HomeMy WebLinkAbout2.0_Dover Townhomes_PA2025-0135CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 5, 2026
Agenda Item No. 2
SUBJECT: Dover Townhomes (PA2025-0135)
▪Major Site Development Review
▪Variance
▪Vesting Tentative Tract Map
SITE LOCATION: 601 Dover Drive
APPLICANT: Shea Homes
OWNER: Dover Drive I, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
PROJECT SUMMARY
A request to authorize the development of a 33-unit, for-sale, residential townhome
community on an existing medical office site at 601 Dover Drive (Project). The proposed
development includes the demolition of the existing office structure and construction of
two-, three-, and four-bedroom units ranging from 1,355 to 2,247 square feet. The
development will include a two-car garage for each unit and 10 uncovered guest parking
spaces for a total of 76 on-site parking spaces. The 33 units will be distributed within
seven detached, three-story buildings with a maximum structure height of 38 feet above
the established grade. The development will include resident-serving amenities including
outdoor seating, picnic tables, barbeques, and a firepit area. Vehicular access to the
Project Site is provided via a driveway on Cliff Drive. Pedestrian access to a publicly
accessible plaza is provided at the corner of the site adjacent to Dover Drive. The plaza
includes a seating area, walkway, and a scenic view (Project).
•A Major Site Development Review authorizing construction of residential
development including deviations from specific multi-unit objective design
standards.
•A Variance authorizing encroachments into the required street setbacks along Cliff
Drive and Dover Drive.
•A Vesting Tentative Tract Map removing an underlying lot line and authorizing the
airspace subdivision of the individual residential units for individual sale (i.e., for
condominium purposes).
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RECOMMENDATION
1)Conduct a public hearing;
2)Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code (PRC) Section 21080.66 (enacted
through Assembly Bill 130) because it has no potential to have a significant effect on
the environment; and
3)Adopt Resolution No. PC2026-003 approving the Major Site Development Review,
Variance, and Vesting Tentative Tract Map filed as PA2025-0135 (Attachment No.
PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial
Office (CO-G)
Office General (OG) and
Housing Opportunity
(HO) Overlay, HO-3 –
Dover Westcliff Area
Medical Offices
NORTH Single Unit Residential
Detached (RS-D)
Single-Unit Residential
(R-1) Single-unit residential dwellings
SOUTH RS-D R-1 Single-unit residential dwellings
EAST Parks and Recreation
(PR)
Castaways Planned
Community (PC-43) Castaways Park
WEST RS-D R-1 Single-unit residential dwellings
Project Site
3
INTENTIONALLY BLANK
P
A
G
E
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INTRODUCTION
Background
Housing Opportunity (HO) Overlay Zoning District and Amendment
On September 13, 2022, the City Council adopted the City’s 6th Cycle Housing Element
for the 2021-2029 planning period (Housing Element). The Housing Element was later
certified as statutorily compliant with state law by the California Department of Housing
and Community Development (HCD) on October 5, 2022.
On September 24, 2024, the City Council adopted Ordinance Nos. 2024-16 and 2024-
17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code (NBMC) to establish the Housing Opportunity (HO) Overlay Zoning
Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the
NBMC and to create multi-unit objective design standards (ODS) in Section 20.48.185
(Multi-Unit Objective Design Standards) of the NBMC, respectively. The new sections
serve to implement Policy Actions 1A through 1G and 3A in the 6th Cycle Housing Element
of the General Plan.
The adoption of these ordinances provided new housing opportunities within five
subareas to ensure the City can meet its 6th Cycle Regional Housing Needs Assessment
(RHNA) allocation: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2),
Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area
(HO-5). These subareas correspond directly to the Focus Areas identified in Appendix B
(Adequate Sites Analysis) of the Housing Element.
Properties identified as a Housing Opportunity Site have specified development
standards conducive to residential development at the prescribed average density of 20
to 50 dwelling units per acre. The standards include but are not limited to minimum lot
area, setbacks, height, open space, landscaping, and parking. The ODS are applicable
to any residential project with a minimum density of 20 dwelling units per acre to ensure
the high-quality design and to provide a baseline standard for new multi-unit
developments throughout the City.
As shown in Figure 1 below, the project site was identified as Housing Site Inventory No.
144 with an assumed net yield of 49 dwelling units and included within the HO-3 (Dover-
Westcliff) Subarea of the Housing Opportunity (HO) Overlay Zoning District.
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Figure 1, HO-3 (Dover-Westcliff) Subarea of the Housing Opportunity (HO) Overlay Zoning District
Project Setting
As depicted in Figure 2 below, the Project Site is located at the northwest corner of the
Dover Drive and Cliff Drive intersection. The Project Site is directly across from Castaways
Park and abuts the Cliff Haven residential community consisting of single-unit residences to
the north, west, and south across Cliff Drive.
Project Site
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Figure 2, Oblique image of the project site and the surrounding neighborhood
Project Description
The applicant proposes to develop a 33-unit residential townhome community. The
proposed development includes two-, three-, and four-bedroom units ranging from 1,355
to 2,247 square feet, each with an attached two-car garage. The units are to be distributed
within seven detached three-story buildings with a maximum structure height of
approximately 38 feet above the established grade. Dwelling unit types are summarized in
Table 1. The project’s design and architecture, access and parking, amenities, and
subdivisions are each described under separate headers below. The applicant’s full
project description is provided as Attachment No. PC 2.
Table 1, Dwelling Unit Summary
Floor Plan Gross Floor
Area (Sq. Ft)
Bedrooms Garage Spaces No. Units
Plan 1 1,355 2 2 11
Plan 2 1,940 3 2 11
Plan 3 2,247 4 2 11
Castaways Park
Cliff Haven
Residential
Neighborhood
Cliff Haven
Residential
Neighborhood Project Site Newport Bay
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Design and Architecture
As depicted in Figure 3, the project design was inspired by mid-century modern design
principles, drawing direct inspiration from both the existing on-site commercial buildings and
the nearby Environmental Nature Center located to the north along Dover Drive, which
features a distinctive butterfly roof form. These influences are expressed through clean
horizontal and vertical massing, asymmetrical rooflines, deep overhangs, large window
groupings, and a soft material palette that reflects the simplicity and transparency
characteristic of mid-century architecture. The project’s coastal color palette draws from
Newport Beach’s natural surroundings, using Pure White and Sea Salt in a refined color-
blocking composition. The light, neutral tones enhance architectural articulation and reflect
the coastal environment, while elongated white brick adds texture and durability. Natural
wood tone siding introduces warmth and balance, consistent with a coastal aesthetic.
Figure 3, Project Rendering viewed from Dover Drive
Access and Parking
Three buildings are located along the Dover Drive frontage, one building is along the Cliff
Drive frontage, and three buildings are on the interior of the proposed townhome community.
The buildings along Dover Drive have direct pedestrian access along the public right-of-
ways with dwelling entrances oriented to the street. The buildings along Cliff Drive have
entrances that connect to a private walkway that leads to Cliff Drive and dwelling entrances
oriented to the street. The interior buildings have entrances connecting to the internal
paseos. Access to the individual garages is provided at the rear of the buildings. The publicly
accessible open space (PAOS) is provided at the rear of the property via a public plaza
including a path connecting the PAOS to the sidewalk along Dover Drive. The plaza includes
a seating area, landscaping, walkway, and a scenic view. Castaways Park is accessible
from the project site through the crosswalk at the intersection of Dover Drive and Cliff Drive.
Castaways Park provides trails and scenic routes along the Back Bay.
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Figure 4, Site Plan
The project is designed with vehicular access from Cliff Drive. A new driveway along the
Cliff Drive frontage will be reconstructed generally in the same location as the existing
driveway. The vehicular access design and analysis is further discussed in the section
Driveway Analysis and Sight Distance of this report, and the layout is depicted in Figure 4.
The project proposes one drive aisle within the interior of the community leading to each of
the individual garages for the units facing Dover Drive. Alley-type shorter drive aisles stem
off of the main drive aisle to provide access to remaining buildings. Guest parking is provided
adjacent to the drive aisles and spread throughout the community The drive aisles will also
accommodate emergency, delivery, and refuse vehicle access with a designated turn
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around area, allowing for vehicles to safely exit the property. Trash pick-up will be staged
along the drive aisles, as each unit will have individual residential trash bins.
The project will provide 66 parking spaces (i.e., two per unit) within garages and 10
uncovered guest parking spaces for a total of 76 parking spaces.
Residential Amenities and Open Space
The development provides resident-serving amenities including two open space areas that
are interconnected with a landscaped walking path. These areas include a seat wall and
lounge seating for an outdoor picnic area with a fire pit, a barbeque, benches, passive open
space, and a dog relief area. In total, these areas provide approximately 4,307 square feet
of open space amenities for the townhome community. Additionally, the 1,956-square-foot
PAOS plaza will also provide an additional seating area, walking path, and scenic view for
residents and public alike. Renderings depicting the amenity areas and public plaza are
depicted in the project plans (Attachment No PC 5).
The Project provides between 69 to 126 square feet of private open space per unit in the
form of balconies. Additionally, three of the seven buildings provide 125 to 211 square feet
of additional private open space in the form of entry courtyards.
Subdivision and Establishment of Grade
The project will subdivide the property to remove the underlying legal lot line crossing the
front of the property and allow for the airspace subdivision of the units for individual sale
(i.e., for condominiums purposes).
The project proposes the establishment of grade for height measurement purposes for each
building. The grade establishment is pursuant to Section 20.30.050 (B)(1) (Grade
Establishment – Subdivisions) of the NBMC which allows the established grade to be the
finished grade as shown on the grading plan or final subdivision map.
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Required City Approvals
The following approvals are required to implement the proposed project:
1. Major Site Development Review (SDR): Required for any project proposing five or
more residential units with a tract map. The SDR also allows for deviations of five
ODS pursuant to Section 20.48.185 (Multi-Unit Objective Design Standards) of the
NBMC.
2. Variance (VA): Requested to allow encroachments into the required street setbacks
along Cliff Drive and Dover Drive.
3. Vesting Tentative Tract Map (VTTM): Requested to remove an existing underlying
lot line and authorize the airspace subdivision of the individual residential units for
individual sale (i.e., for condominium purposes).
DISCUSSION
Analysis
General Plan Consistency
Though the subject property is categorized as General Commercial Office (CO-G) by the
General Plan Land Use Element, it was included as Site No. 144 within Appendix B
(Adequate Sites Analysis) of the adopted and certified 6th Cycle Housing Element
deeming it potentially appropriate for multi-unit residential development in furtherance of
the City’s housing goals. Its rezoning with the HO-3 Subarea designation is supported by
Land Use Element Policy LU4.4 (Rezoning to Accommodate Housing Opportunities),
which states that the City would provide housing opportunities through the use of a
housing overlay zoning district as a regulatory mechanism. In addition to the above, the
project is consistent with several other General Plan Housing Element, Land Use
Element, and Circulation Element policies that establish fundamental criteria for the
formation and implementation of new residential development. A consistency analysis
was completed and is detailed in the attached draft resolution (Attachment No. PC 1), as
well as the attached General Plan Consistency Table (Attachment No. PC 3).
Zoning Code Consistency
The property is located within the HO-3 Subarea of the Housing Opportunity (HO) Overlay
Zoning District. As previously discussed, Section 20.28.050 (B) (Housing Opportunity (HO)
Overlay Zoning Districts – Uses Allowed) of the NBMC allows for multi-unit residential
development on housing overlay sites if the project meets the 20 to 50 dwelling units per
acre density requirement. Based on the proposed 1.61-acre lot, the project results in a
density of 20.5 units per acre and meets the density requirement of the HO-3 Subarea.
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The HO-3 subarea requires 10-foot front/street setbacks, a zero-foot side setback, and a
20-foot rear setback. Additionally, any portion of a building that is over 20 feet in height,
which includes the Project’s third floors, is required to provide a 20-foot setback from the
street right-of-way. The Project is bounded to the east by Dover Drive and to the south by
Cliff Drive. The Project exceeds the minimum 20-foot rear setback by providing a publicly
accessible plaza. The project includes a request for a Variance to encroach into the street
setbacks and the 20-foot setback for the third floor pursuant to Section 20.52.090 (F)
(Variances – Findings and Decisions). The Variance analysis is provided in the Variance
section.
Except for the required street side and front setbacks, the project conforms to all applicable
development standards of the HO-3 Subarea specified in Table 2-16 (Development
Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 of the NBMC,
as evidenced by the project plans (Attachment No. PC 5) and as illustrated in Table 2 below.
Table 2: HO-4 Subarea Development Standards
The project is also subject to the ODS provided in Section 20.48.185 (Multi-Unit Objective
Design Standards) of the NBMC. As indicated in the Objective Design Standards
Checklist (Attachment No. PC 4), the project conforms to 47 of the 52 applicable
standards. Subsection 20.48.185(C) (Applicability) of the NBMC allows for deviations from
any objective design standards through the approval of an SDR, by the Planning
Commission, with additional findings. The applicant requests minor deviations of five
standards as described in the Major Site Development Review - Multi-Unit Objective Design
Standard Deviation section below.
Development Standard Standard Proposed
Setbacks (min.)
Front (Cliff Drive)1 10 feet Varies (6-feet, 8-inches to 7
feet)
Street Side (Dover Drive)1 10 feet Varies (6 feet, 8- inches to 7
feet)
Side (northwest) 0 feet 20 feet
Rear (north) 20 feet 64 feet
Parking (min.) 63 spaces 76 spaces
Building Separation 10 feet 22 to 33 feet
Common Open Space (75 sq. ft./unit
min.)
2,475 sq. ft. 4,307 sq. ft (Fire Pit/Picnic Area)
Private Open Space (5% gross floor
area/unit min.)
68 to 113 sq. ft. per
unit
69 to 126 sq. ft. per unit
Height (max.) 65 feet 37 feet, 6 inches
1 Footnote No. 3 of Table 2-16 of NBMC Section 20.28.050 requires that any portion of a building that is over 20
feet in height, which includes the Project’s third floors, shall provide a 20-foot setback from the street right-of-way.
Included in the Variance request
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The Project exceeds the required 63 on-site parking spaces and provides 76 parking
spaces including a two-car garage for each unit and 10 guest parking spaces. The extra
parking will mitigate use of street parking on Cliff Drive and the adjacent neighborhoods
behind the Project Site.
Major Site Development Review
Section 20.52.080(F) (Site Development Reviews – Findings and Decision) of the NBMC
requires the Planning Commission to make the following findings before approving the
SDR:
A. The proposed development is allowed within the subject zoning district;
B. The proposed development is in compliance with all of the following applicable
criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to
the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
developments; and whether the relationship is based on standards of good
design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the
use of water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance
with NBMC Section 20.30.100 (Public View Protection); and
C. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the
neighborhood of the proposed development.
Staff believe facts to support the findings exist to approve the SDR. These facts are
discussed in detail in the attached draft resolution (Attachment No. PC 1). The key facts
in support of findings are summarized in the following paragraphs.
Design and Open Space
Although the Project Site has an irregular shape, the Project design compactly arranges
the seven separate buildings to maximize site efficiency and preserve a larger than
required rear setback with a publicly accessible plaza. The Project site design includes
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interior drive aisles and resident amenity areas which are screened from public view. The
Project’s larger rear setback, publicly accessible plaza, landscaped edge conditions,
location of drive aisles and residential amenities reduce the visual impact of the Project
and ensure compatibility with the surrounding neighborhood.
Throughout the site, areas of passive green space are integrated alongside pedestrian
walkways, including a turf and decomposed granite seating zone with benches and
sculptural seating elements that provide areas for informal use, rest, and neighborhood
interaction. The site is located directly across from Castaways Park and a short walk to
Coast Highway, providing residents with immediate access to regional nature trails,
coastal open space, and the Upper Newport Bay trail network. This proximity to both
natural and commercial amenities enhance the overall livability of the community and
reinforces its connection to the broader Newport Beach recreational and commercial
network. Figures 5 and 6 below illustrate the features of the Project that promote
compatibility with the existing surrounding neighborhood. Figure 5 illustrates the publicly
accessible plaza; and Figure 6 illustrates the landscape buffer and entrances along Dover
Drive that mimic residential neighborhoods throughout the City.
As noted in Table 2 above, the Project exceeds the minimum common and private open
standards. A total of 4,307 square feet of common open area is provided within an outdoor
picnic area and firepit/barbecue lounge area with a walkway leading to a passive open
space area with outdoor seating and a dog relief area. The Project provides between 69
to 126 square feet of qualifying private open space per unit in the form of balconies.
Additionally, three of the seven buildings provide 125 to 211 square feet of additional
private open space in the form of entry courtyards.
Figure 5, Publicly Accessible Plaza
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Figure 6, Landscape Buffer and Entry along Dover Drive
Scale and Compatibility
The Project is proposed on an existing property with an older medical office development
that is underutilized, within an area of the City that is considerably developed. The Project
will add 33 attached single-unit dwellings to the City’s housing stock which furthers the
City’s efforts of increasing and diversifying the housing stock. The project trip generation
was reviewed and approved by the Public Works Department. The estimated trip
generation for the Project is 222 average daily trips, which is 231 average daily trips less
than the existing medical office use. All internal driveways to garages are behind the
residential buildings and individual trash containers are kept within each private garage
space not visible from the public street
The Project proposes a maximum height of approximately 38 feet (37-feet, 6-inches),
which is approximately 27 feet below the maximum allowed height limit (65 feet). Although
the City does not have private view protection standards, the lower height promotes
compatibility with the surrounding residential neighborhood and is more consistent with
the height limit of lower density residential developments. The side yard adjacent to the
existing single unit residential neighborhood includes a steep slope and requires a
minimum 15-foot setback from the toe of the slope for safety and stability. The Project
provides more than the required 15 feet as well as landscaping, a retaining wall, and a
tall hedge which buffers the community from the existing neighbors. The photo
simulations provided in Figure 7 below illustrates an example sight line from the
residential neighbors, including distances and buffer areas.
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Figure 7, Sight Lines from Residential Neighborhood with Building Heights and Distances to Surrounding
Uses
Driveway Analysis and Sight Distance
The Project driveway would remain in generally the same location as the existing
driveway. Because the driveway is near the signalized intersection of Dover and Cliff
Drive, a driveway analysis was prepared by LSA Associates Inc., dated December 11,
2025, to evaluate inbound and outbound traffic at the project driveway. A level of service
(LOS) analysis and queuing analysis were conducted to determine the potential driveway
operations. A sight distance analysis was also prepared to assess the adequacy and
safety of the stopping and corner sight distances at the project driveway. Based on the
analysis, the proposed project is not anticipated to create any operational or safety issues.
The Public Works Department reviewed and approved the analysis with conditions to
ensure that the driveway does not become a hazard in the future. A Condition of Approval
is included that requires the applicant to construct improvements that would restrict
access to right-in/right-out (RIRO) only access if the City Traffic Engineer determines that
full access (i.e., including left turns) creates an operational or safety issue at the Project
driveway along Cliff Drive. A conceptual RIRO driveway plan was provided in the
approved analysis.
Major Site Development Review – Multi-Unit Objective Design Standard Deviation
Pursuant to Section 20.48.185(A) (Multi-Unit Objective Design Standards – Purpose) of
the NBMC, the project is seeking deviation from five of the 52 applicable Multi-Unit
Objective Design Standards as shown in the Objective Design Standards Checklist
(Attachment PC 5). The purpose of the objective design standards is to ensure high
63’4”
Neighboring Backyard
20’
landscape and
parking area
9’2” Wide
Retaining
Wall area
With hedge
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quality design and to provide a baseline standard for all new multi-unit development in
Newport Beach, including by-right housing approvals. However, in recognition that all the
objective standards may not be appropriate for all developments and that flexibility should
be provided to allow for design creativity and diversity, the Planning Commission may
approve an SDR to allow deviation of multi-unit objective design standards only after
making all the following findings:
A. The strict compliance with the standards is not necessary to achieve the purpose
and intent of this section.
B. The project possesses compensating design and development features that offset
impacts associated with the modification or waiver of standards
Staff believe facts to support the findings exist to approve the deviation of the five
objective design standards. These facts are discussed in detail in the attached draft
resolution (Attachment No. PC 1). The key facts in support of findings needed for the
deviations are summarized as follows and a color elevation of the façade is provided as
shown in Figure 8:
1. Private Driveway Standards - Landscape and Paving Zone (LPZ): A 4-foot
minimum width zone abutting a building is required to provide a minimum of 20%
landscaping with a combination of vines, ornamental, grasses, shrubs, ground
cover, and ornamental trees. The Project provides a 3-foot, 6-inch wide LPZ at
most driveway areas which result from building offsets. The building offset
contributes to enhanced building articulation, resulting in a more visually appealing
facade. Increasing the LPZ zone to meet the 4-foot width requirement would
reduce the size of the building offsets and the open setback area in front of each
building. It could also increase encroachments into front setbacks. The LPZ areas,
however, are designed with more than the required 20% minimum landscaping.
The narrower LPZ design maximizes the amount of landscaped open space in
front of each building which provides more benefit to future residents than the
negligible 6 inches of LPZ adjacent to garages.
2./3. Vertical Modulation – Floor Heights: A minimum middle or top floor-to-floor height
and minimum first finished floor to second finished floor plate elevation are required
to be 10 feet. The Project proposes a first-floor height of 9 feet 1 inch, second floor
of 9 feet, 6 inches and a third floor of 9 feet, 1 inch. The slightly reduced floor
heights are still sufficient for residential design and supports an overall lower
building height, which was also a key design goal to maintain neighborhood
compatibility with the existing adjacent single-unit neighborhood. The floor heights
still meet the intent of the section to provide units that are designed with
comparable design components with residential development throughout the City.
4. Horizontal Modulation – Minimum Depth: All building recesses or projections shall
be a minimum of 2 feet in depth. The Project proposes a variety of different
recesses and projections including first floor recessed entries, second floor
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balconies and covered patios, recessed windows and architectural features. The
intent of this requirement is to allow for sufficient depth of recesses and projections
so that building lengths are sufficiently modulated. While some of the Project’s
recesses and projections are less than 2 feet in depth, the Project provides large
second floor recesses, balconies, and patios. The Project provides additional
depth for other recesses and projection features which ensures building length is
less visually obtrusive. The buildings are shorter ranging from 78 feet to 109 feet
in length where the maximum allowed is 150 feet. The recesses and modulation
range from 0 to 30 inches providing ample articulation and meeting the intent of
this section.
5. Horizontal Modulation – Maximum Number: A maximum of two recesses or
projections per façade. The Project includes more than two recesses and
projections in both of the largest buildings within the development. The additional
recesses and projections allow for sufficient modulation to each unit. The intent of
this requirement is to avoid lengthy and plain building faces. Limiting the design to
only two recesses or projections would result in less modulation, less visual
interest, and a building less reminiscent of townhomes. The Project is furthering
the intent of this requirement by sufficiently modulating the buildings, which results
in a less visually obtrusive building length.
Figure 8, Facade of Eight-Unit Building
The project as proposed goes beyond the intent of the Objective Design Standards, which
is to ensure the high-quality design for residential projects with a density of at least 20
units per acre. Though the project requests minor deviations to five objective design
standards, the project is still consistent with the intent that the objective design standards
and the deviations are appropriate.
Variance
Section 20.52.090(F) (Variances – Findings and Decisions) of the NBMC, requires the
Planning Commission to make the following findings before approving a Variance:
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A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
B. Strict compliance with Zoning Code requirements would deprive the subject property
of privileges enjoyed by other properties in the vicinity and under an identical zoning
classification;
C. Granting of the variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
D. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district;
E. Granting of the variance will not be in conflict with the intent and purpose of this
section, this Zoning Code, the General Plan, or any applicable specific plan.
Staff believe facts to support the findings exist to approve the Variance. These facts are
discussed in detail in the attached draft resolution (Attachment No. PC 1). The key facts
in support of findings are summarized in the following paragraphs.
The Project Site is irregular in shape, with two property lines abutting public streets and
one property line abutting an existing single-unit residential neighborhood. The corner of
the Property is adjacent to the intersection of Dover Drive and Cliff Drive and requires
compliance with sight distance safety regulations. Additionally, there is a steep slope at
the side of the property abutting the existing residential properties. The Project is required
to maintain a horizontal distance of 15 feet from the toe of slope to the building. These
conditions greatly reduce the buildable area for the development of the site when
compared to other properties along Dover Drive within the HO-3 subarea, including corner
lots, that are larger in size with four-sided rectangular shapes and mostly flat topography.
The strict application of the setbacks and compliance with sight distance safety
regulations unreasonably restricts the ability to develop a housing project at the minimum
density required pursuant to the HO-3 subarea.
The existing medical offices on the Property are considered underutilized with small, one-
story structures that were common in the past but are now outdated. Developing the
property to the full potential allowed by the current Zoning Code (as enjoyed by other
properties), would not be possible without some concessions to fit into the irregular shape
or substantially increase the height or bulk of the structures.
Figure 9 below illustrates the physical constraints on the buildable area of the property.
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Figure 9, Site Constraints
Four of the seven multi-unit residential buildings are located along the street frontages
and include encroachments into the setbacks. Figure 9 also illustrates the proposed
staggered encroachments into the setbacks. The encroachments are jogging in and out
of the setbacks which provide architectural relief and less impact to the adjacent public
right of ways. Encroachments include the following:
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Dover Drive Frontage (Buildings 5,6,7):
• First Floor: A structural component that encroaches a maximum 3 feet into the 10-
foot street-setback to support balconies on the second floor (no floor area
encroachment).
• Second Floor: Balconies that encroach a maximum of 3 feet and powder rooms
that encroach a maximum of 1-foot, 4-inches into the 10-foot-street setback.
• Third Floor: All third floors are subject to a 20-foot street setback because they
exceed 20 feet in height from established grade. All third floors within these
buildings include a proposed encroachment of a primary bedroom. The bedrooms
encroach approximately 10-feet, 3-inches to 13-feet, 4-inches and provide a
minimum 6-foot, 8-inches setback. The greatest encroachment occurs in the
narrowest portion of the lot along Dover Drive in Building 5.
Cliff Drive Frontage (Building 1):
• First Floor: A structural component that encroaches a maximum 4 inches into the
10-foot street-setback to support balconies on the second floor (no floor area
encroachment).
• Second Floor: Balconies and powder rooms that encroach a maximum 4 inches
into the 10-foot street-setback.
• Third Floor: All third floors are subject to a 20-foot street setback because they
exceed 20 feet in height from established grade. All third floors within this building
include a proposed encroachment of a primary bedroom. The bedrooms encroach
a maximum of 10 feet, 2 inches and provide a minimum 9-feet, 10-inches setback.
To fit the minimum density of 20 units per acre for HO-3 Subarea (33 units), one design
solution is to increase the height of the structures to 65 feet as allowed per the HO-3
development standards. However, the property abuts a single-unit residential
neighborhood with 29-foot height limits. The Project is designed with a maximum height
of approximately 38 feet to promote a seamless transition and improve compatibility
between an established low density single-unit neighborhood and a medium density
townhome development. Increasing the height would also result in more impactful visual
mass from the Dover Drive and Cliff Drive rights-of-ways.
The intent of increased setbacks along street frontages is to provide adequate distance
from curbs and sidewalks to improve scale and allow for landscaping. Setbacks are
measured from the property line, which are typically located at back of sidewalk or curb.
In this case, the property line along Cliff Drive is 12 feet, 6 inches behind the curb and the
property line along Dover Drive is 11 feet behind the curb. Therefore, the actual distance
from the face of curb to the buildings ranges from 18 feet to over 20 feet, preserving the
intended visual openness, pedestrian comfort, and neighborhood character. The design
of the buildings on the street frontages include modulation of volume through patios and
balconies. The frontages provide entrances to the residential units and there are no long
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unarticulated walls, significant mass or bulk encroaching into the setbacks. The ground
floors provide entry courtyards, stoops, and design features found within front yard areas
throughout the residential neighborhoods Citywide.
The granting of the Variance will not constitute special privileges for the Project, as the
design is well under the maximum height limit and maximum density; provides a larger
rear setback area with a publicly accessible plaza; and meets all requirements for open
space.
In summary, the encroachments are the least impactful to the surrounding neighborhood
as they are minor in nature compared to the Project’s compliance with all of the following:
the sight distance on the corner of Dover Drive and Cliff Drive; the slope stability setback
adjacent the neighboring residential properties; on-site circulation providing the minimum
drive aisle widths for traffic and fire regulations; the minimum design requirements of open
space and landscaping; and the minimum density and height limit for the surrounding
neighborhood. The Project provides additional housing opportunities for the surrounding
area maintaining the character of the residential neighborhoods by not maximizing the
height, square footage, or number of units
Vesting Tentative Tract Map
Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC,
requires the Planning Commission to make the following findings before approving a
Vesting Tentative Tract Map:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code;
B. That the site is physically suitable for the type and density of development;
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the California Environmental Quality Act that specific economic,
social or other considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report;
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection, the decision-making body may
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approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones
previously acquired by the public. This finding shall apply only to easements of
record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to the City Council to determine that
the public at large has acquired easements for access through or use of property
within a subdivision;
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map
Act, if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land;
G. That, in the case of a “land project” as defined in California Business and
Professions Code Section 11000.5, (1) there is an adopted specific plan for the
area to be included within the land project; and (2) the decision making body finds
that the proposed land project is consistent with the specific plan for the area;
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act;
I. That the subdivision is consistent with California Government Code
Sections 66412.3 and 65584 regarding the City’s share of the regional housing
need and that it balances the housing needs of the region against the public service
needs of the City’s residents and available fiscal and environmental resources;
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board; and
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with
public access and recreation policies of Chapter Three of the Coastal Act.
Staff believe facts to support the findings exist to approve the VTTM. These facts are
discussed in detail in the attached draft resolution (Attachment No. PC 1). The key facts
in support of findings are summarized in the following paragraphs.
The project is subject to pay an in-lieu park dedication fee pursuant to Chapter 19.52
(Park Dedication and Fees) of the NBMC, as required for park and recreational purposes.
A preliminary application for residential development, filed as PA2025-0066, was deemed
submitted on March 21, 2025, for this Project. The preliminary application prevents the
Project from being subject to any City ordinances, policies, and standards adopted after
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the date of submission, except as specified in Government Code Section 65589.5(o).
Therefore, the Project will be subject to the in-lieu park fee in the amount of $38,400 per
unit which was the fee in effect at the time the preliminary application was deemed
submitted.
The site is suitable for the type and density of the development in that the infrastructure
serving the site has been designed to accommodate the proposed project. A sewer and
water demand study was prepared by C&V Consulting, Inc. dated July 2025. The study
concluded that the proposed onsite water system is adequately designed to provide
domestic water service and fire flow for the proposed onsite fire hydrants and building’s
domestic demand. Due to domestic water pressures, the developer will install a publicly
owned and operated pressure-reducing station to be constructed to City standards. The
Project does not result in more than 500 dwelling units; therefore, a Water Supply
Assessment (WSA) is not required for Project. The study also concluded that the
proposed sewer system will be sufficient to serve the project.
The Property is not designated as wetlands, is not identified for conservation in an
adopted natural resource protection plan and is developed and does not contain habitat
for protected species. Furthermore, the project is not expected to result in any public
health or safety concern to residents in this area or throughout the City. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will be
required of the developer per Section 19.28.010 (General Improvement Requirements)
of the NBMC.
Environmental Review
This project is statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Public Resources Code (PRC) Section 21080.66 (enacted through Assembly
Bill 130) because it has no potential to have a significant effect on the environment and
meets the eligibility criteria to qualify for AB 130 as described in more detail in Section 2
of the attached draft resolution (Attachment No. PC 1). AB 130 took effect June 30, 2025,
and created a new CEQA exemption designed to further the development of in-fill housing
projects.
Pursuant to AB130, consultation with Native American Tribes is also required in addition
to meeting the eligibility criteria. Therefore, the City initiated consultation on October 21,
2025, and November 4, 2025, with the two tribes that requested consultation, Juaneño
Band of Mission Indians, Acjachemen Nation- Belardes and the Gabrieleno Band of
Mission Indians - Kizh Nation. The tribal consultation with the Juaneño Band of Mission
Indians, Acjachemen Nation- Belardes and the Gabrieleno Band of Mission Indians - Kizh
Nation concluded on December 3, 2025, and December 22, 2025, respectively, and tribal
monitoring conditions are included in Exhibit “C” (Conditions of Approval) of Attachment
PC 1. AB130 includes a list of criteria for a Project site to qualify for the exemption. In
summary and as provided in detail in the resolution, the criteria includes considerations
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related to zoning, land use (including minimum density), and environmental topics such
as confirmation of no wetlands, natural resources, or hazards on the property.
SUMMARY
Staff believes the findings for project approval are made as demonstrated by Attachment
No. PC 1 to this report. The project is consistent with the intent of the HO-3 Subarea and
is consistent with the policies of the General Plan Housing, Land Use, and Circulation
Elements. If approved, the project will provide a net increase of 33 for sale attached
single-unit dwellings, which diversifies the City’s housing stock and helps increase the
supply of housing in Newport Beach.
Alternatives and Housing Accountability Act Compliance
Should the Planning Commission’s review and evaluation of this project not coincide with
City staff’s recommendation, then the following alternative options are available to the
Planning Commission:
1. For projects that are fully consistent with objective general plan, zoning (including
objective design standards), and subdivision standards, Housing Accountability
Act (Government Code Section 65589.5), restricts the City’s ability to deny, reduce
density of, or make infeasible housing developments, unless specific findings can
be made. In this case, the Project does not meet all objective setback standards
and requires a variance request. Therefore, should the Planning Commission
determine that there are insufficient facts to support one or more of the findings for
approval for the requested variance, the Planning Commission may propose
modifications to the Project or deny the application and provide facts in support of
denial of the variance.
2. The Planning Commission may propose modifications that are necessary to
eliminate the deviations from the ODS; however, the proposed modifications
should not result in the reduction of dwelling units. If the proposed modifications
are substantial, the item could be continued to the February 19, 2026, Planning
Commission meeting. Should the Planning Commission choose to do so, staff will
return with a revised resolution incorporating new findings and/or conditions. The
Planning Commission must make a final decision by February 19, 2026, to comply
with Government Code § 65950(b) and Government Code § 65957) which requires
a decision be rendered within 30 days of the conclusion of tribal consultation if the
project uses the AB130 statutory exemption for CEQA. The tribal consultation
process concluded on December 22, 2025, and the deadline for a decision was
January 22, 2026. However, the City and Applicant may mutually agree in writing
to a one-time, 90-day extension. For this project the applicant provided a one-time
extension of up to 30 days, extending the decision date to February 21, 2026.
3. In the case of denial or imposing a condition that the project be developed at a
lower density or with any other conditions that would adversely impact feasibility
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of the proposed project, the Planning Commission must articulate the factual basis
(burden of proof on the City) to justify denial or reduction in density for making the
following findings and direct staff to return with a revised resolution incorporating
the articulated findings and factual basis for the decision:
(A)The housing development project would have a specific, adverse impact
upon the public health or safety unless the project is disapproved or
approved upon the condition that the project be developed at a lower
density. As used in this paragraph, a “specific, adverse impact” means a
significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed
complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified, other than the disapproval of the housing development
project or the approval of the project upon the condition that it be
developed at a lower density.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description
PC 3 General Plan Consistency Table
PC 4 Multi-Unit Objective Design Standards Checklist
PC 5 Project Plans
26
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
27
INTENTIONALLY BLANK
P
A
G
E
28
RESOLUTION NO. PC2026-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A MAJOR
SITE DEVELOPMENT REVIEW, VARIANCE, AND VESTING
TENTATIVE TRACT MAP FOR A 33 RESIDENTIAL TOWNHOME
PROJECT LOCATED AT 601 DOVER DRIVE (PA2025-0135)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Shea Homes (“Applicant”), concerning property located at 601
Dover Drive (APN 049-271-30), and legally described and providing in “Exhibit A”
requesting approval of a Major Site Development Review, Variance, and Vesting Tentative
Tract Map.
2. The applicant proposes to demolish an existing medical office building and construct 33
for sale, residential townhomes at 601 Dover Drive (“Property”). The proposed
development includes two-, three-, and four-bedroom units ranging from 1,355 to 2,247
square feet. The development will include a two-car garage for each unit and 10 uncovered
guest parking spaces for a total of 76 on-site parking spaces. The 33 units will be
distributed within seven detached, three-story buildings with a maximum structure height
of 38 feet above the established grade. The development will include resident-serving
amenities including outdoor seating, picnic tables, barbeques, and a firepit area. Vehicular
access to the Property is provided via a driveway on Cliff Drive. Pedestrian access to the
site and a public plaza is provided off of Dover Drive. The public plaza includes a seating
area, walkway, and a scenic view (“Project”).
3. The following approvals are required from the City of Newport Beach (“City) to implement
the Project:
a. Major Site Development Review (“SDR”):
i. An SDR is required for projects proposing five or more units with a tract map.
An SDR is also requested to allow deviations from five multi-unit objective
design standards pursuant to Section 20.48.185 (Multi-Unit Objective
Design Standards) of the Newport Beach Municipal Code (“NBMC”).
b. Variance (“VA”):
i. A VA is requested to allow encroachments into the required street setbacks
along Cliff Drive and Dover Drive.
c. Vesting Tentative Tract Map (“VTTM”):
i. A VTTM is requested to remove an underlying lot line and allow for an
airspace subdivision of the individual residential units for condominium
purposes.
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4. On September 24, 2024, the City Council adopted Ordinance Nos. 2024-16 and 2024-17,
approving amendments to Title 20 (Planning and Zoning) of the NBMC to establish the
Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing
Opportunity (HO) Overlay Zoning Districts) (“Housing Overlay”) and to create multi-unit
objective design standards in Section 20.48.185 (Multi-Unit Objective Design Standards)
of the NBMC. The new sections serve to implement Policy Actions 1A through 1G and 3A
in the 6th Cycle Housing Element ("Housing Element") of the General Plan. The Property
was identified as Housing Opportunity Site No. 144.
5. The Property is located within the HO-3 (Dover-Westcliff) Subarea of the Housing
Opportunity (HO) Overlay Zoning District. The Property is designated as General
Commercial Office (CO-G) by the General Plan Land Use Element and is located within
the OG (Office-General) Zoning District.
6. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
7. The Project does not include the construction of affordable housing. However, the City’s
Sites Inventory within the City’s 6th Cycle Housing Element contains other adequate sites
suitable for affordable housing opportunities and therefore is consistent with the State’s no
net loss provisions.
8. A public hearing was held on February 5, 2026, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing
was given in accordance with Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to and considered by the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Public Resources Code (“PRC”) Section 21080.66 (enacted through Assembly
Bill 130) because it has no potential to have a significant effect on the environment.
2. Pursuant to Section 21080.66 of the PRC, the Project is statutorily exempt because it
meets the following criteria:
a. The Project is entirely residential and therefore meets the definition of a “housing
development project.”
b. The Property is less than 20 acres (1.61 acres).
c. The Property is within the City of Newport Beach, an incorporated municipality.
d. The Property is currently developed with urban uses (commercial development).
e. The General Plan land use designation is General Commercial Office (CO-G)
and the zoning is Office-General (OG), but the site is located within the HO-3
Housing Overlay (HO-3) and designated as a Housing Opportunity Site in the
City’s General Plan Housing Element. HO-3 allows residential development at
a minimum of 20 dwelling units per acre and up to 50 dwelling units per acre.
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f. The Project complies with the Housing Overlay District with a proposed density
of approximately 20.5 dwelling units per acre.
g. The Project proposes to develop 33 townhomes (approximately 20.5 du/acre)
which exceeds the applicable density requirement under state law (minimum 15
dwelling units per acre
h. The Property is not located in the Coastal Zone.
i. The Property is designated as “urban and builtup land” and not as prime
farmland or farmland of statewide importance.
j. The Property is not designated as wetlands and does not contain wetlands.
k. The Property is not located in a Very High Fire Hazard Severity Zone (VHFHSZ)
zone.
l. The Property is not located on hazardous waste site that is listed on the Cortese
List or a site designated by the Department of Toxic Substances (DTSC)
pursuant to California Health and Safety Code (H&S) Section 25356.
m. The Property is not located in an earthquake fault zone.
n. The Property is not located within a special flood hazard area.
o. The Property is not located in a regulatory floodway.
p. The Property is not identified for conservation in an adopted natural resource
protection plan.
q. The Property is developed and does not contain habitat for protected species.
r. The Property is not subject to a conservation easement.
s. The Project does not require the demolition of any historic structures. The
buildings that exist on the Property are not listed on a national, state, or local
historic register.
t. No portion of the Project would be a hotel, motel, bed and breakfast, or other
transient lodging.
u. The Project is not within 500 feet of a freeway.
Additionally, the City completed tribal consultation with Native American Tribes that are
traditionally and culturally affiliated with the geographic area of the Project as required. The
City initiated consultation on October 21, 2025 and November 4, 2025, with the two tribes that
requested consultation, Juaneño Band of Mission Indians, Acjachemen Nation- Belardes and
the Gabrieleno Band of Mission Indians - Kizh Nation. The tribal consultation with the Juaneño
Band of Mission Indians, Acjachemen Nation- Belardes and the Gabrieleno Band of Mission
Indians - Kizh Nation concluded on December 3, 2025, and December 22, 2025, respectively,
and mitigation measures are included in conditions of approval attached hereto as set Exhibit
“C”.
SECTION 3. REQUIRED FINDINGS.
Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
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Finding:
A. The proposed development is allowed within the subject Zoning District.
Facts in Support of Finding:
1. The Property is located within the HO-3 Dover-Westcliff Subarea and is identified as
Housing Opportunity Site No. 144. Pursuant to Section 20.28.050 (B) (Housing
Opportunity (HO) Overlay Zoning Districts – Uses Allowed), in addition to the uses that are
permitted or conditionally permitted in the base zoning district, multi-unit residential
development that meets the 20 to 50 dwelling units per acre density requirement shall be
permitted within the HO-3 Subarea.
2. Pursuant to Table 2-16 (Development Standards for Housing Opportunity Overlay
Zones) of Section 20.28.050 of the NBMC, the HO-3 Subarea requires a density of 20
to 50 dwelling units per acre. Based on the proposed 1.61-acre lot, the Project results in
a density of 20.5 units per acre and meets the density requirement of the HO-3 Subarea.
3. The HO-3 subarea requires a 10-foot front/street setbacks, zero-foot side setback, and
a 20-foot rear setback. Additionally, footnote No. 3 of Table 2-16 requires that any
portion of a building that is over 20 feet in height, which includes the Project’s third floors,
provide a 20-foot setback from the street right-of-way. The Project is bounded to the
east by Dover Drive and to the south by Cliff Drive. The Project exceeds the minimum
20-foot rear setback providing a publicly accessible plaza. The Project includes a
request for a Variance to encroach into the street setbacks and the 20-foot setback for
the third floor pursuant to Section 20.52.090(F) (Variances – Findings and Decisions).
Refer to Findings F through K for Facts in support of Findings for the Variance.
4. Table 2-16 establishes a maximum height of 65 feet for the HO-3 subarea. The Project
proposes a maximum height of 38 feet to the highest ridge as measured from the
established grade indicated on the VTTM, consistent with Section 20.30.050 (B)(1)
(Grade Establishment – Subdivisions) of the NBMC.
5. Table 2-17 (Residential Off-Street Parking Requirements for Housing Opportunity
Overlay Zones) of Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning
Districts) of the NBMC requires 1.8 parking spaces per unit that includes two bedrooms,
2.0 parking spaces per unit that includes three or more bedrooms, and 0.3 spaces per
unit for visitor parking. The Project proposes 33 dwelling units, eight units with two
bedrooms and 19 units with three or more bedrooms, resulting in a requirement of 63
parking spaces overall. The Project provides a two-car garage for each unit and 10 guest
parking spaces for a total of 76 onsite parking spaces. The Project therefore complies
with the minimum parking requirement.
6. Pursuant to Section 20.30.130 (Traffic Safety Visibility Area) of the NBMC, the Project
would comply with sight-distance requirements. Fact 3 in Support of Finding C is
incorporated by reference.
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7. Pursuant to Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the
NBMC, the Project provides the minimum common storage areas for refuse and
recycling.
8. Pursuant to Section 20.48.185 (Multi-Unit Objective Design Standards) of the NBMC,
multi-unit objective design standards are applicable to any residential project with a
minimum density of 20 dwelling units per acre. These standards ensure the highest
possible design quality and provide a baseline standard for new multi-unit developments
throughout the City. As detailed in the Objective Design Standards Checklist, which is
attached hereto as Exhibit “B” and incorporated by reference, the Project deviates from
the following five objective design standards:
(1) Section 20.48.185(N)(2)(b) (Private Driveway Standards - Landscape and Paving
Zone);
(2) 20.48.185(Q)(2)(b) (Vertical Modulation – Floor Heights);
(3) 20.48.185 (Q)(3)(a)(i) (Vertical Modulation – Floor Heights);
(4) 20.48.185(R)(1)(c) (Horizontal Modulation – Minimum Depth); and
(5) 20.48.185(R)(1)(d) (Horizontal Modulation – Maximum Number) of the NBMC.
The Project otherwise complies with the design standards and, in come some cases,
exceeds the intent of the standards. Section 20.48.185(C) (Multi-Unit Objective Design
Standards – Applicability) of the NBMC allows for deviations from any objective design
standards through the approval of an SDR by the Planning Commission if the Applicant
can demonstrate that strict compliance with the standards is not necessary to achieve
the purpose of the objective design standards and that the project possesses
compensating design and development features that meets or exceeds the intent of the
objective design standards. The facts in support of the required findings are included in
Findings D through E.
9. The HO-3 subarea requires a minimum building separation of 10 feet. The Project
proposes varying building separations of 10 feet to 19 feet. The Project therefore
complies with the minimum building separation requirement.
10. The HO-3 subarea requires that at least 75 square feet of common space be provided
per dwelling unit throughout the Property with a minimum length and width of 15 feet.
The Project is therefore required to provide a minimum of 2,475 square feet of common
open space. Section 20.70 (Definitions) of the NBMC defines common open space as
the land area within a residential development that is not individually owned or dedicated
for public use and that is designed, intended, and reserved exclusively for the shared
enjoyment or use by all the residents and their guests including but not limited to areas
of scenic or natural beauty, barbecue areas, landscaped areas, turf areas, and habitat
areas. The Project provides a total of 4,307 square feet of common open area within an
outdoor picnic area and firepit/barbecue lounge area with a walkway leading to a passive
open space area with outdoor seating and a dog relief area. The Project therefore complies
with the minimum common open space requirement.
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11. The HO-3 subarea requires that at least 5% of the proposed gross floor area per unit be
dedicated to private open space. Qualifying areas of private open space shall have a
dimension of at least 6 feet in length and width. Section 20.70 (Definitions) of the NBMC
defines private open spaces as outdoor or unenclosed areas directly adjoining and
accessible to a dwelling unit, reserved for the exclusive private enjoyment and use of
residents of the dwelling unit and their guests including but not limited to a balcony,
deck, porch or terrace. The Project requires between 68 to 113 square feet of private
open space per unit. The Project provides between 69 to 126 square feet of qualifying
private open space per unit in the form of balconies, and therefore complies with the
minimum private open space requirement. Additionally, three of the seven buildings
provide 125 to 211 square feet of additional private open space in the form of entry
courtyards.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the
site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding:
1. The Property is categorized as General Commercial Office (CO-G) by the Land Use
Element of the General Plan. However, as indicated in Land Use Policy LU 4.5
(Residential Uses and Residential Densities), residential use of any property including
within an established housing opportunity overlay zoning district is allowed regardless
of and in addition to the underlying land use category. In this case, the HO-3 subarea
would allow residential development on the Property in addition to the uses allowed in
of the underlying CO-G land use category and zoning district.
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2. The Project is consistent with the following General Plan Housing Element, Land Use
Element, and Circulation Element policies that establish fundamental criteria for the
formation and implementation of new residential development, including, but not limited
to the following:
a. Housing Element Policy 3.2. Encourage housing developments to offer a
wide spectrum of housing choices, designs, and configurations.
See LU 2.3 Range of Residential Choices below.
b. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide
opportunities for the development of residential units that respond to
community and regional needs in terms of density, size, location, and cost.
Implement goals, policies, programs, and objectives identified within the City’s
Housing Element.
The Project proposes a 33-unit residential condominium complex consisting
of for-sale, attached single-unit dwellings offered in three distinct floor plan
configurations ranging from two to four bedrooms and 1,355 to 2,247 square
feet. This Project would diversify the City’s housing stock, accommodate a
variety of household sizes, respond to market demand, and support the City’s
efforts to increase the supply of housing throughout the City.
c. Land Use Element Policy LU3.2 (Growth and Change). Enhance existing
neighborhoods, districts, and corridors, allowing for re-use and infill with uses
that are complementary in type, form, scale, and character. Changes in use
and/or density/intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport
Beach’s share of projected regional population growth, improve the
relationship and reduce commuting distance between home and jobs, or
enhance the values that distinguish Newport Beach as a special place to live
for its residents. The scale of growth and new development shall be
coordinated with the provision of adequate infrastructure and public services,
including standards for acceptable traffic level of service.
The Project is proposed on an existing property with an older medical office
development that is underutilized, within an area of the City that is
considerably developed. The Project will add 33 attached single-unit dwellings
to the City’s housing stock which furthers the City’s efforts of increasing and
diversifying the housing stock. The Project trip generation was reviewed and
approved by the Public Works Department. The estimated trip generation for
the Project is 231 average daily trips less than the existing medical office use.
Additionally, the Public Works Department reviewed the sewer and water
demand study prepared for the Project and approved the new sewer and
water line improvements that are proposed to accommodate the Project.
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d. Land Use Element Policy LU 4.5 (Residential Uses and Residential
Densities). Residential use of any property included within an established
housing opportunity overlay zoning district is allowed regardless of and in
addition to the underlying land use category or density limit established
through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the
Land Use Element. A general plan amendment is not required to develop a
residential use within an established housing opportunity zoning overlay
district. The maximum density specified for the various overlay districts
specified in Policy LU 4.4 is an average over the entire property or project site.
For example, a portion of a development site may be developed at a higher
density than specified by Policy 4.4 provided other portions of the site are
developed at lower densities such that the average does not exceed the
maximum. Density calculations and total units identified in LU 4.4 do not
include units identified as pipeline units or units permitted pursuant to State
density bonus law.
The Project is located within Housing Opportunity Site No. 144 and is located
within the HO-3 Subarea. The Project proposes 33 residential condominiums
on a 1.61-acre property which yields a density of 20.5 dwelling units per acre,
consistent with the allowed density of the HO-3 Subarea.
e. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential
Properties). Require that residential front setbacks and other areas visible
from the public street be attractively landscaped, trash containers enclosed,
and driveway and parking paving minimized.
While Policy LU 5.1.6 is intended for single-family detached and two-unit
projects, the Project includes buffer landscaped areas and common open
space that are thoroughly landscaped with drought tolerant and noninvasive
plant species. The frontages include private courtyards behind low fences and
entry stoops mimicking residential neighborhoods throughout the City.
Additionally, all internal driveways to garages are behind the residential
buildings and individual trash containers are kept within each private garage
space not visible from the public street.
f. Land Use Element Policy LU 5.1.9 (Character and Quality of Multi-Family
Residential) Require that multi-family dwellings be designed to convey a
high-quality architectural character in accordance with the following
principles:
Building Elevations
Treatment of the elevations of buildings facing public streets and pedestrian
ways as the principal façades with respect to architectural treatment to
achieve the highest level of urban design and neighborhood quality.
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Architectural treatment of building elevations and modulation of mass to
convey the character of separate living units or clusters of living units,
avoiding the appearance of a singular building volume.
Provide street- and path-facing elevations with high-quality doors, windows,
moldings, metalwork, and finishes.
Ground Floor Treatment
Set ground-floor residential uses back from the sidewalk or from the right-of-
way, whichever yields the greater setback to provide privacy and a sense of
security and to leave room for stoops, porches and landscaping.
Raise ground-floor residential uses above the sidewalk for privacy and
security but not so much that pedestrians face blank walls or look into utility
or parking space.
Encourage stoops and porches for ground-floor residential units facing public
streets and pedestrian ways.
Roof Design
Modulate roof profiles to reduce the apparent scale of large structures and to
provide visual interest and variety.
Parking
Design covered and enclosed parking areas to be integral with the
architecture of the residential units’ architecture.
Open Space and Amenity
Incorporate usable and functional private open space for each unit.
Incorporate common open space that creates a pleasant living environment
with opportunities for recreation.
The principles of this policy are implemented through Section 20.48.185
(Multi-Unit Objective Design Standards) of the NBMC. As detailed in the
Objective Design Standards Checklist, which is attached hereto as Exhibit “B”
and incorporated by reference, the Project complies with the majority (47 of
52) of the applicable objective design standards and in some cases exceeds
the intent of the standards. However, the Applicant requests minor deviations
of five objective design standards. The Objective Design Standards were
developed to implement Land Use Policy LU5.1.9, therefore compliance with
these standards with negligible deviation ensures that the Project is consistent
with Land Use Policy LU5.1.9.
g. Land Use Element Policy LU 5.6.1 (Compatible Development). Require
that buildings and properties be designed to ensure compatibility within and
as interfaces between neighborhoods, districts, and corridors
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Although the Property has an irregular shape, the Project design compactly
arranges the seven separate buildings to maximize site efficiency and
preserve a larger than required rear setback with a publicly accessible plaza.
The side property line abutting the existing residential neighborhood will
maintain an existing retaining wall and provide the required slope stability
setback, softening the transition to the Project. The Project site design
includes interior drive aisles and resident amenity areas which are screened
from public view. The Project’s larger rear setback, publicly accessible plaza,
landscaped edge conditions, location of drive aisles and residential amenities
reduce the visual impact of the Project and ensures compatibility with the
surrounding neighborhood.
h. Land Use Element Policy LU 5.6.2 (Form and Environment). Require that
new and renovated buildings be designed to avoid the use of styles, colors,
and materials that unusually impact the design character and quality of their
location such as abrupt changes in scale, building form, architectural style,
and the use of surface materials that raise local temperatures, result in glare
and excessive illumination of adjoining properties and open spaces, or
adversely modify wind patterns.
The architectural design of the Project is inspired by mid-century modern
design principles, drawing direct inspiration from both the existing on-site
commercial buildings and the nearby Environmental Nature Center located to
the north along Dover Drive, which features a distinctive butterfly roof form.
These influences are expressed through clean horizontal and vertical
massing, asymmetrical rooflines, deep overhangs, large window groupings,
and a soft material palette that reflects the simplicity and transparency
characteristic of mid-century architecture. Additionally, the Project includes
color schemes: The Project’s coastal color palette draws from Newport
Beach’s natural surroundings, using Pure White and Sea Salt in a refined
color-blocking composition. The light, neutral tones enhance architectural
articulation and reflect the coastal environment, while elongated white brick
adds texture and durability. Natural wood tone siding introduces warmth and
balance, consistent with a coastal aesthetic.
i. Land Use Element Policy LU 5.6.3 (Ambient Lighting). Require that
outdoor lighting be located and designed to prevent spillover onto adjoining
properties or significantly increase the overall ambient illumination of their
location.
The Project has been conditioned to require the Applicant to prepare a
photometric study in conjunction with a final lighting plan which shows that
lighting values are “1” or less at all property lines. The Project has also been
conditioned to allow the Community Development Director to order the
dimming of light sources or other remediation upon finding that the illumination
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creates an unacceptable negative impact on surrounding land uses or
environmental resources.
j. Land Use Policy LU 6.15.23 (Sustainable Development Practices).
Require that development achieves a high level of environmental
sustainability that reduces pollution and consumption of energy, water, and
natural resources. This may be accomplished through the mix and density of
uses, building location and design, transportation modes, and other
techniques. Among the strategies that should be considered are the
integration of residential with job-generating uses, use of alternative
transportation modes, maximized walkability, use of recycled materials,
capture and re-use of storm water on-site, water conserving fixtures and
landscapes, and architectural elements that reduce heat gain and loss.
The Project is required to comply with the provisions of the Building and
Energy Efficiency Standards California Code of Regulations (CCR), Title 24,
Parts 6 – California Energy Code) and the Green Building Standards Code
(CCR, Title 24, Part 11 - CALGreen). Additionally, the Project would
implement water-efficient landscaping, water quality best management
practices and low impact development practices. The Project would maintain
the existing drainage patterns by incorporating a series of high and low points
to create sump conditions, effectively channeling stormwater to catch basins
or an alternative capture system. The collected stormwater will ultimately
discharge into the existing catch basin at the Project frontage along Cliff Drive.
The Project is within proximity to schools and businesses and would provide
additional options for housing in this area. A publicly accessible plaza is
provided along Dover Drive, enhancing the pedestrian experience at the
Project frontage and creating a visible community amenity at the street level.
Throughout the site, areas of passive green space are integrated alongside
pedestrian walkways, including a turf and decomposed granite seating zone
with benches and sculptural seating elements that provide areas for informal
use, rest, and neighborhood interaction. The site is located directly across
from Castaways Park and a short walk to Coast Highway, providing residents
with immediate access to regional nature trails, coastal open space, and the
Upper Newport Bay trail network. This proximity to both natural and
commercial amenities enhances the overall livability of the community and
reinforces its connection to the broader Newport Beach recreational and
commercial network.
k. Circulation Element Policy CE 2.3.3 (New Development Maintained
Responsibility). Ensure minimization of traffic congestion impacts and
parking impacts and ensure proper roadway maintenance through review and
approval of Construction Management Plans associated with new
development proposals in residential neighborhoods.
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A draft construction management plan (“CMP”) has been reviewed and
approved by the Community Development, Fire, and Public Works
Departments. This ensures that any traffic congestion impacts associated with
the construction process is minimized to the greatest extent possible. The
Project has been conditioned to require the applicant to provide a final CMP to
be reviewed and approved by Community Development, Fire, and Public Works
Departments
l. Circulation Element Policy 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.
See finding LU 6.15.23 Sustainable Development Practices above.
3. Facts 1 through 9 in support of Finding A are hereby incorporated by reference.
4. The Property is not located within a Specific Plan Area.
5. The Project includes various intentional architectural design features including recessed
balconies, varied rooflines, and material changes with a neutral, earthy and coastal color
palette. These design features result in well-articulated facades which reduce the visual
bulk of the Project and allow each unit to appear as distinct homes rather than a single,
unarticulated, building. A publicly accessible plaza is provided with pedestrian
connection from Dover Drive and provides seating, landscaping, and a scenic view.
6. The Project will utilize an existing curb cut for vehicular access from Cliff Drive.
7. The Project landscaping complies with Chapter 14.17 (Water-Efficient Landscaping) and
Chapter 20.36 (Landscaping Standards) of the NBMC. Additionally, the Project complies
with the City’s Water Efficient Landscape Ordinance (“WELO”) which requires the
installation and maintenance of drought tolerant and noninvasive plant species. The
Project includes common landscaped open space and landscape buffer zones along
street frontages. Additionally, landscaping is integrated throughout the Property,
including around the picnic and firepit areas to enhance the residential experience.
8. Pursuant to Section 20.30.100 (Public View Protection) of the NBMC, projects shall
preserve significant visual resources from public views and corridors including identified
in Figure NR 3 (Coastal Views) of the Natural Resources Element of the General Plan.
The Property is not within the vicinity of any Public Viewpoints, nor any Coastal View
Roads as identified in Figure NR3. The nearest designated public viewpoint is located
over 800 feet to the east at Castaways Park, on the opposite side of the park facing
away from the Project. The nearest designated coastal view road is Coast Highway,
south of Dover Drive, over 1,000 feet south of the Property. Due to the distance,
intervening structures, and urbanized nature of the Project area, the Project is not
anticipated to impact any public views.
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Finding:
C. Not detrimental to the harmonious and orderly growth of the City, nor will it endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health, interest,
safety, or general welfare of a person residing or working in the neighborhood of the
proposed development.
Facts in Support of Finding:
1. The Project has been designed to minimize aesthetic impacts to the surrounding
neighborhood to the greatest extent possible by providing an architecturally pleasing
mid-century modern architectural style design with articulation and high-quality
materials.
2. The Project has been designed to have adequate, efficient, and safe pedestrian and
vehicular access to and from the Property within driveways, parking, and loading areas.
The Project includes the drive aisles that are located within the Property, behind the
proposed buildings. Along the side property line abutting the residential neighborhood
above the slope, there is a greater than required side yard and slope stability setback
that includes landscaping, a retaining wall and tall hedge screen. These design features
significantly buffer any vehicle noise produced. The Project is also designed to
accommodate and provide sufficient access for emergency vehicles and refuse
collection vehicles through the Cliff Drive access point.
3. The Project driveway would remain in generally the same location as the existing
driveway. Because the driveway is near the signalized intersection of Dover and Cliff
Drive, a driveway analysis was prepared by LSA Associates Inc., dated December
11, 2025, to evaluate inbound and outbound traffic at the Project driveway. A level
of service (LOS) analysis and queuing analysis were conducted to determine the
potential driveway operations per the Highway Capacity Manual (“HCM”). A sight
distance analysis was also prepared to assess the adequacy and safety of the
stopping and corner sight distances at the Project driveway based on the California
Department of Transportation (Caltrans) Highway Design Manual (HDM) and the
City of Newport Beach (City) Standard Drawing No. 105 (Intersection Line of Sight
Requirements). Based on the driveway LOS, queuing, and sight distance analysis,
the Project is not anticipated to create any operational or safety issues. The Public
Works Department reviewed and approved the analysis with conditions to ensure
that the driveway does not become a hazard in the future. A Condition of Approval
is included that requires the applicant to construct improvements that would restrict
access to right-in/right-out (RIRO) only access if the City Traffic Engineer determines
that full access (i.e., including left turns) creates an operational or safety issue at the
Project driveway along Cliff Drive. A conceptual RIRO driveway plan was provided
in the approved analysis. The design includes installation of a triangular “porkchop”
island within the driveway to restrict access to RIRO only.
4. The Project exceeds the required 63 on-site parking spaces and provides 76 parking
spaces including a two-car garage for each unit and 10 guest parking spaces. The
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individual unit garage parking and guest parking will mitigate use of street parking on
Cliff Drive and the adjacent neighborhoods behind the Project Site.
5. The Project has been conditioned to require the Applicant to prepare a photometric study
in conjunction with a final lighting plan which shows that lighting values are “1” or less
at all property lines. The Project has also been conditioned to allow the Community
Development Director to order the dimming of light sources or other remediation upon
finding that the illumination creates an unacceptable negative impact on surrounding
land uses or environmental resources.
6. The Project will comply with all Building, Public Works, and Fire Codes, along with all
City ordinances and all conditions of approval which are attached hereto as Exhibit “C”.
Muli-Unit Objective Design Standards Deviation
In accordance with Section 20.48.185(A) (Multi-Unit Objective Design Standards – Purpose)
of the NBMC, the Project is seeking deviation from the following Multi-Unit Objective Design
Standards:
(a) Section 20.48.185(N)(2)(b) (Private Driveway Standards - Landscape and Paving Zone);
(b) 20.48.185(Q)(2)(b) (Vertical Modulation – Floor Heights);
(c) 20.48.185 (Q)(3)(a) (Vertical Modulation – First Floor Heights);
(d) 20.48.185(R)(1)(c) (Horizontal Modulation – Minimum Depth); and
(e) 20.48.185(R)(1)(d) (Horizontal Modulation – Maximum Number) of the NBMC.
The Planning Commission may approve an SDR to allow deviation of multi-unit objective
design standards only after making all the following findings:
Finding:
D. The strict compliance with the standards is not necessary to achieve the purpose and
intent of this section.
Facts in Support of Finding:
1. Section 20.48.185(N)(2)(b) (Private Driveway Standards - Landscape and Paving Zone
(LPZ)) of the NBMC requires that a 4-foot minimum width zone abutting a building is
required to provide a minimum of 20% landscaping with a combination of vines,
ornamental, grasses, shrubs, ground cover, and ornamental trees. The Project provides
a 3-foot, 6-inch wide LPZ at most driveway areas which result from building offsets. The
building offset contributes to enhanced building articulation, resulting in a more visually
appealing facade. Increasing the LPZ zone to meet the 4-foot width requirement would
reduce the size of the building offsets and the open setback area in front of each
building. It could also increase encroachments into front setbacks. The LPZ areas,
however, are designed with more than the required 20% minimum landscaping. The
narrower LPZ design maximizes the amount of landscaped open space in front of each
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building which provides more benefit to future residents than the negligible 6 inches of
LPZ adjacent to garages.
2. Section 20.48.185(Q)(2)(b) (Vertical Modulation – Floor Heights) and (Q)(3)(a)(i)
(Vertical Modulation – First Floor Heights) of the NBMC requires minimum middle or top
floor-to-floor height and minimum first finished floor to second finished floor plate
elevation to be 10 feet. The Project proposes a first-floor height of 9 feet 1 inch, second
floor of 9 feet, 6 inches and a third floor of 9 feet, 1 inch. The slightly reduced floor
heights are still sufficient for residential design and supports an overall lower building
height, which was also a key design goal to maintain neighborhood compatibility with
the existing adjacent single-unit neighborhood. The floor heights still meet the intent of
the section to provide units that are designed with comparable design components with
residential development throughout the City.
3. Section 20.48.185(R)(1)(c) (Horizontal Modulation – Minimum Depth) of the NBMC
requires all building recesses or projections to be a minimum of 2 feet in depth. The
Project proposes a variety of different recesses and projections including first floor
recessed entries, second floor balconies and covered patios, recessed windows and
architectural features. The intent of this requirement is to allow for sufficient depth of
recesses and projections so that building lengths are sufficiently modulated. While some
of the Project’s recesses and projections are less than 2 feet in depth, the Project
provides large second floor recesses, balconies, and patios. The Project provides
additional depth for other recesses and projections features which ensures building
length is less visually obtrusive. The building’s lengths range from 78 feet to 109 feet
and the maximum allowed is 150 feet. The recesses and modulation range from 0 to 30
inches providing ample articulation and meeting the intent of this section.
4. Section 20.48.185(R)(1)(d) (Horizontal Modulation - Maximum Number) of the NBMC
requires a maximum of two recesses or projections per façade. The Project includes
more than two recesses and projections in both of the largest buildings within the
development. The additional recesses and projections allow for sufficient modulation to
each unit. The intent of this requirement is to avoid lengthy and plain building faces.
Limiting the design to only two recesses or projections would result in less modulation,
less visual interest, and a building less reminiscent of townhomes. The Project is
furthering the intent of this requirement by sufficiently modulating the buildings, which
results in a less visually obtrusive building length.
Finding:
E. The project possesses compensating design and development features that offset
impacts associated with the modification or waiver of standards.
Facts in Support of Finding:
1. All facts in support of Finding D are hereby incorporated by reference.
2. Facts 3 and 9 in support of Finding A are hereby incorporated by reference.
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3. The Project provides entry courtyards for all street facing buildings (4 out of 7). The
courtyards provide visually pleasing entrances with residential neighborhood character
with added openness. Additionally, the common area open space exceeds the minimum
required by 23%, the publicly accessible open space provides 3.5% of the net site area
where only 3% is required, and the Project provides two common recreation amenities
where only one is required.
Variance
In accordance with Section 20.52.090(F) (Variances – Findings and Decisions) of the NBMC,
the following findings and facts in support of such findings are set forth:
F. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an identical
zoning classification
Facts in Support of Finding:
1. The Property is irregular in shape, with two property lines abutting public streets and
one property line abutting an existing single-unit residential neighborhood. The corner
of the Property is adjacent to the intersection of Dover Drive and Cliff Drive and requires
compliance with site distance safety regulations. Additionally, there is a steep slope at
the side of the property abutting the existing residential properties. The Project is
required to maintain a horizontal distance of 15 feet from the toe of slope to the building.
Other properties in the vicinity do not have significant topographical features that restrict
development. These conditions greatly reduce the buildable area for the development
of the site.
2. Other properties along Dover Drive, including corner lots, are larger in size with four-
sided regular shapes and mostly flat topography. Side property lines that do not abut
streets or a significant slope do not require a setback, where side property lines abutting
streets require a 10-foot setback and depending on the slope, require a minimum 15
feet to 20 feet. Other properties in the area abut a single street and are not adjacent to
slopes, resulting in smaller setbacks and larger buildable areas.
G. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification;
Facts in Support of Finding:
1. The HO-3 subarea requires 10-foot setbacks along the street frontages, a 20-foot rear
yard setback, and a zero-side yard setback. Additionally, portions of structures
exceeding 20 feet in height require an additional 20-foot setback along the street
frontages. The Project exceeds the minimum rear yard setback. The Project also meets
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the safety regulations pertaining to the site distance for the corner at Dover Drive and
Cliff Drive and the existing slope setback requirements along the side property line
abutting the residential neighborhood. The strict application of the setbacks
unreasonably restricts the ability to develop a housing project pursuant to the HO-3
subarea.
2. Four of the seven multi-unit residential buildings are located along the street frontages
and include encroachments into the setbacks. The encroachments are jogging in and
out of the setbacks which provide architectural relief and less impact to the adjacent
public rights-of-ways. The proposed encroachments are minor in nature and unique to
the subject property as compared to surrounding properties within a similar zoning
district.
3. The Dover Drive Frontage (Buildings 5,6,7) encroachments include the following: (first
floor) A structural component that encroaches a maximum 3 feet into the 10-foot street-
setback to support balconies on the second floor (no floor area encroachment); (second
floor) balconies that encroach a maximum of 3 feet into the 10-foot-street-setback, and
powder rooms that encroach a maximum of 1-foot, 4-inches into the 10-foot-street
setback. All third floors are subject to a 20-foot street setback because they exceed 20
feet in height from the established grade. All third floors within these buildings include a
proposed encroachment of a primary bedroom. The bedrooms encroach approximately
10-feet, 3-inches to 13-feet, 4-inches, and provide a minimum 6-foot, 8-inches setback.
The greatest encroachment of 13-feet, 4-inches occurs in the narrowest portion of the
lot along Dover Drive in Building 5.
4. The Cliff Drive Frontage (Building 1) encroachments include the following: (first floor) A
structural component that encroaches a maximum 4 inches into the 10-foot street-
setback to support balconies on the second floor (no floor area encroachment); (second
floor) balconies and powder rooms that encroach a maximum 4 inches into the 10-foot
street-setback. All third floors are subject to a 20-foot-street-setback because they
exceed 20 feet in height from the established grade. All third floors within this building
include a proposed encroachment of a primary bedroom. The bedrooms encroach a
maximum 10 feet, 2 inches, and provide a minimum 9-feet, 10-inches setback.
5. The HO-3 Subarea requires a minimum density of 20 units per acre, or 33 units minimum
for the Property. The street setbacks require a minimum of 20 feet from the right of way
for portions of buildings exceeding 20 feet in height. To fit the minimum number of units,
one design solution is to increase the height of the structures to 65 feet, as allowed per
the HO-3 development standards. However, the property abuts a single-unit residential
neighborhood with 29-foot height limits. The Project is designed with a maximum height
of approximately 38 feet to promote a seamless transition and improve compatibility
between an established low density single-unit neighborhood and a medium density
townhome development. Increasing the height would also result in more impactful visual
mass from the Dover Drive and Cliff Drive public rights-of-ways.
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6. Typical lots within the area with similar zoning and the HO-3 Overlay, have four sides
and rectangular lot shapes which provide a larger buildable area to fit the minimum 20
dwelling units per acre required by the Overlay.
7. The Project provides the required common open space and publicly accessible open
space that is required for these types of housing projects. Additionally, the Project
complies with all other development standards such as parking, circulation, and safety
regulations.
H. Granting of the variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant;
Facts in Support of Finding:
1. The existing medical offices on the Property are considered underutilized with small,
one-story structures, that were common in the past but are now outdated. The Project
provides additional housing opportunities for the surrounding area maintaining the
character of the residential neighborhoods by not maximizing the height, square footage,
or number of units. To achieve this, a variance is required to encroach into the front
setbacks along the street frontages.
2. Facts 1 and 2 in support of Finding F are hereby incorporated by reference.
3. Fact 1, 3 and 4 in support of Finding G are hereby incorporated by reference.
I. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district;
Facts in Support of Finding:
1. The granting of the VA provides opportunity to provide additional housing units as
allowed pursuant to HO-3. The surrounding neighborhood consists of single-unit
residential properties, general offices, and commercial properties. The encroachments
allow the Project to utilize the buildable area that is constrained by an irregular shape
(three sides) including two street frontages and a significant slope.
2. The Project is well under the maximum height limit, provides a larger rear setback area
with a publicly accessible plaza, and meets all requirements for open space. The number
of units and height of the Project is well under the maximum allowed by the HO-3
overlay, ensuring the Project is more consistent with the existing developments in the
surrounding area.
J. Granting of the variance will not be detrimental to the harmonious and orderly growth of
the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood;
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Facts in Support of Finding:
1. The Public Works Department has reviewed the Project for compliance with site
distance regulations and circulation and safety. The Project meets sight distance
requirements with an additional step back at the corner of Dover Drive and Cliff Drive
and Project driveway. Conditions of approval are included to mitigate any potential
operational safety concerns.
2. The Project provides the minimum 26-foot drive aisle widths for circulation, traffic, and
fire safety regulations.
3. The Project design was reviewed and approved by the Building Division and the Fire
Department. Conditions of approval are included to ensure compliance with all Building
and Fire Code regulations including safety requirements.
4. The Project provides the minimum horizontal distance of 15 feet from the toe of the
existing ascending slope, which is at the side of the Project site, abutting the existing
single-unit residential neighborhood. This ensures slope stability and safety for the
Project and the adjacent residential properties.
5. The property line along Cliff Drive is 12 feet, 6 inches behind the curb and the property
line along Dover Drive is 11 feet behind the curb. Setbacks are typically measured from
the property line. Although the proposed setbacks would be reduced, the actual distance
from the face of curb to the buildings ranges from 18 feet to over 20 feet, preserving the
intended visual openness, pedestrian comfort, and neighborhood character. The
proposed design maintains compliance with all height, landscaping, and building code
requirements.
K. Granting of the variance will not be in conflict with the intent and purpose of this section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
1. The intent of increased setbacks along street frontages is to provide adequate distance
from curbs and sidewalks to improve scale and allow for landscaping. Setbacks are
measured from the property line, which are typically located at back of sidewalk or curb.
In this case, the property line along Cliff Drive is 12 feet 6 inches behind the curb and
the property line along Dover Drive is 11 feet behind the curb. Therefore, the actual
distance from the face of curb to the buildings ranges from 18 feet to over 20 feet,
preserving the intended visual openness, pedestrian comfort, and neighborhood
character.
2. The design of the buildings on the street frontages include modulation, patios, and
balconies. The frontages provide entrances to the residential units and there are no long
unarticulated walls, significant mass, or bulk encroaching into the setbacks. The ground
floors provide entry courtyards, stoops and design features found within front yard areas
throughout the residential neighborhoods City-wide.
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3. The encroachments are minor in nature compared to compliance with all of the following:
the sight distance on the corner of Dover Drive and Cliff Drive; the slope stability setback
adjacent the neighboring residential properties, on-site circulation providing the
minimum drive aisle widths for traffic and fire regulations, providing the minimum design
requirements of open space, landscaping, and preserving the minimum density and
height limit for the surrounding neighborhood.
4. Fact 4 in support of Finding J is hereby incorporated by reference.
5. The Property is not located within a specific plan area or the Coastal Zone.
Vesting Tentative Tract Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
NBMC, the following findings, and facts in support of such findings are set forth:
Finding:
L. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Vesting Tentative Tract Map (VTTM) is for 33-unit residential condominiums.
2. Facts 1, 2, and 4 in support of Finding B are hereby incorporated by reference.
3. The Public Works Department has reviewed the proposed VTTM and found it consistent
with Title 19 (Subdivisions) of the NBMC and applicable requirements of the Subdivision
Map Act.
4. The Applicant will provide an in-lieu park dedication fee pursuant to Chapter 19.52 (Park
Dedication and Fees), as required for park and recreational purposes in conjunction with
the approval of this VTTM. The existing parcel is a commercial office development;
therefore, the in-lieu park fee will be required for 33 new dwelling units.
5. A preliminary application for residential development, filed as PA2025-0066, was
deemed submitted on March 21, 2025 for this Project. The preliminary application
prevents the Project from being subject to any City ordinances, policies, and standards
adopted after the date of submission, except as specified in Government Code Section
65589.5(o). Therefore, the Project will be subject to the in-lieu park fee in the amount of
$38,400 per unit which was the fee in effect at the time the preliminary application was
deemed submitted.
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Finding:
M. The site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The proposed 1.61-acre Property is irregular in shape, slopes towards the northwest,
and is not within a zone subject to seismically induced liquefaction potential. The
Property is adequately sized to accommodate the proposed density in compliance with
all applicable requirements of the HO-3 subarea.
2. The site is suitable for the type and density of the development in that the infrastructure
serving the site has been designed to accommodate the Property. A sewer and water
demand study were prepared by C&V Consulting, Inc. dated July 2025. The study
concluded that the proposed onsite water system is adequately designed to provide
domestic water service and fire flow for the proposed onsite fire hydrants and building’s
domestic demand. Due to domestic water pressures, the developer will install a publicly
owned and operated pressure reducing station to be constructed to city standards. The
Project does not result in more than 500 dwelling units; therefore, a Water Supply
Assessment (“WSA”) is not required for Project. The study also concluded that the
proposed sewer system will be sufficient to serve the Project. The Project does not result
in more than 500 dwelling units; therefore, a WSA is not required for Project.
3. The Project has been reviewed by the Building, Fire, and Public Works Department and
must comply with all Building, Fire, and Public Works Codes and City ordinances.
Finding:
N. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report
Facts in Support of Finding:
1. As detailed in the CEQA determination in Section 2 of this resolution, pursuant to Section
21080.66 (enacted through Assembly Bill 130) the site qualifies for the statutory exemption
as the Property is not designated as wetlands, is not identified for conservation in an
adopted natural resource protection plan, is developed and does not contain habitat for
protected species and is not subject to a conservation easement. Therefore, as detailed in
Section 2 of the resolution, no substantial environmental damage is anticipated as part of
the Project.
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Finding:
O. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. The proposed VTTM is for a 33-unit condominium complex. All improvements
associated with the Project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per Section 19.28.010 (General Improvement
Requirements) of the NBMC and Section 66411 (Local agencies to regulate and control
design of subdivisions) of the Subdivision Map Act. The Project will conform to all City
ordinances and Conditions of Approval.
2. No evidence is known to exist that would indicate that the proposed subdivision will
generate any serious health problems.
Finding:
P. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by the judgment of a court of competent jurisdiction and no authority is hereby granted
to the City Council to determine that the public at large has acquired easements for
access through or use of property within a subdivision.
Fact in Support of Finding:
1. The Public Works Department has reviewed the proposed VTTM and determined that
the design of the development will not conflict with easements acquired by the public at
large, for access through, or use of the Property within the proposed development. As
conditioned, an emergency access easement will be recorded over the drive aisles and a
blanket easement throughout the property will be provided for water meters.
Finding:
Q. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
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Fact in Support of Finding:
1. The Property is not subject to the Williamson Act. The Property is not designated as an
agricultural preserve and is less than 100 acres in area.
2. The Property is within the HO-3 Subarea which is intended for development of a multi-
story residential project. The intended use is not for residential development that is
incidental to a commercial agricultural use.
Finding:
R. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project, and (2) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Property is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the project site does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
Finding:
S. That, solar access, and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding:
1. The VTTM includes attached dwelling units with open space, private driveways, and
walkways which separate the individual buildings.
2. The Project and any future improvements are subject to Title 24 of the California Building
Code, which requires new construction to meet minimum heating and cooling efficiency
standards depending on location and climate. The City’s Building Division enforces Title
24 compliance through the plan check and inspection process.
Finding:
T. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
regional housing needs and that it balances the housing needs of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources.
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Fact in Support of Finding:
1. The proposed 33 dwelling unit project yields a density of 20.5 dwelling units per acre,
consistent with the HO-3 subarea. The Project is consistent with Section 66412.3 of the
Subdivision Map Act and Section 65584 of the California Government Code as the
Project results in a net increase in 33, for-sale, residential dwelling units which
contributes to the City’s assigned 6th Cycle RHNA. By developing underutilized office
site with medium-density ownership housing, the Project helps meet the City’s housing
goals while utilizing existing infrastructure and public services.
Finding:
U. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
1. Wastewater discharge from the Project into the existing sewer system has been
designed to comply with the Regional Water Quality Control Board (“RWQCB”)
requirements.
2. A Water Quality Management Plan (WQMP) has been prepared for the Project.
3. Fact 2 in support of Finding M is hereby incorporated by reference.
Finding:
V. For subdivisions lying partly or wholly within the Coastal Zone, the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter 3 of the Coastal Act.
Fact in Support of Finding:
1. The Property is not located in the Coastal Zone; therefore, compliance with the Local
Coastal Program (LCP) and the Coastal Act is not applicable.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
statutorily exempt from the California Environmental Quality Act under Public Resources
Code Section 21080.66 (Assembly Bill 130) because it meets the eligibility criteria and
has no potential to have a significant effect on the environment.
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2. The Planning Commission of the City of Newport Beach hereby approves Major Site
Development Review, Variance, and Vesting Tentative Tract Map filed as PA2025-0135
subject to the conditions outlined in Exhibit “C”, which is attached hereto and incorporated
by reference.
3. This action on the Major Site Development Review and Variance shall become final and
effective 14 days following the date of this Resolution was adopted unless within such
time an appeal is filed with the City Clerk in accordance with the provisions of Title 20
(Planning and Zoning) of the NBMC.
4. This action on the Vesting Tentative Tract Map shall become final and effective 10 days
following the date this Resolution was adopted unless within such time an appeal is filed
with the City Council in accordance with the provision of Title 19 (Subdivisions) of the
NBMC.
PASSED, APPROVED, AND ADOPTED THIS 5th DAY OF FEBRUARY 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Tristan Harris, Chair
BY:_________________________
Jonathan Langford, Secretary
Exhibits:
Exhibit A – Legal Description
Exhibit B- ODS Checklist
Exhibit C- Conditions of Approval
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EXHIBIT “A”
LEGAL DESCRIPTION:
LD PARCEL 1: LOT 147 OF TRACT NO. 1218, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 37, PAGES 47, 48 AND
49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
APN: 049-271-30
LD PARCEL 2: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
A PORTION OF 17TH STREET (NOW KNOWN AS DOVER DRIVE) ADJOINING LOT 147, IN
TRACT NO. 1218, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 37, PAGES 47, 48
AND 49 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 147; THENCE SOUTH 79° 29' 26"
EAST 15.56 FEET TO A POINT IN A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS
OF 850.00 FEET, SAID POINT BEING NORTH 79° 29' 26" WEST, 50.00 FEET FROM THE
WESTERLY LINE OF THAT CERTAIN 50.00 FOOT STRIP OF LAND, AS DESCRIBED IN DEED
TO THE CITY OF NEWPORT BEACH, RECORDED NOVEMBER 7, 1961 IN BOOK 5905, PAGE 276
OF OFFICIAL RECORDS OF SAID COUNTY, A RADIAL LINE FROM SAID POINT BEARS SOUTH
79° 29' 26" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 22°
31' 10", A DISTANCE OF 334.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 30.00 FEET, SAID BEGINNING OF TANGENT
CURVE BEING SOUTH 77° 59' 24" WEST, 50.00 FEET FROM SAID WESTERLY LINE OF 50.00
FOOT STRIP; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH
AN ANGLE OF 97° 13' 06", A DISTANCE OF 50.90 FEET TO A LINE TANGENT, SAID LINE
TANGENT BEING THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT
147; THENCE SOUTH 85° 12' 30" WEST ALONG SAID LINE TANGENT, A DISTANCE OF 9.82
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 30.00 FEET, SAID BEGINNING OF TANGENT CURVE BEING IN THE
SOUTHERLY LINE OF SAID LOT 147; THENCE NORTHEASTERLY AND NORTHERLY ALONG
SAID CURVE AND ALONG THE EASTERLY LINE OF SAID LOT 147 THROUGH AN ANGLE OF
101° 53' 35", A DISTANCE OF 53.35 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE EASTERLY, AND HAVING A RADIUS OF 640.00 FEET; THENCE NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVE, AND ALONG THE EASTERLY LINE OF SAID LOT
147 THROUGH AN ANGLE OF 30° 11' 15", A DISTANCE OF 337.20 FEET TO THE POINT OF
BEGINNING.
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EXHIBIT “B”
OBJECTIVE DESIGN STANDARDS CHECKLIST
File available via link:
ODS Final.pdf
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EXHIBIT “C”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project shall be in substantial conformance with the approved site plan, floor plans,
landscape plan, and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval). Minor changes to the approved
development may be approved by the Community Development Director, pursuant to
Newport Beach Municipal Code Section 20.54.070 (Changes to an Approved Project).
By way of example, a change to the number of stories of a unit, floor plan redesign, and
change to square footage ranges would be considered minor changes provided the
project was within the allowed height limit, and in compliance with the Objective Design
Standards and density range under the Housing Opportunity (HO) Overlay Zoning
District.
2. Any substantial modification to the approved Site Development Review/Variance
plans, as determined by the Community Development Director, shall require an
amendment to this Site Development Review/Variance application or the processing
of a new application.
3. The Project is subject to compliance with all applicable submittals approved by the City
of Newport Beach (“City”) and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval
4. The Applicant shall comply with all federal, state, and local laws. A material violation
of any of those laws in connection with the use may be caused the revocation of this
approval.
5. This Major Site Development Review and Variance shall expire and become void unless
exercised within seven years from the date of approval of Resolution No. PC2026-003
to coincide with the expiration of Vesting Tentative Tract Map No. 19427 as provided in
Condition No. 16.
6. A copy of the Resolution, including conditions of approval Exhibit “B” shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
7. The proposed residential development shall consist of 33 townhome, condominium units.
The number of condominium units may be reduced by the Applicant provided the total
number of units meets the 20 to 50 dwelling units per acre density requirement under the
HO Overlay Zoning District.
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8. The maximum height of the residential structures shall be 38 feet as measured from the
established grade. No building or any portion of structure, architectural feature or
mechanical equipment shall exceed 38 feet.
9. The on-site residential amenities such as the outdoor picnic area and fire/barbeque;
and the publicly accessible plaza area as illustrated on the approved plans shall be
provided and maintained for the duration of the Project. The exact mix of amenities
may be modified from the original approved plans subject to the approval by the
Community Development Director. The Project shall maintain at least 75 square feet
of common open space per dwelling unit on the Property as required by the HO-3
subarea. The Project shall also maintain the 2,312 square-foot publicly accessible
plaza as labeled on the approved plans. The square footage of on-site resident-serving
amenities shall not be reduced so that the development no longer provides 75 square
feet of common open space per dwelling unit.
10. The residential structure shall be attenuated to provide an interior noise level of 45 dBA
CNEL or less pursuant to Section 10.26.030 (Interior Noise Standards) of the NBMC.
Use of walls, berms, interior noise insulation, double paned windows, advance insulation
systems, or other noise mitigation measures, as deemed appropriate by the City shall be
incorporated in the design of the new residential structure to provide adequate noise
attenuation.
11. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees
for the Project.
12. Prior to the issuance of a building permit, the Applicant shall pay applicable property
development tax as required pursuant to NBMC Chapter 3.12 (Property Development
Tax) for the Project.
13. A preliminary application for residential development, filed as PA2025-0066, was
deemed submitted on March 21, 2025 for this Project. The preliminary application
prevents the Project from being subject to any City ordinances, policies, and standards
adopted after the date of submission, except as specified in Government Code Section
65589.5(o). The Applicant shall provide an in-lieu park dedication fee pursuant to
Chapter 19.52 (Park Dedication and Fees), as required for park and recreational
purposes in conjunction with the approval of this VTTM. Therefore, the Project will be
subject to an in-lieu park fee of $38,400 per unit which is the fee that was in effect at
the time the preliminary application was deemed submitted.
14. Prior to the issuance of any certificate of occupancy, the developer shall pay all
applicable Development Impact Fees (DIFs) in accordance with the adopted fee
schedule.
15. Vesting Tentative Tract Map No. 19427 shall expire seven years from the date of
approval of Resolution No. PC2026-003. Pursuant to Section 19.16.010(A) (Expiration
of Tentative Maps (California Government Code Sections 66452.6, 66463.5)) of the
NBMC, an approved tentative tract map expires 24 months after the date of its
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approval or conditional approval. Under Section 19.16.020(A) (Extension of Tentative
Maps (California Government Code Sections 66452.6, 66463.5)) of the NBMC, the
subdivider shall have the right to request an extension of the map for up to five years.
16. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought-tolerant planting and water-efficient irrigation practices, and the
plans shall be approved by the Planning Division.
17. The Project shall include landscaping around the perimeter of the Property to
adequately screen drive aisles, parking areas, and create a visual buffer between the
public right-of-way and the Project. These plans shall be approved by the Planning
Division.
18. The covenants, conditions and restrictions (CC&Rs) shall require that garages be used
for vehicles and shall prohibit storage of personal items that would otherwise impede
parking of vehicles within the required garage spaces. The CC&Rs shall prohibit
residents from parking in guest parking spaces within the development.
19. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part
of regular maintenance.
20. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, in the
opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
21. Prior to the issuance of a building permit, the Applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are “1” or less at all property lines.
22. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule
an evening inspection by the Code Enforcement Division to confirm control of light and
glare specified in conditions of approval.
23. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise
Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise
control requirements of the NBMC.
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24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday,
and 8 a.m. and 6 p.m. on Saturday.
25. Prior to the issuance of a building permit, the Applicant shall submit a construction
management plan to be reviewed and approved by the Community Development, Fire
and Public Works Departments. Upon approval of the plan, the Applicant shall be
responsible for implementing and complying with the stipulations set forth in the
approved plan.
26. The exterior of the development shall be always maintained free of litter and graffiti. The
owner or operator shall provide for daily removal of trash, litter debris, and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
27. All trash bins shall be stored within each residential unit and screened from the view
of neighboring properties, except when placed for pick-up by refuse collection
agencies. The Applicant shall ensure that the trash receptacles are maintained to
control odors. The Applicant shall ensure that the trash bins are maintained to control
odors. This may include the provision of periodic steam cleaning of the trash bin, if
deemed necessary by the Planning Division. Cleaning and maintenance of trash bins
shall be done in compliance with the provisions of Title 14, including all future
amendments (including Water Quality related requirements).
28. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
29. A qualified monitor, one from each consulting tribe (the Juaneño Band of Mission
Indians, Acjachemen Nation- Belardes and the Gabrieleno Band of Mission Indians -
Kizh Nation), shall be retained and compensated as Native American Monitors for the
project site prior to the commencement of any ground-disturbing activity to the
completion of ground disturbing activities to monitor grading and excavation activities.
30. The monitors, one from each consulting tribe, shall be retained prior to the
commencement of any “ground-disturbing activity” for the subject project at all project
locations (i.e., both on-site and any off-site locations that are included in the project
description/definition and/or required in connection with the project, including as public
improvement work undertaken by the applicant). “Ground-disturbing activity” shall
include, but is not limited to, any demolition that includes subterranean impacts,
potholing, auguring, boring, grading, excavation, drilling, and trenching.
31. A copy of the executed monitoring agreements shall be submitted to the City prior to
the commencement of any ground-disturbing activity, or the issuance of any permit
necessary to commence a ground-disturbing activity.
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32. Both monitors shall complete daily monitoring logs that will provide descriptions of the
relevant ground-disturbing activities, the type of construction activities performed,
locations of ground-disturbing activities, soil types, cultural-related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor
logs will identify and describe any discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains, places of significance, etc.,
(collectively, tribal cultural resources, or “TCR”), as well as any discovered Native
American (ancestral) human remains and burial goods. Copies of monitor logs shall
be shared between the two monitors and provided to the project applicant/lead agency
upon written request to the monitors.
33. On-site tribal monitoring shall conclude upon the latter of the following (1) written
confirmation to the consulting tribes from a designated point of contact for the project
applicant/lead agency that all ground-disturbing activities and phases that may involve
ground-disturbing activities on the project site or in connection with the project are
complete; or (2) a determination and written notification by the consulting tribes to the
project applicant/lead agency that no future, planned construction activity and/or
development/construction phase at the project site possesses the potential to impact
TCRs of the consulting tribes.
34. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until
the discovered TCR has been fully assessed by the monitor and/or archaeologist. The
monitors will recover and retain all discovered TCRs in the form and/or manner the
tribes deem appropriate, in the tribes’ sole discretion in coordination with the applicant,
and for any purpose the tribes deem appropriate, including for educational, cultural
and/or historic purposes.
35. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation
or cremation, and in any state of decomposition or skeletal completeness. Funerary
objects, called associated grave goods in Public Resources Code Section 5097.98,
are also to be treated according to this statute.
36. If Native American human remains and/or grave goods are discovered or recognized
on the project site, then California PRC 5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
37. Human remains and grave/burial goods shall be treated alike per California PRC
Section 5097.98(d)(1) and (2).
38. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
39. Any discovery of human remains/burial goods shall be kept confidential to prevent
further disturbance.
40. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by either the
current property owner or leasing agent.
41. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs)
of every kind and nature whatsoever which may arise from or in any manner relate
(directly or indirectly) to City’s approval of Dover Residences Townhomes including,
but not limited to, Major Site Development Review, Variance, and Vesting Tentative
Tract Map (PA2025-0135). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorney’s fees, and other
expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
the such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Building Division
42. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required before the issuance of a building permit.
43. Townhouses that do not meet the definition below shall be reviewed under the
California Building Code and shall be equipped with NFPA 13R. “A single-family dwelling
unit in a townhouse that extends from foundation to roof and that has a yard or public
way on not less than two sides.”
44. The applicant shall employ the following best available control measures (“BACMs”)
to reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
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• Require 90-day low-NOx tune-ups for off-road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the top 6-
inch surface layer, subject to review/discretion of the geotechnical engineer.
45. Buildings with three or more dwelling units shall comply with Chapter 11A of California
Building Code. Accessible path of travel from parking and public right of
way is required. Locate accessible parking such that disabled persons do not have to
travel behind a parking/car.
46. A separate circulation path to vehicular ways shall be provided with a curb or
detectable warning/truncated dome (1116A.5 of California Building Code).
47. Exterior wall and opening protection between buildings/imaginary property line and to
property line shall comply to Table R302.1(1) and (2) (California Residential code) and
Chapter 705 (California Building Code). Applicant shall provide exhibit showing how
exterior walls of building comply.
48. Electric Vehicle charging for new construction shall comply with Section 4.106.4 of
California Green Code.
49. One-hour fire and 50 sound transmittal classification (stc) sound rating
is required between dwelling units.
50. Living areas with one exit shall comply with Table 1006.2.1, Table 1006.3.4(1), and
Table 1006.3.4(2) of the California Building Code.
51. The Slope setback to a building shall comply with Section 1808.7.1 of the California
Building Code. Plans shall indicate how each building next to a slope complies on the
section and dimension the setback.
52. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
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will provide the city with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project’s impact on
water quality.
53. Before the issuance of a grading permit, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement Division.
The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements occur.
54. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored, or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of waste or spills, limited use
of harmful fertilizers or pesticides, and the diversion of stormwater away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non-structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long-term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works Department
55. A Tract Map shall be recorded. The map shall be prepared on the California coordinate
system (NAD 83). Prior to recordation of the Map, the surveyor/engineer preparing the
Map shall submit to the County Surveyor and the City of Newport Beach a digital-
graphic file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article
18. The Map to be submitted to the City of Newport Beach shall comply with the City’s
CADD standards. Scanned images will not be accepted.
56. Prior to the recordation of the Tract Map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established by
the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 pf the
Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article
18. Monuments (one-inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
57. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained
and approved by the City Council consistent with the Section 19.36.010 (Improvement
Agreements (California Government Code Section 66462)) of the NBMC.
58. Prior to Final Map approval, the Applicant shall provide a Faithful Performance Bond
and Labor and Materials Bond, each for 100% of the estimated improvement costs for
the improvements in the public right-of-way, as prepared by a Registered Civil
Engineer and approved by the Public Works Director, for each of the following, but not
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limited to, public and private improvements, street improvements, monumentation,
sidewalks, striping, signage, street lights, sewer systems, water systems, storm drain
systems, water quality management systems, erosion control, landscaping and
irrigation within the public right-of-way, common open spaces areas accessible by the
public, fire access and off-site improvements required as part of the project.
59. Warranty Bond for a minimum of 10% of the engineers cost estimate (final percentage
to be determined by the Public Works Director) shall be released one year after the
improvements have been accepted.
60. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
61. An encroachment permit shall be required for all work activities within the public right-
of-way.
62. Prior to the issuance of a building permit, the final construction management plan
(CMP) shall be reviewed and approved by the Community Development Director and
the City Traffic Engineer.
63. Parking layout shall comply with the City Parking Lot Standard 805. Dead-end drive
aisle in public areas shall provide a dedicated turn around area. Final design of the
turnaround areas shall be reviewed and approved by the City Traffic Engineer.
64. The applicant shall reconstruct all damaged or broken curb, gutter and sidewalk along
the Dover Drive and Cliff Drive frontages per City Standards.
65. The proposed new driveway along the Cliff Drive frontage shall be reconstructed per
City standard.
66. All deliveries and move-ins/move-outs shall be accommodated on-site and prohibited
from parking or stopping within the public right-of-way.
67. The on-site water meters shall be owned by the City of Newport Beach. The Applicant
shall provide an easement over the private streets to the City of Newport Beach for
the purposes of access and maintenance of the City owned water meters. Final layout
of the easement shall be reviewed and approved by the Public Works and Utilities
Departments.
68. The on-site sewer and water system shall be privately owned and maintained. Final
design of the water and sewer system, including water meter locations, is subject to
further review by the Public Works and Utilities Departments during plan check.
69. Existing power poles along the project frontage of Dover Drive shall be
undergrounded.
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70. The project storm drain system shall be privately owned and maintained. Final
hydrology and hydraulic report shall be reviewed and approved prior to building permit
issuance. Any required improvements to downstream City infrastructure to
accommodate the proposed project shall be designed and constructed by the
proposed project. Final design of the storm drain improvements within the public right
of way shall be reviewed and approved by the Public Works Department.
71. The proposed driveway is planned to be a full access driveway similar to the existing
driveway that serves the existing medical office use. If the City Traffic Engineer
determines that issues or problems arise due to the full access nature of the driveway,
the project shall implement the right turn in-right turn out driveway improvements as
identified in the “601 Dover Drive Residential Project – Driveway Analysis” prepared
by LSA and dated December 11, 2025. The improvements shall be fully funded and
constructed by the development.
Fire Department
72. An automatic sprinkler system shall be installed in accordance with Section 903.3 and
shall be provided throughout all buildings with a Group R fire area. Fire sprinkler
monitoring systems shall be required for all R-2 occupancies.
73. All Fire Department access roads shall comply with Newport Beach Fire Guidelines
C.01 and C.02. Any fire department access roads that exceed 150 feet will require an
approved turn around for fire apparatus.
74. An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to premises. Fire-flow requirements for buildings or portions of
buildings and facilities shall be determined by Appendix B of the California Fire Code.
75. Onsite fire hydrants shall be spaced along fire department access roads in compliance
with the California Fire Code Appendix C.
76. Residential fire sprinklers complying with the 2022 NFPA Standard 13R shall be
required.
77. Waterflow monitoring systems complying with the 2022 NFPA Standard 72 shall be
required.
78. Fire master plan complying with the Newport Beach Fire Department (NBFD)
Guideline D.08 shall be required as a deferred submittal.
Utilities
79. City-owned meters shall be maintained for all connections to the townhomes and any
other uses off of the private domestic line. These meters shall be accessible to City
staff 24/7. The meters shall be placed in the Private Drive or sidewalks and not in the
garages.
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80. Although the systems will be private systems, all water, wastewater and storm drain
systems shall be installed in accordance with City standards.
81. The existing 18-inch storm drain that is tied into the catch basin shall be properly
abandoned before connection to the new 18-inch line. The line shall be private until
the connection into the catch basin.
82. The Special City Tree on Cliff Drive frontage needs to be protected in place. Two City
trees shall be added on Dover Drive approved by the City Municipal Operations
Department.
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Attachment No. PC 2
Applicant's Project Description
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Existing Property Description
The Subject Property consists of Parcel No. 049-271-30, which totals approximately 1.61 acres of land
developed with two buildings under a shared roof constructed in 1961. Remaining areas of the Subject Property
consist of asphalt-paved parking areas and landscaped areas. The Subject Property is occupied by medical and
dental tenants and a Pilates studio. The site is bounded by Dover Drive to the east, Cliff Drive to the south,
single-family homes to the north, and single-family homes to the west.
.
Existing Land Use and Zoning Designations
General Plan General Commercial Office (CO-G)
Zoning Office-General (OG)
*The subject site is part of the Housing Overlay District created through the City’s Housing Element
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Proposed Project
The proposed project includes the demolition of all existing commercial structures and surface parking areas to
facilitate the development of a 33-unit, for-sale, market-rate residential townhome community. The project
consists of seven, three-story residential buildings organized around a private internal circulation system with
integrated open space and community amenities.
The project implements the Housing Overlay designation by meeting the minimum required density of 20
dwelling units per acre. Although the site was identified to have a maximum density of up to 81 units under the
Housing Element, the proposed development intentionally provides a lower-density residential product that is
more easily integrated into the surrounding neighborhood context.
Housing
Townhomes – 33 townhomes are proposed (3-story)
Townhomes:
Floor Plan Square Footage Bedroom/Bedroom Number of Units
Plan 1 1,355 SF 2BD / 3 BA 11
Plan 2 1,940 SF 3BD / 4 BA 11
Plan 3 2,247 SF 4BD / 4 BA 11
Each unit will provide a two-car garage, private balcony on the second level, open-concept living, and ground-
level flex or bedroom spaces.
Site Planning
The subject parcel is predominantly flat, with surface drainage directed south toward Cliff Drive. The proposed
grading plan will maintain the existing drainage patterns by incorporating a series of high and low points to
create sump conditions, effectively channeling stormwater to catch basins or an alternative capture system.
The collected stormwater will ultimately discharge into the existing catch basin at the project frontage along Cliff
Drive.
Utility connections are planned within Cliff Drive, where the project will tie into the existing 36” transmission
water main and step down to provide adequate pressures to the community. Each home is expected to have an
individual water meter with private service connections. Sewer service will also connect to the existing vitrified
clay pipe (VCP) main in Cliff Drive.
The site plan preserves the existing access point from Cliff Drive, leading to a 26-foot-wide private interior
roadway banded with pavers. Off this main entry drive, two 26-foot, garage-loaded paver alleyways terminate in
dead ends, providing turnaround space. Given that the rear elevations of the buildings will face the interior of the
site, special attention has been given to enhancing the visual appeal by having banded paver alleys and
softening hardscape elements through strategic landscaping. Landscape pockets on either side of the garages
will provide aesthetic interest and contribute to an inviting environment. Additionally, dedicated open space
areas within the community will be designed for resident use.
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To activate the street frontage along Cliff Drive and Dover Drive, buildings are oriented forward, enhancing the
streetscape presence. A new sidewalk on the east side of the entry along Cliff Drive and enhanced frontage
improvements along Dover Drive will promote pedestrian connectivity. Along Dover Drive, a meandering
walkway complemented by landscaping will lead to an outdoor lounge area accessible from both the public
right-of-way and the interior of the community.
As part of the Housing Overlay District established through the City’s Housing Element, the project will meet the
minimum required density of 33 units, distributed across seven, 3-story buildings. Each unit will include private
open space via a second-floor balcony and possess an enclosed two-car garage. Guest parking requirements
(30%) are satisfied through ten strategically placed surface parking stalls throughout the site. ADA requirements
are met by providing one (1) ADA parking and loading zone within the community.
The site carefully balances respect to setbacks while assessing developable space to ensure thoughtful site
design. The western property line requires a zero setback; however, the project provides a minimum of 15 feet
along the boundary. The rear setback requirement is 20 feet; a minimum of 25 feet is provided. Both Dover Drive
and Cliff Drive require a 20-foot setback from the property boundary. To achieve the necessary density and
parking requirements, a variance is requested along both Dover and Cliff Drive.
The architectural design of the project inspired by mid-century modern design principles, drawing direct
inspiration from both the existing on-site commercial buildings and the nearby Nature Center located to the
north along Dover Drive, which features a distinctive butterfly roof form. These influences are expressed through
clean horizontal and vertical massing, asymmetrical rooflines, deep overhangs, large window groupings, and a
soft material palette that reflects the simplicity and transparency characteristic of mid-century architecture.
The project is uniquely situated at the transition point between multiple land use contexts, including existing
commercial development to the south along Dover Drive, a nature preserve across Dover, and established
single-family residential neighborhoods to the north and west. The architectural approach responds to this
condition by carefully modulating building form, scale, and articulation to serve as an appropriate visual and
functional bridge between these differing environments.
The project incorporates a comprehensive open space system weaved throughout the community that exceeds
the City’s minimum open space requirements and is intentionally designed to serve both residents and the
community. To creatively optimize space, open space amenities are organized as a series of interconnected
outdoor environments rather than being consolidated into a single location.
A publicly accessible plaza is provided along Cliff Drive, enhancing the pedestrian experience at the project
frontage and creating a visible community amenity at the street level. At the center of the site, a common
courtyard serves as the primary recreational gathering space, featuring a fire pit, lounge seating, and barbecue
facilities for resident use.
Throughout the site, areas of passive green space are integrated alongside pedestrian walkways, including a turf
and decomposed granite (DG) seating zone with benches and sculptural seating elements that provide areas for
informal use, rest, and neighborhood interaction. This passive space is strategically placed to further buffer the
direct adjacencies. In addition, private residential courtyards and balconies are provided for individual units,
ensuring that every residence has access to usable outdoor living space.
By distributing open space throughout the community and linking it through a connected pedestrian network,
the project promotes accessibility, walkability, and a high-quality living.
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In addition to the on-site open space amenities, the project benefits from a unique and highly accessible off-site
recreational and lifestyle setting. The site is located directly across from Castaways Park and a short walk to
Pacific Coast Highway (PCH), providing residents with immediate access to regional nature trails, coastal open
space, and the Upper Newport Bay trail network. These connections extend the project’s open space
experience beyond the site boundaries and link residents to walking and biking routes, scenic overlooks, and a
wide range of nearby dining, retail, and daily service destinations along PCH and the surrounding coastal
corridor. This proximity to both natural and commercial amenities enhances the overall livability of the
community and reinforces its connection to the broader Newport Beach recreational and commercial network.
California Environmental Quality Act (CEQA)
The City Council certified a programmatic EIR for the Housing Element’s related rezonings in July 2024. Utilizing
AB130.
Proposed Entitlements
The project site currently has the land use designation and zoning of General Office. The proposed project will
exist solely of residential units, changing the land use and zoning to Residential. The subject site is already part
of the Housing Overlay District created through the City’s Housing Element.
The following entitlements are requested:
▪ Tentative Tract Map
▪ Site Development Permit
▪ Variance Request (front and side street setback, Dover/Cliff)
Again, we look forward to working with you throughout this entitlement process. If you have any questions or
need any additional information, please contact me at emilie.simard@sheahomes.com or 949-244-7172.
Respectfully,
Emilie Simard
Director of Forward Planning
Shea Homes Southern California
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Attachment No. PC 3
General Plan Consistency Table
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General Plan Policy Consistency
General Plan Goal or Policy Consistency
Housing Element Policy 3.2. Encourage
housing developments to offer a wide
spectrum of housing choices, designs, and
configurations.
Land Use Element Policy LU 2.3 (Range of
Residential Choices). Provide opportunities
for the development of residential units that
respond to community and regional needs in
terms of density, size, location, and cost.
Implement goals, policies, programs, and
objectives identified within the City’s Housing
Element.
The Project proposes a 33-unit residential condominium
complex consisting of for-sale, attached single-unit
dwellings offered in three distinct floor plan configurations
ranging from two to four bedrooms and 1,355 to 2,247
square feet. This Project would diversify the City’s housing
stock, accommodate a variety of household sizes,
respond to market demand, and support the City’s efforts
to increase the supply of housing throughout the City.
Land Use Element Policy LU3.2 (Growth
and Change). Enhance existing
neighborhoods, districts, and corridors,
allowing for re-use and infill with uses that are
complementary in type, form, scale, and
character. Changes in use and/or
density/intensity should be considered only in
those areas that are economically
underperforming, are necessary to
accommodate Newport Beach’s share of
projected regional population growth, improve
the relationship and reduce commuting
distance between home and jobs, or enhance
the values that distinguish Newport Beach as
a special place to live for its residents. The
scale of growth and new development shall be
coordinated with the provision of adequate
infrastructure and public services, including
standards for acceptable traffic level of
service.
The Project is proposed on an existing property with an
older medical office development that is underutilized,
within an area of the City that is considerably developed.
The Project will add 33 attached single-unit dwellings to
the City’s housing stock which furthers the City’s efforts of
increasing and diversifying the housing stock. The project
trip generation was reviewed and approved by the Public
Works Department. The estimated trip generation for the
Project is 231 average daily trips less than the existing
medical office use. Additionally, the Public Works
Department reviewed the sewer and water demand study
prepared for the project and approved the new sewer and
water line improvements that are proposed to
accommodate the Project.
Land Use Element Policy LU 4.5
(Residential Uses and Residential
Densities). Residential use of any property
included within an established housing
opportunity overlay zoning district is allowed
regardless of and in addition to the underlying
land use category or density limit established
through Policy LU 4.1, Table LU 1 and Table
LU 2, or any other conflict in the Land Use
Element. A general plan amendment is not
required to develop a residential use within an
established housing opportunity zoning
overlay district. The maximum density
specified for the various overlay districts
specified in Policy LU 4.4 is an average over
the entire property or project site.
The Project is located within Housing Opportunity Site No.
144 and is located within the HO-3 Subarea. The Project
proposes 33 residential condominiums on a 1.61-acre
property which yields a density of 20.5 dwelling units per
acre, consistent with the allowed density of the HO-3
Subarea.
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General Plan Goal or Policy Consistency
Land Use Element Policy LU 5.1.6
(Character and Quality of Residential
Properties). Require that residential front
setbacks and other areas visible from the
public street be attractively landscaped, trash
containers enclosed, and driveway and
parking paving minimized.
While Policy LU 5.1.6 is intended for single-family
detached and two-unit projects, the Project includes buffer
landscaped areas and common open space that are
thoroughly landscaped with drought tolerant and
noninvasive plant species. The frontages include private
courtyards behind low fences and entry stoops mimicking
residential neighborhoods throughout the City.
Additionally, all internal driveways to garages are behind
the residential buildings and individual trash containers
are kept within each private garage space not visible from
the public street.
Land Use Element Policy LU 5.1.9
(Character and Quality of Multi-Family
Residential) Require that multi-family
dwellings be designed to convey a high-
quality architectural character in accordance
with the following principles: Building
Elevations, Ground Floor Treatments, Roof
Design, Parking, Open Space and Amenity
As detailed in the Objective Design Standards Checklist,
which is attached hereto as Exhibit “B” and incorporated
by reference, the project complies with the majority (47 of
52) of the applicable objective design standards and in
some cases exceeds the intent of the standards. However,
the applicant requests minor deviations of five objective
design standards. The Objective Design Standards were
developed to implement Land Use Policy LU5.1.9,
therefore compliance with these standards with negligible
deviation ensures that the project is consistent with Land
Use Policy LU5.1.9.
Land Use Element Policy LU 5.6.1
(Compatible Development). Require that
buildings and properties be designed to
ensure compatibility within and as interfaces
between neighborhoods, districts, and
corridors
Although the Project Site has an irregular shape, the
Project design compactly arranges the seven separate
buildings to maximize site efficiency and preserve a larger
than required rear setback with a publicly accessible
plaza. The side property line abutting the existing
residential neighborhood will maintain an existing retaining
wall and provide the required slope stability setback,
softening the transition to the Project. The Project site
design includes interior drive aisles and resident amenity
areas which are screened from public view. The Project’s
larger rear setback, publicly accessible plaza, landscaped
edge conditions, location of drive aisles and residential
amenities reduce the visual impact of the Project and
ensures compatibility with the surrounding neighborhood.
Land Use Element Policy LU 5.6.2 (Form
and Environment). Require that new and
renovated buildings be designed to avoid the
use of styles, colors, and materials that
unusually impact the design character and
quality of their location such as abrupt
changes in scale, building form, architectural
style, and the use of surface materials that
raise local temperatures, result in glare and
excessive illumination of adjoining properties
and open spaces, or adversely modify wind
patterns.
The architectural design of the project is inspired by mid-
century modern design principles, drawing direct
inspiration from both the existing on-site commercial
buildings and the nearby Environmental Nature Center
located to the north along Dover Drive, which features a
distinctive butterfly roof form. These influences are
expressed through clean horizontal and vertical massing,
asymmetrical rooflines, deep overhangs, large window
groupings, and a soft material palette that reflects the
simplicity and transparency characteristic of mid-century
architecture. Additionally, the Project includes color
schemes: The project’s coastal color palette draws from
Newport Beach’s natural surroundings, using Pure White
and Sea Salt in a refined color-blocking composition. The
light, neutral tones enhance architectural articulation and
reflect the coastal environment, while elongated white
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General Plan Goal or Policy Consistency
brick adds texture and durability. Natural wood tone siding
introduces warmth and balance, consistent with a coastal
aesthetic.
Land Use Element Policy LU 5.6.3
(Ambient Lighting). Require that outdoor
lighting be located and designed to prevent
spillover onto adjoining properties or
significantly increase the overall ambient
illumination of their location.
The project has been conditioned to require a photometric
study in conjunction with a final lighting plan. The project
has also been conditioned to allow the Community
Development Director to order the dimming of light
sources upon finding that the illumination creates an
unacceptable or negative impact on surrounding land uses
or environmental resources.
Land Use Policy LU 6.15.23 (Sustainability
Development Practices). Require that
development achieves a high level of
environmental sustainability that reduces
pollution and consumption of energy, water,
and natural resources. This may be
accomplished through the mix and density of
uses, building location and design,
transportation modes, and other techniques.
Among the strategies that should be
considered are the integration of residential
with jobs-generating uses, use of alternative
transportation modes, maximized walkability,
use of recycled materials, capture and re-use
of storm water on-site, water conserving
fixtures and landscapes, and architectural
elements that reduce heat gain and loss
Circulation Element Policy CE 7.1.7
(Project Site Design Supporting Alternate
Modes). Encourage increased use of public
transportation by requiring project site
designs that facilitate the use of public
transportation and walking.
The Project is required to comply with the provisions of the
Building and Energy Efficiency Standards California Code
of Regulations (CCR), Title 24, Parts 6 – California Energy
Code) and the Green Building Standards Code (CCR, Title
24, Part 11 - CALGreen). Additionally, the Project would
implement water-efficient landscaping, water quality best
management practices and low impact development
practices. The Project would maintain the existing
drainage patterns by incorporating a series of high and low
points to create sump conditions, effectively channeling
stormwater to catch basins or an alternative capture
system. The collected stormwater will ultimately discharge
into the existing catch basin at the project frontage along
Cliff Drive.
The Project is within proximity to schools and businesses
and would provide additional options for housing in this
area. A publicly accessible plaza is provided along Dover
Drive, enhancing the pedestrian experience at the project
frontage and creating a visible community amenity at the
street level.
Throughout the site, areas of passive green space are
integrated alongside pedestrian walkways, including a turf
and decomposed granite seating zone with benches and
sculptural seating elements that provide areas for informal
use, rest, and neighborhood interaction. The site is located
directly across from Castaways Park and a short walk to
Coast Highway, providing residents with immediate
access to regional nature trails, coastal open space, and
the Upper Newport Bay trail network. This proximity to
both natural and commercial amenities enhances the
overall livability of the community and reinforces its
connection to the broader Newport Beach recreational and
commercial network.
Circulation Element Policy CE 2.3.3 (New
Development Maintained Responsibility).
Ensure minimization of traffic congestion
impacts and parking impacts and ensure
proper roadway maintenance through review
and approval of Construction Management
A draft construction management plan has been reviewed
and approved by the Community Development, Fire, and
Public Works Departments. This ensures that any traffic
congestion impacts associated with the construction
process is minimized to the greatest extent possible. The
project has been conditioned to require the applicant to
provide a final CMP to be reviewed and approved by
81
General Plan Goal or Policy Consistency
Plans associated with new development
proposals in residential neighborhoods.
Community Development, Fire, and Public Works
Departments
82
Attachment No. PC 4
Multi-Unit Objective Design Standards
Checklist
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Objective Design Standards Checklist
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
(949) 644-3204
www.newportbeachca.gov
Disclaimer: This checklist is intended to help ensure compliance with Section 20.48.185 (Multi-Unit Objective Design
Standards) of the Newport Beach Municipal Code (NBMC). It does not include all design and development standards
from other sections of the NBMC, planned community development plans, or any overlay zoning district; however,
compliance with all applicable standards is still required. If you have questions on which standards apply to your project,
please contact a planner at 949-644-3204.
Name of applicant: ______________________________________________________________________
Date: _________________________________________________________________________________
Project Address: ________________________________________________________________________
Project Application # (City staff to fill out) _____________________________________________________
Development Type:
Multi Family Unit Residential
Mixed Use Development
Project Site Context (check all that apply)
Situated adjacent to existing residential development
Situated next to existing commercial development
Situated adjacent to designated historical structure
Other ____________________________________________
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
A. General Standards
1: Multi-unit development orientation
a. Development color scheme (8+ buildings)
b. Development color scheme (30+ buildings)
c. Pedestrian walkways and linkages
d. Architectural variety and features
e. Structured parking visibility
f. Corner lot loading docks/service areas
g. Parking facility entrances
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City of Newport Beach Objective Design Standards Checklist
2 | P a g e
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
2: Mixed-use buildings orientation
a. Commercial unit entrances
b. Residential unit entrances
B. Orientation
1. Orientation to primary public street
2: Screening of parking areas
3: Multi-unit projects across from single-family
4: Building arrangement for outdoor space
C. Parking Standards
1: Parking compliance with NBMC 20.40.070
a. Parking lot placement
b. Landscaped area
2: Residential garages
a. Street facing garage door
i. Consistent garage and building architecture
ii. Arbor or other similar feature
3. Parking structures and loading bays
a. Shielding of parked vehicles
b. Minimize blank concrete facades
D. Common Open Space (C.O.S)
1: Common recreation area requirement
2: Residential entry distance from C.O.S.
3: Pedestrian walkway connection points
4: Open space location
5: Usable open space grade
6: Seating and lighting
E. Recreation Activities
1: Play area location and visibility
2: Senior housing areas of congregation
3: Recreational amenities per unit count
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City of Newport Beach Objective Design Standards Checklist
3 | P a g e
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
F. Landscaping
1: Min. 8% of total site landscaped
2: Landscaping materials
a. Ground cover
b. Nonliving decorative landscaping
c. Turf areas for recreation
3: Landscaping and irrigation
G. Frontage Types and standards
1: Storefronts
a. Ground floor elevation location
b. Entrance using one of given methods
c. Windows and/or glass doors coverage
d. Upper floor facade window coverage
e. Floor to floor height (15 ft)
f. Awnings or marquees min/max height
2: Live work/office fronts
a. Ground floor elevation location
b. Entrance for ground floor tenant
c. Entrance for upper floor tenants
d. Ground floor facade coverage
e. Upper-level facade coverage
f. Ground floor to ceiling height
g. Awnings or marquees min/max height
h. Setbacks
3: Residential fronts
a. Ground floor elevation
i. Garage length of building facade
ii. Entrance for ground floor tenants
iii. Entrance for upper-floor tenants
iv. Ground and upper floor facade coverage
v. Setbacks
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City of Newport Beach Objective Design Standards Checklist
4 | P a g e
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
H. Walls and Fences
1: Community perimeter and theme walls
2: Wall materials
3. Wall style conformance with architecture
4. Exterior perimeter wall depth
I. Utilities
1: Utility locations and placement
2: Mechanical equipment screening (if needed)
3: Utility rooms (if feasible) for certain equipment
a. If not feasible, incorporated into design
J. Private Street Standards
1: Private street right-of-way width
a. Without on-street parallel parking (41 ft)
b. With on-street parallel parking (50 ft)
2: Private street zones
a. Street zone (SZ) design standards
b. Sidewalk zone(SWZ) design standards
c. Landscaping and paving zone (LPZ) design
standards
K. Private Driveway Zones
1: Private driveway right-of-way (dimensions)
2: Driveway zones
a. Driveway zone (DZ)
b. Landscape and paving zone (LPZ)
L. Publicly Accessible Open Space (PAOS) Standards
1: Required PAOS
2: Site area calculations
3. PAOS Design Standards
a. PAOS minimum width
b. PAOS access
M. Façade Modulation Standards
1: Density and building typology
88
City of Newport Beach Objective Design Standards Checklist
5 | P a g e
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
N. Vertical Modulation
1: Components
a. Base
b. Middle
c. Top
2: Changes in facade material and/or color
a. Banding
b. Floor heights
c. Fenestration
d. Cladding material
3. Additional vertical modulation standards
a. First floor height
i. Density less than 30 units/acre
ii. Density greater than 30 units/acre (residential
only)
iii. Density greater than 30 units/acre (commercial
units on ground floor)
b. Vertical variation
i. Density less than 30 units/acre
ii. Density greater than 30 units/acre
O. Horizontal Modulation
1: Building standards for developments with density of less than 30 units/acre
a. Maximum building length
b. Required minimum modulation area
c. Minimum depth
d. Maximum number
2: Building standards for developments with density of 30 units/acre or greater
a. Maximum facade length
b. Required minimum modulation area
c. Minimum depth
d. Minimum width
e. Maximum number
89
City of Newport Beach Objective Design Standards Checklist
6 | P a g e
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
P. First Floor Opening and Transparency Standards
1: Building standards for development with density less than 30 units/acre
a. Minimum opening standard
2: Building standards for development with density of 30 units/acre or more
a. Minimum opening standard
i. For any at-grade or above-grade first floor unit
fronting a street or paseo
ii. For any mixed-use multi-unit building with a
first-floor commercial use fronting a street,
courtyard, or paseo
Q. First Floor Entry Standards
1: Individual residential unit entrances
a. Residential front door standards
i. Minimum entry sidewalk width
ii. Entry stoop, terrace and patio area
2: Lobby Entrances
a. Location standards and accessibility
i. Sidewalk entry width
ii. Entry landing area
iii. Prohibited primary entries
90
Attachment No. PC 5
Project Plans
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1
Subject:FW: Dover Townhomes: affordable housing
From: Whelan, Melinda
Sent: January 26, 2026 4:43 PM
To: Ed Loaiza <celoaiza@icloud.com>
Subject: RE: Dover Townhomes: affordable housing
Mr. Loaiza,
The Project is for 33-market-rate town homes. The Project does not include affordable units. I am happy to discuss
this further. Can you please give me your contact phone numer and I can give you a call? thank you.
Melinda Whelan
Assistant Planner
Community Development Department
Office: 949-644-3221
100 Civic Center Drive
Newport Beach, CA 92660
From: Ed Loaiza <celoaiza@icloud.com>
Sent: January 24, 2026 10:09 AM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Dover Townhomes: affordable housing
Hello Ms. Whelan,
Where may I find information regarding affordable housing requirements or exclusions regarding this proposed
project (Dover Townhomes)?
Regards
Carlos Loaiza
Orange, CA
https://newportbeach.legistar.com/View.ashx?M=F&ID=15130038&GUID=1E70634A-480C-4131-94E4-
7141E0FEF204
Sent from my iPhone
Planning Commission - February 5, 2026 Item No. 2a Additional Materials Received Dover Townhomes (PA2025-0135)
Fighting for a future of abundant housing in Orange County.
peopleforhousing.org
Tristan Harris, Chair
Planning Commission
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CA 92660
February 2, 2026
Re: Support for new townhomes at 601 Dover Drive
Dear Chair Harris and Members of the Newport Beach Planning Commission,
I am writing to express support for the proposed residential townhome development located at Cliff
Drive and Dover Drive. This site has been expressly identified in the City of Newport Beach’s
adopted Housing Element as an appropriate location for new housing and is included within the
City’s Housing Overlay District. As such, this project represents an important opportunity for the City
to implement the land use and housing policies it has already approved.
The proposed project would redevelop an underutilized commercial office property with a
thoughtfully designed, 33-unit for-sale townhome community. The project meets the minimum
density requirements established by the Housing Overlay District and aligns with the City’s
long-term housing strategy by placing new homes on a site that was specifically evaluated,
approved, and rezoned through the Housing Element process to accommodate residential
development.
Housing Element sites are not theoretical planning exercises; they represent real commitments
made by the City to the State of California and to the community about where and how new housing
will be accommodated. Approving projects on these identified sites is essential to maintaining the
1
Planning Commission - February 5, 2026 Item No. 2b Additional Materials Received Dover Townhomes (PA2025-0135)
integrity of the Housing Element and ensuring that Newport Beach can meet its housing obligations
in a predictable and orderly manner.
Importantly, this project reflects a context-sensitive approach to housing delivery. While the Housing
Element contemplated higher maximum densities on this site, the applicant has proposed a
lower-density townhome product that is compatible with surrounding neighborhoods, incorporates
high-quality architecture, and provides both private and shared open space. The project replaces
aging commercial structures with new homes while enhancing the public realm through improved
pedestrian frontage and a publicly accessible plaza.
Newport Beach, like coastal communities throughout California, faces the challenge of balancing
neighborhood character with the need to make room for new housing. The City’s Housing Element
represents a careful, community-vetted roadmap for achieving that balance. This project follows that
roadmap precisely—by locating housing where the City itself determined it belongs.
For these reasons, I respectfully encourage the Planning Commission to support the proposed
project and allow it to move forward consistent with the City’s adopted Housing Element and
Housing Overlay policies.
Thank you for your time and consideration.
Sincerely,
Elizabeth Hansburg
Cofounder & Director
Fighting for a future of abundant housing in Orange County.
peopleforhousing.org 2
Planning Commission - February 5, 2026
Item No. 2b Additional Materials Received Dover Townhomes (PA2025-0135)
February 3, 2026
Planning Commission
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CA 92660
RE: Support of Housing in Newport Beach – Townhomes at 601 Dover
Dear Chair Harris, Vice Chair Salene, and Members of the Planning Commission,
On behalf of the Orange County Chapter of the Building Industry Association of Southern
California (BIAOC), representing hundreds of home builders, trade partners, and suppliers
throughout the region, we write to express our strong support for additional housing in the City
of Newport Beach—specifically the proposed project at 601 Dover Drive.
The application before you is an important step toward addressing the City’s housing needs by
helping combat the ongoing housing shortage and providing much-needed homes for the
community. This thoughtfully designed project would deliver 33 townhomes on an underutilized
commercial site, advancing Newport Beach’s long-term housing goals while making efficient and
responsible use of land.
As an evaluated and approved Housing Element site, this location is the perfect example of
redevelopment and revitalization of neighborhoods by replacing aging commercial infrastructure
with much needed housing. This site was specifically approved through the Housing Element
process to accommodate residential development, and this project directly fulfills that purpose.
Importantly, the proposed development reflects a context-sensitive approach to housing
delivery. While the Housing Element contemplated higher maximum densities on this site, the
applicant has proposed a lower-density townhome community that is compatible with
surrounding neighborhoods. The project limits building height to an average of approximately 35
feet, omits rooftop decks out of respect for neighboring privacy, and incorporates high-quality
architecture to compliment the area.
These homes will provide a meaningful opportunity for younger families and working residents
to attain homeownership in Newport Beach, helping to sustain a diverse and vibrant community.
At the same time, the project supports the City’s adopted Housing Element and Housing Overlay
policies by locating housing precisely where the City determined it belongs.
BUILDING INDUSTRY OF SOUTHERN CALIFORNIA,
ORANGE COUNTY CHAPTER
jlanning Aommission 6 Vebruary m0 gngs
Mtem xoP gc Ddditional )aterials ’eceived
9over zownhomes jDgngm6niCm3
For these reasons, we respectfully request your support of the proposed application and urge
the Planning Commission to allow this project to move forward. At a critical time of limited
housing supply, approving this development will help bring much-needed homes to the market
while remaining consistent with the City’s adopted plans and policies.
Thank you for your time and thoughtful consideration. Should you have any questions regarding
this letter, please do not hesitate to contact me at agromis@biasc.org or (949) 777-3856.
Sincerely,
Ana Gromis
Vice President of Government Affairs
Building Industry Association of Southern California
jlanning Aommission 6 Vebruary m0 gngs
Mtem xoP gc Ddditional )aterials ’eceived
9over zownhomes jDgngm6niCm3
1/28/2026
To: Melinda Whelan
The City of Newport Beach
mwhelan@newportbeachca.gov
Good afternoon,
My name is Ann Matteson, and I am the architectural colorist for the 601 Dover Residential Dover development. I am writing to express my support for this development.
As someone who was born at Hoag Hospital, and grew up within walking distance of this property, (on St. James Road), I believe I have a unique perspective. I am still a Newport Beach resident (I own a home in the Sister Streets of Harbor Highlands), so this corner is very visible in my day to day life.
The existing property has played a big part in my life, as many of my (and my daughter’s) pediatric appointments were in the existing building. The existing property, although part of my own personal history, has fallen into severe disrepair, and needs to be replaced with something that better reflects the upscale nature of our city, while also providing much needed housing.
Although it’s always sad to see the older buildings of Newport Beach disappear, I believe Shea Homes has come up with a beautiful solution, which not only provides a more affordable housing opportunity to new families, but also fits in nicely with the Newport Beach aesthetic.
Shea Homes has worked with the architect, and with me, to ensure that the thoughtful use of exterior colors and materials, the building massing, the low density, the 35 foot average building heights and the absence of roof decks will all contribute to a development that not only settles nicely into the hillside, but doesn’t infringe on the views or privacy of the neighbors above.
Shea Homes is a reputable builder, and they are known in the industry for building quality homes. I have worked with them for many years, and I am confident that they will be able to create something that we can be proud of.
Sincerely,
Ann Matteson Principal Ann Matteson Consulting
20371 IRVINE AVENUE, SUITE 230
NEWPORT BEACH, CALIFORNIA 92660
PH: (949) 646-4174
EMAIL: ann@annmattesonconsulting.com
www.annmattesonconsulting.com
AM
ANN
MATTESON
CONSULTING, INC.
RE: 601 Dover Residential Development
Planning Commission - February 5, 2026
Item No. 2d Additional Materials Received
Dover Townhomes (PA2025-0135)
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
David Lyon <david.lyon@connectdiscovery.com>
February 04, 2026 10:02 AM
Planning Commission
Opposition to proposed development at 601 Dover
Follow up Flagged
Hello, my name is David Lyon. I live with my wife and 2 daughters in the Cliff Haven community where I
serve as a board member on the Cliff Haven Community Associatfon.
I write in oppositfon to the proposed development of 33 residences on about an acre and a half of land
at 601 Dover Dr. This project should be preliminary evaluated in relatfon to immediately surrounding
development at 1501 16th St where the city has recently approved the constructfon of roughly 30
residences, and also evaluated in relatfon to the desire to develop Lower Castaways where the city is
currently evaluatfng development proposals � one of which includes 15,000 square feet of restaurant,
retail space, museum, and other potentfal development ideas.
While property rights should and are respected in Newport Beach, I would suggest that concurrently
developing all of these sites at the same tfme would be a categorical mistake as the cumulatfve
environmental, infrastructure, traffic, noise and other important community elements cannot
reasonably be predicted in advance of any of these 3 separate projects being more formally developed.
Between the traffic associated with residents from adjacent Bayshores, Dover Shores and the Newport
Heights communitfes, Ensign and Newport Harbor High Schools, St Andrews Church, nearby 17th street,
seasonal tourism and Mariner�s Mile/PCH, these roads already support already very heavy traffic loads.
The additfon of 63 residences between 1501 16th and the applicant at 601 Dover, along with what will
likely be a very large development at Lower Castaways, will greatly impact the surrounding community
as all of these sites are within one block of one another.
As it relates to this specific project, the applicant is requestfng variances to build into Dover and Cliff Dr
setbacks. It�s worth pointfng out that the 33 residences will have minimal loading parking for deliveries,
utflitfes, handymen, contractors or other services and will only have 10 guest parking spaces, which is
the absolute minimum guest parking spaces they are required to provide. Respectiully, constructfng 33
residences on about an acre and a half of land, where there will sparse loading parking and only 10
guest parking spaces, does not seem to be a plausible fact pattern that supports variances to the city�s
zoning codes.
Further, the exclusive means of entrance and exit into the 33 residences appears to be from Cliff Dr.
where all other forms of parking outside of immediate community residents will be on Cliff Dr and in the
broader Cliff Haven community. The Cliff Haven community has no sidewalks and all of these parked
Planning Commission - February 5, 2026 Item No. 2e Additional Materials Received Dover Townhomes (PA2025-0135)
vehicles on the street (loading, guests and likely most of the residents who will use their garages for
offices/multf-purpose rooms/storage/gyms) will be obstructfng the bike lanes that serve as the only
means of protectfon for children and elderly pedestrians & bicyclists from existfng heavy traffic loads on
Cliff Dr. Additfonally, the entrance on Cliff is located within mere feet of the intersectfon of Cliff and
Dover. People departfng the community at 601 Dover will be routfnely connectfng to Dover Dr. towards
17th St or PCH, which will make for a very sudden and dangerous turn from the community that will
jeopardize pedestrians, bicyclists and motorists that are entering or departfng the Cliff Haven
community. As such, it would seem reasonable that the applicant developing the entrance and exit (or
possibly just the exit) on Dover, and having more community parking beyond what is minimally required
would greatly assist in terms of reducing adverse effects on the Cliff Haven community.
In sum, I would respectiully request that city planning deny the applicant at this point in tfme untfl they
create a proposal that more fully balances the valid desire to develop the land on the one hand, and the
also valid community concerns from the residents of Cliff Haven on the other.
Kind regards,
Better, Faster, more Affordable eDiscovery
David Lyon
Director of eDiscovery
Services
P: (714) 875-8830
E:
David.Lyon@ConnectDisc
overy.com
Planning Commission - February 5, 2026
Item No. 2e Additional Materials Received
Dover Townhomes (PA2025-0135)
From: Erik Mykletun <emykletun@gmail.com>
Sent: February 04, 2026 3:50 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>; Shumway, Lena
<LShumway@newportbeachca.gov>
Subject: Letter of support - 601 Dover Drive (PA2025-0135)
Honorable Members of the Newport Beach Planning Commission,
My name is Erik Mykletun, and I am a long time Newport Beach resident writing in support
of the proposed Dover Townhomes project located at 601 Dover Drive (PA2025-0135).
I appreciate the thoughtful approach taken to redevelop an underutilized medical office
site into a well-designed residential community that aligns with the City’s Housing
Opportunity Overlay goals. The project’s scale, architecture, and site planning appear
carefully considered and compatible with the surrounding neighborhood, particularly given
its location adjacent to existing single-family homes and across from Castaways Park.
I am encouraged by the project’s emphasis on high-quality design, on-site parking, and
open space, including the publicly accessible plaza along Dover Drive. The proposed
height remains well below what is allowed, and the transition to nearby residential uses
appears respectful and appropriate. Replacing an outdated commercial use with for-sale
townhomes is apositive step that helps diversify Newport Beach’s housing stock while
reducing traffic compared to the existing use.
This project represents a balanced and responsible infill opportunity that supports the
City’s adopted Housing Element, enhances the streetscape, and contributes to the long-
term vitality of the Dover-Westcliff area.
Thank you for your time and consideration. I respectfully encourage the Planning
Commission to approve the Dover Townhomes project as recommended by staff.
Sincerely,
Erik Mykletun
Newport Beach Resident
Planning Commission - February 5, 2026 Item No. 2f Additional Materials Received Dover Townhomes (PA2025-0135)
February 5, 2026, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. DOVER TOWNHOMES (PA2025-0135)
The staff report, on handwritten page 5, says “the project site was identified as Housing Site Inventory
No. 144 with an assumed net yield of 49 dwelling units.” This is incorrect. The Housing Site Inventory
in Appendix B of the City’s certified 6th Cycle Housing Element identifies Site No. 144, at the bottom
of page B-50, as a site with a reasonable potential to develop with 49 above market units, 8 moderate
and 24 low/very low units, for an “assumed net yield” of 81 units. As with other recent overlay
approvals, I believe the failure to provide any of the promised affordable units will be a problem for the
City.
I also think it is difficult to make a finding of neighborhood compatibility without any images indicating
what the project, if built, will look like in its setting, as well as to justify the requested encroachments
along Dover Drive.
I am also not sure how the parking and trash will work.
More specifically, in reviewing the draft resolution, I have these comments:
1. Section 1.3.c.i on handwritten page 19 says one reason for requesting a Vesting Tentative
Tract Map is “to remove an underlying lot line.” This lot line is not mentioned anywhere else in
the resolution, and it does not seem to appear in the City’s GIS mapping, as in the “Vicinity
Map” on handwritten page 3 of the staff report. Where is this line? And is a VTTM sufficient to
change it?
2. Section 1.7 on handwritten page 30 says “The Project does not include the construction of
affordable housing. However, the City’s Sites Inventory within the City’s 6th Cycle Housing
Element contains other adequate sites suitable for affordable housing opportunities and
therefore is consistent with the State’s no net loss provisions.”
This is standard boilerplate that has appeared in recent approvals of housing projects lacking
an affordable component. However, it does not make those approvals, or this one, compliant
with the state’s “no net loss” requirements.
Government Code Subsection 65863(b)(2) says “If a city, county, or city and county, by
administrative, quasi-judicial, legislative, or other action, allows development of any parcel
with fewer units by income category than identified in the jurisdiction’s housing
element for that parcel, the city, county, or city and county shall make a written finding
supported by substantial evidence as to whether or not remaining sites identified in the
housing element are adequate to meet the requirements of Section 65583.2 and to
accommodate the jurisdiction’s share of the regional housing need pursuant to Section
65584. The finding shall include a quantification of the remaining unmet need for the
jurisdiction’s share of the regional housing need at each income level and the
remaining capacity of sites identified in the housing element to accommodate that need
by income level.”
February 5, 2026, PC agenda Item 2 comments - Jim Mosher Page 2 of 5
It seems unambiguous that in this case the Commission will be approving less than the 81
units identified for this parcel in our Housing Element. My understanding is that does not
prevent approval, but where is the quantification of the resulting effect on the City’s RHNA
obligations?
Although we have used our boilerplate language repeatedly in the past, a bald assertion that
we have adequate other sites, without providing any numbers, does not seem compliant.
3. In Section 3.A.3, on handwritten page 32, it is not entirely clear how staff believes the setback
language should be applied to this irregularly shaped lot. Are both street frontages regard as
both “front” and “side” lines, and is the entirety of the remaining curved line a “rear” line. And
how is the rear setback area determined by the latter, if it is the rear line? (Section 3.C.2 on
page 41 seems to suggest the curved line is a “side” line – is there no rear line? who decides
this?)
4. Regarding Section 3.A.4, I imagine the neighbors on St. James Place, adjoining but above the
site, will be as surprised as those near the Ford Road site that the height limit on this site has
increased from 35 to 65 feet. I doubt they were aware that was being considered, let alone
approved. It seems fortunate the developer is showing some restraint.
5. Finding 3.B.ii on handwritten page 34 invites the Commission to consider “the harmonious
relationship of the structures to one another and to other adjacent developments.” I see 60
pages of project plans in the agenda packet, many of which provide renderings of the
proposed structures, but not a single one showing what the completed project will look like in
the context of the adjacent developments. In the absence of information, how can the
Commission address that part of this finding?
6. Section 3.B.2, starting on handwritten page 35, indicates a number of General Plan provisions
staff feels the project is consistent with. Are there any that it is not? How about its
inconsistency with the anticipated housing unit production promised in the Housing Element
Site Inventory?
7. Section 3.B.2.e, on handwritten page 36, assures readers that “individual trash containers are
kept within each private garage space not visible from the public street.” That is fine, but the
plan for trash handling is not clear to me. The “Waste Management Plan” on handwritten page
130 provides no clarification to me. Without explanation, it shows large squares with
(unexplained) alternating colors, one in each garage, and many smaller squares along the
street. How will this comply with the City’s source separation requirements? Won’t each owner
need three bins? Will there be receptacles in the common areas, including the public one? If
so, who will service them?
8. The context of the numbered “facts” on handwritten page 40 is difficult to follow, but they seem
to address the required “findings” listed on page 34. The very terse “6. The Project will utilize
an existing curb cut for vehicular access from Cliff Drive” appears to be all that is offered
relevant to a finding regarding “The adequacy, efficiency, and safety of pedestrian and
vehicular access, including drive aisles, driveways, and parking and loading spaces.”
Doesn’t that need more? Will parallel parking be allowed along Cliff Drive? And along Dover
where some of the units have front doors? If so, how will that impact traffic flows? (some of this
seems to be addressed in Section 3.C starting on page 41)
February 5, 2026, PC agenda Item 2 comments - Jim Mosher Page 3 of 5
9. The last part of Section 3.C.4 at the top of page 42 anticipates the project will create “use of
street parking on Cliff Drive and the adjacent neighborhoods behind the Project Site.” How
large an impact is expected? How will it compare to the existing office use?
10. In Section 3.C.5 what does a “lighting value” of “1” or less mean? What units is this measured
in?
11. With regard to the Variance findings, and especially Section 3.F.2 on handwritten page 44, the
“zoning classification” of this property at 601 Dover Drive is “OG 0.25 FAR + HO-3 Overlay.” I
do not believe there are any other property in the City with the identical classification, although
747 Dover Drive (Opportunity Site No. 143, 0.79 acres) and 1501 16th Street (Opportunity Site
No. 142, 1.51 acres), with a “OG 0.5 FAR + HO-3 Overlay” classification are close (differing
only in the allowed FAR). Of those, 1501 16th Street faces very similar topographic challenges
with a steep downslope within the parcel along most of its eastern edge. To achieve its larger
FAR, it is arguably more challenged than 601 Dover Drive.
It is especially unclear why the resolution would assert “Other properties in the area abut a
single street and are not adjacent to slopes, resulting in smaller setbacks and larger buildable
areas.” Not only does 1501 16th Street contain a slope, but neither of these similarly-zoned
sites is larger, and 747 Dover abuts two streets and has a much smaller buildable area.
If one considers the surrounding single-unit residential properties, nearly all of those face
severe topographic challenges, yet none appear to have required variances to develop.
12. As to the remaining variance findings, I do not see why making the encroaching units a little
smaller would be a better solution and avoid the need for a variance.
13. Section 3.J.5 on handwritten page 47 attempts to justify the variance request by observing that
“the property line along Dover Drive is 11 feet behind the curb.” That measure actually seems
to vary from about 7 feet at the south end to 12 feet at the north. But no evidence is provided
that is unusually large. Moreover, most of the intervening space is occupied by public sidewalk.
Considering only the distance of building facades from the curb suggests we are concerned
only about visual impacts to motorists. Isn’t the code also intended (as seems to be
acknowledged in the immediately following Section K.1) to prevent pedestrians from being
towered over by 38-foot tall building fronts? I would also think the “entry courtyards" facing
Dover Drive will be quite noisy and not particularly pleasant to use. So, reducing the unit sizes
to move the facades back would improve those, as well.
Regarding the proposed Conditions of Approval starting on handwritten page 59, I have these mostly
typographical observations (shown by redlining):
1. Condition No. 7: I do not understand this condition which seems to give the applicant the right
to convert less than all of the 33 units to condominiums. Wouldn’t that require a different
VTTM?
2. Condition No. 9: “... may be modified from the original approved plans subject to the approval
by the Community Development Director.”
3. Condition No. 10: “The residential structure structures shall be attenuated to provide an
interior noise level of 45 dBA CNEL or less pursuant to Section 10.26.030 (Interior Noise
Standards) of the NBMC. Use of walls, berms, interior noise insulation, double paned
windows, advance advanced insulation systems, or other noise mitigation measures, …”
February 5, 2026, PC agenda Item 2 comments - Jim Mosher Page 4 of 5
4. Condition No. 19: “All landscape materials and irrigation systems shall be maintained by in
accordance with the approved landscape plan. …”
5. Condition No. 21: Again, what is a “lighting value” of “1”? Should there be a reference to a
code section?
6. Condition No. 24: “Construction activities shall comply with Section 10.28.040 of the Newport
Beach Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of …”
7. Condition No. 29: The “prior to the commencement of any ground-disturbing activity to the
completion of ground disturbing activities to monitor grading and excavation activities” part at
the end seems redundant with Condition No. 30 and could be removed.
8. Condition No. 43: “Townhouses that do not meet the following definition below shall be …”
9. Condition No. 44: “Limit allowable idling to 30 minutes for trucks and heavy equipment” (don’t
we usually have a stricter limit than this?)
10. Condition No. 81: “The existing 18-inch storm drain that is tied into the catch basin shall be
properly abandoned before connection to the new 18-inch line. The line shall be private until
up to the point of connection into the catch basin.” (?)
Condition No. 80 says the storm drain system is private, but reading “until” in Condition No. 81
in its usual sense related to timing would mean this line ceases to be private at such time as it
is connected to the catch basin. Is that what was intended?
February 5, 2026, PC agenda Item 2 comments - Jim Mosher Page 5 of 5
February 3, 2026
Re: 601 Dover Drive, Newport Beach
Dear Chair Harris and Members of the Newport Beach Planning Commission,
We are direct neighbors to the 601 Dover Dr. property (708 St James Place) and are writing to
express support for the proposed residential townhome development located at Cliff Drive and
Dover Drive. Although we disagree with the city that this site is appropriate to be deemed a Housing
Overlay site, we understand that this site has been identified in the City of Newport Beach’s
adopted Housing Element as an appropriate location for new; high-density housing and is included
within the City’s Housing Overlay District. As such, this project is likely to be redeveloped whether
we like it or not. There are numerous reasons to object to this project, or any high-density project
like it; to be built in our city. We think we can speak for the entire community when we say that
high-density housing does not add value to our neighborhoods.
With that said, we believe Shea Homes is approaching this development in a responsible way, in
that they are building to the lowest allowed density and limiting height to about 35-feet, when they
legally could build up to 65 feet. We wanted the city to know that we have been in discussions with
the team at Shea Homes and will remain involved in this project to ensure we are collaborating as
neighbors for the best outcome for our community.
For these reasons, and to prevent another project coming in and building over 80 units, we
respectfully encourage the Planning Commission to support the proposed project and allow it to
move forward consistent with the City’s adopted Housing Element and Housing Overlay policies.
We are asking, as longtime residents in this same location for 39 years, that the City of Newport
Beach and Shea Homes would consider a few ways that you could give back to our community
while in the process of developing your townhome project such as:
1.Protecting what will be left of the neighborhood views; as much as possible; by maintaining
tree heights in the medians of Dover and at Lower Castaways Park; so that they do not
impede our bay views over the top of the townhomes.
2.Creating more beauty for the community by relocating the transformers along Dover Drive;
burying them underground, along with the electrical lines; which would then allow the
telephone poles to be removed as well.
Thank you for your time and consideration,
Respectfully,
Kip and Jamie Kula
Planning Commission - February 5, 2026
Item No. 2h Additional Materials Received After Deadline
Dover Townhomes (PA2025-0135)
DOVER TOWNHOMES
Planning Commission Public Hearing
February 5, 2026
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
PROJECT LOCATION
2
Project Site
(Existing Medical Office)Cliff Haven Residential
Neighborhood
Cliff Haven Residential
Neighborhood
Castaways Park
Newport Bay
Do
v
e
r
D
r
i
v
e
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
3
Project Site
Cliff Drive
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
PROJECT DESCRIPTION
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•Demolish existing medical offices
•33-unit for-sale residential townhomes
•Seven detached, three-story buildings
•Approximately 38 feet tall
•Two-, three- and four-bedroom units with two-car garages
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
PROPOSED
DRIVEWAY
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PUBLIC
PLAZA
AMENITIES
AMENITIES
LANDSCAPE
BUFFERHEDGE,
LANDSCAPE
BUFFER TO
ADJACENT
RESIDENTIAL
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
REQUIRED APPROVALS
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Major Site Development Review
•5 or more units with tract map
•Deviations from 5 multi-unit objective design standards
Variance
•Encroachments into street setbacks
Vesting Tentative Tract Map
•Individual sale of units
CEQA
•AB130 statutory exemption
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
ZONING COMPLIANCE
HO-3 HOUSING OPPORTUNITY SUBAREA
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Development Standard Standard Proposed
Density 20-50 DU/AC 20.5 DU/AC
Setbacks (min.)
Front (Cliff)10 feet/20 feet 6 ft., 8-in. min. (Variance)
Streetside (Dover)10 feet/20 feet 9 ft., 10-in. min.
(Variance)
Side (Slope)
(*Building Code Req.)
15 feet 20 ft.
Rear (southeast)20 feet 64 ft.
Streetside 20 feet 20 to 45 ft.
Parking (min.)63 spaces 76 spaces
Building Separation 10 feet 10 to 26 ft.
Common Open Space (75 sq.
ft./unit min.)
2,475 sq. ft. 4,307 sq. ft
(Fire Pit/Picnic Area)
Private Open Space (5% gross
floor area/unit min.)
69 to 113 sq. ft. per
unit
73 to 126 sq. ft. per unit
(125 to 211 sq. ft. entry
courtyards)
Height (max.)65 feet 37 feet, 6 inches
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
MAJOR SITE DEVELOPMENT REVIEW
Design and Open Space
•Interior drive aisles
•Amenity areas that are screened from public view
•Larger rear setback
•Publicly accessible plaza
Scale and Compatibility
•Significant lower trip generation (231 fewer)
•27 feet below height limit
•Minimum density with greater than the required landscaping
•Greater setbacks at the side and rear yard, a retaining wall, and a tall hedge which buffers the community
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
Driveway Analysis and Site Distance
•Driveway analysis by LSA Associates, Inc. reviewed byPW
•Level of Service (LOS) and queuing analysis for drivewayoperations
•Sight distance analysis for safety at the project driveway
•A Condition of Approval No. 71 - right-in/right-out (RIRO)only access
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
Driveway Analysis and Site Distance
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
COMPATIBILITY WITH ADJACENT
RESIDENTIAL
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
DOVER DRIVE RENDERING
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
PUBLIC PLAZA
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
MULTI -UNIT OBJECTIVE DESIGN STANDARDS
Complies with 47 of 52 standards
Deviations include:
•4-foot minimum Landscape and Paving Zone•6-inch reduction (3 feet, 6 inches)
•10-foot minimum first and middle floor heights•11-inch reduction, (9 feet 1 inch maximum)–lower overall height)
•2-foot minimum building recess/projectiondepth•0- to 2.5-feet provided - shorter buildingswith appropriate recesses and projections
•Maximum of 2 building recesses/projections•5 recesses/projections provided - adds toarticulation and architectural design 14
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
PROJECT RENDERING
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
SETBACK
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
VESTING TENTATIVE TRACT MAP
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•Vesting Tract Map for condominium purposes
•Park in-lieu dedication fee - $38,400 per unit
•Infrastructure including sewer and water designed to accommodateProject
•All improvements will comply with Building, Public Works, and FireCodes
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
ENVIRONMENTAL REVIEW
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•Statutorily exempt from CEQA pursuant to PRC Section21080.66 (“AB130”)
•Meets the criteria:
•Zoning/Land Use
•No wetlands, natural resources, or hazards on the property
•Tribal consultation concluded on December 22, 2025
•Tribal monitoring conditions for two consulting Tribes areincluded in Resolution
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
UPDATED CONDITIONS
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55. Prior to the issuance of the building permit, a Tract Map shall be recorded. The map shall be prepared on the California coordinate system (NAD 83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub Article 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD standards. Scanned images will not be accepted.
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
UPDATED CONDITIONS
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•71. The driveway is planned to be a full access driveway similar to the existing driveway that serves the existing medical office use. If the City Traffic Engineer determines that issues or problems arise due to the full access nature of the driveway, the project shall implement the right turn in-right turn out driveway improvements as identified in the “601 Dover Drive Residential Project – Driveway Analysis” prepared by LSA and dated December 11, 2025. The improvements shall be fully funded and constructed by the developer. If not installed prior to the developer transferring the Project to the Home Owner Association (HOA), the developer shall pre-fund the HOA reserves for this purpose. The funds shall be memorialized in the CC&Rs. This condition shall expire five years from the date last unit sold and occupied.
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
UPDATED CONDITIONS
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72. A residential fire sprinkler system shall be installed per NFPA13D for each unit.
73. A separate water meter shall serve each fire sprinkler system.
76. Residential fire sprinklers complying with the 2022 NFPA Standard 13R shall be required.
77. Waterflow monitoring systems complying with the 2022 NFPA Standard 72 shall be required.
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
RECOMMENDED ACTION
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1. Conduct a public hearing
2. Find this project statutorily exempt from CEQA pursuant to PRC Section 21080.66 (AB 130)
3. Adopt Resolution No. PC2026-003 approving the Major Site Development Review, Variance, and Vesting Tentative Tract Map
Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)
QUESTIONS?
Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@newportbeachca.gov
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Planning Commission - February 5, 2026 Item No. 2i Additional Materials Received Dover Townhomes (PA2025-0135)