71 shall not go into effect until approved by
a majority of the eligible voters of the City of Newport Beach. If the voters approve the
measure, the amendment to Anomaly Number 28 as identified in Table LU 2 of the
General Plan Land Use Element set forth in Resolution No. 2025-71 shall be adopted as
of the date that the vote is declared/certified by the City Council and shall go into effect
10 days thereafter in accordance with Elections Code Section 9217 or as otherwise
required by law.
Section 16: The City Clerk shall deliver certified copies of this resolution,
including Resolution No. 2027-71 attached hereto as Exhibit 1, to the Clerk of the Board
of Supervisors of Orange County and the Orange County Registrar of Voters.
Section 17: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2026-
Page 6 of 7
Section 18: 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 19: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080(b)(1) because submission to the voters of a voter -sponsored referendum
is a ministerial duty required by Elections Code Section 9241, and is therefore not subject
to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of
discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as
defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Resolution No. 2026-
Page 7 of 7
Section 20: 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 27th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
_ ,� C, 4-,-
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 — Resolution No. 2025-71
Exhibit 1
Resolution No. 2025-71
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;
City of Newport Beach
Resolution No. 2025-71
Page 2 of 5
• 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 of 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,
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Resolution No. 2025-71
Page 5 of 5
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.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aarorl C. Harp
City Attorney
Attachment(s): Exhibit A - Legal Description
Exhibit B - Findings for Approval
Exhibit C - General Plan Amendment to Anomaly No. 58 of the
Newport Beach General Plan Land Use Element
Exhibit D - General Plan Consistency Analysis
Exhibit E - Tribal Consultation Timeline
City of Newport Beach
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. 2025-71 was
duly adopted by the City Council of said City at a regular meeting held on the 281h day of October, 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 291h day of October, 2025.
Lena Shumway
City Clerk
City of Newport Beach, California
City of Newport Beach
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
City of Newport Beach
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)
City of Newport Beach
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)
City of Newport Beach
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:
City of Newport Beach
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)
City of Newport Beach
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
City of Newport Beach
EXHIBIT "D"
GENERAL PLAN CONSISTENCY ANALYSIS
Relevant General Plan Policies
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
Project Consistency
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
proposed Project would develop a
City of Newport Beach
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
City of Newport Beach
Relevant General Plan Policies I 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
City of Newport Beach
Relevant General Plan Policies
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
Project Consistency
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.
City of Newport Beach
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
LU15 and Table LU1 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
occu r.
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
City of Newport Beach
Relevant General Plan Policies
Policy LU 5.6.3. Ambient Lighting.
Require that outdoor lighting be located
and designed to prevent spillover onto
adjoining properties or significantly
increase the overall ambient illumination of
their location.
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
aaleontoloaist/archeoloaist to monitor all
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.
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, 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 5.6.3.
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
paleontological monitoring on the site
City of Newport Beach
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
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I Project Consistency
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
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 existing offsite sidewalks
City of Newport Beach
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 EIR, 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
City of Newport Beach
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 I Consistent. The proposed Project would
Development. Enforce water be constructed according to Title 24
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I 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)
NR 3.14 Runoff Reduction on Private
Property. Retain runoff on private
property to prevent the transport of
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,
Consistent. As discussed in Section 5. 9
of the EIR, Hydrology and Water Quality,
the proposed Project would implement a
City of Newport Beach
Relevant General Plan Policies I Project Consistency
pollutants into natural water bodies, to the SWPPP and a WQMP that would provide
maximum extent practicable. (Policy HB BMPs to reduce or eliminate transport of
8.14). 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.
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).
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.
NR 3.17 Parking Lots and Rights -of- Consistent. As discussed in the
Way. Require that parking lots and public Preliminary WQMP (included as Appendix
and private rights -of -way be maintained O to the EIR), operation of the Project shall
and cleaned frequently to remove debris include sweeping all onsite streets, drive
and contaminated residue. (Policy HB aisles, and/or uncovered parking areas at
8.17) minimum of a quarterly basis. Therefore,
the Project is consistent with Policy NR
3.17.
NR 3.19 Natural Drainage Systems. Consistent. As discussed in Section 5.9
Require incorporation of natural drainage of the EIR, Hydrology and Water Quality,
systems and stormwater detention infiltration and groundwater recharge is
facilities into new developments, where not feasible at the Project site. Thus, the
appropriate and feasible, to retain Project would utilize modular wetland
stormwater in order to increase systems and bioretention basins which
groundwater recharge. (Policy HB 8.19) 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 public of the EIR, Hydrology and Water Qualms
City of Newport Beach
Relevant General Plan Policies ( 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.
City of Newport Beach
Relevant General Plan Policies I Project Consistency
NR 6.4 Transportation Demand
Management Ordinance. Implement the
Transportation Demand Management
(TDM) Ordinance, which promotes and
encourages the use of alternative
transportation modes and provides those
facilities such as bicycle lanes that support
such alternate modes.
NR 7.2 Source Emission Reduction
Best Management Practices. Require
the use of Best Management Practices
(BMP) to minimize pollution and to reduce
source emissions.
NR 8.1 Management of Construction
Activities to Reduce Air Pollution.
Require developers to use and operate
construction equipment, use building
materials and paints, and control dust
created by construction activities to
minimize air pollutants.
NR 10.2 Orange County Natural
Communities Conservation Plan.
Comply with the policies contained within
the Orange County Natural Communities
Conservation Plan.
NR 10.3 Analysis of
Study Areas. Require
survev and analvsis
Environmental
a site -specific
repared by a
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.
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 supports these alternative modes
of transportation and is consistent with
Policy NR 6.4.
Consistent. As discussed in Section 5.2
of the EIR, Air Quality, construction of the
Project would implement all related
SCAQMD Rules for reduction of source
emissions. Therefore, the Project is
consistent with Policy NR 7.2.
Consistent. As discussed in Section 5.2
of the EIR, Air Quality, the proposed
Project would implement SCAQMD Rule
403 regarding construction dust and Rule
1113 regarding the use of low VOC
architectural coatings. Therefore, the
Project is consistent with Policy NR 8.1.
Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, the
proposed Project would be consistent with
the Orange County Natural Communities
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.
Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, a
biological resources assessment was
City of Newport Beach
Relevant General Plan Policies
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.
Project Consistency
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.
NR 10.6 Use of Buffers. Maintain a buffer Consistent. As discussed in Section 5.3
of sufficient size around significant or rare of the EIR, Biological Resources, the
biological resources, if present, to ensure Upper Newport Bay Nature Preserve and
the protection of these resources. Reguire Ecological Reserve ("Upper Newport
City of Newport Beach
Relevant General Plan Policies I 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,
City of Newport Beach
Relevant General Plan Policies
Project Consistency
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.
NR 18.4 Donation of Materials. Require
Consistent. As discussed in Section 5.4
new development, where on site
of the EIR, Cultural Resources, and
preservation and avoidance are not
Section 5.6 of the EIR, Geology and Soils,
feasible, to donate scientifically valuable
Mitigation Measures CUL-1, CUL-2, and
paleontological or archaeological
PAL-1 provide for archeological and
materials to a responsible public or private
paleontological monitoring on the site
institution with a suitable repository,
during grading and excavation activities,
located within Newport Beach or Orange
which includes potential donation of
County, whenever possible.
materials and curation at scientific
institutions. Therefore, the Project is
consistent with Policy NR 18.4.
NR 20.1 Enhancement of Significant
Consistent. As discussed in Section 5.1
Resources. Protect and, where feasible,
of the EIR, Aesthetics, none of the
enhance significant scenic and visual
adjacent roadways feature long range
resources that include open space,
view of scenic vistas such as the Upper
mountains, canyons, ridges, ocean, and
Newport Bay Preserve. The Upper
harbor from public vantage points, as
Newport Bay Preserve can be seen from
shown in Figure NR3.
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.
NR 20.2 New Development
Consistent. As discussed in Section 5.1
Requirements. Require new
of the EIR, Aesthetics, the proposed
development to restore and enhance the
Project site is developed with the NB Golf
visual quality in visually degraded areas,
Course and is mostly covered with both
where feasible, and provide view
natural and artificial grasses and
easements or corridors designed to
ornamental vegetation. The proposed
protect public views or to restore public
Project would include landscaping that
views in developed areas, where
utilizes native draught tolerant vegetation
appropriate.
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.
City of Newport Beach
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.
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.
NR 24.2 Energy -Efficient Design Consistent. As discussed in Section 5.5
Features. Promote energy -efficient of the EIR, Energy, the proposed Project
design features. would implement energy efficient practices
City of Newport Beach
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.
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.
S 5.2 Facility Use or Storage of Consistent. As discussed in the previous
Hazardous Materials Standards. response, the Project site is not located
Require that all new facilities storing, within a flood zone. Section 5.8 of the EIR,
using, or otherwise involved with Hazards and Hazardous Materials, details
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I 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.
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.
N 1.7 Commercial/ Entertainment Uses. Consistent. As discussed in Section 5.11
Limit hours and/or require attenuation of of the EIR, Noise, the Project site is not
commercial/entertainment operations directly adjacent to sensitive receptors and
adjacent to residential and other noise would not result in excessive noise to
sensitive uses in order to minimize sensitive receptors, would not exceed
excessive noise to these receptors. 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.
N 1.8 Significant Noise Impacts. Require Consistent. As discussed in Section 5.11
the employment of noise mitigation of the EIR, Noise, the proposed Project
measures for existing sensitive uses when would not result in significant impacts
a significant noise impact is identified. A related to an increase in ambient noise.
significant noise impact occurs when there Table 5.11-10 and Table 5.11-11 identify
is an increase in the ambient CNEL that the Project would generate daytime
produced by new development impacting ambient noise level increases ranging
existing sensitive uses. The CNEL from less than 0.1 to 0.8 dBA Leq and
increase is shown in the table below. nighttime noise level increases ranging
from less than 0.1 to 2.0 dBA Leg at the
City of Newport Beach
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.
City of Newport Beach
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
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Attachment E
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CALLING FOR
AND GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, FOR THE SUBMISSION OF A REFERENDUM ON
RESOLUTION NO. 2025-71 APPROVING A GENERAL
PLAN AMENDMENT FOR THE SNUG HARBOR SURF
PARK PROJECT LOCATED AT 3100 IRVINE AVENUE,
NEWPORT BEACH, CALIFORNIA AND REQUESTING
THE ORANGE COUNTY BOARD OF SUPERVISORS
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THE SAME DATE
WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City
Charter") states that the provisions of the Elections Code of the State of California
("Elections Code"), as the same now exist or hereafter may be amended, which govern
referenda, shall apply to the use thereof in the City of Newport Beach ("City") so far as
such provisions of the Elections Code are not in conflict with the provisions of the Charter;
WHEREAS, on October 28, 2025, the Newport Beach City Council considered an
application ("Application") filed by CAA Planning, on behalf of Back Bay Barrels, LLC
(collectively the "Applicant"), for the redevelopment of the private property owned by
Newport Golf, LLC, located at 3100 Irvine Avenue, Newport Beach, California
("Property");
WHEREAS, in the Application, the Applicant proposed to redevelop
approximately 15.38-acres in the center of the privately owned Property, currently
occupied by the driving range, putting green, pro -shop, restaurant and bar, and three golf
holes, into a new surf -focused outdoor recreational facility commonly known as the Snug
Harbor Surf Park Project ("Project");
WHEREAS, the Project would include: (1) construction of a five -acre surf lagoon
divided into two hydrologically separate basins; (2) viewing platforms, seating areas,
pools, restrooms, and drought -tolerant landscaping; and (3) a new clubhouse that would
provide a reception and lobby area, surf academy, fitness and yoga studios,
administrative offices, locker rooms, retail space, restaurant, viewing suites, a coffee and
snack bar, and a basement level that would include golf cart storage, surfboard and
equipment storage, and mechanical facilities;
Resolution No. 2026-
Page 2 of 7
WHEREAS, the Project would also include: (1) an athlete accommodation
building with 20 rooms; (2) a total of 351 parking spaces, including 91 spaces dedicated
to golf, on the Project site to support the Project with parking, distributed across two
surface lots and partially shaded by solar canopies; and (3) support for the remaining 15-
hole golf course to facilitate continued golf including parking, a check -in station (starter)
on the Project site, golf cart storage within the basement level of the Project's proposed
clubhouse building and maintenance of connection between all golf holes;
WHEREAS, the Property is currently designated Parks and Recreation (PR)
under the City's General Plan Land Use Element, which allows active and passive
recreation uses, such as golf courses, aquatic facilities, private recreation clubs, and
similar activities;
WHEREAS, while the Project is consistent with the PR designation, the Applicant
requested an amendment to the General Plan to increase the allowable development limit
(for Anomaly No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772
square feet from 20,000 square feet to 59,772 square feet ("Amendment");
WHEREAS, following review of the proposed Amendment, the City Council
determined the Amendment was consistent with the City's General Plan goals and
policies and adopted Resolution No. 2025-71 on October 28, 2025, which is attached
hereto as Exhibit 1 and incorporated herein by reference, approving the Amendment to
the Newport Beach General Plan by increasing Anomaly No. 58 of Table LU2 of the
Newport Beach General Plan Land Use Element by 39,772 square feet from 20,000
square feet to 59,772 square feet;
WHEREAS, the City Council also adopted Resolution Nos. 2025-72, 2025-73,
and 2025-74 approving a conditional use permit, certifying the environmental impact
report, and overriding the Airport Land Use Commission's determination of inconsistency,
which resolutions are not subject to referendum because they are not legislative acts;
WHEREAS, on October 31, 2025, the proponents of the referendum requested
an impartial summary of the referendum pursuant to Elections Code Section 9238
(b)(2)(B) ("Referendum");
WHEREAS, under California law, voters may use the referendum process to
approve or reject legislative actions by local government, and, because the 39,772,
square foot increase authorized by the Amendment is a legislative act, the 39,772 square -
foot increase, and only this increase, is subject to the people's power of referendum;
Resolution No. 2026-
Page 3 of 7
WHEREAS, on November 4, 2025, pursuant to Elections Code Section 9238
(b)(2)(B), the City Attorney prepared a summary of the Referendum with the following
title: "City of Newport Beach City Attorney's Impartial Summary of the Referendum of
Resolution No. 2025-71 Approving a General Plan Amendment for the Snug Harbor
Project Located at 3100 Irvine Avenue, Newport Beach, California",
WHEREAS, on December 4, 2025, the proponents of the referendum submitted
petitions for filing with the City Clerk;
WHEREAS, on December 5, 2025, after the City Clerk performed a prima facie
review and determined the number of signatures was more than the minimum number of
signatures required, the City Clerk accepted the petition of filing and forwarded the
petitions to the Orange County Registrarof Voters to ascertain whether or not the petitions
were signed by the requisite number of voters;
WHEREAS, on January 27, 2026, certification was presented to the City Council
that not less than ten percent of the registered voters of the City signed the petition for
the Referendum;
WHEREAS, pursuant to Elections Code Section 9241, if a referendum petition is
signed by not less than ten percent of the registered voters of a city, that city shall either
adopt the proposed petition or submit the petition to the voters at a special election or the
next regular election occurring not less than 88 days after the date of the order of election;
WHEREAS, the City Council has not repealed Resolution No. 2025-71 approving
an amendment to the General Plan to increase the allowable development limit (for
Anomaly No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772 square
feet from 20,000 square feet to 59,772 square feet;
WHEREAS, pursuant to Charter Section 1000, a General Municipal Election shall
be held in the City of Newport Beach on the first Tuesday after the first Monday of
November in each even -numbered year for the election of officers and for such other
purposes as the City Council may prescribe; and
WHEREAS, pursuant to Charter Sections 1000, 1002, and 1003 and Elections
Code Sections 9241, and 9243, the City Council of the City of Newport Beach desires to
call and give notice of a General Municipal Election to be held on Tuesday, November 3,
2026, for the purpose of submitting to the registered voters of the City of Newport Beach
a Referendum of Resolution No. 2025-71 approving an amendment to the General Plan
to increase the allowable development limit (for Anomaly No. 58 in Table LU2 of the
General Plan Land Use Element) by 39,772 square feet from 20,000 square feet to 59,772
square feet.
Resolution No. 2026-
Page 4 of 7
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
does resolve, declare, determine and order as follows. -
Section 1: Pursuant to Charter Sections 1000, 1002, and 1003 and Elections
Code Sections 9241, and 9243, there is hereby called and ordered to be held in the City
of Newport Beach, California, on Tuesday, November 3, 2026, a General Municipal
Election for the purpose of submitting to the registered voters of the City of Newport Beach
a Referendum of Resolution No. 2025-71 approving an amendment to the General Plan
to increase the allowable development limit (for Anomaly No. 58 in Table LU2 of the
General Plan Land Use Element) by 39,772 square feet from 20,000 square feet to 59,772
square feet.
Section 2: The City Council does hereby order the following question to be
submitted to the registered voters of the City of Newport Beach at the General Municipal
Election on Tuesday, November 3, 2026:
MEASURE
Shall Newport Beach City Council Resolution No. 2025-
71, approving an amendment to the General Plan to
increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use
Element) from 20,000 square feet to 59,772 square feet,
be adopted?
Yes
No
Section 3: The complete text of Resolution No. 2025-71, approving an
amendment to the General Plan to increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use Element) by 39,772 square feet from
20,000 square feet to 59,772 square feet is attached hereto as Exhibit 1 and incorporated
herein by this reference.
Section 4: The vote requirement for the ballot measure to pass is a majority
(50% +1) of the votes cast.
Section 5: The ballots to be used at the election shall be in form and content as
required by law.
Resolution No. 2026-
Page 5 of 7
Section 6: The City hereby requests, pursuant to Elections Code Section
10403, that the Orange County Board of Supervisors consent and agree to consolidation
of the City's General Municipal Election with the Statewide General Election to be held
on Tuesday, November 3, 2026, for the purpose of submitting to the registered voters of
the City of Newport Beach the Referendum.
Section 7: The City Clerk is authorized, instructed, and directed to contract with
the County of Orange to procure and furnish any and all services, official ballots, notices,
printed matter and all supplies, equipment, and paraphernalia that may be necessary to
properly and lawfully conduct the election.
Section 8: In accordance with the provisions of law governing Statewide
General Elections, including Elections Code Section 10418, the precincts, ballot drop box
locations and hours of operations, vote center locations and hours of operations, vote -by -
mail procedures and timing, the election officers, and all other services, staff, and
procedures for the General Municipal Election shall be the same as those utilized by the
County of Orange and in compliance with the Elections Code of the State of California.
Section 9: In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for the holding municipal elections.
Section 10: Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed, and directed to give further or additional notice of the
election, the time, and in the form, and manner as required by law.
Section 11: The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 12: The City Council authorizes the City Clerk to administer said election
and all reasonable and actual election expenses shall be paid by the City of Newport
Beach upon presentation of a properly submitted bill.
Section 13: The Orange County Elections Official is hereby authorized to
canvass the returns of the General Municipal Election.
Section 14: The City Clerk shall receive the canvass from the Orange County
Elections Official as it pertains to the Referendum and shall timely certify the results to
the City Council in accordance with law.
Section 15: Pursuant to Elections Code Sections 9217, 9237, and 9243, the
amendment to Anomaly Number 28 as identified in Table LU 2 of the General Plan Land
Use Element set forth in Resolution No. 2025-71 shall not go into effect until approved by
a majority of the eligible voters of the City of Newport Beach. If the voters approve the
Resolution No. 2026-
Page 6 of 7
measure, the amendment to Anomaly Number 28 as identified in Table LU 2 of the
General Plan Land Use Element set forth in Resolution No. 2025-71 shall be adopted as
of the date that the vote is declared/certified by the City Council and shall go into effect
10 days thereafter in accordance with Elections Code Section 9217 or as otherwise
required by law.
Section 16: The City Clerk shall deliver certified copies of this resolution including
Resolution No. 2027-71 attached hereto as Exhibit 1, to the Clerk of the Board of
Supervisors of Orange County and the Orange County Registrar of Voters.
Section 17: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 18: 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 are declared invalid or
unconstitutional.
Section 19: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080(b)(1) because submission to the voters of a voter -sponsored referendum
is a ministerial duty required by Elections Code Section 9241, and is therefore not subject
to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of
discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as
defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Resolution No. 2026-
Page 7 of 7
Section 20: 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 27th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit 1 — Resolution No. 2025-71
Exhibit 1
Resolution No. 2025-71
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;
City of Newport Beach
Resolution No. 2025-71
Page 2 of 5
• 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;
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Resolution No. 2025-71
Page 5of5
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.
ATTEST:
ZSOA��—
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A4rorl C. Harp
City Attorney
Attachment(s): Exhibit A - Legal Description
Exhibit B - Findings for Approval
Exhibit C - General Plan Amendment to Anomaly No. 58 of the
Newport Beach General Plan Land Use Element
Exhibit D - General Plan Consistency Analysis
Exhibit E - Tribal Consultation Timeline
City of Newport Beach
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. 2025-71 was
duly adopted by the City Council of said City at a regular meeting held on the 281h day of October, 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 29'h day of October, 2025.
Lena Shumway
City Clerk
City of Newport Beach, California
City of Newport Beach
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
RFC ORDS
APN: 119-200-38 & 119-200-41
City of Newport Beach
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)
City of Newport Beach
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)
City of Newport Beach
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:
City of Newport Beach
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)
City of Newport Beach
1 A,0tlL l i d1
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
City of Newport Beach
EXHIBIT "D"
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
proposed Project would develop a
City of Newport Beach
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
City of Newport Beach
Relevant General Plan Policies I 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
City of Newport Beach
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.
City of Newport Beach
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
LU15 and Table LU1 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
City of Newport Beach
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
paleontologist/archeologist 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
paleontological monitoring on the site
City of Newport Beach
Rai euant`GeneraC'olan`Poll c es Proiact Consistence
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
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I Project Consistency
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 existinq 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 loadinq areas, water
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 existing offsite sidewalks
City of Newport Beach
Relevant General Plan Policies ( 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 EIR, 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
City of Newport Beach
Relevant General Plan Policies I Project Consistency
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.
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 I Consistent. The proposed Project would
Development. Enforce water be constructed according to Title 24
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies
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)
Project Consistency
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,
property to prevent the transport of the proposed Project would implement a
City of Newport Beach
Relevant General Plan Policies
Project Consistency
pollutants into natural water bodies, to the
SWPPP and a WQMP that would provide
maximum extent practicable. (Policy HB
BMPs to reduce or eliminate transport of
8.14).
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.
NR 3.16 Siting of New Development.
Consistent. The Project site is a
Require that development be located on
developed site that is used for golf -related
the most suitable portion of the site and
recreation. The site does not contain a
designed to ensure the protection and
natural or sensitive site resource as
preservation of natural and sensitive site
detailed in Section 5.3 of the EIR,
resources that provide important water
Biological Resources, and the site does
quality benefits. (Policy HB 8.16).
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.
NR 3.17 Parking Lots and Rights -of-
Consistent. As discussed in the
Way. Require that parking lots and public
Preliminary WQMP (included as Appendix
and private rights -of -way be maintained
O to the EIR), operation of the Project shall
and cleaned frequently to remove debris
include sweeping all onsite streets, drive
and contaminated residue. (Policy HB
aisles, and/or uncovered parking areas at
8.17)
minimum of a quarterly basis. Therefore,
the Project is consistent with Policy NR
3.17.
NR 3.19 Natural Drainage Systems.
Consistent. As discussed in Section 5.9
Require incorporation of natural drainage
of the EIR, Hydrology and Water Quality,
systems and stormwater detention
infiltration and groundwater recharge is
facilities into new developments, where
not feasible at the Project site. Thus, the
appropriate and feasible, to retain
Project would utilize modular wetland
stormwater in order to increase
systems and bioretention basins which
groundwater recharge. (Policy HB 8.19)
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 public
of the EIR, Hydrology and Water Quality,
City of Newport Beach
Relevant General Plan Policies ( Project Consistency
improvements to minimize the creation of while the proposed Project would result in
and increases in impervious surfaces, an increase of impervious surfaces,
especially directly connected impervious buildout of the proposed Project would
areas, to the maximum extent practicable. result in a decrease the 100-year storm
Require redevelopment to increase area runoff flowrate by 11.1 percent and the
of pervious surfaces, where feasible. proposed Project would maintain the
(Policy HB 8.20) 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.
NR 4.3 Restore Natural Hydrologic Consistent. As discussed in Section 5.9
Conditions. Preserve, or where feasible, of the EIR, Hydrology and Water Quality,
restore natural hydrologic conditions such infiltration and groundwater recharge is
that downstream erosion, natural not feasible at the Project site. Thus, the
sedimentation rates, surface flow, and Project would utilize modular wetland
groundwater recharge function near systems and bioretention basins which
natural equilibrium states. 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.
NR 4.4 Erosion Minimization. Require Consistent. As discussed in Section 5.6
grading/erosion control plans with of the EIR, Geology and Soils, the
structural BMPs that prevent or minimize proposed Project would implement a
erosion during and after construction for SWPPP and provide BMPs to reduce or
development on steep slopes, graded, or eliminate soil erosion and the loss of
disturbed areas. 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.
NR 6.1 Walkable Neighborhoods. Consistent. As discussed in Section 5.14
Provide for walkable neighborhoods to of the EIR, Transportation, existing
reduce vehicle trips by siting amenities sidewalks are located adjacent to the
such as services, parks, and schools in Project site, and the Project would install
close proximity to residential areas. onsite walkways that would provide for
pedestrian access to and from the site.
City of Newport Beach
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
City of Newport Beach
Relevant General Plan Policies ( 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
Ecological Reserve ("Upper Newport
City of Newport Beach
Relevant General Plan Policies 1 _ 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,
City of Newport Beach
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.
City of Newport Beach
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
City of Newport Beach
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,
using, 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
City of Newport Beach
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.
City of Newport Beach
Relevant General Plan Policies I 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 Leq at the
City of Newport Beach
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.
City of Newport Beach
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
City of Newport Beach
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.
City of Newport Beach
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.
City of Newport Beach
Attachment F
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF A REFERENDUM TO BE SUBMITTED TO
THE VOTERS AT THE [SPECIAL OR GENERAL]
MUNICIPAL ELECTION TO BE HELD ON [JUNE 2, 2026
OR NOVEMBER 3, 2026], AND PROVIDING FOR THE
DEADLINES FOR FILING OF THE IMPARTIAL
ANALYSIS AND WRITTEN ARGUMENTS FOR AND
AGAINST THE REFERENDUM MEASURE
WHEREAS, a [Special or General] Municipal Election is to be held in the City of
Newport Beach, California ("City") on [June 2, 2026, or November 3, 2026], at which there
will be submitted to the registered voters of the City the following question:
MEASURE
Shall Newport Beach City Council Resolution No. 2025-
71, approving an amendment to the General Plan to
increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use
Element) from 20,000 square feet to 59,772 square feet,
be adopted?
Yes
No
WHEREAS, pursuant to Elections Code ("Elections Code") Section 9280, the City
Council may direct the City Attorney to prepare an impartial analysis of the referendum
measure showing the effect on the existing law and the operation of the referendum
measure;
WHEREAS, pursuant to Elections Code Section 9282, the proponents of a
referendum measure may file a written argument for, and the legislative body may file a
written argument against, an initiative measure; and
WHEREAS, the City Council desires to direct the City Attorney to prepare an
impartial analysis of the referendum measure, and to provide for the filing of arguments
for and against the referendum measure.
Resolution No. 2026-
Page 2 of 3
NOW, THEREFORE, the City Council of the City Of Newport Beach, California,
does resolve, declare, determine and order as follows:
Section 1: The City Council hereby directs the City Clerk to transmit a copy of
the referendum to the City Attorney. The City Attorney shall prepare an impartial analysis
of the referendum of no more than five hundred words, in accordance with Elections Code
Section 9280, to be submitted prior to the fixed date and time for the submission of
arguments for and against the measure.
Section 2: The proponents of the referendum measure may file an argument
for, and the City Council hereby authorizes Council Members [select Council Members]
to file a written argument against, the referendum measure, not exceeding three hundred
words, and accompanied by the printed names and signatures of the authors submitting
it, in accordance with Elections Code Sections 9282 and 9283.
Section 3: The City Clerk shall coordinate with the Orange County Registrar of
Voters and, based on that consultation, fix a date and time prior to the election for the
submission to the City Clerk of arguments in favor of or against the measure. The
arguments shall comply with Elections Code Sections 9282 and 9283.
Section 4: The arguments shall be filed with the City Clerk, signed, with the
printed names and signatures of not more than five of the authors submitting it, or if
submitted on behalf of an organization, the name of the organization, the printed name
and signature of at least one of its principal officers who is the author of the argument, in
accordance with Elections Code Section 9283. Arguments shall be accompanied by the
form statement required by Elections Code Section 9600.
Section 5: The arguments, ordinance, and impartial analysis shall be made
available for public examination for no fewer than ten calendar days following the deadline
for submission of those materials, in accordance with Elections Code Section 9295.
Section 6: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 7: The City Clerk shall deliver a certified copy of this resolution to the
Orange County Board of Supervisors and the Orange County Registrar of Voters.
Resolution No. 2026-
Page 3 of 3
Section 8: 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 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080(b)(1) because submission to the voters of a voter -sponsored referendum
is a ministerial duty required by California Elections Code Section 9241, and is therefore
not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the
exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a
project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Section 11: 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 27th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Attachment G
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING THE
DEADLINES FOR FILING OF REBUTTAL ARGUMENTS
IN RESPONSE TO DIRECT ARGUMENTS FILED FOR
AND AGAINST A REFERENDUM TO BE SUBMITTED TO
THE VOTERS AT THE [SPECIAL OR GENERAL
MUNICIPAL ELECTION] TO BE HELD ON [JUNE 2 OR
NOVEMBER 3, 2026]
WHEREAS, a [Special or General Municipal Election] is to be held in the City of
Newport Beach, California ("City") on [June 2, 2026 or November 3, 2026], at which there
will be submitted to the registered voters of the City the following question:
MEASURE
Shall Newport Beach City Council Resolution No. 2025-
71, approving an amendment to the General Plan to
increase the allowable development limit (for Anomaly
No. 58 in Table LU2 of the General Plan Land Use
Element) from 20,000 square feet to 59,772 square feet,
be adopted?
Yes
fro
WHEREAS, pursuant to Elections Code ("Elections Code") Section 9282, the
proponents of a referendum measure may file a written argument for, and the legislative
body may file a written argument against, the referendum measure;
WHEREAS, pursuant to Elections Code Section 9285, the City Council, by
majority vote, may adopt provisions to provide for the filing of rebuttal arguments in
response to direct arguments filed for or against a referendum measure; and
WHEREAS, the City Council desires to provide for the filing of rebuttal arguments
in response to direct arguments filed for or against the referendum measure.
Resolution No. 2026-
Page 2 of 4
NOW, THEREFORE, the City Council of the City Of Newport Beach, California,
does resolve, declare, determine and order as follows:
Section 1: Pursuant to Elections Code Section 9285(a), when the Elections
Official has selected the arguments for and against the referendum measure which will
be printed and distributed to the voters, the Elections Official shall send a copy of the
argument in favor of the initiative measure to the authors of the argument against the
referendum measure and a copy of the argument against the referendum measure to the
authors of the argument in favor of the referendum measure.
Section 2: The author or a majority of the authors of an argument relating to a
referendum measure may prepare and submit a rebuttal argument not exceeding two
hundred fifty words or may authorize, in writing, any other person or persons to prepare,
submit or sign the rebuttal argument. A rebuttal argument may not be signed by more
than five authors.
Section 3: Rebuttal arguments shall be filed with the Elections Official, signed,
with the printed names and signatures of not more than five of the authors submitting it,
or if submitted on behalf of an organization, the name of the organization, and the printed
name and signature of at least one of its principal officers by the date and time fixed by
the City Clerk in consultation with the Orange County Registrar of Voters. Rebuttal
arguments shall be accompanied by the form statement required by Elections Code
Section 9600.
Section 4: Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which it
seeks to rebut.
Section 5: Rebuttal arguments shall be made available for public examination
for no fewer than ten calendar days following the deadline for submission of those
materials, in accordance with Elections Code Section 9295.
Section 6: All previous resolutions providing for the filing of rebuttal arguments
for City measures are hereby repealed.
Section 7: The rebuttal provisions provided herein shall apply only to the
[Special or General Municipal Election] Municipal Election to be held on [June 2, 2026, or
November 3, 2026].
Section 8: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Resolution No. 2026-
Page 3 of 4
Section 9: The City Clerk shall deliver a certified copy of this resolution to the
Orange County Board of Supervisors and the Orange County Registrar of Voters.
Section 10: 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 11: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 12: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080(b)(1) because submission to the voters of a voter -sponsored initiative is a
ministerial duty required by Elections Code Section 9241, and is therefore not subject to
CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of
discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as
defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Resolution No. 2026-
Page 4 of 4
Section 13: 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 27th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney