Newport Beach City Council
October 25, 2022

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Planning Commission Regular Meeting Minutes
September 8, 2022
• Tentative Vesting Tract Map Amendment (NT2005-003): An amendment to Tentative Vesting Tract Map pursuant to Title 19 of the Municipal Code to create separate lots for the tennis club site; • Limited Term Permit Amendment (XP2011-004): A limited term permit to allow temporary use of structures during construction pursuant to Section 20.60.015 of the Municipal Code; • Development Agreement Amendment (DA2008-001): A second amendment to the Development Agreement between the Applicant and the City, pursuant to NBMC Sections 15.45 (Development Agreement), which would provide vested right to develop the proposed project while also providing negotiated public benefits and extend the term of Agreement for additional ten years; and • Addendum to the 2010 Mitigated Negative Declaration (ND2010-008): Pursuant to the California Environmental Quality Act ("CEQA"), the addendum addresses reasonably foreseeable environmental impacts resulting from the proposed development Recommended Action:

1. Conduct a public hearing;

2. Find that the Proposed Project will not result in any new significant impacts that were not previously analyzed in the adopted Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) for the Approved Project, and the addendum has been prepared to address reasonably foreseeable environmental impacts resulting from the Proposed Project; and

3. Adopt Resolution No. PC2022-022 recommending City Council approval of PA2021-260, which includes adoption of a Mitigated Negative Declaration Addendum, and approval of a General Plan Amendment, Local Coastal Land Use Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review Amendment, Coastal Development Permit Amendment, Vesting Tentative Tract Map Amendment, Limited Term Permit Amendment, and Development Agreement Amendment for The Tennis Club at Newport Beach Project located at 1602 East Coast Highway.

Commissioner Weigand recused himself due to the Levine Act for a campaign contribution.

Associate Planner Lee used a presentation to review the requested amendment to a previously approved project, project location, land use, previously approved project inclusions and site plan, 2012 approved entitlements, proposed amendment details and site plan, site plan comparisons, requested project entitlements, CEQA review, findings, an additional condition for future consideration for pickleball use, and recommended action.

In response to Vice Chair Ellmore's inquiry, Deputy Director Campbell noted that traffic, parking, and noise are focus areas for the City as pickleball courts develop and confirmed the tennis and pickleball parking ratio of four spaces to one court and 12 spaces to one court and the application is for tennis courts only.

In response to Secretary Rosene's question, Deputy Director Campbell stated that property development other than tennis courts would require future application and review.

Commissioners Lowrey, Harris, Secretary Rosene, and Chair Kleiman disclosed conversations with the property owner, applicant, and consultants. Vice Chair Ellmore disclosed no ex parte communication.

Chair Kleiman opened the public hearing.

Robert O'Hill, managing owner of Newport Beach Country Club, used a presentation to review the modifications included in the Bungalow and Lofts Plan B amendment, project renderings, Bungalow Loft first floor and top floor drawings, a floor plan for the Clubhouse and Bungalow Spa, and photos of the pool attendant area, fitness center desk area, men's and women's locker rooms, massage area, and koi pond area. Mr. O'Hill estimated City gains of $1,300,000, accepted the new condition, thanked staff for their work, and agreed to abide by the conditions established by the City.

In response to Chair Kleiman's request, Mr. O'Hill agreed with the conditions as drafted and the new conditions in the staff report.

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September 8, 2022
In response to Commissioner Harris' inquiry, Mr. O'Hill reported adequate parking accommodations and noted monetary investments to resurface tennis courts for conversion to pickleball courts.

Sean Abdali, The Tennis Club owner and operator, noted Newport Beach having the first private pickleball club in the world and today the largest, relayed having formed an event company to help run events, identified the different parking needs for pickleball and tennis users and electric bikes, and explained an agreement with the Irvine Company for parking space use Monday — Friday, at Corporate Plaza West on weekends and holidays, and Newport Beach County Club operators on Mondays. Furthermore, he noted a reduction in large events to accommodate parking availability, residential support of the plan to preserve the Club, and a reduction in noise with improved pickleball equipment in the future.

Paul Christ, Granville Community Association representative, shared enthusiasm for Mr. O'Hill's plans, concerns for pickleball noise causing reduced property value, suggested installing a sound blanket and a restriction on amplified sound, and questioned the surface area of the tennis and pickleball courts.

Tracey Miller represented Club members who are in opposition to the project and read their statements of concern.

Bret Feuerstein and Ryan Chase, 50 percent owners of The Tennis Club property, noted an arbitration in progress to determine if Golf Realty Fund has the authority to unilaterally process the application, opposed the proposed plan, thanked staff for their work, and expressed interest in finding a solution that enables The Tennis Club to grow and thrive, and noted a concern that there are no pickleball courts in the applicant's plan.

Jim Mosher expressed concern for clarity in the Land Use table of the General Plan Amendment relative to the specific allowable development at the "anomaly site," questioned the Greenlight analysis by the City, believed that the 2012 approval was not approved by the voters, and is of the opinion that a Greenlight vote is required for the amendment.

Denys Oberman commended staff for bringing up fluid items associated with the use, particularly, impacts of pickleball noise, events, and capacity within the City and requested the Planning Commission remand the plan to obtain a committal characterization of what is being proposed and assure compatibility with the surrounding area.

Mark Susson noted contradictions in the proposal and parking, noise, and traffic issues at The Tennis Club.

Deidre Machowski encouraged the Planning Commission to move forward with the plan.

Rogin Moore, The Tennis Club member and employee, challenged anyone claiming having received threatening emails from Mr. Abdali, noted meetings with members and Mr. Abdali to share the plans and gain input, and relayed no known opposition.

Mr. O'Hill clarified the participants that, in his opinion, supported the approval of the General Plan Amendment after two previous failed attempts.

Mr. Abdali addressed the noise issues.

At the request of Chair Kleiman, Deputy Director Campbell indicated that City Council policy is being followed and the amendment does not require a Greenlight vote, pickleball was not examined because it was not requested in the application and would be subject to review with the added condition if requested in the future, and special event permits are required for tournaments. Furthermore, he indicated that existing tennis court conversion requirements are dependent on how the tennis court was originally established, private court conversion requirements are left up to the Homeowner Associations, and an analysis to identify if the conversion is consistent with the entitlements would be required for this project along with environment, traffic, parking, and noise reviews.

Chair Kleiman clarified the multi -step process for approval of the project.

Chair Kleiman closed the public hearing.

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In response to Secretary Rosene's question, Deputy Director Campbell agreed that the plans are conceptual and noted that a plan check took place in 2016, more detailed designs have been put forth through the building division, and the applicant acknowledges an update to the drawings is needed to meet the new building code, indicated being comfortable moving forward with the recommendation, and assured the Commission that any deviations from standards in the drawings will be cleaned up at the plan check stage.

Commissioner Lowrey expressed comfort with the findings by staff and explanations of what the General Plan calls for and noted the popularity of pickleball among all ages, honoring the General Plan, and providing recreational facilities.

Vice Chair Ellmore concurred with Commissioner Lowrey and clarified that the project is for tennis courts.

Commissioner Lowrey noted that staff will need to identify the parameter for approval relative to pickleball court development.

Motion made by Commissioner Lowrey and seconded by Vice Chair Ellmore to approve the recommended action and the additional condition.

AYES: Ellmore, Harris, Kleiman, Lowrey, and Rosene
NOES: None
ABSTAIN: Weigand
ABSENT: Klaustermeier
ITEM NO. 4 BAY ISLAND GENERAL PLAN, ZONING CODE, LCP AMENDMENTS (PA2022-087) Site Location: Bay Island
Summary:

Amendments to the General Plan, Title 20 (Planning and Zoning), and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code increasing the development limit specified for Bay Island from 23 dwelling units to 25 dwelling units. The amendments were initiated by the applicant who seeks to return the maximum residential density of Bay Island to 25 units, consistent with prior entitlement under Use Permit No. UP3618.

Recommended Action:

1. Conduct a public hearing;

2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have significant effect on the environment; and

3. Adopt Resolution No. PC2022-023 (Attachment No. PC 1) recommending the City Council approve General Plan Amendment No. GP2022-001, Code Amendment No. CA2022-005, and Local Coastal Program Amendment No. LC2022-003.

Senior Planner Crager used a presentation to review the Bay Island amendments, Bay Island map, introduction/background, updated General Plan, Zoning Code, and Local Coastal Program maps, CEQA review, recommended action, and next steps.

Commissioner Weigand disclosed an island tour with Coralee Newman, Commissioners Lowrey and Vice Chair Ellmore disclosed no ex parte communications, Commissioner Harris and Secretary Rosene disclosed having spoken with the applicant, and Chair Kleiman disclosed having received a message from the applicant's consultant.

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Attachment H
Planning Commission Resolution No. PC2022-022
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RESOLUTION NO. PC2022-022

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY

COUNCIL APPROVAL OF AN ADDENDUM TO MITIGATED
NEGATIVE DECLARATION NO. ND2010-008, GENERAL PLAN

AMENDMENT, LOCAL COASTAL PROGRAM

IMPLEMENTATION PLAN AMENDMENT, PLANNED

COMMUNITY DEVELOPMENT PLAN AMENDMENT,
AMENDMENT TO MAJOR SITE DEVELOPMENT REVIEW NO.

SD2011-002, AMENDMENT TO COASTAL DEVELOPMENT
PERMIT NO. CD2017-039, AMENDMENT TO VESTING
TENTATIVE TRACT MAP NO. NT2005-003, AMENDMENT TO
LIMITED TERM PERMIT NO. XP2011-004, AND SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA2008-
001 FOR THE TENNIS CLUB AT NEWPORT BEACH LOCATED
AT 1602 EAST COAST HIGHWAY (PA2021-260)

THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:

SECTION 1. STATEMENT OF FACTS.

An application was filed by Golf Realty Fund, Managing Owner ("Applicant"), with respect to property located at 1602 East Coast Highway, and legally described as Parcels A, B, C, and D of Parcel Map No. 2016-151 (commonly referred as the 'Tennis Club Site" or "Property").

2. On January 24, 2012, the City Council authorized the redevelopment of the Property to include a reconstruction of the 3,725-square-foot tennis clubhouse, a reduction of tennis courts from 24 to seven (7) courts, and a construction of 27-room boutique hotel with 9,700 square feet of ancillary uses, and five (5) single-family residential units. On November 20, 2018, the Zoning Administrator approved Coastal Development Permit No. CD2017-039, authorizing the redevelopment if the subject property consistent with the 2012 approval (commonly referred to as "Approved Project").

3. The Applicant is requesting land use approvals to amend the Approved Project which consists of the following:
a. Increase the number of future tennis courts from seven (7) to eight (8); b. Increase the number of future hotel rooms from 27 to 41 rooms; c. Increase the gross floor area of ancillary hotel uses by 4,686 square feet; d. Provide three attached condominium units and two (2) single family residences in -lieu of five (5) single-family residences; and
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e. Amending the 2012 Development Agreement to account for the aforementioned changes to the Project along with extending the term of the 2012 Development Agreement for an additional 10 years ("Project").

The following approvals are requested or required in order to implement the Project:
a. General Plan Amendment ("GPA") — An amendment to Anomaly No. 46 of Table LU2 of the 2006 Newport Beach General Plan Land Use Element to document the conversion of 17 tennis courts to 27 hotel rooms authorized by City Council Resolution No. 2012-10, and the addition of 14 hotel rooms for a total of 41 rooms and one tennis courts for a total of eight tennis courts; b. Local Coastal Program Implementation Plan Amendment (" LCPA") — An amendment to NBMC Section 21.26.055.S.2 (Planned Community Coastal Zoning District Development Standards, Newport Beach Country Club (PC-47, Tennis Club) to modify the permitted uses and development standards allowed on the Property;
c. Planned Community Development Plan Amendment ("PCDP Amendment") — An amendment to Planned Community Development Plan No. 47 (Newport Beach Country Club Planned Community) to amend land use regulations and development standards on the Property;
d. Major Site Development Permit Amendment ("SDA") — An amendment to the existing site development review in accordance with PC-47 and NBMC Section

20.52.80 (Permit Review Procedures, Site Development Reviews) for the construction of the Project;
e. Coastal Development Permit Amendment ("CDPA") — A coastal development permit for the demolition of existing structures, further subdivision on the Property, and implementation of the Project;
f. Tentative Vesting Tract Map Amendment ("VTMA") — An amendment to Vesting Tentative Tract Map No. 15347 pursuant to Title 19 (Subdivisions) of the Newport Beach Municipal Code ("NBMC") for a lot reduction created for the Approved Project and inclusion of the condominium ownership;
g. Limited Term Permit Amendment ("XP") — A limited term permit to allow temporary use of structures during construction on the Property, pursuant to NBMC Section 20.52.040;
h. Development Agreement Amendment ("DA") — A second amendment to the Development Agreement (DA2008-001), between the Applicant and the City, pursuant to Sections 15.45.020(A)(2)(c) (Buildings and Construction ,Development Agreements Required, Development Agreement Required) and 15.45.070 (Buildings and Constructions, Development Agreements,
Amendment/Cancellation) of the NBMC, which would provide vested right to 15-204

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develop the Project for a term of ten years and provide negotiated public benefits to the City; and
Addendum to previously adopted Mitigated Negative Declaration No. ND- 2010-008 (SCH2O10091052) ("Addendum") — Pursuant to the California Environmental Quality Act ("CEQA"), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project.

4. The Property is designated Mixed -Use Horizontal 3/Parks and Recreation (MU-H31PR) by the General Plan Land Use Element and is located within the Newport Beach Country Club Planned Community (PC-47) Zoning District.

5. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal/Parks and Recreation (MU-HIPR) and it is located within the Newport Beach Country Club Planned Community (PC47) Coastal Zone District.

6. A public hearing was held on September 8, 2022 in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), California Government Code Section 65867 and Section

15.45.050 (Public Hearing -Notice) of the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

On March 27, 2012, the Newport Beach City Council approved Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred to as "MND") that addressed the potential environmental effects associated with the Approved Project. The MND was prepared in compliance with the California Environmental Quality Act as set forth in Section 21000 et seq. of the California Public Resources Code ("CEQA"), the State CEQA Guidelines set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations, ("CEQA Guidelines"), and City Council Policy K-3.

2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when a negative declaration adopted for a project, no subsequent negative declaration is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
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b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the negative declaration was adopted as complete, shows any of the following:

The project will have one or more significant effects not discussed in the previous negative declaration.
ii. Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration.
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

3. Although the Project necessitates an amendment to the General Plan due to the increased number of hotel rooms and tennis courts, there are no proposed changes to the land uses permitted per the General Plan land use designation. Additionally, based on the changes associated with the Project, there are no conditions that would require the preparation of a subsequent or supplemental MND. As a result, an Addendum to the MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines.

4. The following environmental topics were analyzed for the Project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Addendum includes analysis of new topics that were not included in the previous MND; specifically, it includes a new energy section and a new wildfire section. These additional analyses are appropriate for inclusion in the Addendum, but none result in new or increased significant impacts that would require preparation of a subsequent MND pursuant to Section 15162 of the CEQA Guidelines.
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5. On the basis of the MND and entire environmental review record, the additional tennis court, hotel rooms, ancillary hotel uses, and conversion of three (3) single-family residences to condominium units will not result in any new significant impacts that were not previously analyzed in the MND. The Addendum confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in the MND, or as mitigated by applicable mitigation measures in the MND. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the MND, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted MND is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the MND, as augmented by the Addendum for this Project, are considered as part of the record.

6. The Addendum to the MND, is hereby recommended for adoption by the City Council given its analysis and conclusions. The Addendum to the MND and related referenced documentation, constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California.

7. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges.

As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.

SECTION 3. REQUIRED FINDINGS.

General Plan Amendment
An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments.

Findinq and Facts in Support of Findings:

As part of the Approved Project, the City Council adopted Resolution No. 2012-10, which authorized the conversion of 17 tennis courts to 27 hotel rooms along with the redevelopment of the Property. The Approved Project included a 3,725-square-foot tennis clubhouse and seven (7) tennis courts, five (5) single-family residential units, and a 27-room boutique hotel with a 2,200 square -foot concierge and guest meeting facility and a 7,500 square -foot spa and fitness center. The City Council found that the 15-207

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conversion of tennis courts to hotel rooms is consistent with the General Plan based on the following:
a. The Project provides revitalization to Newport/Fashion Island area where the General Plan encourages additional hotel development and housing units; and b. The conversion does not create traffic impacts. At the time of the conversion, the 17 tennis courts generated 658 average daily trips based upon ITE Trip Generation Rates (71h edition), while the 27 hotel rooms generated 221 average daily trips, resulting in a net decrease of 389 daily trips.

2. The Project includes a GPA to amend the development limits for Anomaly 46. The development limits will be updated to reflect 27 hotel rooms which has been approved by the conversion of 17 un-used tennis courts and seven (7) remaining tennis courts, as part of the Approved Project. The GPA will also include the proposed 14 additional hotel rooms and one tennis court. Together, a total of 41 hotel rooms (27+14=41 rooms) and eight tennis courts will be included in Anomaly 46. No change to the 3,725-square-foot tennis clubhouse is proposed. The GPA does not include a change in land use designation and would remain as Mixed -Use Horizontal 3/Parks and Recreation (MU- H3IPR).

3. The Project GPA is consistent with the following City of Newport Beach General Plan Land Use policies, applicable to the Project (additional policy analysis is included in the MND Addendum attached hereto as Exhibit "A"):
a. Land Use Element Policy LU1.1(Unique Environment). Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds.

The Project includes an amendment to the PC-47 District regulations on the Tennis Club site and reflects the proposed development on the Property. PC-47 will continue to guide development occurring within the Property. The development standards address building height, setbacks, landscaping, and architectural character. The standards are intended to ensure that the City's unique character is maintained through land use and architectural diversity. b. Land Use Element Policy LU1.2 (Citywide identity). While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region.

The area in which the Property is located is characterized by a variety of residential, commercial, and recreational land uses that reflect a range of architectural styles, which contribute to the unique character of the City. The intensity and architectural character of the Project are compatible with the variety 15-208

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of densities and styles within the area, which are consistent with the identity of the City. The architectural character of the Project, including the bungalow -style hotel rooms, detached residential units, and attached residential loft buildings, is consistent with the City's desire to differentiate Newport Beach from other coastal cities.
c. Land Use Element Policy LU2.1 (Resident -Serving Land Uses).

Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces.

The Project will continue to provide residents with recreational opportunities, culture, entertainment, and civic engagement. The proposed amendment remains supportive of recreational uses by providing one additional tennis court to the previously approved seven (7) courts. The amendment also includes an additional 14 hotel rooms to the previously approved 27-unit hotel development with additional hotel amenities for club members such as a Performance Therapy Center and Yoga Pavilion.
d. Land Use Element Policy LU.2.6 (Visitor Serving Uses). Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents
The Project provides visitors with an updated recreational facility as it includes a new tennis clubhouse and eight (8) tennis courts, which includes a stadium size court. The tennis club is adjacent to a golf course with amenities and is within 2,000 feet from the Newport Bay. The proposed 41 hotel rooms provide additional opportunities for visitors to enjoy the tennis club and nearby recreational activities.
e. Land Use Element Policy LU3.2 (Growth and Change). Enhance existing neighborhoods, districts, and corridors, allowing for reuse 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 character of the tennis club, hotel development, and residential units are compatible with the existing land uses and development intensities of the surrounding area. Although the additional 14 hotel rooms and one (1) tennis court 15-209

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requires amendments to adopted plans and regulations, the existing tennis club and hotel development that are the substance of the Approved Project are allowed under the existing General Plan. The Project has been designed to be compatible with the existing residential, commercial, and recreational uses located within the vicinity of the project site. In addition, the surrounding area is adequately served by existing infrastructure, including circulation, water, sewer, and storm drainage systems. As a result, the implementation of the Project will not adversely affect those systems or the provision of adequate service to nearby development.
f. Land Use Element Policy LU3.3 (Opportunities for Change). Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: Fashion island/Newport Center: expanded retail uses and hotel rooms and development of residential in proximity to jobs and services, while limiting increases in office development.

The Project provides enhancement to the Property, which is currently being used exclusively as a tennis club, to include 41 hotel rooms and ancillary uses, and five residential units. The Project retains a total of eight tennis courts and the reconstruction of the Tennis Clubhouse. The Project will be utilized as a recreational facility for residents, guests, and club members. g. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate land use development consistent with the Land Use Plan.

The Project is consistent with the designation of the General Plan Land Use Element, which designates the Property as MU-H31PR. The Property is located within Anomaly 46, which allocates 24 tennis courts with residential permitted in accordance with the MU-1-13 designation. The GPA includes an amendment to the Development Limit (Other) of Anomaly 46, to reduce the number of tennis courts to eight (8) and to include 41 hotel rooms.
h. Land Use Element Policy LU5.1.2 (Compatible Interfaces). Require that the height of development in nonresidential and higher -density residential areas transition as it nears lower -density residential areas to minimize conflicts at the interface between the different types of development.

Although the Property is not located adjacent to lower density residential development, the Project has been designed to respect the proximity of the existing residential development adjacent to the Property. The amended PC-47 prescribes maximum building heights and setback requirements for each of the development components to ensure land use compatibility. Building heights for the proposed structures will range from 46 feet for the attached residential loft buildings, 39 feet for the detached residential units, 31 feet for the hotel rooms, and 30 feet for the tennis clubhouse, which are within the maximum 50-foot building height allowed by PC-47.
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Land Use Element Policy LU (5.3.3). Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with Policies 5.1.9 and 5.2.1 and planned to assure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non-residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements.

The Project includes one additional tennis court to the tennis club, 41 hotel rooms, two (2) single family residences, and three (3) residential condominium units. The Project provides adequate parking for each of the proposed uses. Vehicular and pedestrian circulation has been designed to accommodate the residents, as well as guests and members of the tennis club and hotel development. The architectural character of the uses is defined in PC-47 to ensure that compatibility between proposed uses and the surrounding area is maintained. f Land Use Element Policy LU5.3.4 (Districts Integrating Residential and Nonresidential Uses). Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non- residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses.

Each of the uses has been designed to complement the overall Project. The uses are connected by the vehicular and pedestrian circulation system, including sidewalks and pedestrian pathways. Land use compatibility is achieved through a common landscape theme and design guidelines in PC-47 to ensure that the architectural integrity of the Project is not compromised. k. Land Use Element Policy LU6.14.2 (Newport Center). Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2.

The Project has a mix of land uses including single-family residential, attached residential condominiums, recreational tennis club facilities, and visitor -serving commercial uses. These uses are permitted in Table LU1 under the MU-H31PR land use designation. The GPA proposes to amend the development limits of Table LU2 to include eight (8) tennis courts and 41 hotel rooms.

1. Land Use Element Policy LU6.14.6 (Pedestrian Connectivity and Amenity).

Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses.

The Project provides for both pedestrian and vehicular access within the Property. Sidewalks and pedestrian pathways are incorporated into the circulation system that are intended to accommodate pedestrians utilizing the 15-211

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tennis club, hotel facilities, and future residents. A landscape plan has been provided which includes plant materials that are intended to reflect and complement the existing character within the project area.

4. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that twelve (12) tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on June 9, 2022.

California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until the 90-day period expires on September 7, 2022.
423 Charter Analysis
Finding:

Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units.

These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years.

Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for ten (10) years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above.

Facts in Support of Findings:

1. The Property is within Statistical Area L1. Prior amendments within the past ten (10) years are Vivante Senior Housing and Residences at Newport Center. Charter Section 423 counts 80 percent of prior increases, which results in a cumulative increase of 94 dwelling units, 23 AM trips, and 43 PM trips between both projects. There were no square footage increases.

2. The GPA results in an increase of 14,000 square feet (at the rate of 1,000 square feet per hotel unit) of non-residential floor area, 9.51 AM trips, and 12.42 PM trips. When combined with 80 percent of the prior increases, this results in cumulative increases of 14,000 square feet of non-residential floor area, 32.51 AM trips, and 55.42 PM trips. As 15-212

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none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the GPA.

Local Coastal Program Amendment
Finding:

As set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the Coastal Zone within its jurisdiction. The California Coastal Commission effectively certified the City's LCP Implementation Plan on January 13, 2017, and the City of Newport Beach ("City") added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the NBMC whereby the City assumed coastal development permit -issuing authority as of January 30, 2017.

Facts in Support of Findings:

An amendment to Title 21 is necessary to revise Section 21.26.055(S), specifically referring to the Newport Beach Country Club Planned Community (PC47) development standards of the "Tennis Club", "The Villas", and "The Bungalows":

Tennis Club - The LCPA increases the density and intensity limit for the number of tennis courts from seven (7) to eight (8) courts. The additional tennis court increases the minimum required parking from 28 spaces to 32 spaces. There is no change to the 3,725-square- foot limit for the Tennis Clubhouse.
2, The Residential (Villas) - The number of residential units remains unchanged. However, the LCPA converts three (3) of the five (5) single-family residences to attached residential condominium !nits. Therefore, the amendment revises the density and intensity limit for The Villas from five (5) to two (2) single family residences and removes previous development standards for Villas C, D, and E. The LCPA also includes new development standards for attached residential condominiums, which have a density limit of three (3) units and maximum gross floor area of 15,035 square feet. The maximum height allowed for the attached residential buildings is 46 feet. The buildings are required to be set back five (5) feet from any property line. The remaining single-family residences require a minimum of two enclosed parking spaces and one guest parking space per unit, while the proposed attached condominiums require a minimum of three enclosed parking spaces and one guest parking space per unit.

3. The Hotel (Bungalows) - The LCPA revises the density and intensity limits for the bungalows from 27 to 41 short-term guest rental rooms. Additionally, the maximum allowable gross floor area increases from 28,300 to 47,484 square feet. Square footage for ancillary hotel uses are also included. A minimum of one (1) space per hotel unit is required.

4. The LCPA is consistent with other applicable land use policies of the Coastal Land Use Plan as provided below:
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a. Coastal Land Use Element Policy 2.1.2-1 (District/Corridor Policies).

Development in each district and corridor shall adhere to policies for land use type and densitylintensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8.

The MU-HIPR designation allows horizontally -distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi -family residential, visitor -servicing and marine -related uses, buildings that vertically integrate residential with commercial uses, and active public or private recreational uses, including parks, golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.

The Project is consistent with the land use designation on the adopted Coastal Land Use Plan, which designates the subject property MU-HIPR (Mixed Use Horizontal/Parks & Recreation). The Project includes a mixture of uses which include a tennis club and eight (8) tennis courts, a 41-unit hotel development and ancillary uses, and five (5) residential units. All of these uses are intended to provide an updated recreational facility to serve the residents and visitors of the City. Additionally, the residential units will supplement the City's housing supply. c. Coastal Land Use Element Policy 2.1.8-1 (Balboa Bay Tennis Club). Allow the horizontal intermixing of short-term rental units and single-family homes with the expanded tennis club faculties. Permitted uses include those permitted by the MU-H and PR categories.

The Project includes the mix of 41 hotel rooms with five (5) residential units, which consists of two (2) single-family residences and three attached condominium units. The hotel and residential uses are consistent with both the MU-H and PR categories.

5. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, drafts of the LCPA were made available and a Notice of Availability was distributed on August 1, 2022 at least six (6) weeks prior to the anticipated final action date.

Planned Community Development Plan Amendment
The Property has a zoning designation of PC-47, which was adopted in 1997 by Ordinance 97- 10 as a part of the City-wide amendment to the districting maps in order to be consistent with the 1988 General Plan Land Use Element and Zoning Code. Development regulations through a Planned Community District Development Plan was not adopted when the PC District zoning designation was assigned to the Property.

On March 27, 2012, the City Council adopted a Planned Community Development Plan (PCDP), which is the zoning document to PC-47 to provide use regulations, density and intensity of the proposed uses, and very specific development regulations (building height, 15-214

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square footage, setbacks, and parking standards). The PCDP included architectural styling and a complete internal vehicular and pedestrian circulation system for both the Golf and Tennis Club sites. PC-47 also includes site development review regulations to ensure new development proposals within the Newport Beach Country Club are consistent with the goals and policies of the General Plan, provisions of PC-47, and the approved Development Agreement_
Findings:

An amendment to PC-47, which is the zoning document for the Property, is a legislative act.

Neither PC-47, Chapter 20.66 (Planning and Zoning, Amendments) and Chapter 20.56 (Planning and Zoning, Planned Community District Procedures) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments.

Facts in Support of Findings:

The proposed amendment to PC-47 to allow an additional 14 hotel rooms and ancillary uses, one tennis court, and the conversion of three of five single-family dwelling units to condominiums is consistent with the intent of PC-47 and the purpose of Planned Community Districts as specified in NBMC Section 20.56.010 (Planning and Zoning, Planning Community District Procedures, Purpose) for the following reasons:

The Project is consistent with the intent and purpose of PC-47 in that the tennis club, hotel, and residential uses and their development standards have already been allowed and in place on the Property. The proposed changes to the building height, setbacks, and parking standards in order to accommodate the Project are within the development standards in place for the Approved Project.

2. PC-47 provides guidelines for architectural design to include coordinated and cohesive architecture which exhibits quality that is keeping with the surrounding area in Newport Center. The Project includes additional hotel rooms and two (2) attached residential condominium loft buildings. The proposed additions have consistent architecture with the Approved Project, which has cohesive architectural features that include smooth plaster exterior siding, clay -tile roofs, and stone veneer exterior accent finishes.

3. PC-47 permits structures to be a maximum of 50 feet in height. The Project includes two (2) attached residential condominium loft buildings which features condominiums on the third level atop of a two (2)-level hotel building. The loft buildings are proposed at a maximum of 46 feet high and comply with the height limit. All other structures are consistent with the maximum heights prescribed in PC-47. 15-215

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Site Development Review Amendment
On January 24, 2012, the City Council approved Site Development Review No. SD2011-002, which authorized the construction of Approved Project. The proposed changes to the Approved Project, necessitate the SDA.

In accordance with Section 4.0 of PC-47 (Site Development Review), the following findings and facts in support of such findings are set forth:

Finding:

A. The Site Development Plan shall be in compliance with all other provisions of the Newport Beach Country Club Planned Community Development Plan.

Facts in Support of Finding:

PC-47 requires that a site development review process to be completed for construction of any new major building structure located on the subject site and would require consideration and approval by the Planning Commission prior to the issuance of grading or building permits. An amendment to the previously approved site development review has been submitted for the Property and meets provisions stated in the draft PCDP and thereby meets the intent specified in Section 20.52.080 (Planning and Zoning, Permit Review Procedures, Site Development Reviews) of the NBMC.

The Project includes an amendment to the PC-47 to incorporate revisions to the Approved Project. These revisions include the addition of one (1) tennis court, the addition of 14 hotel rooms, and the conversion of three (3) single-family residences to residential condominium units. Should the PC-47 amendment be approved, the SDA complies with all provisions of the PC-47, as the proposed development complies with all development criteria specified in the PC-47 in order to provide a coordinated, cohesive, and comprehensive large-scale planning project.

Finding:

B. The Site Development Plan shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City.

Fact in Support of Finding:

The architecture, landscaping components, circulation design, and all other project components reflected in the SDR are compatible with the character of the neighboring uses and surrounding sites. The additional 14 hotel rooms and attached residential condominium buildings are of similar architectural style to the Approved Project's bungalow -styled rooms. As a result, the Project is not detrimental to the orderly and harmonious development of the surroundings and the City. 15-216

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Finding:

C. The Site Development Plan shall be sited and designed to maximize of aesthetic quality of the Newport Beach Country Club Planned Community Development Plan as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on East Coast Highway.

Facts in Support of Finding:

The Property is separated from East Coast Highway by a commercial office plaza which comprises of three two-story office buildings (1200 Newport Center Drive). The office plaza includes landscaping along East Coast Highway with trees and various plantings.

The Newport Beach Country Club golf clubhouse is located approximately 150 feet west of the Property. Additionally, the Property is approximately 250 feet from East Coast Highway and is not visible to motorists travelling on the street.

2. The Project is designed consistent with the Approved Project's architectural style with landscaping, circulation, signage and other components which visually connect the tennis clubhouse and attached residential structures to the smaller structures such as the hotel rooms and single-family residences. Therefore, the aesthetic quality of PC-47 is continued to be maximized as viewed from the surrounding roadways and properties.

3. The Project seeks to add additional hotel rooms, ancillary hotel uses, and attached residential buildings to the Property. However, the overall footprint of the Approved Project is not expanding and will not affect the mass of the Project as viewed from surrounding roadways and properties.

Finding:

D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development.

Facts in Support of Finding:

The site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping, and other site features maximizes the functionality of the proposed uses, while avoiding conflicts between uses and activities. The Project's multiple components (tennis club, residential, and hotel) have been designed and sited to function cohesively not only with each other, but also with the adjacent existing golf course uses.

2. The Project promotes additional functionality between residential and hotel components, as residential condominiums are attached to hotel rooms in two (2) separate loft buildings, Underground parking is provided in the loft buildings, with additional street parking and parking lots to serve hotel and tennis club guests. Each of the two (2) single- family residences provide a two (2)-car garage to serve its residents. 15-217

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Coastal Development Permit Amendment
On April 10, 2013, the California Coastal Commission, which had permitting jurisdiction for coastal development permits at the time, issued a notice of intent to issue CDP No. 5-12-160 for the Approved Project. A one (1)-year extension was granted on June 2, 2015. However, the CDP subsequently expired. The City obtained CDP permitting authority in January of 2017. On November 20, 2018, the City's Zoning Administrator approved the CDP, which authorized the redevelopment of the Approved Project. The Project requires an amendment to the previously approved CDP.

In accordance with Section 21.52.015(F) (Local Coastal Program Implementation Plan, Coastal Development Review Procedures, Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:

Finding:

E. Conforms to all applicable sections of the certified Local Coastal Program.

Facts in Support of Finding:

The Coastal Land Use Plan designates the Tennis Club site as Mixed -Use Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land Use Plan allows the horizontal intermixing of hotel rooms, single-family residences, attached residential condominiums, and tennis club facilities on the project site (formerly known/referenced as the Balboa Bay Tennis Club). Permitted uses include those permitted by the MU-H and PR land use designations. A complete consistency analysis of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the Land Use and Planning Section of the previously adopted Mitigated Negative Declaration (MND), pages 82 through 87, as well as in Table 5-5 of the Land Use and Planning Section of Addendum to the MND. Furthermore, facts have been provided in this Resolution which support the proposed amendment to the Local Coastal Program Implementation Plan. In summary, the proposed project is consistent with the Coastal Land Use Plan.

2. The MU-H coastal land use designation identifies a maximum density/intensity limit of

1.5 floor area ratio ("FAR"), with a minimum FAR of 0.25 and a maximum FAR of 0.5 for retail uses and a maximum of 1.0 for residential. The Project proposes 65,595 square feet of nonresidential floor area (approximately 0.21 FAR) for the hotel rooms, concierge & guest center, and ancillary hotel uses which include a performance therapy center, yoga pavilion, office, common area, and a spa and fitness center. Additionally, five (5) residential dwelling units totaling 20,653 square feet (approximately 0.06 FAR). The proposed density/intensity of the hotel and single-family units comply with the FAR limitations identified in the Coastal Land Use Plan.

3. The PR category applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, 15-218

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marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The PR designation on this site is applicable to the existing and proposed private tennis club and tennis courts. The density/intensity limitations include incidental buildings, such as maintenance equipment sheds, supply storage, and restrooms, not included in determining intensity limits. The proposed tennis club and ancillary uses are consistent with this land use designation.

4. The Property is part of the 145-acre planned community (PC-47), which has been adopted to regulate developments within the Property and the adjacent Golf Club Site, and is in conformance with the Coastal Land Use Plan designation pursuant to Section

21.26.055(S)(2) of the Local Coastal Program Implementation Plan.

5. The Project conforms to all applicable development standards in the proposed amendment to PC-47, including density/intensity, setbacks, building heights, and parking.

6. The Property is not located in an area known for the potential of seismic activity or liquefaction. All projects are required to comply with the California Building Code ("CBC") and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance.

7. Elevations on the Property range from 104 feet up to 120 feet North American Vertical Datum of 1988 (NAVD88) above mean sea level. These site elevations are well above projected sea level rise in Newport Bay for the next 75 years and the site is not subjected to other coastal hazards.

8. The Project is required to develop and implement a Stormwater Pollution Prevention Plan ("SWPPP") since the Project involves clearing, grading, and ground disturbance of more than one acre. Pursuant to Section 21.35.030 (Local Coastal Program Implementation Plan, Water Quality Control, Construction Pollution Prevention Plan) of the NBMC, when a SWPPP is required, a Construction Pollution Prevention Plan ("CPPP") is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been prepared and will be reviewed by the City's Engineer Geologist prior to issuance of grading/building permits for site grading. Construction plans and activities will be required to adhere to the approved CPPP/SWPPP.

9. A Water Quality and Hydrology Plan (WQHP) is required Pursuant to Section 21.35.050 (Local Coastal Program Implementation Plan, Water Quality Control, Water Quality and Hydrology Plan) of the NBMC since the Project is considered a development of water quality concern and includes the development of five dwelling units, more than 10,000 square feet of impervious surface area, and a parking area in excess of 5,000 square feet. The WQHP/WQMP will be reviewed and approved by the City's Engineer Geologist 15-219

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prior to the issuance of building permits for site grading. The WQHPNVQMP includes a polluted runoff and hydrologic site characterization, a description of site design BMP's, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP/WQMP prior to building permit issuance.

10. An Analysis of the Fiscal and Economic Impacts was prepared on August 29, 2022, by Kosmont Companies to analyze the construction of new visitor accommodations in the coastal zone in accordance with the requirements of Section 21.48.025 (Local Coastal Program Implementation Plan, Standards for Specific Land Uses Visitor Accommodations) of the NBMC. The report provides a feasibility analysis stating that the anticipated average daily room rate for all 41 rooms is approximately $920 and the statewide average daily room rate is $205.69. Therefore, the proposed accommodations are not considered lower cost accommodations. The report considers the specific location of the Property as an inappropriate location for low cost accommodations.

Additionally, low cost accommodations are not feasible due to prohibitive land and construction costs. The Property does not currently provide accommodations of any kind and implementation of the Project would not impact low-cost accommodations. While the Project does not include any lower cost rooms, and the Local Coastal Program Implementation Plan defines it as an impact, there is no impact on the provision of lower - cost visitor accommodations in the Coastal Zone. The Project features larger guest facilities to accommodate a higher occupancy per room, kitchens in a majority of the hotel rooms, and separate living rooms with sofa beds, all which offset higher costs of accommodations.

Findinq:

F. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.

Fact in Support of Finding:

The Property is not located between the nearest public road and the sea or shoreline.

The Property will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to Newport Bay is available via existing public access at 1601 Bayside Drive, which is located approximately 1,600 feet southwest of the subject property.

2. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the closest public view road as Newport Center Drive, located approximately 170 feet east of the Property and the closest public viewpoint as Irvine Terrace Park, located 525 feet south of the Property. Coastal views from these view corridors and viewpoints are directed toward the Newport Bay and the Pacific Ocean. Since the Property is located to the north of Irvine Terrace Park, the Project will not affect coastal views due to its orientation. From Newport Center Drive, there is a zero to 40-foot grade difference to the project area below. The maximum height allowed in PC-47 is 46 feet for the attached 15-220

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condominium lofts, 39 feet for the two (2) single-family residences, 30 feet for the tennis clubhouse, and 31 feet for the hotel rooms. Therefore, the majority of the Project would sit below the existing grade elevations along Newport Center Drive, minimizing the visibility of the project site and would not obstruct public coastal views. During construction, construction equipment would be obscured by vegetation and the grade differential so it would not obstruct coastal views from motorists traveling along Newport Center Drive. The Project will not impact coastal views.

Vesting Tentative Tract Map Amendment
On January 24, 2012, the City Council approved Vesting Tentative Tract Map No. 15347, which authorized the creation of seven separate lots for the tennis club, 5 single-family residences, and 27 hotel rooms, and lettered lots for common areas and a private street. The Applicant proposes an amendment to the vesting tentative tract map to accommodate the Project, which consists of two (2) single -unit residential dwellings, three (3) residential condominiums, 41 hotel rooms, a tennis clubhouse, their common open space areas and a private street to support the proposed uses. The VTMA reflects the combination of two (2) previously divided lots which were intended for two (2) detached single-family residences. This results in the elimination of one lot for a total of six (6) separate lots. No changes to the lots created for common areas and a private street are proposed. The map of the VTMA has also been modified to include residential condominium portion of the Project.

In accordance with Section 19.12.070 (Subdivisions, Tentative Map Review, Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, and the following finding and facts in support of such findings are set forth -
Finding:

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.

Facts in Support of Finding:

The Project is consistent with the MU-H31PR General Plan designation of the site.

2. The Public Works Department has reviewed the proposed revisions to the approved vesting tentative tract map and determined it is consistent with the Title 19 and applicable requirements of the Subdivision Map Act.

3. Conditions of approval have been included to ensure compliance with Title 19.

Finding:

B. That the site is physically suitable for the type and density of development.

Facts in Support of Finding:
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The Property is entirely developed and does not support any environmental resources.

2. The Property is located in the Newport Center and Fashion Island area. The Property is currently improved with a private tennis club. Given its location, this site is ideal for the development of a recreation and mixed -use project as allowed by the General Plan Land Use Element.

Finding
C. That the design of the subdivision or the proposed improvements will not 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.

Fact in Support of Findin :

An Addendum to the MND has been prepared and concludes that no significant environmental impacts will result with the Project development of the Property in accordance with the proposed subdivision map revision.

Finding:

D. 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:

The VTMA is required for the subdivision of parcels in order to accommodate the development of the tennis club and courts, two (2) single -unit residential dwellings, and 41 hotel rooms on the Property. All construction for 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 of the NBMC and Section 66411 of the Subdivision Map Act. Compliance with all ordinances of the City and all Conditions of Approval for the Project will ensure that the Project will not cause any serious health problems.

2. All mitigation measures will be implemented as outlined in the Addendum to the MND to ensure the protection of the public health.

3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems.
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Finding:

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 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 easements 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.

Facts in Support of Finding:

The design of the Project will not conflict with any easements acquired by the public at large for access through or use of property within the Property.

2. An easement through the Property will be retained by the City to sewer and utilities purposes.

3. No other public easements for access through or use of the Property have been retained for use by the public at large.

Finding:

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.

Fact in Support of Finding:

The Property is not subject to the Williamson Act since the Property is not considered an agricultural preserve and is less than 100 acres.

Finding:

G. That, in the case of a `land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision -making body finds that the proposed land project is consistent with the specific plan for the area.

Facts in Support of Finding:
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The Property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code.

2. The Property is not located within a specific plan area.

Finding:

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.

Fact in Support of Finding:

The VTMA and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process.

Findinq
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 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.

Facts in Support of Finding:

The proposed amendment to Vesting Tentative Tract Map 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 need. The Project does not involve the elimination of residential rooms and therefore will not affect the City's ability to meet its share of housing needs.

2. Public services are available to serve the Project and the Addendum to the MND prepared for the Project indicates that the project's potential environmental impacts are properly mitigated.

Finding.-
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.

Facts in Support of Finding:

1. Waste discharge into the existing sewer system will be not violate Regional Water Quality Control Board (RWQCB) requirements.
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2. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code.

Finding-
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.

Facts in Support of Finding:

The Property is located in the Coastal Zone and subject to a coastal development permit.

2. The Property does not have access to any beaches, shoreline, coastal waters, tidelands, coastal parks or trails.

3. Facts in support of Findings E and F are hereby incorporated by reference.

Limited Term Permit
In accordance with Section 20.52.040 (Planning and Zoning, Permit Review Procedures, Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth:

Finding:

A, The operation of the limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use;
Facts in Support of Finding:

The limited term permit will allow two (2) temporary modular trailers and portable toilets.

Both modular trailers are approximately 33 feet long and 13 feet wide. One (1) modular trailer is proposed to be used as a construction office located at the southwest portion of the Property and will be staged at this location through the entire duration of the Project. The second modular office is proposed to be used as a temporary office for tennis club operations and will be located on the easterly portion of the Property through the construction phase of the project (approximately 16 months after construction begins). The portable toilets are proposed to serve the temporary tennis club office and located nearby.
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2. The operation of the temporary modular trailers is proposed to exceed 90 days from the date of the permit. The construction office is proposed to be staged for the duration of all construction activities, which is estimated to be approximately 20 months. The tennis club office is proposed to be staged for approximately 16 months, and will be removed upon completion of the Project.

Finding-
B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot,
Facts in Support of Finding:

The Property is approximately seven (7) acres in size. Based on the construction phasing plan, there is adequate area to accommodate the proposed modular trailers and portable toilets throughout the various phases of construction. The construction trailer will be located within an area which is fenced off from public view and access.

Finding:

C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate, -
Facts in Support of Finding:

The Property has an existing parking lot with two (2) entrances currently taken from Clubhouse Drive, which has a westerly outlet to East Coast Highway and an easterly outlet to Granville Drive and Newport Center Drive.

2. During the various phases of construction, the easterly entrance to the parking lot will remain available to the public for parking and will provide direct access for the modular office trailer and portable toilets, while the westerly entrance will be for construction access only. The construction trailer is intended for construction use only and not for the public. There are no traffic issues anticipated.

Finding:

D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the Zoning Administrator, and
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Facts in Support of Finding:

The proposed trailers will not create additional parking demand since it will be utilized as offices for construction activities and employees displaced during the renovation of the tennis clubhouse.

2. A portion of the existing parking lot will remain, with access available on the easterly side of the lot from Granville Drive and Newport Center Drive. The remaining parking lot provides adequate parking for employees and members of the tennis club.

Finding:

E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations.

Facts in Support of Finding:

1. The temporary trailers are conditioned to comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations.

2. The Property is not located within a specific plan area.

Develor)ment Agreement Amendment
On March 27, 2012, the City Council of the City of Newport Beach ("City") adopted Ordinance No. 2012-3 approving Development Agreement No. DA2008-001 ("Agreement") between the City and the Applicant for the Approved Project. The Agreement was executed and recorded, as document number 2014000036369 on January 29, 2014, with a ten-year term.

On July 12, 2022, the City Council adopted Ordinance No. 2022-16, approving First Amendment to Agreement to extend the term of the Agreement by one (1) year.

Finding:

In accordance with Section 15.45.020(A)(2)(c) (Buildings and Construction, Development Agreement, Development Agreement Required) of the NBMC, an amendment to the DA is required as the Project, which includes an amendment to PC-47 and a General Plan Amendment to increase the number of hotel rooms from 27 to 41 rooms, which is new non- residential development in Statistical Area L1 (Newport Center/Fashion Island). Additionally, the Applicant requests an additional 10-year term of Agreement, pursuant to Section 15.45.070 (Buildings and Construction, Development Agreement, Amendment/Cancellation) of the NBMC. The Second Amendment to the Agreement satisfies the requirements of Chapter 15.45 (Buildings and Construction, Development Agreements) of the NBMC as follows:
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Planning Commission Resolution No, PC2022-022
Paae 26 of 43
Facts in Support of Finding:

1. The Second Amendment provides assurance that the Applicant may proceed with the Project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the Second Amendment to the Agreement helps the Applicant avoid a waste of resources and escalated costs of the Project while encouraging a commitment to private participation in comprehensive planning.

2. The Second Amendment to the Agreement specifies the term of Agreement to be extended for a period of ten (10) years, as well as the updated permitted uses, density and intensity, and maximum height and size of proposed buildings, consistent with the Approved Project. Additionally, the Second Amendment to the Agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq.

3. Public benefits include the payment of ninety-three thousand dollars ($93,000) per each residential dwelling unit and ten dollars ($10) per square foot of construction for the tennis clubhouse.

SECTION 4. DECISION.

NOW, THEREFORE, BE IT RESOLVED:

1. The Planning Commission of the City of Newport Beach hereby recommends the followings to the City Council:
a. Adopt Mitigated Negative Declaration Addendum No. ND2022-001 to Mitigated Negative Declaration No. ND2010-008 and Errata to Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052), as depicted in Exhibit "A"; b. Approve General Plan Amendment, as depicted in Exhibit B; c. Approved Local Coastal Program Implementation Plan Amendment; as depicted in Exhibit C
d. Approve Planned Community Development Plan Amendment, as depicted in Exhibit D;
e. Approve amendment to Major Site Development Review No. SD2011-002, with conditions of approval as depicted in Exhibit F;
f. Approve amendment to Coastal Development Permit No. CD2017-039 with conditions of approval as depicted in Exhibit F;
g. Approve amendment to Vesting Tentative Tract Map No. NT2005-003, with conditions of approval as depicted in Exhibit F
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Planning Commission Resolution No. PC2022-022

h. Approve amendment to Limited Term Permit No. XP2011-004, with conditions of approval as depicted in Exhibit F; and
i. Approve Second Amendment to Development Agreement No. DA2008-001, as depicted in Exhibit E.

PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF SEPTEMBER, 2022.

AYES: Ellmore, Harris, Kleiman, Lowrey, and Weigand
NOES: None
RECUSED: Weigand
ABSENT: Klaustermeier
BY:

Lauren Kleiman, Chairman
BY: '-'ZZ
Mark Rosene, Secretary
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Planning Commission Resolution No. PC2022-022
Pape 28 of 43
EXHIBIT "A"
ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. ND2010-008 AND ERRATA TO MITIGATED NEGATIVE DECLARATION NO. ND2010-008 (SCH NO. 2010091052) Available separately due to bulk at:
www.newportbeachca.g oq v/cegaa
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Planning Commission Resolution No. PC2022-022
Paqe 29 of 43
EXHIBIT "B"
GENERAL PLAN AMENDMENT TO ANOMALY NO. 46 OF TABLE LU2 OF THE 2006

NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
15-231

Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (so
Development
Limit Other
Additional Information
46 L1
MU-H31PR
3,725
8 Tennis
Residential permitted
Courts
in accordance with
MU-H3
41 Hotel
*27 rooms converted
Rooms*
from 17 tennis courts
per Council
Resolution 2012-10
and 14 rooms per
General Plan
Amendment PA2022-
260
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Planning Commission Resolution No. PC2022-022
Paae 30 of 43
EXHIBIT "C"

LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AMENDMENT
15-233

Local Coastal Program Implementation Plan Amendment Related to Development Standards of the Tennis Club portion within the Newport Beach Country Club Planned Community (PC-47) (PA2021-260)
Amend Section 21.26.055.S (Newport Beach Country Club) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows:

S. Newport Beach Country Club (PC-47).

2. Tennis Club.
a. Density/intensity limit: seven eight (8) tennis courts; and three thousand seven hundred twenty-five (3,725) square foot clubhouse.
b. Height: thirty (30) feet for clubhouse.
c. Parking: twenty-eight (28) spaces thirty-two (32) spaces

3. Residential.
a. Detached Residential (Villas)
i. Dens ityli ntens ity limit: two single-family dwelling units. ii. Development Standards:

Villa Designation
Villa A (TTM Lot #1)
Villa B (TI'M Lot #2)
Lot Size
5,000 square feet minimum
Lot Coverage (Maximum)
70%
65%
39 feet, measured in accordance with the Height and Grade Building Height
definition of Section 2.0 General Conditions and
Regulations
Building Side Yard Setbacks
3 feet minimum
Building Front and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking Space for
2 2
Each Unit
Open Guest Parking Space
One space - could be located on the private driveway — No for Each Unit
overhang to the private street/cul-de-sac is allowed
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b. Attached Residential (Condominiums)
i. Density/intensity limit: three (3) attached residential units. ii. Setbacks: five (5) feet from any property line.
iii. Height: forty-six (46) feet (to be located atop of the 2-story hotel buildings).
iv. Parking: three (3) enclosed spaces and one guest space per dwelling unit.
4 (The BwAgak ..s Hotel
a. Density/Intensity Limit: forty-one (41) short-term guest rental Units rooms.

The maximum total allowable gross floor area for the hotel rooms shall be twenty eight tl;Gussand three huRdFed (28,300) forty-seven thousand four hundred eighty -flour (47,484) square feet with a two thousand two hundred (2,200) square - foot concierge and guest center, four thousand six hundred eighty-six (4,686) square feet of ancillary hotel uses, and a seven thousand five hundred (7,500) square -foot spa facility.
b. Setbacks: five feet from any property line.
c. Height: thirty-one (31) feet.
d. Parking: . forty-one (41) parking spaces.
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Planning Commission Resolution No. PC2022-022

EXHIBIT "D"

NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DEVELOPMENT PLAN

AMENDMENT
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Newport Beach Country Club
Planned Community Development Plan
Adoption: March 27, 2012, Ordinance No. 2012-2
Amendment: , 2022, Ordinance No._
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TABLE OF CONTENTS

1.0 Introduction and Purpose............................................................................... 4 2.0 General Conditions and Regulations.............................................................. 5 3.0 Land
Use and Development Regulations....................................................... 10 3.1
Golf Club.............................................................................................. 10 A. Golf Course.................................................................................... 10 B. Golf Clubhouse and Ancillary Uses ................................................ 10 1. Building Area............................................................................. 10 2. Building Height.......................................................................... 10 3. Permitted Ancillary Uses........................................................... 10 4. Parking...................................................................................... 11 5. Fencing..................................................................................... 11 3.2
Tennis Club.......................................................................................... 11 A. Tennis Courts................................................................................. 11 1. Number of Courts...................................................................... 11 B. Tennis Clubhouse and Ancillary Uses ............................................ 12 1. Building Area............................................................................. 12 2. Building Height.......................................................................... 12 3. Permitted Ancillary Uses........................................................... 12 4. Parking...................................................................................... 12 3.3
Thp �r Residential .......... ..............
12 1. NuFnbeF Of Detached Residential ................................... 13 2. Attached Residential .......................
14 14
The 6 Figalaws,Hotel................... ................... :........... ..... :................ .. 14 1. Number of Units Rooms........................................................... 14 2. Permitted Ancillary Uses........................................................... 14 3. Building Area............................................................................. 15 4. Building Height.......................................................................... 15 5. Building Setbacks...................................................................... 15 6. Parking...................................................................................... 15 3.5
Signs.................................................................................................... 15 A. Sign Allowance............................................................................... 15 B. Sign Standards............................................................................... 16 4.0 Site
Development Review.............................................................................. 17 4.1
Purpose............................................................................................... 17 4.2
Application.............................................................

4.3 Findings............................................................................................... 17 4.4
Contents.............................................................................................. 18 4.5
Public Hearing - Required Notice........................................................ 18 4.6
Expiration and Revocation Site Plan Review Approvals ...................... 19 2
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4.7 Fees..................................................................................................... 19

4.8 Minor Changes by the Community Development Director ................... 19

LIST OF EXHIBITS
Exhibit Name Exhibit Number
VicinityAerial Map............................................................................................... A Conceptual Master Site Plan............................................................................... B

LIST OF TABLES
Table Name
Page
The Villas Development Standards...................................................................... 13 K3
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1.0 INTRODUCTION AND PURPOSE
The Newport Beach Country Club Planned Community District (the PCD) is composed of the Golf Club, Tennis Club, Bungalows and Villas facilities, totaling approximately 4-33 140 acres. The PCD has been developed in accordance with the Newport Beach General Plan and is consistent with the Local Coastal Land Use Plan.

The purpose of this PCD is to provide for the classification and development of coordinated, cohesive, comprehensive planning project with limited mixed uses, including the private Ggolf Gclub, -Ttennis Cclub, 27 short teFm FeRtal HRits 41-room boutique hotel called the Bungalews with a spa/fitness area center and ancillary uses, and 5 GeMi-GUStG Y' single „nit residential dwellings units called the VMas.

Whenever the regulations contained in the PCD Regulations conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the PCD Regulations shall take precedence. The Newport Beach Municipal Code shall regulate all development within the PCD when such regulations are not provided within the PCD Regulations.

EI
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2.0 GENERAL CONDITIONS AND REGULATIONS

1. Alcoholic Beverage Consumption
The consumption of alcoholic beverages within the PCD shall be in compliance with the State of California Department of Alcoholic Beverage Control and the Newport Beach Municipal Code. A use permit shall be required if the establishment operates past 11:00 p.m. any day of the week and a minor use permit shall be required if the establishment operates until 11:00 p.m. any day of the week.

2. Amplified Music
All amplified music played after 10:00 p.m. within the PC shall be confined within the interior of a building unless a Special Events Permit is obtained.

3. Archaeological/Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K-5 and K-6 regarding archaeological and paleontological resources.

4. Architectural Design
All development shall be designed with high quality architectural standards and shall be compatible with the surrounding uses. The development should be well -designed with coordinated, cohesive architecture and exhibiting the highest level of architectural and landscape quality in keeping with the PCD's prominent location in the Newport Center Planning Area. Massing offsets, variation of roof lines, varied textures, openings, recesses, and design accents on all building elevations shall be provided to enhance the architectural style. Architectural treatments for all ancillary facilities (i.e. storage, truck loading and unloading, and trash enclosures) shall be provided.

5. Building Codes
Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the Newport Beach Municipal Code.

6. Exterior Storage Areas
There shall be no exterior storage areas permitted with the exception of the greenskeeper/maintenance area which shall be enclosed by a minimum six-foot plastered block wall.
5 15-241

7. Flood Protection
Development of the subject property will be undertaken in accordance with the flood protection policies of the City.

8. Grading and Erosion Control
Grading and erosion control measures shall be carried out in accordance with the provisions of the Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Community Development Department.

9. Gross Floor Area
Gross floor area shall be defined as the total area of a building including the surrounding exterior walls.

10. Height and Grade
The height of any structure within the PCD shall not exceed fifty (50) feet, unless otherwise specified. The height of a structure shall be the vertical distance between the highest point of the structure and the grade directly below. In determining the height of a sloped roof, the measurement shall be the vertical distance between the grade and the midpoint of the roof plane, provided that no part of the roof shall be extend more than five (5) feet above the permitted height in the height limitation zone, and any amendments shall be subject to the review and approval of the Community Development Director

11. Landscaping/Irrigation
Landscaping and irrigation shall be provided in all areas not devoted to structures, parking lots, driveways, walkways, and tennis courts to enhance the appearance of the development, reduce heat and glare, control soil erosion, conserve water, screen adjacent land uses, and preserve the integrity of PCD. Landscaping and irrigation shall consist of a combination of trees, shrubs, groundcover and hardscape improvements.

Landscaping shall be prepared in accordance with the Landscaping Standards and Water -Efficient Landscaping Sections of the Newport Beach Municipal Code and installed in accordance with the approved landscape plans prepared by a licensed landscape architect.

12. Lighting — Outdoor
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield adjacent uses/properties and to not produce glare onto adjacent uses/properties.

Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the 0 15-242

Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans.

13. Lighting — Parking & Walkways
All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining uses/properties and roadways.

Parking lots and walkways accessing buildings shall be illuminated with a minimum of

0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer.

If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval.

14. Loading Areas for Non -Residential Uses
All loading and unloading of goods delivery shall be performed onsite. Loading platforms and areas shall be screened from public view.

15. Parking Areas
Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of the parking areas including striping, paving, wheel stops, walls, and light standards of the parking lots shall be permanently maintained in good working condition. Access, location, parking space and lot dimensions, and parking lot improvements shall be in compliance with the Development Standards for Parking Areas Section of the Newport Beach Municipal Code.

16. Property Owner Approval
Written property owner approval shall be required for the submittal of any site development review application and/or prior to grading and/or building permit issuance.

17. Outdoor Paging
Outdoor paging shall be permitted at the Ggolf Gclub to call individuals to the tees and at the Ttennis Gclub to call points during tennis tournaments. 7 15-243

18. Sewage Disposal
Sewage disposal service facilities for the PCD will be provided by Orange County Sanitation District No. 5 and shall be subject to applicable regulations, permits and fees as prescribed by the Sanitation District.

19. Screening of Mechanical Equipments
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and emergency power generators) shall be screened from public view and adjacent land uses. The enclosure design shall be approved by the Community Development Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. The mechanical appurtenances shall be subject to sound rating in accordance with the Exterior Noise Standards Section of the Newport Beach Municipal Code.

Rooftop screening and enclosures shall be subject to the applicable height limit.

20. Screening of the Villas residential units from tennis courts Adequate buffering between the Villas residential units and tennis courts shall be provided and subject to the Site Development Review process. The exterior perimeter of the tennis courts facing Granville Condominiums, Granville Drive, and the Ttennis Gclubhouse parking lot shall be screened by a minimum ten -foot -high chain link fence covered by a wind screen. Wind screen shall be maintained in good condition at all time.

21. Screening of the Pool/Spa Equipment
All pool and/or spa equipment shall be enclosed by a minimum five-foot high block wall plastered or otherwise textured to match the building.

22. Special Events
Temporary special community events, such as such as PGA Senior Classic golf tournaments, Team Tennis, Davis Cup Matches, and other similar events, are permitted in the PCD, and are subject to the Special Events Chapter of the Newport Beach Municipal Code. Temporary exterior storage associated with approved special events may be permitted provided it is appropriately screened and regulated with an approved Special Event Permit.
15-244

23. Temporary Structures and Uses
Temporary structures and uses, including modular buildings for construction -related activities are permitted.

24. Trash Container Storage for Residential Dwellings
Trash container storage shall be out of view from public places, and may not be located in the required parking areas. If trash container storage areas cannot be located out of public view, they shall be screened from public view. Screening shall consist of fences, walls, and landscaping to a height at least 6 inches above the tops of the containers.

25. Trash Enclosures for Non -Residential Uses
All trash enclosures for non-residential uses shall be provided and in accordance with the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal Code.

26. Tennis Club Site Phasing Plan -
The phasing plan for the tennis club site which consists of the tennis club, "'i& residential units and 136IRgalews hotel rooms shall be subject to a site development review process.

27. Water Service
Water service to the PCD will be provided by the City of Newport Beach and will be subject to applicable regulations, permits and fees as prescribed by the City. 0 15-245

3.0 LAND USE AND DEVELOPMENT REGULATIONS

3.1 Golf Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the golf course and clubhouse.

A. Golf Course
An 18-hole championship golf course and related facilities (i.e. putting green, driving range, snack bar, starter shack, restroom facilities, etc.).

B. Golf Clubhouse and Ancillary Uses

1. Building
The maximum allowable gross floor area for a golf clubhouse building shall be 56,000 square feet, exclusive of any enclosed golf cart storage areas ramp and washing area. The greens keeperlmaintenance buildings, snack bar, separate golf course restroom facilities, starter shack, and similar ancillary buildings are exempt from this development limit.

2. Building Height
The maximum allowable building height for the Golf Clubhouse shall be 50 feet and shall be measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulation of the PCD. 3, Permitted Ancillary Uses
The following ancillary uses are allowed:
• Golf shop
• Administrative Offices
• Dining, and event areas
• Kitchen & Bar areas
Banquet Rooms
• Men and Women's Card Rooms
• Health and fitness facility
• Restroom and Locker facilities
• Golf Club storage areas
• Employee lounge/lunch areas
• Meeting rooms
• Golf Cart Parking Storage and Washing Area
ikel
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• Separate Snack Bar
• Separate Starter Shack
• Separate Golf Course Restrooms
• Hand Carwash Area
• Greenskeeper Maintenance Facility
• Temporary Construction Facilities
• Guard House
• Others (subject to an approval of the Community Development Director)

4. Parking
Parking for the Golf Course and Golf Clubhouse shall be in accordance with following parking ratios (source: from Table 2 of the Circulation and Parking Evaluation by Kimley-Horn and Associates, Inc., September 2009 for Newport Beach Country Club — Clubhouse Improvement Project):

Golf Course. 8 spaces per hole
Golf Clubhouse:

Dining, assembly & meeting rooms: 1 per 3 seats or 1 per 35 square feet
Administrative Office: 4 per 1,000 square feet
Pro Shop: 4 per 1,000 square feet
Maintenance Facility: 2 per 1,000 square feet
Health and Fitness Facility: 4 per 1,000 square feet
The design of the parking lot and orientation of vehicular aisles and parking spaces shall be subject to the review and approval of the City Traffic Engineer and Community Development Director.

5. Fencing
Golf Course perimeter fencing shall be wrought -iron with a maximum permitted height of six (6) feet.

3.2 Tennis Club
Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the tennis courts and clubhouse.

A. The Tennis Courts

1. Number of courts
11 15-247

The maximum allowable tennis courts shall be seven eight lighted tennis courts (s* seven lighted championship courts and one lighted stadium - center court).

B. Tennis Clubhouse and Ancillary Uses

1. Building Area
The maximum allowable gross floor area for the Tennis Clubhouse shall be 3,725 square feet.

2. Building Height
The maximum allowable building height for the Tennis Clubhouse shall be 30 feet and shall be measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCD.

3. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Tennis Shop
• Administrative Offices
• Concessions
• Restroom and Locker facilities
• Storage areas
• Spectator seating
• Others (subject to an approval of the Community Development Director)

4. Parkinq
Parking for the Tennis Clubhouse and Courts shall be a minimum of 2-8 32 parking spaces.

3.3. Tt's Residential
Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of theylas units.
12 15-248

A. Detached Residential (The Villas)

1. Number of Units
The maximum allowable number of single-family residential units shall be five-(5} two (2).

2. Development Standards
The following development standards shall apply to the Villas:

The Villas Development Standards Table
Villa
Villa A
Villa B
Designation
TTM Lot #1
TTM Lot #2
Lot Size
5,000 square feet minimum
Lot Coverage
70%
66%
(Maximum)
39 feet, measured in accordance with the
Building Height
Height and Grade definition of Section

2.0 General Conditions and Regulations
Building Side
3 feet minimum
Yard Setbacks
Building Front
and Rear Yard
5 feet minimum
Setbacks
Enclosed Parking
Space for Each
2 2
Unit
Open Guest
One space - could be located on the
Parking Space for
private driveway — No overhang to the
Each Unit
private street/cul-de-sac is allowed
13 15-249

B. Attached Residential

1. Number of Units
The maximum allowable number of attached residential units shall be three (3).

2. Buildinq Setbacks
The building setback shall be a minimum of five (5) feet from any property line.

3. Building Height
The maximum allowable building height for attached residential units to be located atop of the 2-story hotel buildings shall be 46 feet, measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations.

4. Parkinq
Parking for the attached residential units shall be a minimum of 3 enclosed parking spaces and one guest parking space per unit.

3.4. The 13unqalows Hotel
Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the bungalows, concierge and guest center, and spa facility.

1. Number of Units Rooms
The maximum allowable number of the Bungalows rooms shall be 2-7 41, to be built in a clustered setting of single and two-story buildings.

2. Permitted Ancillary Uses
The following ancillary uses are allowed:
• Administrative Offices
• Concierge office and guest meeting facility
• Performance Therapy Center
• Spa and Fitness Center
• Swimming pool and Jacuzzi
m in^drinks, SRaGks light hrca;lrfac} ;nrl Inr h i}omc
14 15-250

• Yoga Pavilion

3. Building Area
The maximum allowable gross floor area for the bungalows hotel rooms shall be 2999 47,484 square feet with a 2,200 square foot concierge & guest center, 4,686 square feet of ancillary hotel uses, and a 7,500 square -foot spa facility.

4. Building Height
The maximum allowable building height for the bungalows hotel rooms shall be 31 feet, measured in accordance with the Height and Grade definition of Section

2.0 General Conditions and Regulations of the PCD.

5. Building Setbacks
The building setback requirement shall be a minimum of 5 feet from any property line.

6. Parking
Parking for the meows hotel rooms shall be a minimum of 34 41 parking spaces located in proximity to the use.

3.5 Signs
A. Sign Allowance

1. One (1) single or double-faced, ground -mounted entrance identification sign shall be allowed at Newport Beach Tennis Club's main entrance (Country Club Drive and Irvine Terrace). Total maximum signage area shall not exceed seventy-five (75) square feet and shall not exceed five (5) feet in height.

2. One (1) single or double-faced, ground -mounted entrance identification sign shall be allowed at or near the vicinity of the Newport Beach Country Club's secondary entrance (Granville).

Total maximum signage area shall not exceed seventy-five (75) square feet and shall not exceed five (5) feet in height.

3. Building identification signs shall be allowed; one for each street frontage. If freestanding, this sign type shall not exceed a maximum height of five (5) feet in height. The maximum signage area shall not exceed seventy (70) square feet.

4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. The 15 15-251

sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum of six (6) feet in height.

5. One (1) single or double faced, ground -mounted identification sign shall be allowed at the entrance road to the Bungalows. Total maximum signage area shall not exceed seventy-five (75) square feet and shall not exceed five (5) feet in height and fifteen (15) feet in length.

B. Sign Standards

1. The design and materials of all permanent signs in the Newport Beach Country Club Planned Community District shall be in accordance with Sign Section 3.5, unless otherwise approved by the Community Development Director.

2. All permanent signs shall be subject to a sign permit issued by the Community Development Department.

3. All signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Newport Beach Municipal Code.

4. Sign illumination is permitted for all sign types. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion.

5. All permanent signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regards to appearance, structural integrity and electrical service.

6. Temporary signs that are visible from any public right-of-way shall be allowed up to a maximum of sixty (60) days and subject to a temporary sign permit issued by the Community Development Department.

7. If the applicant wishes to deviate from the sign standards identified herein, a comprehensive sign program may be prepared or a modification permit application may be submitted for review and consideration by the Zoning Administrator in accordance with the applicable provisions of the Newport Beach Municipal Code.

W.
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4.0 SITE DEVELOPMENT REVIEW

4.1 Purpose
The purpose of the Site Development Review process is to ensure new development proposals within the Newport Beach Country Club Planned Community Development are consistent with the goals and policies of the General Plan, provisions of this Planned Community Development Plan, the Development Agreement and the findings set forth below in sub -section 4.3.

4.2 Application
An approval of Site Development Review application by the Planning Commission shall be required for the construction of any new structure prior to the issuance of a grading or building permit or issuance of an approval in concept for Coastal Commission. Signs, tenant improvements to any existing buildings, kiosks, and temporary structures are exempt from the site development review process and subject to the applicable City's permits. The decision of Planning Commission is the final, unless appealed in accordance with the Newport Beach Municipal Code.

4.3. Findings
In addition to the general purposes set forth in sub -section 4.1 and in order to carry out the purposes of this chapter as established by said section, the Site Development Review procedures established by this Section shall be applied according to and in compliance with the following findings:

The development shall be in compliance with all other provisions of the Planned Community District Plan;

2. The development shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City;

3. The development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on Coast Highway; and
17 15-253

4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development.

4.4. Contents
The Site Development Review application shall include all of the information and materials specified by the Community Development Director and any additional information review by the Planning Commission in order to conduct a thorough review of the project in question. The following plans/exhibits may include, but not limited to the following:

1. An aerial map showing the subject property, adjacent properties and identifying their uses.

2. Comprehensive elevations and floor plans for new structures with coordinated and complimentary architecture, design, materials and colors.

3. A parking and circulation plan showing golf cart and pedestrian paths in addition to streets and fire lanes.

4. A comprehensive, cohesive and coordinated preliminary landscape plan.

5. A comprehensive, cohesive and coordinated lighting plan showing type, location and color of all exterior lighting fixtures.

6. Comprehensive text and graphics describing the design philosophy for the architecture, landscape architecture, material and textures, color palette, lighting, and signage.

7. Text describing drainage and water quality mitigation measures.

8. A statement that the proposed new structure is consistent with the goals, policies, and actions of the General Plan and Planned Community Development Plan.

4.5 Public Hearing —Required Notice
A public hearing shall be held on all site development review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in m
15-254

not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing.

4.6 Expiration and Revocation Site Development Review Approvals

1. Expiration. Any site development review approved in accordance with the terms of this planned community development plan shall expire within twenty-four (24) months from the effective date of final approval as specified in the Time Limits and Extensions Section of the Newport Beach Municipal Code, unless at the time of approval the Planning Commission has specified a different period of time or an extension is otherwise granted.

2. Violation of Terms. Any site development review approved in accordance with the terms of this planned community development plan may be revoked if any of the conditions or terms of such site development review are violated or if any law or ordinance is violated in connection therewith.

3. Public Hearing. The Planning Commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission.

4.7. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach City Council to the City with each application for Site Development Review under this planned community development plan.

4.8 Minor Changes by the Director
The following minor changes to an approved site plan may be approved by the Director in compliance with Section 20.54.070 (Changes to an approved project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reduction in the square footage of any structure and a commensurate reduction in required parking, if applicable. c) Reconfiguration of the golf clubhouse parking lot, including drive aisles and/or parking spaces, subject to review and approval of the City Traffic Engineer.
d) Reconfiguration of parking lot landscaping.
e) Modification of the approved architectural style.
f) Any other minor change to the site plan provided it does not 19 15-255

increase any structure area, height, number of units, number of hotel rooms, and/or change of use.

2. Any proposed changes that are not deemed minor shall be subject to review and approval by the Planning Commission.
20 15-256

Exhibit A
21 15-257

Exhibit B
oQ' . a • 1
ti •
oQ7 r r
A !
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�Q r
_A
o •
y�P • •~ • Golf Course
•
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-4, • & Parking Lot
A
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Tennis Clubhouse, r
Hotel, & Residential j
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15-258

Planning Commission Resolution No. PC2022-022
Paae 32 of 43
EXHIBIT "E"

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
15-259

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv Clerk
(Space Above This Line Is for Recorder's Use Only)
This First Amendment is recorded at the request and
for the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee pursuant
to Government Code §§ 6103 and 27383.

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
between

CITY OF NEWPORT BEACH
and

GOLF REALTY FUND

CONCERNING PROPERTIES LOCATED AT TENNIS CLUB AT NEWPORT BEACH

WITHIN THE

NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-260

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5) This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second Amendment") is entered into and effective on the date it is recorded with the Orange County Recorder ("'Effective Date") by and between the CITY OF NEWPORT BEACH ("City"), and GOLF REALTY FUND, a California limited partnership ("Property Owner"). City and Property Owner are sometimes collectively referred to in this Second Amendment as the "Parties" and individually as a "Party."

RECITALS
A. Property Owner is the managing owner of and owns a fee interest in title to that certain real property located in the City of Newport Beach, County of Orange, State of California which is more particularly described in the legal description attached as Exhibit "A" and depicted on the site map attached hereto as Exhibit "B" ("Property"). The Property consists of approximately seven (7) acres within the area shown on the City's Zoning Map as the Newport Beach Country Club Planned Community District. The Property comprises the Tennis Club at Newport Beach site shown on Exhibit "B" which consists of The Villas Sub -Area, The Tennis Club Sub -Area, and The Bungalows Sub -Area.

B. City and Property Owner entered into that certain Development Agreement between the City of Newport Beach and Golf Realty Fund dated March 27, 2012, and recorded in the Official Records of Orange County on January 29, 2014, as document number 2014000036369 ("Agreement") attached hereto as Exhibit "C" and incorporated herein by reference for a term of ten (10) years.

C. On November 20, 2018, the City approved Coastal Development Permit No.

CD2017-039 to allow the demolition of the eighteen (18) existing tennis courts and construction of the Tennis Club, Villas and Bungalows at the Tennis Property, however, the Agreement was not amended or modified.

D. City and Property Owner entered into the First Amendment to Development Agreement between the City of Newport Beach and Golf Realty Fund pursuant to Ordinance No. 2022-16 and recorded in the Official Records of Orange County on XX, XXXX, as document ("First Amendment"), attached hereto as Exhibit "D" and incorporated herein by reference.

E. The Parties now wish to enter into this Second Amendment to increase the number of tennis courts from seven (7) to eight (8), increase the number of hotel rooms from twenty-seven (27) to forty-one (41), increase the gross floor area of ancillary hotel uses by four thousand six hundred eight -six (4,686) square feet, and construct three (3) attached condominium units and two (2) single-family residences in lieu of five (5) single-family residences.

F. On September 8, 2022, the Planning Commission held the public hearing on the Second Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. Consistent with applicable provisions of the Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution No. PC2022-022, recommending the City Council approve the Second Amendment. 15-261

G. On September 27, 2022, the City Council held a noticed public hearing on the Second Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. On October 13, 2022, consistent with applicable provisions of the Development Agreement Statute and Ordinance, the City Council held the second reading and adopted Ordinance No. 2022 approving the Second Amendment.

H. This Second Amendment is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as "MU-H3/PR" (Mixed Use Horizontal /(Parks and Recreation) (Anomaly 46); Coastal Land Use Plan designation as "MU-H/PR (Mixed Use Horizontal / Parks & Recreation"; the Newport Beach Country Club Planned Community District that was adopted in 1997 by Ordinance No. 97-10, and amended in 2022 by Ordinance No. 2022 in order to establish appropriate zoning to regulate land use and development of the Property consistent with the General Plan; and Newport Beach Country Club Planned Community Development Plan No. PC2005-002 approved for the Property on March 27, 2012 by Ordinance No. 2012-2 and amended on October 13, 2022 by Ordinance No. 2022-
I. In recognition of the significant public benefits that this Second Amendment provides, the City Council finds that this Second Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of its adoption; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police poorer; (iv) is consistent and has been approved consistent with the Addendum No. ND2022-001 to the previously adopted Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and Errata to Mitigated Negative Declaration No. ND2010-008 (together referred as "MND") for the Newport Beach Country Club Planned Community District (PA2021-260 amending PA2005-002) approved by the City Council, both of which analyze the environmental effects of the proposed development of the Project on the Property; and (v) is consistent and has been approved consistent with provisions of California Government Code section 65867 et seq. and Chapter 15.45 City of Newport Beach Municipal Code ("NBMC").

AGREEMENT
NOW, THEREFORE, City and Property Owner agree as follows:

1. Definitions. Section 1 of the Agreement is hereby amended to add or revise the following definitions. Unless added or revised, all other definitions set forth in Section 1 of the Agreement shall remain unchanged:
"Adopting Ordinance" shall mean City Council Ordinance No. 2022-` approving and adopting this Second Amendment.
"Agreement" shall mean this Development Agreement, as the same may be amended from time to time including, the First Amendment and Second Amendment. `Agreement Date" shall mean October 13, 2022 which date is the date the City Council adopted the Adopting Ordinance.
15-262

"Development Plan" shall mean the Newport Beach Planned Community Development Plan Amendment No. PC2021-001 adopted by Ordinance No. 2022- which amends Newport Beach Planned Community Development Plan No. PC2005-002; Vesting Tentative Tract Map Amendment No. NT2021-002 adopted by Resolution No. 2022- which amends Vesting Tentative Tract Map No. NT2005-003; Site Development Review Amendment No. SD2021-004 adopted by Resolution No. 2022- which amends Site Development Review No. SD2011-002; Limited Term Permit No. XP2022-007 adopted by Resolution No. 2022- which amends Limited Term Permit No. XP2011-004; General Plan Amendment No. GP2021-004; Coastal Development Permit No. CD2021-068 adopted by Resolution No. 2022- which amends Coastal Development Permit No. CD2017-039; and Local Coastal Program Implementation Plan Amendment No. LC2021-004 adopted by Ordinance No. 2022- "Development Regulations" shall mean the following regulations as they are in effect as of the Agreement Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Agreement Date that impairs or restricts Property Owner's rights set forth in this agreement; unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Property Owner in writing: the General Plan, the Coastal Land Use Plan, the Development Plan, the Local Coastal Program Implementation Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions).

Title 20 of the Municipal Code (planning and zoning) and Title 21 of the Municipal Code (local coastal program implementation plan), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or entry upon public property; or (v) the exercise of the power of eminent domain. "Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the applicable Development Regulations, which such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date 3 15-263

occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "'Project" shall mean all on -site and off -site improvements that Property Owner is authorized and/or may be required to construct with respect to each parcel of the Property, as provided in this Second Amendment and the Development Regulations, as amended by this Second Amendment, and/or as the same may be modified or amended from time to time consistent with this Second Amendment and applicable law.

2. Term of Agreement. Section 2.4 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement ("Term") shall commence on the Effective Date of Second Amendment and shall terminate on the "Termination Date.

Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date of Second Amendment will not occur because (i) the Adopting Ordinance of Second Amendment or any of the Development Regulations approved on or before the Agreement Date of Second Amendment for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non -appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance of Second Amendment, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date of Second Amendment such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Party's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Party, in which event neither Party shall have any further rights or obligations hereunder except that Property Owner's indemnity obligations set forth in Article to shall remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall be repealed by the City after delivery of said notice of termination except for the Development Regulations that have been disapproved by City's voters at a referendum election and, therefore, never took effect.

The Termination Date shall be the earliest of the following dates: (i) the tenth (loth) anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Property Owner's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication.

As used herein, the term "Lot Termination Date" for any separate legal lot within the Property means the date on which all of the following conditions have been satisfied with respect to said lot: (i) the lot has been finally subdivided and sold or leased (for a period longer than one year), individually or in a "bulk" of four or fewer lots, to a member of the public or other ultimate 4 15-264

user; (ii) a final Certificate of Occupancy or -Release of Utilities" has been issued for the building or buildings approved for construction on said lot
Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 13.10 (as well as any other Property Owner obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement.

3. Public Benefit Fee. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:

As consideration for City's approval and performance of its obligations set forth in this Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (herein, the "Public Benefit Fee") in the total sum of five hundred two thousand two hundred fifty dollars ($502,250.00) broken down as follows: (i) ninety-three thousand dollars and 00/100 ($93,000.00 per residential dwelling unit) for a sum of four hundred sixty-five thousand dollars and 00/100 ($465,000.00) for the residential units; and (ii) ten dollars and 00/100 ($10.00) per square foot of construction for the three thousand seven hundred twenty-five (3,725) square foot Tennis Clubhouse for a sum of thirty-seven thousand two hundred fifty dollars ($37,250.00). with the unpaid balance of said Public Benefit Fee increased on the first January 1 following the Effective Date of this Agreement by the percentage increase in the CPI Index between the Effective Date and said January l' date (the first "Adjustment Date") and thereafter with the unpaid balance of said Public Benefit Fee increased on each subsequent January 1 during the Term of this Agreement (each, an "Adjustment Date") by the percentage increase in the CPI Index in the year prior to the applicable Adjustment Date. The amount of the percentage increase in the CPI index on the applicable Adjustment Dates shall in each instance be calculated based on the then most recently available CPI Index figures such that, for example, if the Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6- month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date. Property Owner shall pay the Public Benefit Fee at the following time(s): (i) As to the residential dwelling units, prior to the issuance of the first building permit for any residential unit; and (ii) as to the tennis clubhouse, prior to the issuance of the first building permit.

Notwithstanding any other provision set forth in this Agreement to the contrary, during the Term of this Agreement, City shall not increase the Public Benefit Fee except pursuant to the CPI Index as stated in this Section 3.1. The Public Fee Benefit Fee shall be calculated based on the total square feet of construction for the tennis clubhouse. Property Owner shall not be entitled to any credit or offset to the Public Benefit Fee for any existing buildings or structures. Property Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Property Owner's vesting rights to be acquired hereunder, and that Property Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of such fee on any ground whatsoever, including without limitation pursuant to the Fifth 15-265

and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq. ), or otherwise. In addition to any other remedy set forth in this Agreement for Property Owner's default, if Property Owner shall fail to timely pay any portion of the Public Benefit Fee when due City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Development Plan.

4. Amendment or Cancellation of Agreement. Section 5 of the Agreement is hereby amended in its entirety to read as follows
This Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section 65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City in the event of an uncured default of Property Owner.

5. Procedure. Section 7.3 of the Agreement is hereby amended in its entirety to read as follows:

The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Property Owner has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that Property Owner has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the basis of substantial evidence, that Property Owner has not so complied, written notice shall be sent to Property Owner by first class mail of the Zoning Administrator's finding of non-compliance, and Property Owner shall be given at least ten (10) calendar days to cure any noncompliance that relates to the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) calendar days for reasons which are beyond the control of Property Owner, Property Owner must commence the cure within such thirty (30) calendar days and diligently pursue such cure to completion. If Property Owner fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below.

6. General Provisions. Section 8.1 of the Agreement is hereby amended in its entirety to read as follows:

In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (twenty (20) calendar days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period'). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. if the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist.

If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the on
15-266

foregoing, the City is not required to give Property Owner notice of default and may immediately pursue remedies for a Property Owner Default that result in an immediate threat to public health, safety or welfare.

7. Full Force and Effect. Except as modified by this Second Amendment, the entire Agreement, First Amendment its exhibits, and the exhibits attached hereto, are incorporated herein to this Second Amendment and shall remain in full force and effect.

Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.

9. Recordation. The City Clerk shall record this Second Amendment in the Office of the County Recorder of the County of Orange within the period required by California Government Code Section 65858.5 and Section 15.45.100 of the NBMC. [SIGNATURES ON NEXT PAGE]
15-267

SIGNATURE PAGE TO

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
"PROPERTY OWNER"
GOLF REALTY FUND, a California
limited partnership
By:

Its:

By:

Its:
"CITY"
CITY OF NEWPORT BEACH, a California
municipal corporation
In
ATTEST:

Leilani I. Brown, City Clerk
APPROVED AS TO FORM:

Aaron C. Harp, City Attorney
Kevin Muldoon, Mayor
Attachments: Exhibit A — Legal Description of Property
Exhibit B — Depiction of Property
Exhibit C — Development Agreement Recorded January 29, 2014 Exhibit D — First Amendment to Development Agreement
8 15-268

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of 4 SS.

On 120 before me, Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of } SS.

On 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
0 (seal)
15-269

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
PARCELS A, B, C. AND D OF PARCEL MAP 2016-151, LOCATED IN THE CITY OF

NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 402 PAGES 24 THROUGH 32 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY.

ME
15-270

EXHIBIT B

DEPICTION OF PROPERTY
13 HOTFL UNifS ,{ / ••� - EXISTING TENNIS COURTS
1 / i FalnxaY�otta rC r , -� y \ /
• ( -4 `zt •
r %
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HOME
FAMILY.'UT
f, \ 2
1SINGLc -�- l•� -
'FAMILY TT •-�••• ` /
HOME f- I II ��!" .�7"
PARKING LOT' /•
%VIII�!
Uu17jG6�.L �UN17-ACC� OENTER r.CLIRT.r
a `614jgalow - CrN1Tmb
\.. � Caaaiiiiaaaaaa PaJJ a}b �\. � �
... .. I HOTFC\\
i�1NR l - - Q H�,TEL lll���NNN���TS ` `� TENNIS CLUBHOUSE F ncho Valmoia 1 ' i .2 C�00 r� FITNESS CEN7Ep
Bun9 ow s r r.• �}1. \ f SPA /
- r } •; T

7. I HOTE I % ,�\ J�I`HOTEL
/ NIT _ 14
/ HOTEL T11�NrT i/, J r; `
RI /
UNIYT
>> ', `�"`"l° ial°rcta d POC1lJ4AEA' /
RaPvho2.
}1NIT _ I HOT
V.E(�
aneho V neia 1 �{7NIT 4 '•° ,.�
�4n9apila.Sun,c-4.,T
I II7cL Z
y`/+�3 HOTE t UNIT
_ /v J UNI 1 FLdn�Sa,Yalanc'��' � -
\� 17 }TO •Cagurnx,M �fa�e4 ;A1 5CONCIERGE �ud�alo '�, PARKING LOT,• 13lIhGnga .�, 7'!,[ � ^,TALLS
14/'•
J
Oa�l vn w r 21 H0TOTE�L
15-271

EXHIBIT C

DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND GOLF REALTY FUND RECORDED JANUARY 29, 2014
Available separately due to bulk at:
newortbeachea. ov' overnment/de artment5,'community-develo mend tannin - div ision/development-ap,reements
C-1
15-272

EXHIBIT D

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF

NEWPORT BEACH AND GOLF REALTY FUND
!M
15-273

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This First Amendment is recorded at the request and
for the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
between

CITY OF NEWPORT BEACH
and

GOLF REALTY FUND

CONCERNING PROPERTIES LOCATED AT TENNIS CLUB AT NEWPORT BEACH

WITHIN THE

NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DISTRICT
15-274

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5) This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First Amendment") is entered into and effective on the date it is recorded with the Orange County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH ("City"), and GOLF REALTY FUND, a California limited partnership "Property Owner"). City and Property Owner are sometimes collectively referred to in this First Amendment as the "Parties" and individually as a "Party."

RECITALS
A. Property Owner is the managing owner of and owns a fee interest in title to that certain real property located in the City of Newport Beach, County of Orange, State of California which is more particularly described in the legal description attached as Exhibit "A" and depicted on the site map attached hereto as Exhibit "B" ("Property"). The Property consists of approximately seven (7) acres within the area shown on the City's Zoning Map as the Newport Beach Country Club Planned Community District. The Property comprises the Tennis Club at Newport Beach site shown on Exhibit "B" which consists of The Villas Sub -Area, The Tennis Club Sub -Area, and The Bungalows Sub -Area.

B. City and Property Owner entered into that certain Development Agreement between the City of Newport Beach and Golf Realty Fund dated March 27, 2012, and recorded in the Official Records of Orange County on January 29, 2014, as document number 2014000036369 ("Agreement") attached hereto as Exhibit "C" with a ten (10) year term.

C. On November 20, 2018, the City approved Coastal Development Permit No.

CD2017-039 to allow the demolition of the 18 existing tennis courts and construction of the Tennis Club, Villas and Bungalows at the Tennis Property, however, the Agreement was not amended or modified.

D. The Parties now wish to enter into that First Amendment extending the term for an additional year and updating certain provisions.

E. On May 12, 2022, the Planning Commission opened the noticed public hearing on this First Amendment and continued the item to May 26, 2022.

F. On May 26, 2022, the Planning Commission held the public hearing on this First Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. Consistent with applicable provisions of the Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution No. PC2022- 008, recommending the City Council approve this First Amendment. 15-275

G. On June 28, 2022, the City Council held a noticed public hearing on this First Amendment and considered the testimony and information submitted by City staff, Property Owner, and members of the public. On July 12, 2022, consistent with applicable provisions of the Development Agreement Statute and Ordinance, the City Council held the second reading and adopted Ordinance No. approving this First Amendment.

H. This First Amendment is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as "MU-H3/PR" (Mixed Use Horizontal /(Parks and Recreation) (Anomaly 46); Coastal Land Use Plan designation as "MU-H/PR (Mixed Use Horizontal / Parks & Recreation"; the Newport Beach Country Club Planned Community District that was adopted in 1997 by Ordinance No. 97-10 in order to establish appropriate zoning to regulate land use and development of the Property consistent with the General Plan; and Newport Beach Country Club Planned Community Development Plan No PC2005-002 approved for the Property on March 27, 2012 by Ordinance No. 2012-2.

I. The City Council finds that this First Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of this First Amendment; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) is consistent and has been approved consistent with the Mitigated Negative Declaration No.

ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative Declaration No_ ND2010- 008 (together referred as "MND") for the Newport Beach Country Club Planned Community District (PA2005-002) approved by the City Council, both of which analyze the environmental effects of the proposed development of the Project on the Property; and (v) is consistent and has been approved consistent with provisions of California Government Code section 65867 et seq. and Chapter 15.45 City of Newport Beach Municipal Code ("NBMC").

AGREEMENT
NOW, THEREFORE, City and Property Owner agree as follows:

1. Term of Agreement. Section 2.4 of the Agreement is hereby amended in its entirety to read as follows:
"The term of this Agreement (the "Tenn") shall commence on the Effective Date and continue until 2023, unless
otherwise terminated or modified pursuant to its terms.

Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section

13.10 (as well as any other Property Owner obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement."
2, Attorneys' Fees. Section 8.10 of the Agreement is hereby amended in its entirety to read as follows:
15-276

"In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure section 1033.5 or California Civil Code section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action."

3. Notices. Section 13.1 of the Agreement is hereby amended in its entirety to read as follows:
"Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows:

TO CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Manager
With a copy to: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Attorney
TO PROPERTY OWNER: Golf Realty Fund
One Upper Newport Plaza
Newport Beach, CA 92660
Attn: Robert O'Hill
Either Party may change the address stated in this Section 13.1 by delivering notice to the other Party in the manner provided in this Section 13.1, and thereafter, notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received or (iii) three business days after deposit in the mail as provided above."
3 15-277

4. Full Force and Effect. Except as modified by this First Amendment, the entire Agreement, its exhibits, and the exhibits attached hereto, are incorporated herein to this First Amendment and shall remain in full force and effect.

Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.

6. Recordation. The City Clerk shall record this First Amendment in the Office of the County Recorder of the County of Orange within the period required by California Government Code Section 65858.5 and Section 15.45.100 of the NBMC. [SIGNATURES ON NEXT PAGEI
4 15-278

SIGNATURE PAGE TO

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
"PROPERTY OWNER"
GOLF REALTY FUND, a California
limited partnership
By:

Its:-
By. -
Its:.
"CITY"
CITY OF NEWPORT BEACH, a California
municipal corporation
Kevin Muldoon, Mayor
ATTEST:

Leilani 1. Brown, City Clerk
APPROVED AS TO FORM:

Aaron C. Harp, City Attorney
Attachments: Exhibit A — Legal Description of Property
Exhibit B — Depiction of Property
Exhibit C — Development Agreement Recorded January 29, 2014 15-279

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ) SS.

On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of )SS.

On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
51 (seal)
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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Parcel I and Parcel 2 of Parcel Map 44-102, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 316, Pages 3 to 6, inclusive, of Parcel Maps, in the office of the County Recorder of Orange County.

A- l
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THE PILL

EXHIBIT B

DEPICTION OF PROPERTY

IS CLUB
,'
B-1

MASTER PLAN
• THE TENNIS CLUB
1 new stadium court
Tennis Clubhouse
• THE VILLAS
5 single family homes
• THE BUNGALOWS
- 27 guest rental units
• THE GOLF CLUB
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EXHIBIT "F"

CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The project shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval).

2. The project is subject to 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.

3. Nolkithstanding the legislative actions (ie. General Plan Amendment, Planned Community Development Plan, and Local Coastal Program Amendment) activities reviewed under Planning Activity No. PA2021-260 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54,060 of the Newport Beach Municipal Code, unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to the provisions of California Government Code Section 66452.6(a).

4. The Vesting Tentative Tract Map Amendment, as reviewed under Planning Activity No.

PA2021-260, shall expire in accordance with the Subdivision Code, unless an extension is otherwise granted consistent with the Subdivision Code and Subdivision Map Act. The expiration date shall be extended for the unexpired term of the Second Amendment to Development Agreement between City of Newport Beach and Golf Realty Fund.

5. The project shall consist of the followings:
a. Tennis Club: A 3,725 square -foot tennis clubhouse and eight (8) tennis courts,- b. Hotel.- Forty-one (41) hotel rooms of
concierge and guest meeting facility, a
4,686 square feet of ancillary uses; and
47,484 square feet, a 2,200 square -foot
7,500 square -foot spa/fitness center, and
c. Residential: two (2) single-family units and three (3) condominium units

6. Pickleball courts shall not be permitted after the issuance of a Certificate of Occupancy for the Tennis Clubhouse and Spa and Fitness Center unless the property owner and/or Pickleball facility operator follows any and all City of Newport Beach General Plan, Municipal Code, or other applicable requirements in order to continue the use of Pickleball courts.
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7. The project shall be subject to all applicable development standards prescribed in Planned Community Development Plan Amendment, as reviewed under Planning Activity No. PA2021-260, for the Tennis Club site, such as but not limited to, building height, building setbacks, parking, lighting, sign standards, etc.

8. Upon the effective date of Local Coastal Program Implementation Plan Amendment, as reviewed under Planning Activity No. PA2021-260, Site Development Permit No.

SD2011-002, Limited Term Permit No. XP2011-004, and Vesting Tentative Map No.

NT2005-003, approved for the Approved Project, shall be deemed of no further force.

9. The temporary modular building to accommodate on -going tennis club operation during the construction of new tennis clubhouse shall be located on the existing tennis courts, shall not interfere with the construction activities or parking, and shall be removed from the project site upon completion/occupancy of the new clubhouse.

10. Prior to the issuance of a buildinq permiL the applicant shall pay all applicable development fees (i.e. school, park in -lieu, transportation corridor agency), unless otherwise addressed separately in the Development Agreement.

11. Prior to recordation of the Final Tract Map and the issuance of building permits the Final Tract Map shall be signed by all of the current record owners of the property, which presently include: (1) Elliot Feuerstein as Managing Member of Mesa Shopping Center - West LLC; (2) Elliot Feuerstein as Managing Member of Mesa Shopping Center -East LLC; (3) Irving Chase as General Partner of Fainbarg 11l L.P.; and (4) Robert O Hill as Executive Director of Golf Realty Fund LP.

12. Any substantial change to the approved plans, shall require an amendment to all non - legislative activities reviewed under Planning Activity No. PA2021-260, or the processing of new permits.

13. This Site Development Review, Coastal Development Permit, and Limited Term Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed development, uses, and/or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.

14. A copy of the Resolution, including conditions of approval Exhibit "F" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits.

15. Prior to the issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall 15-284

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highlight the approved elements such that they are readily discernible from other elements of the plans.

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 plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division.

17. All landscape materials and irrigation systems shall be maintained in accordance with 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.

18. Prior to the final of issuance of a certificate of occui2ancy, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan.

19. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are I" or less at all property lines.

20. Lighting shall be in compliance with applicable standards of Planned Community Development Plan Amendment, as reviewed under Planning Activity No. PA2021-260 and Section 20.30.070 of the Newport Beach Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" and up -lighting type fixtures are not permitted. Parking area lighting shall have zero cut-off fixtures.

21. The entire project shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Newport Beach Municipal Code, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.

The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

22. Prior to the final of issuance of a certificate of occupancy or final of building permits for each component of the proiect i.e. residential hotel or tennis club the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources.

23. 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.

24. All noise generated by the proposed use shall comply with the provisions of Chapter 15-285

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10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher:

Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:00PM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50clBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
6OdBA
45dBA
50cIBA
Commercial Property
NIA
65dBA
NIA
60clBA

25. The construction and equipment staging area for each phase of the project shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize potential unsightly conditions.

26. A screen and security fence that is a minimum of six feet high shall be placed around the construction site during construction for each phase of the project.

27. Construction equipment and materials shall be properly stored on the site when not in use for each phase of the project.

28. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent.

29. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6.30 p.m., Monday through Friday, and 8.00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays.

30. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development.

31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits.

32. All proposed signs shall be in conformance with the provision of the Planned Community Development Plan Amendment, as reviewed under Planning Activity No. PA2021-260, and Chapter 20.42 of the Newport Beach Municipal Code and shall be reviewed and approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 15-286

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33. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110-L to ensure that adequate vehicular sight distance is provided.

34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of The Tennis at Newport Beach Project Amendment including, but not limited to, General Plan Amendment, Local Coastal Land Use Plan Amendment, Planned Community Development Plan Amendment, Amendment to Major Site Development Review No. SD2011-002, Amendment to Coastal Development Permit No. CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005- 003, Amendment to Limited Term Permit No. XP2011-004, & Second Amendment to Development Agreement No. DA2008-001 (PA2021-260). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.

Fire Department

35. An automatic fire sprinkler system shall be required for the residential and hotel components of the project.

36. A fire alarm system shall be required for the hotel component of the project.

37. A Fire Master Plan shall be submitted to the Fire Prevention Division for approval. The plan shall include information on the following (but not limited to) subjects: fire department vehicle access to the project site, secondary emergency vehicle access, firefighter access (hose pull) around structures, fire lane identification, location of fire hydrants and other fire department appliances, and the location and type of gates or barriers that restrict ingress/egress.

38. All portions of the perimeter of all structures shall be located within 150' of a fire lane as measured along an approved route. A portion of the proposed structure exceeding this distance is considered "out of access" and shall be corrected during plan check review by one of the following methods:
a. Provide additional fire lanes to bring the entire structure "in access", or 15-287

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b. Propose an alternate form of mitigation via the Alternate Methods and Materials provisions of the fire code for the Fire Marshal's review. There is no guarantee that the Alternate Methods and Materials proposal will be approved as proposed.

39. Fire department access roads shall comply with Newport Beach Fire Guidelines C.01 and C.02.

40. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

41. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to the premises. Fire -flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B of the 2019 California Fire Code.

42. Fire hydrants shall be spaced along fire department access roads in compliance with the 2019 California Fire Code Appendix C.

43. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided.

44. Additional facilities or changes to the current facilities shall require submitted plans to the Newport Beach Fire Prevention Division for all changes, additions and modifications to existing or new fire protection systems.

45. The use or storage of portable propane heaters shall be prohibited. Heaters for future outdoor areas shall be fixed and plumbed with natural gas.

46. All fire hydrants and fire access road shall be installed and approved by the Fire Department prior to the delivery of combustible material on site.

Building Division

47. Pursuant to CBC Chapter 1, Division 1.9, all temporary construction trailers, modular office buildings, and safe pedestrian passageways around the construction sites shall be disabled accessible.

48. All temporary modular office buildings shall be approved by the State of California for the proposed use.
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49. Foundations for temporary construction trailers and modular office buildings shall be designed to provide anchorage for these structures against seismic and wind loads; and provided with temporary utility connections.

50. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit.

51. 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
• 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 car-pooling 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 percent (10%) soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.

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 will provide the City with a copy of the NOI and their application check as proof of filing with the State 15-289

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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. Prior to 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, and must show amount of stormwater retained prior to going into the proprietary filtration system.

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 wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water 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. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all necessary pertinent information and details such as easement limits and descriptions; annotated lot lines, centerlines, and boundary lines; signature certificates; curve and line tables; etc.

56. The Final Tract Map shall be prepared on the California coordinate system (NAD88).

Prior to Map recordation, 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 the Orange County Subdivision Code and Orange County Subdivision Manual. The Final Tract Map to be submitted to the City of Newport Beach shall comply with the City"s CADD Standards. Scanned images will not be accepted.

57. Prior to recordation, the Final Map boundary shall be tied onto the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one -inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project.

58. A hydrology and hydraulic study and a master plan of water, sewer and storm drain facilities for the on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to Final Tract Map recordation. 15-290

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59. Easements for public emergency and security ingress/egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City.

60. No structures shall be constructed within the limits of any utility easements.

61. All easements shall be recorded as a part of the Final Tract Map.

62. All applicable fees shall be paid prior to the City approval of the Final Tract Map.

63. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map.

64. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All plan sheets shall be sealed and signed by the California licensed professionals responsible for the designs shown on the Plans.

65. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings.

66. All storm drains and sanitary sewer mains shall be installed with MacWrap.

67. All runoff discharges shall comply with the City's water quality and on -site non -storm runoff retention requirements.

68. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway pavement, traffic detector loops, traffic signal devices, and street trees shall be installed along the development's Coast Highway frontage.

69. Public improvements may be required along the development's Granville Drive frontage upon building permit plan check submittal.

70. All on -site drainage, sanitary sewer, water and electrical systems shall be privately owned, operated, and maintained. The water system shall be owned operate and maintained by the City.

71. All curb return radii shall be 5-feet (5) minimum.

72. Each detached residential dwelling unit or bungalow building shall be served with an individual water service and sewer lateral connection.

73. All overhead utilities serving the entire proposed development shall be made underground.

74. ADA compliant curb ramps shall be installed within the interior parking area. 15-291

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75. The intersection of the public streets, internal roadways, and drive aisle shall be designed to provide adequate sight distance per City of Newport Beach Standard Drawing Standard105. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24-inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non -critical locations, subject to approval by the Traffic Engineer.

76. Any damage to public improvements within the public right-of-way attributable to on- site development may require additional reconstruction within the public right-of-way at the discretion of the Public Works Inspector.

77. The parking lot and vehicular circulation system shall be subject to further review and approval by the City Traffic Engineer. Parking layout shall be per City Standard 805.

Parking layout shall be full dimensioned. On -street parking spaces shall be 8 feet wide by 22 feet long. Drive aisles to parking areas shall be 26 feet wide minimum. The one- way drive aisle adjacent to the hotel's concierge office and guest meeting building shall be 14 feet wide minimum with no parking, otherwise the drive aisle shall be widened to accommodate parking.

78. Cul-de-sacs shall comply with City Standards 102 and 103 and shall have a minimum diameter of 80 feet curb to curb.

79. County Sanitation District fees shall be paid prior to the issuance of any building permits.

80. Prior to the issuance of a building permit, a sewer and water demand study shall be submitted for review by the Public Works and Utilities Department.

81. Prior to the commencement of demolition and grading of the project, the applicant shall submit a construction management plan (CMP) to be reviewed and approved by the Community Development Director, City Eire Marshal, and City Traffic Engineer. The plan shall include discussion of project phasing, parking arrangements during construction, anticipated haul routes and construction mitigation. Upon approval of the CMP, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved CMP.

82. Prior to the issuance of a building permit, a sewer system management plan shall be submitted for review and approval by the Public Works and Utilities Department.

83. Prior to the issuance of a building permit, various water and sewer easement for City mains located on the adjacent properties shall be obtained and conveyed to the City.

84. A storm drain easement on behalf of the project shall be obtained from the adjacent property owner prior to issuance of a building permit. Provide documentation of said easement.
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85. The City sewer manhole located within 1600 East Coast Highway shall be relocated to an area outside of the landscape and parking stalls. The manhole location shall be accessible at all time. A new sewer easement shall be provided for the sewer manhole and sewer main within the 1600 East Coast Highway property.

86. The public sewer connection to the OCSD main shall utilize the existing OCSD manhole located within East Coast Highway unless otherwise approved by OCSD and the City.

Final design shall be approved by OCSD and the City.

87. The existing private sewer main from the proposed point of connection to the City's manhole located near East Coast Highway shall be video inspected and any damage repaired prior.

88. Utility easements shall be provided for all City water meters, fire hydrants, valves and back flow devices.
15-293

Attachment G
City Council Minutes Excerpts, Dated September 27, 2022 15-294

City of Newport Beach
City Council Meeting
September 27, 2022
b) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and approve Budget Amendment No. 23-013 to increase expenditures by the same amount in Division 0106052 (Friends of the Library).

13. Confirmation of Appointments to the Ad Hoc Municipal Code and Council Policy Review Committee [241100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm Mayor Kevin Muldoon's appointments of himself, Mayor Pro Tem Noah Blom, and Council Member Will O'Neill (Chair) to the Ad Hoc Municipal Code and Council Policy Review Committee.

14. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant PT23055 (C-8201-7) [381100-20221 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the City Council to accept a $350,000 Selective Traffic Enforcement Program (STEP) award granted to the NBPD by the OTS per City Council Policies F-3 and F-25. To comply with City Council Policy F-3, the City Council must formally accept the award of $350,000 and create a new appropriation to expend the funds; and
c) Approve Budget Amendment No. 23-015 increasing NBPD revenue estimates and expenditure appropriations by $350,000.

Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar; and noting the recusal by Mayor Muldoon to Item 6, the "no" votes by Mayor Muldoon to Items 3 and 8, and the amendments to Items 1 and 11.

The motion carried unanimously.

XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS — None
XVIII. PUBLIC HEARINGS

15. Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport Beach Project Amendment (PA2021-260) (C-5068) [381100-20221
Community Development Director Jurjis and Associate Planner Lee utilized a presentation to review the project location, land use, previously approved project, proposed amendments, previous and proposed site plan comparisons, project entitlements, CEQA review, proposed Condition No. 6, and recommended actions.

In response to Council Member O'Neill's question, Community Development Director Jurjis confirmed that the applicant submitted an application for tennis courts and the City is not prohibiting pickleball courts.

Mayor Muldoon opened the public hearing.

Robert O Hill provided the project background and utilized a presentation to review the amended plans, display renderings, floor plans, photos, and a letter from Kory Kramer of Eagle Four Partners.

He further recommended working together with Eagle Four Partners and provided other potential partners and tax revenue benefits.

Volume 65 - Page 401 15-295

City of Newport Beach
City Council Meeting
September 27, 2022
In response to Council Member Dixon's questions, Mr. 0 Hill identified a new lap pool on the rendering, stated the 28 pickleball courts will remain, agreed to comply with Condition No. 6, which Community Development Director Jurjis agreed the applicant can start right away with a parking study, and outlined units that will help the City meet affordable housing development goals.

Mayor Pro Tem Blom noted changes in Mr. 0 Hill's previous affordable housing participation and, as per Community Development Director Jurjis, the applicant's permit is expired and requires updates to the plan and plan checks by the Building Department. In response to Mayor Pro Tem Blom's question, Mr. 0 Hill stated that it is best for pickleball and the applicant to not include pickleball in the amendment in order to complete the hotel lease and parking requirements. Mayor Pro Tem Blom noted that the current pickleball courts exist without a City process, the City will not take away the existing courts, and encouraged Mr. 0 Hill to go through the process to make everyone happy at the same time by adding the pickleball courts to the plan. In response to Mr. 0 Hill's question, Community Development Director Jurjis relayed that the applicant's return date to Council is unknown until after the study is conducted.

Council Member Dixon supported a parallel path and in response to her question, Community Development Director Jurjis stated that the City will not get in the way of the existing pickleball courts, and Mr. 0 Hill confirmed that pickleball will continue indefinitely as codification with the California Coastal Commission (CCC) and traffic study take place.

Brett Feuerstein and Ryan Chase, 50% owners of The Tennis Club at Newport Beach property, noted an arbitration in progress to determine if Golf Realty Fund has the authority to unilaterally process the application, opposed the proposed plan, thanked staff for their work, expressed interest in finding a solution that enables The Tennis Club to grow and thrive, and expressed concern that there are no pickleball courts in the plan and the proposed lease is for twenty years.

Sean Abdali, President of Grand Slam Tennis and The Tennis and Pickleball Club operator, stated the Club is the largest and most prestigious in America with passionate pickleball members, promised to one day offer majority pickleball, expressed interest in a 72-year lease and new clubhouse, noted a petition opposing the construction of a hotel and tennis court demolition, and asked that Council support Plan B.

Dalen Lawrence opposed the amendment.

Stacy Evans read a statement from Nick Bollettieri in support of Plan B.

John Rosen opposed the amendment.

Darcy Bouzeos opposed the amendment.

Debbie Schwartz pointed out a discrepancy in the pickleball court plans and requested that Council deny the amendment.

Michelle Hatch expressed the opinion that Mr. 0 Hill and Mr. Abdali used deception tactics and urged Council to oppose Plan B.

Gerald Kelleher relayed instances that have led him to question trust in the operator and owner.

Leo Figueroa supported the amendment and the Club providing both tennis and pickleball.

Rick Tarbell encouraged Council to include 28 pickleball courts as a condition in the amendment, otherwise he opposed the amendment.

Robin, employee and member of The Tennis Club at Newport Beach, confirmed a 1,300-person membership and Club intention to offer pickleball.

An unidentified speaker expressed the opinion that non -transparency exists at The Club.

Volume 65 - Page 402 15-296

City of Newport Beach
City Council Meeting
September 27, 2022
Dawna Baroda Clark expressed an interest in preserving The Tennis Club at Newport Beach and was curious about alternatives.

Lewis Lanzner noted a discrepancy in the number of pickleball and tennis courts.

Jim Mosher questioned the amount that Council can approve in the General Plan Amendment without a vote of the public pursuant to the City Charter and suggested providing Mr. O Hill with a total development limit on the property and allowing him to determine the amount of hotel rooms he can fit within 40,000 square feet.

Hearing no further testimony, Mayor Muldoon closed the public hearing.

In response to Council Member Dixon's question, Community Development Director Jurjis confirmed that Council has the authority to vote on this amendment.

Council Member Dixon supported the project and proposed a motion to approve the General Plan and Coastal Development Permit amendments and amend the Community Development Plan to include a condition requiring 28 pickleball courts, of which Mr. O Hill agreed. Community Development Director Jurjis stated that the study and entitlement processing are for tennis courts and confirmed pickleball courts cannot be incorporated without adding a second amendment. City Attorney Harp indicated that Council cannot require Mr. O Hill to oblige without an analysis and a statement of intent of Council to provide 28 pickleball courts could be included, but it would not be binding without an analysis.

Council Member O'Neill noted that all owners must sign off on the plan in order for the map to be recorded and the applicant can proceed to CCC contingent upon approval. In response to his inquiry, Community Development Director Jurjis noted that the applicant would need to repeat the CCC process if the applicant decides to convert to pickleball courts after the project was approved by CCC for tennis courts, and noted the challenges related to the plan being a Local Coastal Plan Amendment. Council Member O'Neill relayed why he previously voted "no" on the amendment for the development agreement and expressed frustrations about the project.

In response to Council Member Brenner's question, Community Development Director Jurjis indicated that Council can deny, continue, or approve the application. Furthermore, he acknowledged the pending arbitration case and that Mr. O Hill can submit the entitlements for Council review.

In response to Mayor Muldoon's request, City Attorney Harp explained that the City has determined that Mr. O Hill has the authority to process the application under the Newport Beach Municipal Code provisions and the arbitration is separate from the City.

Mayor Muldoon noted that the Newport Beach Tennis Club is thriving under Mr. Abdali's leadership, pickleball is the fastest growing sport in America and a better profit opportunity than tennis courts, and the maps are not showing pickleball courts because they need to split the tennis courts. In response to Mayor Muldoon's question, Mr. O Hill agreed to have 26-28 pickleball courts, contingent on the traffic study results.

Motion bMayor Muldoon, seconded by Council Member Dixon, to a) adopt Resolution No. 2022-65, AResolution of the City Council of the City of Newport Beach, California, Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for the Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); b) adopt Resolution No. 2022-66, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Amendment to Major Site Development Review No. SD2011-002, Amendment to Coastal Development Permit No. CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005-003, and Amendment to Limited Term Permit No. XP2011-004 for the Tennis Club at Newport Beach Volume 65 - Page 403 15-297

City of Newport Beach
City Council Meeting
September 27, 2022
Located at 1602 East Coast Highway (PA2021-260); c) adopt Resolution No. 2022-67, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis Club Located at 1602 East Coast Highway (PA2021-260); d) waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2022-19, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass on to second reading on October 11, 2022; and e) waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2022-20, An Ordinance of the City Council of the City of Newport Beach, California, Approving the Second Amendment to the Development Agreement (DA2008-001) for the Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass on to second reading on October 11, 2022.

Council Member Avery stated that the project is not ready to come to Council, but he believes it is a great location, facility, and plan and would be a shame if it cannot be brought together for everyone to win.

In response to Council Member Dixon's questions, Community Development Director Jurjis explained the series of steps to obtain a permit, Mr. O Hill clarified that the new plan documents will not include pickleball courts because they already exist and will remain, indicated he agrees with the conditions approved by the Planning Commission and substitute condition suggested by staff, shared a willingness to start the traffic study immediately to gain official approval, and clarified the demolition of tennis courts for the development of a hotel. Community Development Director Jurjis reiterated the application process for pickleball courts and stated that, if Council approves the item, Mr. O Hill will submit a fully revised application to the City.

Council Member Dixon discussed next steps and acknowledged the existing pickleball courts, missing traffic study requirement, and stated that this is a fine project. Community Development Director Jurjis noted the entitlements are for tennis courts until Mr. O Hill submits a revised application featuring pickleball courts, which the City will then submit to the CCC.

Council Member Brenner expressed the opinion that the applicant made it difficult for Council, the project is not ready for approval, and expressed a desire for the applicant to make the project happen.

With Mayor Pro Tem Blom and Council Members Avery, Brenner, Duffield, and O'Neill voting "no," the motion failed 2-5.

Motion by Council Member O'Neill, seconded by Council Member Duffield, to continue the item until the meeting after the Planning Commission approves plans that include pickleball courts.

With Mayor Muldoon voting "no," the motion carried 6-1.

16. Call for Review — Denial of Reforestation Request for 938 Sandcastle Drive [100-20221 Public Works Director Webb and Parks and Trees Superintendent Pekar utilized a presentation to review the denial, provide background on the initial request, initial inspection findings, staff denial, reforestation process, Parks, Beaches, and Recreation Commission (PB&R) August 2, 2022 meeting details, and basis for the call for review to Council.

In response to Council Member Avery's questions, Parks and Trees Superintendent Pekar noted the current tree is 15 years old, a replacement tree would take many years to grow, the new tree would not reach the same height as the current tree, and urban forest planting adds more trees. than losing trees.

Volume 65 - Page 404 15-298

Attachment H
Correspondence
15-299

Received after Agenda Printed
September 27, 2022
Written Comments
September 27, 2022, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( iimmosher(@-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the September 13, 2022 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in c*�, &eout underline format. The page numbers refer to Volume 65.

residents regarding fractional ownership during recent community events, asked that Council consider the residents' dissatisfaction, and direct City staff to further explore options to regulate or restrict fractional home ownership." [or "..., and City staff to further explore ..."]

City was starting to lose local control to the State, experienced more density and traffic, agreed with implementing a moratorium, cautioned the potential cost to the City, supported looking at what other cities have done and updating the NBMC, and mitigate mitipatin_g the impacts." [or "... updating the NBMC,—anal to mitigate the impacts."]

` Met with Denis L-,abenge LaBonge and Amber Snyder regarding the Fire Safety Council and home hardening efforts.
* Attended the General Plan Update Planning Steering Committee meeting, Sherman Gardens Annual Garden Party, League of California Cities Conference, two-day Source -to - Sea Water Conference ..."

provided an update on the Banning Ranch acquisition effort, ..." Item Xlll. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE

PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM)
Item 1, the draft minutes of the September 13 meeting, on page 385, shows two requests for future agenda items, only one of which appears here, under Item XIII.

The other was for "a future agenda item to consider directing staff to review the status of a general aviation issue regarding private jet bias and bring back a report to Council with a plan of action and remedies."
I can imagine this could have been withdrawn, perhaps on an assurance that the Aviation Committee was looking into it, but it is always troubling to the public to see requests made on their behalf and then seemingly not acted upon.

Item 10. School Resource Officer Program Agreement
It is good to see the school district sharing in the cost of this effort, unlike the equally -necessary crossing guards for which the City appears to pay the full cost. 15-300

Item 12. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2022-23 Maintenance and Operation Budget
It is good to see the Friends continue their remarkable success at fundraising, primarily through the sale of donated books.

Formerly the Library Foundation was the larger contributor, serving as the primary conduit for monetary donations. The last few years, however, it seems contributions to the library through them have been largely diverted to their Lecture Hall project, which it could be argued benefits their private organization at least as much as it benefits the library.

Item 13. Confirmation of Appointments to the the [sic] Ad Hoc Municipal Code and Council Policy Review Committee
Since this committee will apparently focus solely on deleting words from the City's codes and policies, it seems ironic the agenda notice for this item (as shown above) contains a word that could be deleted.

That said, one would not guess the committee's very limited function from the notice, and I would have hoped the committee was charged with "review" — that is looking for improvements, rather than only deletions.

It might be noted that at least with regard to the Council Policy Manual, prior to 2017, Policy D-3 required an at least annual review not just for deletions, but "for any needed additions, changes or deletions deemed appropriate." It is not clear why the Council dropped that review.

Item 15. Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport Beach Project Amendment (PA2021-260)
It is not clear why the notice copied above focuses on the two ordinances being introduced, since the item recommends the Council also adopt three resolutions, some of which may have more immediate effect.

That said, it is frustrating to spend several hours preparing three pages of written comments to the Planning Commission on this topic, and see them not passed on to the Council, but reduced to a single sentence buried on page 15-193 of the agenda packet and neither acknowledged nor addressed anywhere else in the staff report.

For those interested, those earlier comments are likely somewhere in the 347 page PDF document Community Development staff has used to archive part of the September 8, 2022, Planning Commission agenda Item 3, as well as, for a little while, starting on page 60 of the 77 pages of "Item No. 3b - Additional Materials Received" posted at the time of the hearing, and included here by reference.

The essence of those earlier comments was that staff is deceptively suggesting the City Council has the power to approve this very substantial proposed amendment to the General Plan without the City Charter Section 423 ("Green light") vote by the people that it clearly requires. 15-301

Staff's entire response to date consists of Deputy Director Campbell's dismissal of those comments starting at 1:03:55 in the Planning Commission video: "We've done the Greenlight analysis. We don't agree with Mr. Mosher's viewpoint on the analysis. To adopt his point of view would suggest that the City Council did not approve entitlements for this club and so the increase here with the General Plan Amendment is only 14, 000 square feet and that is pursuant to Council policy, you know with every hotel room equals 1,000 square feet. So, we're following City Council policy to a T on this analysis and it does not result in a vote of the electorate." This is the same Deputy Director Campbell who, as Principal Planner, wrote a November 9, 2011, memo to the Planning Commission stating that changing the voter -approved allocation for tennis courts at this site into an allocation for hotel rooms or building floor area would require processing a General Plan amendment.

Yet because Greenlight votes are triggered by General Plan amendments and amending the Plan in 2012 would have triggered a Greenlight vote, the entitlements he refers to above as having been previously approved by the Council were approved without processing a General Plan amendment and therefore without any Greenlight tracking.

As a result, everything being requested to be added to the General Plan — 41 hotel rooms, not 14 — is being added for the first time.

In addition, counting it's not clear counting hotel rooms larger than 1,000 sf as being 1,000 sf and ignoring the requests for large amounts of ancillary square footage is "we're following City Council policy to a T," for if one looks at Table LU2 (Anomaly Locations) in the General Plan Land Use Element (starting on page 3-18), one sees about half specify a square foot development limit that includes the hotel rooms, and about half specify a development limit in addition to the hotel rooms. The presently proposed amendment on page 15-59 of the staff report is different in appearance from those, and especially unusual in its footnote purporting to explain the origin of the 41 hotel rooms.

In the present case, Condition 5 on page 15-50 of the staff report indicates the "41 hotel rooms" will be adding not the assumed 41,000 sf, but rather allowing 61,870 sf of development not currently in the General Plan. Either way, this over the 40,000 sf requiring voter approval.

To be sure, the applicant, Mr. O Hill, may have had a good faith belief that when voters approved the comprehensive General Plan update with of Measure V in 2006, they approved enough entitlements for his projected development. For indeed they did, approving on Anomaly 46 not just the existing 3,725 sf clubhouse and 24 tennis courts, but making it eligible for the "MU-H3" floating pool of 540 residences and 65 hotel rooms.

But by the time Mr. O Hill submitted his proposal in 2011, other developers had gobbled up all of the MU-H3 floating pool except for 5 residences, which he claimed as his. But (and despite any City Council approvals in 2012) there was no provision left in the General Plan for the 27 or 41 hotel rooms he might like to build.

To copy from my comments to the Planning Commission, according to pages 7 and 11 of Resolution No. 2006-77, what was presented to voters and approved by them in 2006 was:
15-302

Anomaly it
Number
46 Ll MJ-H3fPP 3.72u 24 TEnJs courts
A dddiorra! f rsfcrm pf fa rr
Residerl;al pe'lmiftCd ill
eccordance wi N i,11U-HI
and since no amendments to Anomaly 46 have ever been processed, that is exactly what the General Plan continues to allow at Anomaly 46.

The current City Council resolution proposes to amend that to read:

Anomaly Statistical Land Use
Number Area Designation
46 L1 MU-H3/PR
Development
Limit (0)
3,725
Development
Limit (Other)
8 Tennis Courts
41 Hotel
Rooms*
Additional Information
Residential permitted in
accordance with MU-
H3
*27 rooms converted
from 17 tennis courts
per Council Resolution
2012-10 and 14 rooms
per General Plan
Amendment PA2022-
260
Whatever the footnote might say, the 41 hotel rooms, comprising at least 41,000 sf (and more realistically 61,870 sf) are entirely new, and have never been in the General Plan before.

Since either of those is more than 40,000 sf, voter approval is required.

But staff says "no."
As proof the 27 hotel rooms were not previously added to the General Plan in 2012 "per Council Resolution 2012-10," had they been added then, there would have been evidence of them in the City's Charter Section 423 Statistical Area Tracking Tables for the 10 years following that.

But there is no such record because there was no amendment and no prior Greenlight tracking.

Shown below is the City's Greenlight Tracking Table for Newport Center (Statistical Area L1) as captured by the Internet Archive's Wayback Machine on March 1, 2021. 15-303

City of Newport Beach
Charter Secdon423 Trackirg Table
Statistical Area U (Newport Center)
Post 2006General Plan Amendments Approved
Land Use Element
July 1, 2015
(Updated April 15, 20161
(Updated August 13r 2019)
Project Name
Address
Date
Approved
Project%GPA
Number
Amendment
Description
Square Footage
Change
Dwelling Unit
Change
AM Peak Hour
Trip Change
PM Peak Hour
Trip Change
Newport Be mh Country Club
(Clubhouse}
1t2412012
PA20❑S-152
OP20OB-005
Parks and Recreation
{PR) - No Change
21,0❑0
0 N/A
N/A
Viva nteSenior Huusng
8f1312019
PA2019-189
GP201S-003
Private Institutions(PI)
to Mixed Use Horizontal
{MLLH9)
❑
(Reduction:
45,028 to 16,DCO)
90 26
=_
100% Tot@s
21,DD6
90 26
=_
80%Totals
16,800
72 21
A2
Remaining Capacity Without
vote
23,200
28 79
58 GPA— General Plan Amendment
CLUP—OoaAaILand Use P an
10096Totals —Cum ulutive increases Fes uhingfrom approved GPM:,. Decreases are not included. 80% Totals -Charter Section 423 requires that 800Aof square footage, dwe hng unrt and peak hourtrlp increases of "Prior Amendmentr' be tracked For a period of 10years and added to proposed general plan amendments located within the same Statlrtical Area to determine if the 423 GPA Thresholds are exceeded and a vote of the electorate required- Decreases in any category are not tracked.

Charter Section423Thres1holds: 40,000 square feet of non-residential floor arear 'Do duelling units,100 AM or PM Peak Hour trips Note that this prior tracking table does show 21,000 sf added for the neighboring Newport Beach Country Club golf clubhouse on January 24, 2012, which is the reason amending the General Plan to add 27 hotel rooms for the Tennis Club at that time would have broken the 40,000 sf Greenlight limit and required voter approval.

In effect, staff is saying they could avoid a Greenlight vote in 2012 by claiming no General Plan amendment took place in 2012, and they can avoid a Greenlight vote in 2022 by claiming a General Plan amendment did take place in 2012. The contradiction should be self-evident.

One might argue that since the golf Country Club floor area increase is more than 10 years in the past and has dropped off the Greenlight tracking, Mr. O Hill could avoid a vote now by simply removing one or two hotel rooms from his proposal (assuming the Council is OK counting his rooms as 1,000 sf each and ignoring the large amount of ancillary development he desires).

But even then, the point is that the amount new allocation presently being added to the General Plan is much more than staff's claimed "14,000 sf' and needs to be properly acknowledged, for it becomes part of the Greenlight tracking that affects future General Plan amendment requests for the next 10 years.
15-304

Item 16. Call for Review — Denial of Reforestation Request for 938 Sandcastle Drive
Considering residents are expected to share in maintaining the City trees in the public parkways adjacent to their homes (primarily by watering them), this appeal by a prominent city figure highlights what could be government over -control in deciding what kind of tree that jointly - maintained tree should be.

However, a key expectation of all governments is that the rules they create will be applied equally to all, without favoritism.

In the present case, the Parks, Beaches and Recreation Commission's consistent interpretation of the City's current policy has been to deny requests to replace healthy City street trees that are not causing significant damage, especially with a less well -developed specimen.

PB&R sometimes even denies replacement of trees that do seem to be causing damage, as the Council may recall from the appeal it heard as Item 20 on August 24, 2021, and upheld 5:2.' So, if the current rule creates what the Council sees as over -control, I think the response should be a modified rule rather than applying the existing rule differently from the way it has been applied to others.

The appellant, and all those others, can then come back with a renewed request under the new rule, whatever it may be.

Item 18. Community Development Block Grant Program Year 2021-22, Consolidated Annual Performance and Evaluation Report
I need to study this item more carefully, but the explanation of the status of substantial amounts of expenditure planned for the last year that either were not spent or have not yet been "drawn" (and why they were not spent or drawn) is less than clear.

In addition, with the loan for long -ago improvements in Balboa Village finally payed off, it is not clear to me what the plan is to spend the newly -available money in future years.

It might be noted that CDBG funds were used to develop the original OASIS center, and many think there should be a facility offering similar or supplemental services on the west side of town.

One of the two trees that was the subject of that denied appeal later suffered limb failures after a night of Santa Ana winds, and was replaced.
15-305

Received after Agenda Printed
September 27, 2022
Written Comments
September 27, 2022, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( iimmosher(@-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the September 13, 2022 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in c*�, &eout underline format. The page numbers refer to Volume 65.

residents regarding fractional ownership during recent community events, asked that Council consider the residents' dissatisfaction, and direct City staff to further explore options to regulate or restrict fractional home ownership." [or "..., and City staff to further explore ..."]

City was starting to lose local control to the State, experienced more density and traffic, agreed with implementing a moratorium, cautioned the potential cost to the City, supported looking at what other cities have done and updating the NBMC, and mitigate mitipatin_g the impacts." [or "... updating the NBMC,—anal to mitigate the impacts."]

` Met with Denis L-,abenge LaBonge and Amber Snyder regarding the Fire Safety Council and home hardening efforts.
* Attended the General Plan Update Planning Steering Committee meeting, Sherman Gardens Annual Garden Party, League of California Cities Conference, two-day Source -to - Sea Water Conference ..."

provided an update on the Banning Ranch acquisition effort, ..." Item Xlll. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE

PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM)
Item 1, the draft minutes of the September 13 meeting, on page 385, shows two requests for future agenda items, only one of which appears here, under Item XIII.

The other was for "a future agenda item to consider directing staff to review the status of a general aviation issue regarding private jet bias and bring back a report to Council with a plan of action and remedies."
I can imagine this could have been withdrawn, perhaps on an assurance that the Aviation Committee was looking into it, but it is always troubling to the public to see requests made on their behalf and then seemingly not acted upon.

Item 10. School Resource Officer Program Agreement
It is good to see the school district sharing in the cost of this effort, unlike the equally -necessary crossing guards for which the City appears to pay the full cost. 15-306

Item 12. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2022-23 Maintenance and Operation Budget
It is good to see the Friends continue their remarkable success at fundraising, primarily through the sale of donated books.

Formerly the Library Foundation was the larger contributor, serving as the primary conduit for monetary donations. The last few years, however, it seems contributions to the library through them have been largely diverted to their Lecture Hall project, which it could be argued benefits their private organization at least as much as it benefits the library.

Item 13. Confirmation of Appointments to the the [sic] Ad Hoc Municipal Code and Council Policy Review Committee
Since this committee will apparently focus solely on deleting words from the City's codes and policies, it seems ironic the agenda notice for this item (as shown above) contains a word that could be deleted.

That said, one would not guess the committee's very limited function from the notice, and I would have hoped the committee was charged with "review" — that is looking for improvements, rather than only deletions.

It might be noted that at least with regard to the Council Policy Manual, prior to 2017, Policy D-3 required an at least annual review not just for deletions, but "for any needed additions, changes or deletions deemed appropriate." It is not clear why the Council dropped that review.

Item 15. Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport Beach Project Amendment (PA2021-260)
It is not clear why the notice copied above focuses on the two ordinances being introduced, since the item recommends the Council also adopt three resolutions, some of which may have more immediate effect.

That said, it is frustrating to spend several hours preparing three pages of written comments to the Planning Commission on this topic, and see them not passed on to the Council, but reduced to a single sentence buried on page 15-193 of the agenda packet and neither acknowledged nor addressed anywhere else in the staff report.

For those interested, those earlier comments are likely somewhere in the 347 page PDF document Community Development staff has used to archive part of the September 8, 2022, Planning Commission agenda Item 3, as well as, for a little while, starting on page 60 of the 77 pages of "Item No. 3b - Additional Materials Received" posted at the time of the hearing, and included here by reference.

The essence of those earlier comments was that staff is deceptively suggesting the City Council has the power to approve this very substantial proposed amendment to the General Plan without the City Charter Section 423 ("Green light") vote by the people that it clearly requires. 15-307

Staff's entire response to date consists of Deputy Director Campbell's dismissal of those comments starting at 1:03:55 in the Planning Commission video: "We've done the Greenlight analysis. We don't agree with Mr. Mosher's viewpoint on the analysis. To adopt his point of view would suggest that the City Council did not approve entitlements for this club and so the increase here with the General Plan Amendment is only 14, 000 square feet and that is pursuant to Council policy, you know with every hotel room equals 1,000 square feet. So, we're following City Council policy to a T on this analysis and it does not result in a vote of the electorate." This is the same Deputy Director Campbell who, as Principal Planner, wrote a November 9, 2011, memo to the Planning Commission stating that changing the voter -approved allocation for tennis courts at this site into an allocation for hotel rooms or building floor area would require processing a General Plan amendment.

Yet because Greenlight votes are triggered by General Plan amendments and amending the Plan in 2012 would have triggered a Greenlight vote, the entitlements he refers to above as having been previously approved by the Council were approved without processing a General Plan amendment and therefore without any Greenlight tracking.

As a result, everything being requested to be added to the General Plan — 41 hotel rooms, not 14 — is being added for the first time.

In addition, counting it's not clear counting hotel rooms larger than 1,000 sf as being 1,000 sf and ignoring the requests for large amounts of ancillary square footage is "we're following City Council policy to a T," for if one looks at Table LU2 (Anomaly Locations) in the General Plan Land Use Element (starting on page 3-18), one sees about half specify a square foot development limit that includes the hotel rooms, and about half specify a development limit in addition to the hotel rooms. The presently proposed amendment on page 15-59 of the staff report is different in appearance from those, and especially unusual in its footnote purporting to explain the origin of the 41 hotel rooms.

In the present case, Condition 5 on page 15-50 of the staff report indicates the "41 hotel rooms" will be adding not the assumed 41,000 sf, but rather allowing 61,870 sf of development not currently in the General Plan. Either way, this over the 40,000 sf requiring voter approval.

To be sure, the applicant, Mr. O Hill, may have had a good faith belief that when voters approved the comprehensive General Plan update with of Measure V in 2006, they approved enough entitlements for his projected development. For indeed they did, approving on Anomaly 46 not just the existing 3,725 sf clubhouse and 24 tennis courts, but making it eligible for the "MU-H3" floating pool of 540 residences and 65 hotel rooms.

But by the time Mr. O Hill submitted his proposal in 2011, other developers had gobbled up all of the MU-H3 floating pool except for 5 residences, which he claimed as his. But (and despite any City Council approvals in 2012) there was no provision left in the General Plan for the 27 or 41 hotel rooms he might like to build.

To copy from my comments to the Planning Commission, according to pages 7 and 11 of Resolution No. 2006-77, what was presented to voters and approved by them in 2006 was:
15-308

Anomaly it
Number
46 Ll MJ-H3fPP 3.72u 24 TEnJs courts
A dddiorra! f rsfcrm pf fa rr
Residerl;al pe'lmiftCd ill
eccordance wi N i,11U-HI
and since no amendments to Anomaly 46 have ever been processed, that is exactly what the General Plan continues to allow at Anomaly 46.

The current City Council resolution proposes to amend that to read:

Anomaly Statistical Land Use
Number Area Designation
46 L1 MU-H3/PR
Development
Limit (0)
3,725
Development
Limit (Other)
8 Tennis Courts
41 Hotel
Rooms*
Additional Information
Residential permitted in
accordance with MU-
H3
*27 rooms converted
from 17 tennis courts
per Council Resolution
2012-10 and 14 rooms
per General Plan
Amendment PA2022-
260
Whatever the footnote might say, the 41 hotel rooms, comprising at least 41,000 sf (and more realistically 61,870 sf) are entirely new, and have never been in the General Plan before.

Since either of those is more than 40,000 sf, voter approval is required.

But staff says "no."
As proof the 27 hotel rooms were not previously added to the General Plan in 2012 "per Council Resolution 2012-10," had they been added then, there would have been evidence of them in the City's Charter Section 423 Statistical Area Tracking Tables for the 10 years following that.

But there is no such record because there was no amendment and no prior Greenlight tracking.

Shown below is the City's Greenlight Tracking Table for Newport Center (Statistical Area L1) as captured by the Internet Archive's Wayback Machine on March 1, 2021. 15-309

City of Newport Beach
Charter Secdon423 Trackirg Table
Statistical Area U (Newport Center)
Post 2006General Plan Amendments Approved
Land Use Element
July 1, 2015
(Updated April 15, 20161
(Updated August 13r 2019)
Project Name
Address
Date
Approved
Project%GPA
Number
Amendment
Description
Square Footage
Change
Dwelling Unit
Change
AM Peak Hour
Trip Change
PM Peak Hour
Trip Change
Newport Be mh Country Club
(Clubhouse}
1t2412012
PA20❑S-152
OP20OB-005
Parks and Recreation
{PR) - No Change
21,0❑0
0 N/A
N/A
Viva nteSenior Huusng
8f1312019
PA2019-189
GP201S-003
Private Institutions(PI)
to Mixed Use Horizontal
{MLLH9)
❑
(Reduction:
45,028 to 16,DCO)
90 26
=_
100% Tot@s
21,DD6
90 26
=_
80%Totals
16,800
72 21
A2
Remaining Capacity Without
vote
23,200
28 79
58 GPA— General Plan Amendment
CLUP—OoaAaILand Use P an
10096Totals —Cum ulutive increases Fes uhingfrom approved GPM:,. Decreases are not included. 80% Totals -Charter Section 423 requires that 800Aof square footage, dwe hng unrt and peak hourtrlp increases of "Prior Amendmentr' be tracked For a period of 10years and added to proposed general plan amendments located within the same Statlrtical Area to determine if the 423 GPA Thresholds are exceeded and a vote of the electorate required- Decreases in any category are not tracked.

Charter Section423Thres1holds: 40,000 square feet of non-residential floor arear 'Do duelling units,100 AM or PM Peak Hour trips Note that this prior tracking table does show 21,000 sf added for the neighboring Newport Beach Country Club golf clubhouse on January 24, 2012, which is the reason amending the General Plan to add 27 hotel rooms for the Tennis Club at that time would have broken the 40,000 sf Greenlight limit and required voter approval.

In effect, staff is saying they could avoid a Greenlight vote in 2012 by claiming no General Plan amendment took place in 2012, and they can avoid a Greenlight vote in 2022 by claiming a General Plan amendment did take place in 2012. The contradiction should be self-evident.

One might argue that since the golf Country Club floor area increase is more than 10 years in the past and has dropped off the Greenlight tracking, Mr. O Hill could avoid a vote now by simply removing one or two hotel rooms from his proposal (assuming the Council is OK counting his rooms as 1,000 sf each and ignoring the large amount of ancillary development he desires).

But even then, the point is that the amount new allocation presently being added to the General Plan is much more than staff's claimed "14,000 sf' and needs to be properly acknowledged, for it becomes part of the Greenlight tracking that affects future General Plan amendment requests for the next 10 years.
15-310

Item 16. Call for Review — Denial of Reforestation Request for 938 Sandcastle Drive
Considering residents are expected to share in maintaining the City trees in the public parkways adjacent to their homes (primarily by watering them), this appeal by a prominent city figure highlights what could be government over -control in deciding what kind of tree that jointly - maintained tree should be.

However, a key expectation of all governments is that the rules they create will be applied equally to all, without favoritism.

In the present case, the Parks, Beaches and Recreation Commission's consistent interpretation of the City's current policy has been to deny requests to replace healthy City street trees that are not causing significant damage, especially with a less well -developed specimen.

PB&R sometimes even denies replacement of trees that do seem to be causing damage, as the Council may recall from the appeal it heard as Item 20 on August 24, 2021, and upheld 5:2.' So, if the current rule creates what the Council sees as over -control, I think the response should be a modified rule rather than applying the existing rule differently from the way it has been applied to others.

The appellant, and all those others, can then come back with a renewed request under the new rule, whatever it may be.

Item 18. Community Development Block Grant Program Year 2021-22, Consolidated Annual Performance and Evaluation Report
I need to study this item more carefully, but the explanation of the status of substantial amounts of expenditure planned for the last year that either were not spent or have not yet been "drawn" (and why they were not spent or drawn) is less than clear.

In addition, with the loan for long -ago improvements in Balboa Village finally payed off, it is not clear to me what the plan is to spend the newly -available money in future years.

It might be noted that CDBG funds were used to develop the original OASIS center, and many think there should be a facility offering similar or supplemental services on the west side of town.

One of the two trees that was the subject of that denied appeal later suffered limb failures after a night of Santa Ana winds, and was replaced.
15-311

September 27, 2022
Item No. 15
From: Rieff, Kim
To: Mulvey. Jennifer
Subject: FW: Pickleball- AGAINST the project amendment
Date: September 20, 2022 11:54:54 AM
-----Original Message -----
From: Denise Larson
Sent: September 19, 2022 1:58 PM
To: Dept - City Council
Subject: Pickleball- AGAINST the project amendment
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

TO: Newport Beach City Council
RE: Tennis Club at Newport Beach Project Amendment - Project File No.: PA2021-260 FROM: Denise Larson
POSITION: AGAINST the project amendment
One of the property owners has proposed to replace the Tennis and Pickleball Club of Newport Beach with a small hotel and a fraction of the tennis courts. The 35 Pickleball courts will be demolished. This will result in the loss of an incredibly -frequently -used facility that literally serves thousands of Newport Beach residents. Every day, literally hundreds of residents use the club. The project, if passed, will represent an immediate, huge loss for Newport Beach residents and others who attend from surrounding city's.

This Amendment proposal is coming up for a City Council vote on September 27th, and we urge the Council to deny it.

I live in Seal Beach but I'm at the club 5 days a week. I shop and frequent restaurants on daily basis along with my husband.

When the clubs has a tournament, we often get a hotel room to save travel time since they usually start early.

It's such a special place.

We were mislead by management in signing a petition several months ago I do not support the current Plan B.

Please deny Plan B!
Denise Larson
714-747-5550
15-312

September 27, 2022
Item No. 15
From: Rieff, Kim
To: Mulvey. Jennifer
Subject: FW: Project No PA2021-260
Date: September 20, 2022 11:55:39 AM
-----Original Message -----
From: Alison Sims
Sent: September 19, 2022 9:46 AM
To: Dept - City Council
Subject: Project No PA2021-260
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

TO: Newport Beach City Council
RE: Tennis Club at Newport Beach Project Amendment - Project File No.: PA2021-260 FROM: (Name)
POSITION: AGAINST the project amendment
Dear Council Members:

One of the property owners has proposed to replace the Tennis and Pickleball Club of Newport Beach with a small hotel and a fraction of the tennis courts. The 35 Pickleball courts will be demolished. This will result in the loss of an incredible facility that serves thousands of Newport Beach residents. Every day, hundreds of residents use the club. The project, if passed, will represent an immediate, huge loss for Newport Beach residents, myself included.

I am so thankful for my daily Pickleball matches for both exercise and friendships. As a physician for 30 years, it has saved my sanity these past 2 years while working hard at the front lines of the pandemic in urgent care. I can attest that ALL 2000+ members feel that this club that accommodates hundreds of us daily has made our lives richer and healthier.

This Amendment proposal is coming up for a City Council vote on September 27th, and we urge the Council to deny it.

Thank you for your consideration of all the residents'/members' involved in this proposal.

Sincerely,
Alison Sims, M.D.

Marque Urgent Care, Newport Beach CA
Sent from my iPhone
15-313

TO: Honorable Mayor, Newport Beach City Council Members and City Manager FR: Don & Judy Cole- NB Residents and Members of the NB Tennis & Pickleball Club Re: The Tennis Club at Newport Beach Project Amendment- PA2021-260 Robert O'Hill- the managing owner of the property- has proposed to replace the Tennis and Pickleball Club of Newport Beach with a boutique bungalow hotel and a fraction of the courts that currently exist. The members of the "Club" have been misled all along the process into supporting the proposed amendment and inadvertently, the Project itself. While earlier this year the members supported a campaign to stop the development of high rise apartments on the property- proposed by O'Hill's other partners, it is not true that those petitions supported O'Hill's plan or amendment as was stated to the Planning Commission at the last meeting, and to Stu News Newport the following day.

O'Hill stated to the Club membership on multiple occasions that the tennis courts represented on the original plans as tennis were only there because there was no pickleball 10 years ago when the original plans were approved. He explained that the plan was to build out the facility into an upgraded venue with only pickleball courts. Site plans as follows were presented to the members by O'Hill at a July 7 meeting:
15-314

,EW [�fIER

NICK BOLLETTIERI

STADIUM TENNIS &
PICKLE BALL COU9-
2 NEWSTAViL0ARMEMICOURI
2q EnS'W P1C r Ma COURTS
26 TOTALPIclVLE&gLCOms
t,j Nw STAow Tam C%RRTS
O'Hill and Abdali (the managing director of the Club) both reiterated that there will be NO tennis courts (even the center stadium tennis court would be replaced with pickleball) and NO interruption in play. Further, O'Hill committed that the site plans for the City would be updated to reflect Pickleball for the next presentation to the Planning Commission and then to the City Council. As it turned out, the plans that were submitted were not updated as promised and were submitted with all tennis courts. When confronted, O'Hill and Abdali continued to promise that pickleball will continue even if the plans don't designate Pickleball. The day before the Planning Commission meeting on September 8, O'Hill and Abdali asked the members NOT to come to the podium for individual public comments at the Planning Commission meeting to save time, but to stand all at once when requested to represent their endorsement of the plans. So at the Planning Commission Meeting- AFTER public comments were complete, AFTER several NBPC members stood upon request to support the amendment, and right before the vote- the commissioners and staff clarified there is NO pickleball under this plan. A condition of approval for the amendment is that "Pickleball courts shall not be permitted after the issuance of a Certificate of Occupancy for the Tennis Clubhouse and Spa and Fitness Center unless the property owner and/or pickleball facility operator shall follow any and all City of Newport Beach General Plan, Municipal Code, or other applicable requirements in order to continue the use of pickleball courts". Sadly, the amendment passed.

Pickleball IS the Tennis Club today and yet the 35 existing PB courts (which are not even reflected on the as built/existing plan) will be demolished per the new plans. This will result in 15-315

the loss of an incredibly and frequently used facility that serves thousands of Newport Beach residents. The project, if passed will represent a huge loss for Newport Beach residents. It is home to almost 2000 residents playing pickleball each week and that number continues to grow.

The Club houses tennis and pickleball camps, programs and youth activities along with countless charity functions and major tournaments that serve thousands. It has become clear that the proposal for hotel units and a few tennis courts turns it into something that serves only the property owner- not the interests of the City of Newport Beach residents. Pickleball and these types of events will vanish and already there are not enough pickleball courts in Newport Beach. Bonita Canyon and the few new additional courts planned in Newport Coast are woefully inadequate.

We need more open space with more recreational areas to enjoy outdoor physical activity and the benefits that come with it. The Club- which spans 60 years of our city's history- is a rare facility that serves every age group in Newport- from our kids to our seniors. Replacing the Club with hotel rooms and a minimized recreation space will only enrich a few at the expense of .

We urge the City Council to deny this plan amendment. Thank you. 15-316

Received after Agenda Printed
September 27, 2022
Item No. 15
From: City Clerk"s Office
To: Mulvey, Jennifer; Rieff, Kim
Subject: FW: Petition Asking Council to Reject PA2021-260 (476 Signatures) Date: September 26, 2022 11:57:35 AM
Attachments: Save Our Club Signatures - 9-26-2022.pdf

3.0 Tennis Club at Newport Beach Project Amendment PA2021-260.pdf.pdf From: Dalen Lawrence
Sent: Monday, September 26, 2022 11:56:45 AM (UTC-08:00) Pacific Time (US & Canada) To: Dept - City Council
Cc: City Clerk's Office
Subject: Petition Asking Council to Reject PA2021-260 (476 Signatures) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Greetings City of Newport Council Members:

I am submitting the attached petition asking the City Council to vote against and reject The Tennis Club at Newport Beach Project Amendment (PA2021-260) submitted by Golf Realty Fund.

My name is Dalen Lawrence and I live in Eastbluff. This completely digital petition was generated and administered using the services of gooetitions.com. The signatures all have verifiable email addresses and represent a high level of quality.

Our group collected 476 signatures mainly by posting links on a member only chat forum. The overwhelming majority of these names are members of TTC. Also, the majority of the households represent Newport Beach residents. These names were collected in 15 days. Had we more time, there would be significantly more signatures.

The petition language is simple:

We the undersigned call on the Newport Beach City Council to deny the following Development Plan Amendment:

The Tennis Club at Newport Beach Project Amendment (PA2021-260) submitted by Golf Realty Fund that includes the demolition of the club and its replacement by a hotel.

The language of the petition comes from Page 8 of the planning commission hearing. (Attached)
15-317

Please consider our petition in making your decision.

Thank you,
Dalen Lawrence
851 Domingo Dr. #13
Newport Beach, CA 92660
206-556-0936
15-318

Save Our Club
Published by Friend Of TTC on 12th Sep 2022
We strongly oppose the plan to demolish The Tennis Club at Newport Beach and replace it with a hotel.

For 60 years, generations of Newport Beach families have utilized this club as a recreation destination and it is currently home to nearly 2000 members that have built a community around the clubs 31 pickleball courts, 15 tennis courts and a newly remodeled clubhouse.

Not only does this historic club provide its members with life changing mental and physical health benefits from playing pickleball and tennis, it is also home to many of the communities philanthropic events which support local schools and charities. In addition it has become one of the countries largest pickleball and tennis event venues supporting the City's hospitality industry.

We the undersigned call on the Newport Beach City Council to deny the following Development Plan Amendment:

The Tennis Club at Newport Beach Project Amendment (PA2021-260) submitted by Golf Realty Fund that includes the demolition of the club and its replacement by a hotel.

Powered by GoPetition
15-319

Tennis Club at Newport Beach Project Amendment (PA2021-260) Planning Commission, «HearingDATE»

The anticipated duration of construction of the Proposed Project is approximately 20 months, which will begin with the demolition of the existing tennis and pickleball courts and portion of the parking lot. Six (6) tennis courts are to be maintained for use during construction. The construction of the hotel rooms, tennis club house and stadium court will follow immediately and will be completed with the construction of the residential units.

A Phasing Plan is included as part of the Project Plans and is attached to the Staff Report (Attachment No. PC 6).

The property has an existing parking lot with two (2) entrances currently taken from Clubhouse Drive, which has a westerly outlet to East Coast Highway and an easterly outlet to Granville Drive and Newport Center Drive. During the various phases of construction, the easterly entrance to the parking lot will remain available to the public for parking and will provide direct access for the modular office trailer and portable toilets, while the westerly entrance will be for construction access only. A Construction 11 15-320

#
Title
First name
Last name
Email
Address
1 1 1
Region
1 Mr
Dalen
Lawrence
[email protected]
Newport Beach
CA
92660
USA
Sep 12, 2022
2 Rachel
Hong
[email protected]
208 East balboa blvd
Newport Beach
Ca
92661
USA
Sep 13, 2022
3 Mr
Ken
Block
[email protected]
1531, Santanella
Terrace
Corona del mar
Ca
92625
USA
Sep 13, 2022
4 Renee
Carter
[email protected]
Dana Point
Orange
County
Sep 13, 2022
5 Hannah
Doolin
[email protected]
221 E 20th St #B
Costa Mesa
CA
92627
USA
Sep 13, 2022
6 Sawyer
Shrock
[email protected]
217 E Bay
Newport Beach
CA
92661
USA
Sep 13, 2022
7 Samantha Nikki
Hoyt
[email protected]
204 Via Eboli
Newport Beach
CA
92663
USA
Sep 13, 2022
8 Mrs
Catherine
Raack
[email protected]
1942 Port Ramsgate
PI
Newport Beach
Ca
92660
Sep 13, 2022
9 Mrs
Deborah
Schwartz
[email protected]
65 Ocean Vista
Newport Beach
California
192660
USA
Sep 13, 2022
10 Lynn
Salo
[email protected]
308 B Iris Ave
Corona del Mar
Californis
92625
Sep 13, 2022
11 Mr
Cooper
Hagmaier
[email protected]
217 E Bay
Newport Beach
CA
92661
USA
Sep 13, 2022
12 Michelle
Hatch
[email protected]
50 Seaborough
Newport Beach
Ca
92660
Sep 13, 2022
13 Carol
McPhillips
[email protected]
Newport Beach
CA
92663
USA
Sep 13, 2022
14 Mr
Neil
Schwartz
[email protected]
65 ocean vista
Newport Beach
CA
92660
USA
Sep 13, 2022
15 Mrs
Lisa
Daly-mcgraw
[email protected]
2006 Windward Lane,
Newport Beach, Ca
92660
Newport beach
Ca
us
Sep 13, 2022
Please save our beautiful club from becoming a hotel.
16 Imaggie IKehrer [email protected] 131 Ensueno West lIrvine ICA 192620 1 ISep 13, 2022 Pickleball courts bring in money for the city. The Club is a premium club with 33 pickleball courts. It is known as one of the best facilities in the United States. Save pickleball and the Club as it is. 17 Natalie
Adams
[email protected]
274 Palmer, Unit 1/2
Costa Mesa
Ca
92627
USA
Sep 13, 2022
18 Mr
Jon
Rosen
'[email protected]
Newport Beach
CA
92660
USA
Sep 13, 2022
19 Charlotte
Saydah
[email protected]
531 Promontory Drive
West
Newport Beach
CA
92660
Sep 13, 2022
20 Ms
Camille
Burke
[email protected]
117 Collins Avenue
Newport Beach
Ca
92662
USA
Sep 13, 2022
I have been playing at this Club since the 1960s when it was the Tennis Club for the Balboa Bay Club. It has been a great part of Newport Beach. 21 Piper
Vaughn
[email protected]
364 16th Place, A
Newport Beach
CA
92627
Sep 13, 2022
22 Mrs.

Kathy
Ursini
[email protected]
1836 Port Taggart
Place
Newport Beach
California
92660
Sep 13, 2022
23 Melissa
Link
[email protected]
Corona del Mar
CA
92625
Sep 13, 2022
24 Sandy
Selak
[email protected]
2744 W Keller Ave
Santa Ana
CA
92704
USA
Sep 13, 2022
25 Cyndi
Devereaux
[email protected]
132 Via Yella
Newport Beach
Ca
92663
Sep 13, 2022
26 Mr
Scott
Brown
[email protected]
Newport Beach
CA
92660
Sep 13, 2022
27 Mr
Todd
Habermehl
[email protected]
Newport Beach
CA
92660
Sep 13, 2022
28 Mr.

Steve
De Silva
[email protected]
Newport Beach
Ca
Sep 13, 2022
29 Mr
Brandon
Zakour
[email protected]
9281 Sunridge Drive,
Huntington Beach
CA
92646
USA
Sep 13, 2022
30 Scott
Warner
[email protected]
4104 River
Newport Beach
California
Newport Beach
USA
Sep 13, 2022
31 Mr
Mark
Colon
[email protected]
164 Merrill pl #D
Costa Mesa
CAlifornia
92627
USA
Sep 13, 2022
32 Jeffrey
Bethel
'[email protected]
Newport Beach
CA
USA
Sep 13, 2022
33 jMr.

Joshua
Brown
'[email protected]
3918 Teakwood
Santa Ana
CA
92707
Sep 13, 2022
34 Darcy
Bouzeos
[email protected]
6300 San Joaquin
Plaza
Newport Beach
CA
92660
Sep 13, 2022
Powered by GoPetition
15-321

#
Title
First name
Last name
Email
Address
city
State
Postcode
Region
Date
35 Kevin
Dayan
[email protected]
Irvine
CA
USA
Sep 13, 2022
36 Mr
Dave
Strauss
[email protected]
507 Playa
Newport Beach
Ca
92670
Sep 13, 2022
37 B
Tropp
[email protected]
Irvine
CA
92603
Sep 13, 2022
38 Ms
Dawna
Clark
[email protected]
211 Garnet Ave
Newport Beach
California
92662
USA
Sep 13, 2022
39 Mr
Chris
Gambino
[email protected]
798 Via Los Altos
Laguna Woods
California
92637
Sep 13, 2022
Cg
40 jDanielle
ITheriot
[email protected]
1105 via Antibes
lNewport Beach
ICA
192663
JUSA
ISep 13, 2022
41 Mr
lHarold
ISchneider
[email protected]
115 Curl dr
jCorona Del Mar
10range
192625
1 ISep 13, 2022
Overall more revenue will come in through the tennis and Pickleball venue. 42 lCraig
lReese
[email protected]
1169A East 21st Street
lCosta Mesa
ICA
192627
JUSA
ISep 13, 2022
43 Ms.
lKatherine
I Skinner
[email protected]
11000 South Coast Dr
ICosta Mesa
ICA
192626
1 ISep 13, 2022
Pickleball has brought together people from all over OC to share a positive and healthy "addiction" to this sport. Keep our paddles up!! 44 Istacy lWyatt [email protected] 1416 39th INewport Beach California 92663 ISep 13, 2022 Newport Beach does not currently have enough public Pickleball courts to offer its residents. The few currently offered are always impacted at peak hours. These club courts provide a much needed and utilized venue to our community. Please vote to preserve the Pickleball courts. 45 Ms
Stephanie
Kwock
[email protected]
905 Via Lido Nord
Newport Beach
California
92663
USA
Sep 13, 2022
46 Mrs
Wendy Hafer
Cox
[email protected]
2407 Bunya St
Newport Beach
CA
92660
USA
Sep 13, 2022
47 Mr
Andrew
Matlaf
[email protected]
17 Elderberry
Irvine
California
92603
USA
Sep 13, 2022
48 Brandy
Habermehl
[email protected]
1942 Port Cardigan
Place
Newport Beach
CA
92660
Sep 13, 2022
49 Mr.
113rian
jTong
[email protected]
313 Vista Baya
lCosta Mesa
California
192627
IUSA
Sep 13, 2022
50 Mr
jPeter
lGrande
[email protected]
Corona Del Mar
CA
92625
Sep 13, 2022
51 Mrs.
lCate
jHeck
[email protected]
201 Via Ravenna
Newport Beach
CA
92663
USA
Sep 13, 2022
52 Ms
ILili
113ender
Ilili [email protected]
432 Cabrillo Terrace
Corona del Mar
CA
92625
USA
Sep 13, 2022
I strongly agree with this petition! Club members have been lied to by the club manager Sean and half landowner O'Hill. That is not fair or appropriate. 53 Dr.

RICHARD

STERLING
[email protected]
11561 Ranch Hill
North Tustin
California
92705
USA
Sep 13, 2022
54 Ms.

Judith
Tong
'[email protected]
313 Vista Baya
Costa Mesa
California
92627
USA
Sep 13, 2022
55 Becky
Fallon
[email protected]
PO Box 1755
Newport Beach
California
92659
Sep 13, 2022
56 Ann
Macias
[email protected]
47 Pinzon
Rancho Santa
Margarita
California
92688
USA
Sep 13, 2022
57 Mrs
jNancy
Vohnson
[email protected]
12815 , Ebbtide Rd
lCorona Del Mar
lCalifornia
192625
IUSA
jSep 13, 2022
This club has changed my life for the better. The community, the exercise I'm getting, the relationships I've made. I've played in tournaments/fundraisers and daily ladders and live ball glasses. I'm a very active member.
58 Mrs
Kathleen
Murphy
[email protected]
105 7th Street
Newport Beach
California
92661
USA
Sep 13, 2022
59 Mrs.

Lynn
Richardson
[email protected]
Newport Beach
California
92661
USA
Sep 13, 2022
60 Mrs
Carol
Crisostomo
'[email protected]
18317 Goldbark way
Yorba linda
Ca
92886
Sep 13, 2022
61 Kathleen
Bauer
[email protected]
115 via jucar
Newport Beach
Ca
92663
Sep 13, 2022
62 Nancy
Kelleher
[email protected]
119 Topaz Ave
Newport Beach
CA
92662
Sep 13, 2022
63 Mrs
Beverley
McMullen
[email protected]
2716 Vista del Oro
Newport Beach
California
92660
USA
Sep 13, 2022
64 John
'ohn
ballas
[email protected]
3981 BALMORAL DR,
Street Address 2,
Apartment or Suite
Number
Yorba Linda
CA
92886
USA
Sep 13, 2022
65 jMrs
Susan
Vigil
[email protected]
newport beach
CA
92663
USA
Sep 13, 2022
66 Ims.
jMerTy
jPatton
[email protected]
1122 Magnolia
ICosta Mesa
ICA
192627
Sep 13. 2022
Powered by GoPetition
15-322

#
Title First name Last name Email Address Postcode 1
67 Mr IMason Wei [email protected] 11238 INewport Beach ICA 192660 JUSA JSep 13, 2022 Pickleball for life
68 Mr jKyle IVittitoe [email protected] 124351 Lake Shore Ln ILake Forest lCalifornia 192630 JUSA ISep 13, 2022 This club is like no other I have been apart of and has had a deeply positive influence on me all who participate in its supportive and friendly atmosphere. This unique and rare community has given so much back to us all and to lose it would be truly tragic. What I want most is to allow my two young boys to grow up a part of this wonderful place without fear of losing it. I humbly ask that you please consider keeping our community together. Thank you. -Kyle Vittitoe 69 Ms.

Michelle
Poage
[email protected]
14841 Rattan St
Irvine
California
92604
Sep 13, 2022
70 Mrs
Patti
Blood
[email protected]
2063 Monrovia Ave
Costa Mesa
California
92627
USA
Sep 13, 2022
71 Mrs
Maria
Solomon
[email protected]
1539 Sylvia Lane
Newport Beach
CA
92660
Sep 13, 2022
72 Denise
Larson
'[email protected]
840 Driftwood Ave
Seal Beach
Ca
90740
USA
Sep 13, 2022
I'm so sad to hear the club might actually be torn down. We love the club and it has changed our lives for the better. New friends, exercise, competition and community. We spend 5 days a week at the club, playing shopping and eating out in Newport. We have even considered moving closer to the club. That is how much we love it. It would be a terrible loss for us, all members and Newport Beach. 73 eff
Larson
'[email protected]
840 Driftwood Avenue
Seal Beach
CA
90740
USA
Sep 13, 2022
74 Marshall
Solomon
[email protected]
1539 Sylvia Lane
Newport Beach
CA
92660
Sep 13, 2022
75 Mr
Paul
Jensen
[email protected]
4600 Wayne Rd
Corona Del Mar
USA
92625
Sep 13, 2022
76 Mrs
Jane
Newcombe
'[email protected]
1351 Canterbury Ln
Fullerton
CA
92831-1042
USA
Sep 13, 2022
Please consider a plan that will keep our club and keep Pickleball. The community needs this! 77 IMS Isusan M Imaguire [email protected] 1654 Catalina ILaguna Beach ICA 192651 JUSA ISep 13, 2022 Please keep Pickleball at The Tennis club at Newport Beach. as it has united our community- pickleball is sport that is inclusive to all- the reason why it is growing so fast in our country is because it supports living a healthy lifestyle. The sport of pickleball is life changing Please don't pass on the opportunity to make a positive impact in so many peoples lives. 78 Ms ILaura Iseverson [email protected] 11865 Port Taggart PI INewportBeach ICA 192660 JUSA ISep 13, 2022 This club promotes community and connection. Especially during a time when there was disconnection, Covid brought fear and isolation. Do not take away something that promotes health and well-being for 2000 members!
79 Julie
Taylor
'[email protected]
21 Rochelle
Newport Coast
CA
92657
USA
Sep 13, 2022
80 Ms
Pam
Cherpas
[email protected]
5611 Seashore
Newport Beach
CA
92663
USA
Sep 13, 2022
81 Marianne
Hauser
[email protected]
603, Marigold Ave
Corona Del Mar
CA
92625
USA
Sep 13, 2022
82 Ms.

Erin
Hendricks
[email protected]
3207-A Broad St
Newport Beach
Usa
92663
Sep 13, 2022
83 Karen
Lamie
[email protected]
23 Jupiter Hills Dr
Newport Beach
Ca
92660
Sep 13, 2022
84 janell
Stojkovich
'[email protected]
3395 Michelson Dr,
#4143
Irvine
CA
92612
Sep 13, 2022
85 Ms
IKelly
jPierce
[email protected]
1306 Encina
INewport Beach
10range
192660
IUSA
ISep 13, 2022
Leave our club alone.
86 Ms jDana. lReston [email protected] 1131 Turquoise Ave INewport Beach JUSA 1922662 1 ISep 13, 2022 Please save our club. The T&PCNB is truly a community gathering place that has highly improved the lives of its members. We are a huge Newport Beach based community who gather for sport, friendship, physical and mental health well being. And numerous charitable events which benefits EVERYONE in our Newport Beach community. And, Newport Is a tight community. That's what makes it SO SPECIAL AND UNIQUE. Please don't allow greed to diminish our treasured community. There are MANY ways for the owners to monetize this property without destroying something that is so dear and life affirming to so many. DANA RESTON
87 Mr
Paul
Holmes
[email protected]
113 e 15th street, apt
1 Newport Beach
California
92663
USA
Sep 13, 2022
88 Mrs
Kym
Whitney
[email protected]
Newport Beach
California
USA
Sep 13, 2022
89 Manel
Bozarth
[email protected]
3500 E. Coast Hwy.
#110
Corona del Mar
CA
92625
USA
Sep 13, 2022
Safe Pickleball courts for the health and well-being of our community. 90 Mr 113rian ISchuler [email protected] 11601 Harrow PI INewport Beach lCalifornia 192660 1 ISep 13, 2022 If this proposal in fact does not allow for Pickleball courts, I am 100% against this. We were apparently lied to by owner and managing partner. Please don't allow this plan to move forward.

Powered by GoPetition
15-323

#
Title
First name
Last name
Email
Address
1 1 1
Region
91 Ken
Arsenian
[email protected]
3301 Clay Street
Newport Beach
CA
92663
Sep 13, 2022
92 Ed
Abels
[email protected]
3334 East Coast Hwy
-403
Corona del Mar
CA
92625
USA
Sep 13, 2022
93 Mr.

Evan
Shinder
[email protected]
325 Monte Carlo
Newport Beach
CA
92660
USA
Sep 13, 2022
94 Mr
Tracy
Shimazu
[email protected]
19 Seabird Ct
Newport Beach
CA
92663
USA
Sep 13, 2022
95 jMr
Veffrey
Blackburn
[email protected]
125515 lone Pine Circle
Laguna hills
CA
192653
USA
Sep 13, 2022
96 Ms
Tracy
Wood
[email protected]
530 S Bay Front
I Newport beach
Ca
92662
Sep 13, 2022
97 Mr
ames
jBaur
[email protected]
12135 Iris Place
ICosta Mesa
California
192627
JUSA
ISep 13, 2022
Save our Club!!
98 Mrs. IYolanda INewton [email protected] 1412 Flower st. lCosta Mesa ICa 192627 JUSA ISep 13, 2022 I'm a member and have been for years. My kids now grown adults learned to play tennis here. It's a community institution. We don't need another hotel! 99 Ms
oanne
IMotshagen
'[email protected]
1228 magnolia street
ICosta Mesa
ICalifornia
192627
JUSA
Sep 13, 2022
100
Ms.
ace
Williams
[email protected]
12935 Newport Ave.

Apt #A
Tustin, CA
Orange
County
92780
Sep 13, 2022
Save our club!
101
Ms. lRenee lHadley [email protected] I INewport Beach ICA 192660 1 ISep 13, 2022 Please save our wonderful club. It's such a part of my active lifestyle. 102
Mr
Ro
Polits
[email protected]
255 Marigold Ave
Corona Del Mar
CA
92625
USA
Sep 13, 2022
103
Bev
McCabe
[email protected]
Newport Coast
CA
92657
USA
Sep 13, 2022
104
Mr
Chris
Patterson
[email protected]
1111 CAMPANILE
Newport Beach
CA
92660
USA
Sep 13, 2022
105
Mary Ann
Soden
[email protected]
Newport Beach
California
92625
USA
Sep 13, 2022
We have plenty of hotels. This club is building community and wellness for residents of all ages. 106
Lisa
Gels
[email protected]
534 san bernardino
lave
Newport Beach
CA
92663
Sep 13, 2022
Please keep the Newport Beach TTC as is. It's a tremendous benefit to the community. We don t need More development!!!! 107
Mrs
Kristen
Ridge
[email protected]
Corona del Mar
2710 Bayside
Dr
92625
USA
Sep 13, 2022
108
Scarlett
Lambert
[email protected]
newport beach
CA
USA
Sep 13, 2022
109
Lori
Williams
[email protected]
1518 Antigua Way
Newport Beach
CA
92660
Sep 13, 2022
I feel strongly that our community does not need another hotel in this area. We already have the Hyatt, Marriott and the soon to be Pendry servicing the area. Stop making developers richer and keep Newport - Newport.
110
Mrs
Carol
Rogers
[email protected]
Newport Beach
CA
92660
Sep 13, 2022
ill
Lori
Welton
[email protected]
PO Box 8114
CA
92658
USA
Sep 13, 2022
112
Steve
Fenton
[email protected]
5405 Alton Parkway,
#336
Irvine
CA
92604
USA
Sep 13, 2022
113
Mrs
Marianne
Perkins
[email protected]
16 Meryton
Irvine
Ca
92603
Sep 13, 2022
While our club claims it won't be torn down completely, the hotel and bungalows are an unwanted addition. Who wants to pay for a luxury hotel room and wake up to Pickleball noise anyway? Dumb all around.... someone is thinking with their wallet and not their head. 114
Kelly
Lewis
[email protected]
Newport Beach
CA
92663
Sep 13, 2022
115
Mrs
Diane
Brown
[email protected]
21 Honors Dr
Newport Beach
Ca
92660
Sep 13, 2022
116
Lisa
Spiegelman
[email protected]
11 BORDEAUX

NEWPORT BEACH
CA
92660
USA
Sep 13, 2022
117
Mrs
Shelly
Read
[email protected]
5 Castaways North
Newport Beach
CA
92660
USA
Sep 13, 2022
118
Ms
Christine
Puccio
[email protected]
313 Princeton Dr
Costa Mesa
California
92626
Sep 13, 2022
119
oclene
White
'[email protected]
535 San Bernardino
ave
Newport Beach
Ca
92663
USA
Sep 13, 2022
Powered by GoPetition
15-324

#
Title First name Last name Email Address State Postcode Ms. Cathy Kanode [email protected] 16033 Warmington Huntington Beach California 92649 USA Sep 13, 2022 Lane i
Please save our Pickleball courts!
120
121
IDenise ISchuler [email protected] 11601 Harrow pl INewport beach ICA 192660 1 ISep 13, 2022 It's unfortunate that the manager of the club is threatening members by termination of membership to speak out against the proposed plan. Picklball should be included in the new plan. 122
Mr.

Brian
Thune
brian-thune(@vahoo.com
34 Mountain View
Irvine
Ca
92603
Sep 13, 2022
123
Mrs
Debby
Wiesner
[email protected]
4815 Lido Sands Dr
Newport Beach
CA
92663
USA
Sep 13, 2022
124
Kim
Villani
[email protected]
903 W. 17th St. #39
Costa Mesa
CA
92627
USA
Sep 13, 2022
125
Krista
Jajonie
[email protected]
1516 Abalone Place
Newport Beach
CA
92662
Sep 13, 2022
126
Nancy
O'Brien
[email protected]
290 Crescent Bay Dr
Laguna Beach
California
92651
USA
Sep 13, 2022
We have been continually lied to by the managing owner that the new proposal includes pickleball and nothing will change for our membership Pickleball is the fastest growing sport in America and is good for newport beach in more ways than a hotel. It will draw people to fill our hotels. I strongly oppose replacing TTC with a hotel 127
Dr
NICK

NAMIHAS
[email protected]
2800 1st Avenue
Corona del Mar
CA
92625
USA
Sep 13, 2022
128
Ace
Clark
[email protected]
Corona del Mar
California
Sep 13, 2022
129
Annette
Juptner
[email protected]
Newport Beach
Orange
92660
Sep 13, 2022
130
Wendy
Balden
[email protected]
301 Poinsettia Ave
Corona Del Mar
CA
92625
USA
Sep 13, 2022
131
Mrs.

Brittany
Hobson
[email protected]
617 poinsettia avenue
Corona Del Mar
CA
92625
USA
Sep 13, 2022
132
Angelique
Garbers
[email protected]
Newport beach
California
Sep 13, 2022
133
Mr
Hesham
Hebeish
[email protected]
2105 west place dr
Costa Mesa
Ca
92627
Sep 13, 2022
134
Mark
McDermott
[email protected]
26026 View Point
Drive East
Dana Point
Ca
92677
USA
Sep 13, 2022
135
Mrs
Theresa
Hartsell
[email protected]
25 Versailles
Newport Beach
California
92657
Sep 13, 2022
136
Mrs
Emily
Stolan
[email protected]
44 Harcourt
92657
Ca
92657
USA
Sep 13, 2022
137
Mrs
Emily
Coats
[email protected]
12140 Ahern Court
Tustin
CA
92782
USA
Sep 13, 2022
138
Mrs.

Jennifer
Rolfes
[email protected]
2006 Seadrift Drive
Corona Del Mar
CA
92625
USA
Sep 13, 2022
139
Christine
Anderson
[email protected]
114 Via Xanthe
Newport Beach
CA
92663
USA
Sep 13, 2022
140
Mr
Donald
Stolan
[email protected]
92657
Newport coast
Ca
92657
USA
Sep 13, 2022
141
Mrs
Sharon
Roy
[email protected]
1837 Port Wheeler PI
Newport Beach
Orange
County,
California
92660
Sep 13, 2022
Closing the tennis club would be a major blow to the residents of Newport Beach as well as the members of the tennis club. Newport Beach does not need another hotel! 142
Judy
Cole
[email protected]
Newport Beach
CA
92663
USA
Sep 13, 2022
143
Donald
Cole
[email protected]
Newport Beach
Ca
92663
USA
Sep 13, 2022
144
Lisa
Giger
[email protected]
1960 Port Weybridge
Place
Newport Beach
Ca
92660
USA
Sep 13, 2022
145
Rod
Rodgers
[email protected]
423 Canal Street
Newport Beach
CA
92663
USA
Sep 13, 2022
146
Veannie
iLawrence
[email protected]
I
INB
ICA
192660
1 1Sep 13, 2022
147
Ms
JLeslie
ICasserly
[email protected]
1290 crescent bay drive
Laguna beach
JCaliforma
192651
JUSA
ISep 13, 2022
This club serves a huge community not only to its members but to multiple charities and tournaments that bring revenue to the city. I am a Newport Beach homeowner. 148
Noah
Sharifi
[email protected]
20 WHARFSIDE DR

NEWPORT COAST
CA
92657
USA
Sep 13, 2022
149
Liz
Reichert
[email protected]
6285 Sunnyside Circle
Huntington Beach
Ca
92648
Sep 13, 2022
150
Eric
Reichert
[email protected]
6285 Sunnyside Circle
Huntington beach
Ca
92648
Sep 13, 2022
151
Mr
Alan
Wiesner
[email protected]
4815 Lido Sands Drive
Newport Beach
CA
92663
USA
Sep 13, 2022
Am very disheartened that people can stand in front of a group and outright lie to them so easily.

Powered by GoPetition
15-325

#
Title
First name
Last name
Email
Address
1 1 1
Region
152
Michele
Calder
[email protected]
NPB
CA
92660
Sep 13, 2022
153
jenifer
Brown
[email protected]
220 Newport Center
Dr # 2
Newport Beach
CA
92660
Sep 13, 2022
154
Mrs
Rebecca
Moore
[email protected]
612 Poinsettia Ave
Corona Del Mar
CA
92625
Sep 13, 2022
155
Mrs
Laura
Henigan
[email protected]
612 Acacia Ave
Corona Del Mar
Ca
92625
USA
Sep 13, 2022
Please keep pickleball at this club. There is a huge demand for the sport and the city doesn't provide enough courts.
156
Tracey
Miller
[email protected]
112 28th St
Newport Beach
CA
92663
Sep 13, 2022
157
Kimberley
Gaskill
[email protected]
1611 Bayside Drive
Corona Del Mar
CA
92625
Sep 13, 2022
158
Niki
Parker
[email protected]
336 Vista baya
Costa Mesa
CA
92627
USA
Sep 13, 2022
159
jaleah
Brown
'"[email protected]
9562 Chevy Chase Dr
Huntington Beach
Ca
92646
Sep 13, 2022
160
Mr
Roy
Glauthier
[email protected]
336 Vista Baya,
Costa Mesa
CA
92627
USA
Sep 13, 2022
161
Mr
Lance
Reichert
[email protected]
9971 Oceancrest
Drive
Huntington Beach
California
92646
USA
Sep 13, 2022
162
jillian
Gabrielli
[email protected]
3334 W. Coast Hwy
#431
Corona del Mar
Ca
92625
USA
Sep 13, 2022
163
June
Marchigiani
'[email protected]
326 Vista Suerte
Newport Beach
Orange
county
92660
Sep 13, 2022
164
Mrs
Sandy
Bruss
[email protected]
41 Blue Summit
Irvine
CA
92603
Sep 13, 2022
Being part of this
pickleball community is very important to the well being of my family as well as the community. 165
Chris
Hagmaier
[email protected]
208 E Balboa Blvd
Newport Beach
California
92661
USA
Sep 13, 2022
166
Mrs
Christine
Lissoy
[email protected]
108 Pearl Avenue
Newport Beach
CA
92662
Sep 13, 2022
167
Mrs
Kathryn
Smith
[email protected]
309 N Star Ln
Newport Beach
Ca
92660
USA
Sep 14, 2022
168
Rochelle
Belove
[email protected]
1126 Whitesails Way
Corona Del Mar
Orange
County
92625
Sep 14, 2022
I am opposed to the removal of the Pickleball courts and new plan going in it's place. As a resident, I use the TTC Club EVERY day for exercise, social well being, and general health that I can't get anywhere else.
169
Ms
1Lynn
lGosselin
[email protected]
1415 Santa Ana Ave
Newport Beach
ICA
192663
USA
Sep 14, 2022
170
Mrs
INancy
113rundage
[email protected]
11837 Port Manleigh PI
INewport Beach
lCalifornia
192660
JUSA
ISep 14, 2022
this is a very unique club and serves a wide variety of residents within the city. Newport needs to preserve its recreation facilities. 171
Dr.

Lori
Burri
[email protected]
235 Driftwood Road
Newport Beach
Ca
92625
Sep 14, 2022
172
Mr
Alex
Crisostomo
[email protected]
18317 Goldbark way
Yorba Linda
California
92886
USA
Sep 14, 2022
173
Ms
Patti
Quicksilver
[email protected]
1000 San Joaquin hills
rd
Newport beach
California
92660
Sep 14, 2022
174
Mr
cole
crisostomo
[email protected]
goldbark way
yorba linda
ca
92886
Sep 14, 2022
I love this club so much, it brings me and my family together!! 175
Brooklyn
Crisostomo
[email protected]
Yorba Linda
California
USA
Sep 14, 2022
176
Ms
Jolene
Rankin
'[email protected]
12106 Pintado
Irvine
Orange
92618
USA
Sep 14, 2022
177
Mr
Tayler
Acosta
[email protected]
12106 Pintado
Irvine
CA
92618
USA
Sep 14, 2022
Dont.
178
Daniel
Belove
[email protected]
1126 Whitesails Way
Corona Del Mar
Orange
County
92625
Sep 14, 2022
179
Susan
Lucero
[email protected]
320 E. 18th Street
Costa Mesa
CA
92627
USA
Sep 14, 2022
180
Mr
Jim
Balding
'[email protected]
26 Fremont
Irvine
CA
92620
USA
Sep 14, 2022
Pickleball better serves the community as a whole. Open space in Orange County is disappearing at an alarming rate. We need to preserve the recreational spaces we have, we can't go back and make more. 181
Mr lCurt Istockman I curt. [email protected] 1435 Goldenrod Avenue Corona Del Mar CA 92625 USA Sep 14, 2022 Powered by GoPetition
15-326

#
Title
First name
Last name
Email
Address
1 1 1
Region
182
Mimi
Pardini
[email protected]
435 Goldenrod Ave
Corona Del Mar
CA
92625
USA
Sep 14, 2022
183
Mrs
Jane
Miller
'[email protected]
1967 Aliso Avenue
Costa Mesa
Orange
County
92627
USA
Sep 14, 2022
184
Andrea
Anderson
[email protected]
1838 Port Charles PI
Newport beach
Ca
92660
Sep 14, 2022
185
Mrs
Marlene
Dandler
[email protected]
Newport beach
CA
92660
Sep 14, 2022
186
Dr.

Cory
Muehlhauser
[email protected]
1854 Port Taggart
Place
Newport Beach
CA
92660
Sep 14, 2022
Keep our Pickle ball Club as is!
187
Dr.

Anne -Marie
Angeloff
[email protected]
2345 Port Carlisle
Place
Newport Beach
CA
92660
USA
Sep 14, 2022
188
Jacquelyn
Mitchell
'[email protected]
1963 Port Dunleigh
Circle
Newport Beach
CA
92660
Sep 14, 2022
189
Mrs
Cari
Hudy
[email protected]
1872 Port Wheeler
Place
Newport Beach
CA
92660
Sep 14, 2022
190
Mr
Curt
FauntLeRoy
[email protected]
1960 PORT CHELSEA
Inewport beach
lCalifornia
192660
JUSA
ISep 14, 2022
191
Mrs
IPOIIY
lVerfaillie
[email protected]
1621 PORT ABBEY PL

INEWPORT BEACH
ICA
192660
JUSA
ISep 14, 2022
Please keep all of the courts at the The Tennis Club at Newport Beach. We need more athletic facilities, not fewer, and we especially need more pickle ball courts, as the city council is FULLY aware of. 192
Michele
Bethel
[email protected]
1930 Port Townsend
Circle
Newport Beach
Ca
92660
Sep 14, 2022
193
Mr.

Jim
Kline
'[email protected]
1957 Port Chelsea
Newport Beach
CA
92660
USA
Sep 14, 2022
194
Rachel
Krebs
[email protected]
Newport Beach
California
92660
Sep 14, 2022
195
Mr.

Patrick
Rolfes
[email protected]
2006 Seadrift Dr.

Corona del Mar
CA
92625
USA
Sep 14, 2022
196
Captain
Robert
Martin
[email protected]
1800 Port Sheffield
Place
Newport Beach
CA
92660
USA
Sep 14, 2022
Me and 7 buddies played for 2 hours this morning before work and will be back again tomorrow evening after work. We need this club!! 197
Mrs
Marni
Clark
[email protected]
1966 Port Ramsgate
Pl.

Newport Beach
CA
92660
USA
Sep 14, 2022
198
Mr
Jerry
Schmitt
'[email protected]
1974 Port Locksleigh
PI
Newport Beach
CA
92660
USA
Sep 14, 2022
199
Ms
Patricia
Chinnici
[email protected]
1729 Port Charles
Place
Newport Beach
CA
92660
Sep 14, 2022
200
im
Olsen
[email protected]
California
INewport Beach
jUnited States
192660
1 ISep 14, 2022
201
Mrs
IPamela
IJensen
'[email protected]
1701 Port Ashley PI
INewport Beach
ICA
192660
JUSA
ISep 14, 2022
Please oppose the proposal to tear down the pickleball/tennis courts in Newport Beach. 202
IKasey IMartin [email protected] 11800 Port Sheffield INewport Beach ICA 192660 1 ISep 14, 2022 Save our PB club!
203
Mrs.

Colleen
Masterson
[email protected]
1830 Port Renwick
Newport Beach
CA
92660
USA
Sep 14, 2022
204
Mrs
Nancy
Best
[email protected]
1839 Port Charles
Place
Newport Beach
CA
92660
Sep 14, 2022
205
Mrs.
jean
Shenk
'[email protected]
1815 Port Margate
Place
Newport Beach
CA
92660
Sep 14, 2022
206
Mrs.

Mary Ann
Haly
[email protected]
1824 Port Margate
Place
Newport Beach
California
92660
Sep 14, 2022
207
Wendy
McManigal
[email protected]
1960 Port Nelson P1
Newport Beach
California
92660
USA
Sep 14, 2022
208
Mr
Jeff
Schaffer
'[email protected]
1806 Port Margate PI
Newport Beach
CA
92660
USA
Sep 14, 2022
209
Brian
Semmelroth
[email protected]
Huntington Beach
Ca
92646
USA
Sep 14, 2022
Powered by GoPetition
15-327

#
Title
First name
Last name
Email
Address
1 1 1
Region
210
Mrs.

Corey
Anthony
[email protected]
1830 Port Stirling PI
Newport Beach
CA
92660
USA
Sep 14, 2022
211
Mrs
Jackie
Hart
'[email protected]
1833 Port Ashley PI
Newport beach
Ca
92660
USA
Sep 14, 2022
212
Mrs.

Chelsea
Rokos
[email protected]
2144 Port Durness PI
Newport Beach
Ca
92660
USA
Sep 14, 2022
213
Ms
Ethel
Parsons
[email protected]
226 1/2 Agate Ave.

Newport Beach
CA
92662
USA
Sep 14, 2022
214
Ms.

Cathy
Sturdivant
[email protected]
210 43rd Street
Newport Beach
CA
92663
USA
Sep 14, 2022
215
Mrs
Elizabeth
McCullagh
[email protected]
1727 Port Barmouth
PI
Newport Beach
CA
92660
USA
Sep 14, 2022
216
Mrs
Kris
Anderson
[email protected]
Newport beach
Ca
92660
Sep 14, 2022
217
Ms
Wendy
Mangiaracina
[email protected]
231 Driftwood Road
Corona Del Mar
CA
92625
Sep 14, 2022
218
Mr
George
Mangiaracina
[email protected]
231 Driftwood Road
Corona Del Mar
CA
92625
ISep 14, 2022
219
Mr
Marco
Mangiaracina
[email protected]
231 Driftwood Road
Corona Del Mar
CA
92625
Sep 14, 2022
220
Ms
Avriel
Webb
[email protected]
11620
Orange
ICA
92869
Sep 14, 2022
Responsible city government needs to protect recreational and open spaces for a better future. 221
Tamara
Watt
[email protected]
343 Promontory Drive
West
Newport Beach
California
92660
USA
Sep 14, 2022
222
ohn
IJacobs
'[email protected]
835 Driftwood Ave
Seal Beach
California
90740
USA
Sep 14, 2022
Save TTC
223
Mr.

Douglas
Muehlhauser
[email protected]
1854 Port Taggart
Place
Newport Beach
CA
92660
USA
Sep 14, 2022
The City Council should deny the plan amendment!
224
Mrs.

Stacey
Schneider
[email protected]
212 Morning Canyon
Road
Corona del Mar
California
92625
USA
Sep 14, 2022
225
Mr
josh
Matlaf
'[email protected]
17 Jupiter Hills Dr
Newport Beach
CA
92660
USA
Sep 14, 2022
226
Ms
Adelle
Walker
[email protected]
409 canal street
Newport Beach
CA
92663
Sep 14, 2022
227
Melody
Williams Dapp
[email protected]
1807 Port Renwick
Newport Beach
CA
92660
USA
Sep 14, 2022
228
Karen
Aspinall
[email protected]
9436 Residencia
Newport Beach
California
92660
USA
Sep 14, 2022
229
Keri
Roth
keri [email protected]
9436 Residencia
Newport Beach
California
92660
Sep 14, 2022
230
Ms
Patti
Kohler
[email protected]
330 Vista Trucha
Newport Beach
CA
92660
USA
Sep 14, 2022
231
Mrs
Beverley
Kashe
[email protected]
374 Villa point Dr
Newport Beach
ca
92660
Sep 14, 2022
No hotels please . Save the Tennis Club.
232
Ms
Mary
Meronk
[email protected]
7 Lilian
Irvine
California
92614
USA
Sep 14, 2022
233
Julie
Meggers
'[email protected]
1815 Port Ashley
Place
Newport Beach
California
92660
USA
Sep 14, 2022
234
Mrs
Sheri
Gail
[email protected]
2419 Vista Nobleza
Newport Beach
California
92660
Sep 14, 2022
235
Mr.

Paul
King
[email protected]
1819 Newport Hills
Drive East
Newport Beach
CA
92660
USA
Sep 14, 2022
236
Mrs.

Mary
Raymond
[email protected]
40 Linda Isle
Newport Beach
CA
92660
Canada
Sep 14, 2022
237
Remie
Whistler
[email protected]
825 Hibiscus Court
Corona Del Mar
CA
92625
USA
Sep 14, 2022
238
Mrs.

Monica
Rakunas
[email protected]
1948 Port Nelson Pl.

Newport Beach
CA
92660
USA
Sep 14, 2022
Please do not take away The Tennis Club! I have been wanting to become a member here for some time and they are so popular that I am on a waitlist. It's one place that people like me can meet other friendly people that also enjoy tennis and pickle ball. We just had the Vea Hotel open up in Fashion Island, the Island Hotel has been sitting vacant during ALL of covid and beyond, we have plenty of good hotels and the last thing we need is another one and taking away something our community needs, uses and can't wait to get off that waitlist to be a part of. Thank you for your time. 239
Ikenette
imolway
[email protected]
116 Villeneuve
newport beqch
california
92657
Sep 14, 2022
240
Mrs
Amy
Langdale
[email protected]
1942 Port Edward
Place
Newport Beach
CA
92660
Sep 14, 2022
Powered by GoPetition
15-328

#
Title
First name
Last name
Email
[email protected]
Address
1 1 1
Region
241
Ms
Leanne
Kahn
1801 Port Kimberly
Place
Newport Beach
CA
92660
USA
Sep 14, 2022
242
Mrs
Kirsten
Minasian
[email protected]
1853 Port Taggart Pl.

Newport Beach
Ca
92660
USA
Sep 14, 2022
243
Mrs
Pamela
Christian
[email protected]
45 Dartmouth
Irvine
CA
92612
USA
Sep 14, 2022
244
Ms
Laura
Zublin
[email protected]
1981 Port Dunleigh
Circle
Newport beach
CA
92660
Sep 14, 2022
245
Ms
Santina
Lopez
[email protected]
417 promontory dr
Newport Beach
CA
92660
USA
Sep 14, 2022
246
Mrs
Linda
Uphoff
[email protected]
Newport Beach
Usa
92662
Sep 14, 2022
247
Cari
Zylstra
[email protected]
1951 Port Eddward PI
Newport Beach
California
92660
USA
Sep 14, 2022
248
Kelly
Milrot
[email protected]
2200 Vista Huerta
Newport Beach
CA
92660
Sep 14, 2022
249
Mrs
Dede
Rossi
[email protected]
4025 E Sixth St
Long Beach
CA
90814
Sep 14, 2022
250
Mrs.

Veronica
jKlein
[email protected]
428 Begonia Ave
jCorona Del Mar
CA
92625
Sep 14, 2022
251
Mrs
Mary Lee
IRiddell
[email protected]
461 seaward rd
1corona. del mar
CA
192625
1 ISep 15, 2022
252
Ms
Ahndi
Imarx
[email protected]
320 Marigold Ave
jCorona Del Mar
CA
192625
JUSA
ISep 15, 2022
We need this club for the health of the community. There are plenty of hotels in the area! 253
Ms.
lGeorgina.

Islim
[email protected]
123 1/2 Pearl Ave
Newport Beach
California
92662
USA
Sep 15, 2022
254
Mrs
Christy
Marr
[email protected]
[email protected]
2238 Port Carlisle
Place
Newport Beach
CA
92660
USA
Sep 15, 2022
255
IKAROL
1HATCH
Newport Beach
CA
92660
Sep 15, 2022
No more hotel growth!
256
Mrs
Gina
Polley
[email protected]
3641 Daffodil
Corona Del Mar
Ca
92625
Sep 15, 2022
257
Mrs
Elizabeth
Hunt
[email protected]
Newport Beach
California
USA
Sep 15, 2022
258
Ms
Diana
Glazer
[email protected]
2107 yacht grayling
Newport beach
CA
92660
Sep 15, 2022
259
Bahram
Mandavi
[email protected]
Newport Beach
CA
92660
Sep 15, 2022
260
Mr.

Bahman
Mandavi
[email protected]
Trovare
Newport Beach
California
92657
USA
Sep 15, 2022
Have taken lessons there as a child, teen, and adult over the years. Currently going back and forth for work between OC and Northern California but will be back 100% in 2023 and had hoped to explore membership and lessons again at NBTC. .
261
Mrs.

Janet
DiChiro
'[email protected]
2821 Blue Water
Drive
Corona del Mar
California
92625
Sep 15, 2022
262
Ms
Carol
Walsh
[email protected]
18 Scripps Aisle
IRVINE
CA
92612
Sep 15, 2022
263
Mrs
Robyn
Zieper
[email protected]
6 Limoges
Newport Coast
CA
92657
Sep 15, 2022
264
Nicole
jorenby
[email protected]
702 goldenrod ave
Corona del Mar
California
92625
USA
Sep 15, 2022
265
Mr.

Jason
Hong
'[email protected]
208 E. Balboa
Boulevard
Newport Beach
CA
92661
USA
Sep 15, 2022
266
Shelly
Summers
[email protected]
Huntington Beach
CA
92648
USA
Sep 15, 2022
267
Mrs.

Gwen
Cruttenden
[email protected]
301 apolena avenue
Balboa Island
CA
92662
Sep 15, 2022
268
Jim
Mortimer
'[email protected]
295 High Dr.

Laguna Beaach
US
92651
Sep 15, 2022
269
Mrs
Pam
Hardenbergh
[email protected]
330 Vista Baya
Costa mesa
California
92627
USA
Sep 15, 2022
270
Mrs
Dorothy
Joynt
[email protected]
9 ironwood drive
Newport Beach
Ca, usa
92660
Sep 15, 2022
271
Dr
Theo
Frot
[email protected]
1748 Port Manleigh
Circle
Newport Beach
CA
92660
USA
Sep 15, 2022
272
Aaron
Rose
[email protected]
2007 PORT BRISTOL
CIRCLE
Newport Beach
California
92660
USA
Sep 15, 2022
273
Mrs
georgianne
ramm
[email protected]
1966 Port Edward
Place
Newport Beach
california
92660
USA
Sep 15, 2022
Powered by GoPetition
15-329

#
Title
First name
Last name
Email
Address
Region
274
Ashley
Rose
[email protected]
2007 port bristol
circle
Newport Beach
Ca
92660
Sep 15, 2022
275
Sherri
Mcquaid
[email protected]
4104 River Ave
Newport Beach
California
92663
USA
Sep 15, 2022
276
Ms.

Karla
Jondle
[email protected]
4462 Oceanridge Dr
Huntington Beach
CA
92649
USA
Sep 15, 2022
277
Peggy
Hoyt
[email protected]
1530 Serenade
Terrace
Corona del Mar
California
92625
USA
Sep 15, 2022
278
Mrs
Elizabeth
Morgan
[email protected]
Newport Beach
Ca
92660
USA
Sep 15, 2022
279
Mr
Jacob
Furgatch
'[email protected]
Newport Beach
California
92660
USA
Sep 15, 2022
280
Mr
Dominic
Bulone
[email protected]
1530 Serenade
Terrace
Corona del Mar
California
92625
USA
Sep 15, 2022
281
Mrs
Sharon
Griffin
[email protected]
2001 Port Chelsea PI
Newport Beach
CA
92660
Sep 15, 2022
282
Mr
Scott
Clegg
[email protected]
1320, W Bellerive Ln
Coeur dAlene
ID
83814
USA
Sep 15, 2022
283
Grace Alipour
Grace
Alipour
[email protected]
Irvine
CA
92612
Sep 15, 2022
284
Sheila
Cole
[email protected]
602 Avocado Ave. Unit
A
Corona Del Mar
California
92625
USA
Sep 15, 2022
285
Dr.

Kim
Vieira
[email protected]
17925 SKY PARK

CIRCLE, SUITE K
Irvine
CA
92614
USA
Sep 15, 2022
Been a member there off and on for 40 years. Historical location and used to bring in families to the East Bluff/ Bluff home sales too. Palisades TC may sell someday soon. 286
Lisa
Winter
[email protected]
Newport Beach
California
92662
Sep 15, 2022
287
Mr
William
Mccullough
[email protected]
418 Morning Canyon
Road
Newport beach
Ca
92625
Sep 15, 2022
288
Teri
Springer
[email protected]
19486 sandcastle
Huntington Beach
CA
92648
USA
Sep 15, 2022
289
Casey
Sharifi
[email protected]
Newport Coast
CA
92657
USA
Sep 15, 2022
290
Jody Clegg
Jody
Clegg
[email protected]
6712, Morning Tide
Drive
Huntington Beach
Ca
92648
USA
Sep 15, 2022
291
Keith
McCabe
[email protected]
46 Clermont
Newport Coast
CA
92657
USA
Sep 15, 2022
292
Lori
Chipps
[email protected]
6217 San Joaquin
Plaza
Newport Beach
California
92660
USA
Sep 15, 2022
293
Helen
Fedalen
[email protected]
3021 Carob
Newport Beach
Ca
92660
USA
Sep 15, 2022
294
Mary
Keenan
[email protected]
209 34th Street Unit B
Newport Beach
Orange
92663
USA
Sep 15, 2022
295
Sara
Naheedy
[email protected]
Newport beach
CA
92625
USA
Sep 15, 2022
296
Mr
Gary
Hoffman
[email protected]
604 n kaufman
Houston
Texas
77536
Sep 15, 2022
297
Aaron
Brown
[email protected]
Newport Beach
Ca
USA
Sep 15, 2022
298
Teri
Burch
[email protected]
Newport Coast
CA
92657-1008
Sep 16, 2022
299
Mrs
Kristen
McGuinness
[email protected]
Newport Beach
California
92660
Sep 16, 2022
300
Mr
Gerald
Kelleher
'[email protected]
119 Topaz Ave
Newport Beach
CA
92662
Sep 16, 2022
301
Steve
Foigelman
[email protected]
1241 Winslow Ln
Newport Beach
Ca
92663
Sep 16, 2022
302
Mr
Karl
Dumas
[email protected]
1356 Coral Drive
Laguna Beach
CA
92651
Sep 16, 2022
303
Dr
Kathy
Abels
[email protected]
Corona del Mar
Ca
92625
ISep 16, 2022
304
Mrs
Jennifer
Patel
'[email protected]
Newport Beach
CA
92660
USA
Sep 16, 2022
305
Darcy
Lee
[email protected]
Newport Beach
Ca
Sep 16, 2022
306
Kristin
Leffel
[email protected]
1806 port Sheffield
place
Newport Beach
Us
92660
Sep 16, 2022
307
IMs.

Paige
Nichols
[email protected]
13301 Michelson
Irvine
California
92612
IUSA
Sep 16, 2022
308
Ims
lKathleen
lWiesinger
[email protected]
19 Ocean Vista
lNewport Beach
lCalifornia
192660
JUSA
ISep 16, 2022
Powered by GoPetition
15-330

#
Title
First name
Last name
Email
Address
1 1 1
Region
309
Alison
Yonkers
[email protected]
304 1/2 Fernleaf Ave
Corona Del Mar
CA
92625
Sep 16, 2022
310
Mrs
Kara
Greer
[email protected]
2015 Port Bristol
Circle
Newport Beach
California
92660
Sep 16, 2022
311
Mrs.

Joanna
Girard
[email protected]
Newport Beach
CA
92660
USA
Sep 16, 2022
312
Lena
Fancher
[email protected]
4716 E vista st
Long Beach
Ca
90803
Sep 16, 2022
Please no hotel.
313
Cindy
Freyman
[email protected]
24 Morning View Dr
Newport Coast
CA
92657
USA
Sep 16, 2022
314
Ms
Lisa
Goon
[email protected]
Port Bristol Circle
Newport Beach
Ca
92660
USA
Sep 16, 2022
315
George
Taylor
[email protected]
332 Vista Trucha
Newport Beach
Calif
92660
USA
Sep 16, 2022
316
Ms
Julie
Pernecky
'[email protected]
308 Sapphire Ave
Newport Beach
California
92662
USA
Sep 16, 2022
317
Keith
Forrester
[email protected]
Newport Beach
California
92663
Sep 16, 2022
318
Miss
Keira
Raack
[email protected]
1942 Port Ramsgate
PI
Newport Beach
Ca
92660
Sep 17, 2022
319
Miss
Alexa
Raack
[email protected]
1942 Port Ramsgate
PI
Newport Beach
Ca
92660
Sep 17, 2022
320
Mr
Justin
jSmith
'[email protected]
214 Topaz
Newport beach
Ca
92662
1USA
ISep 17, 2022
Please don't allow
this club to be torn down
321
Ms
anet
Hathaway
[email protected]
1982 Port Edward
Circle
Newport Beach
CA
92660
Sep 17, 2022
The Pickleball & Tennis Club is a valuable community resource for ALL Newport Beach residents. Please do. It allow this to be turned into a hotel. 322
Dr
Denise
Aliba
[email protected]
1000 sea lane
Corona Del mar
United States
92625
Sep 17, 2022
323
khosrow
mandavi
[email protected]
Newport Beach
Calfornia
Sep 17, 2022
324
Fahimeh
Mandavi
[email protected]
Newport Beach
CA
Sep 17, 2022
325
Mr
Grant
Nachman
[email protected]
Newport Beach
California
92660
USA
Sep 17, 2022
326
Mrs
Debbie
Logan
[email protected]
1829 Port Taggart
Place
Newport Beach
California
92660
Sep 17, 2022
This club is well
loved by an entire community, please do not take it away! 327
Mrs
Diana
Chen
[email protected]
INewport Beach
Ica
192660
1 ISep 17, 2022
328
Dr.

Alison
Sims
[email protected]
1701 Avocado Ave
ICorona Del Mar
ICA
192625
JUSA
ISep 17, 2022
329
Cindy
Galloway
[email protected]
11227 Outrigger Drive
jCorona Del Mar
Ica
192625
1 ISep 18, 2022
Please, continue pickleball.
330
Dr.

ICindy
IBollman
[email protected]
I
INewport Beach
ICA
192660
1 ISep 18, 2022
331
1 La Vonne
jEarl
[email protected]
I
INewport Beach
lCalifornia
I
JUSA
ISep 18, 2022
Save the club! We have enough hotels. Our community depends on this. 332
IPaul IVrebalovich [email protected] 12034 Baypointe Drive INewport Beach Icalifornia 192660 1 ISep 18, 2022 The club is home to too many members and to take it away would be harming the community greatly. 333
Holly
Anderson
[email protected]
Newport Beach
Ca
92663
Sep 18, 2022
334
Cindy
Lightner
[email protected]
Newport Beach
CA
92663
Sep 18, 2022
335
Christine
Gartner
[email protected]
1830 Port Ashley
Newport Beach
CA
92660
USA
Sep 18, 2022
336
Cc
Knowles
[email protected]
Ca
Corona del mar
Usa
92625
Sep 18, 2022
337
Richard
Counsman
[email protected]
437 Carnation Ave
Corona del Mar
CA
92625
USA
Sep 18, 2022
F338
I strongly request that Council deny
the plan to demolish pickleball courts to build a luxury hotel at the Tennis Club at Newport Beach.

Mrs. Catherine
Anderson [email protected] 1979 Port Claridge PI Newport Beach CA 192660 1 ISep 18, 2022 Powered by GoPetition
15-331

#
Title First name Last name Email Address city State Postcode Please do not approve a project that does not explicitly allow Pickleball to remain onsite at The Tennis Club of Newport Beach. The pickleball courts are a vibrant and well used addition to our community and another hotel is not needed in the area.

Lori Junkins [email protected] 1409 High Bluff Dr Newport beach California 92550 Sep 18, 2022 Mrs Holly Tharp [email protected] 4 Bargemon Newport Coast CA 92657 Sep 18, 2022 339
340
341
Dr
Paul
Tharp
[email protected]
4 Bargemon
Newport Coast
CA
92657
Sep 18, 2022
342
Mitch
Junkins
[email protected]
1409 High Bluff Dr
Newport Beach
California
92660
Sep 18, 2022
343
Ms
Susan
Machado
[email protected]
614 Larkspur Ave
Corona Del Mar
CA
92625
USA
Sep 18, 2022
344
SHERRI
JFryer
[email protected]
225 Opal Ave
INewport Beach
JCalifornia
192662
USA
Sep 18, 2022
345
Cathy
lEusey
[email protected]
INewport Beach
ICA
I
Sep 18, 2022
346
Ms
Tere
IMiller
[email protected]
1817 E. Balboa Blvd
INewport Beacj
JCa
192661
JUSA
Sep 18, 2022
I've lived a block away from the tennis club for 29 years. I'm NOT in favor of a hotel being built in this very small neighborhood. 347
Mr. JLance ackson [email protected] 11817 E. Balboa Blvd JNewport Beach JCa 92661 USA ISep 18, 2022 NO! No hotel in Peninsula Point!!
348
Elizabeth
Beazley
[email protected]
Fountain Valley
Ca
92708
Sep 18, 2022
349
Mr and Mrs
Bridget
Gaffney
[email protected]
2652 Crestview Drive
Newport Beach
California
92663
Sep 18, 2022
350
Ms.

Nancy
Buchanan
[email protected]
379 Catalina Shore
Drive
Costa Mesa
California
92627
USA
Sep 18, 2022
This club has served the community for over 60 years. It's presence has allowed to city to direct resources elsewhere. If the club is eliminated, the city will need to provide additional rec facilities. Far better to preserve the club and all the benefits it provides to the community. Given the popularity of pickleball, this is also a benefit to the owner by appealing to the pickleball community as a pickleball destination! 351
Maryann
McQuiddy
[email protected]
[email protected]
79 Cerrero Court
Rancho Mission
Viejo
CA
92694
Sep 18, 2022
352
mrs.

Louise
Winders
521 Dahlia Ave
Corona Del Mar
JCaliforma
192625
JUSA
ISep 19, 2022
I oppose demolishing the NB Tennis Club and replacing
it with a hotel.
353
Melissa
Housel
[email protected]
304 1/2 Collins Ave.

Newport Beach
California
92662
Sep 19, 2022
354
Mrs
sara
benson
[email protected]
1847 Port taggart
Newport Beach
CA
92660
Sep 19, 2022
355
Mrs
Maurine
Hawkins
[email protected]
Newport Coast
CA
92657
USA
Sep 19, 2022
356
Ms
Wendy
Isbell
[email protected]
283 Broadway
Costa Mesa
CA
92627
Sep 19, 2022
This club is a neighborhood home and has been for generations! It's setting is perfect for that and not that big a deal for a hotel. Please stop this change! 357
Diane
Millar
[email protected]
19 Sea Terrace
Newport Coast
CA
92657
Sep 19, 2022
358
Maggi
Arguello
[email protected]
Huntington Beach
Orange
county
92648
USA
Sep 19, 2022
359
Joanne
Wu
'[email protected]
1842 Port Taggart P1
Newport Beach
Ca
92660
Sep 19, 2022
Please save the tennis club
360
Ms.

Gayanne
Stanley
[email protected]
PO BOX 11027
Costa Mesa
CA
92627
USA
Sep 19, 2022
361
Mrs
Darlene
Welling
[email protected]
48 Canyon Ridge
Irvine
CA
92603
USA
Sep 19, 2022
362
Mr
Jason
Atkins
[email protected]
10311 Kamuela drive
Huntington beach
CA
92646
Sep 19, 2022
363
Ms
Tiffanie
Atkins
hairdresser on [email protected]
10311 Kamuela drive
Huntington Beach
CA
92646
Sep 19, 2022
364
Wendy
Meyer
[email protected]
Newport Beach
California
92660
USA
Sep 19, 2022
365
Dr
Cynthia
Boccara
[email protected]
20701 Beach Blvd,
#18
Huntington Beach
CA
92648
USA
Sep 19, 2022
We only support a proposal that specifies 25+ pickleball courts explicitly 366
Mrs IClicia Inhauser-Huang [email protected] 135 sea terrace I Newport beach JCalifornia 192657 1 ISep 19, 2022 We have too many hotels already! We need to preserve the city and provide places for the actual residents to enjoy! 367
Ms ISheri Imyers [email protected] 11372 Terrace Way JLaguna Beach lCalifornia 192651 1 ISep 19, 2022 Powered by GoPetition
15-332

#
Title First name Last name Email Address Postcode
368
JLorna ILea [email protected] 2 Teramo Ct INewport Coast California 192657 1 1Sep 19, 2022 369
lHolly JWylie [email protected] 116761 Baruna Lane lHuntington beach JCalifornia 192649 1 ISep 19, 2022 This is an important place of fun and recreation for so many. A hotel can be placed elsewhere if needed. 370
Mr.
ordan
Gold
[email protected]
19746 Oceanaire
Circle
Huntington Beach
CA
92648
Sep 19, 2022
I have been involved with growing Pickleball in Newport Beach as a volunteer since 2014. My wife received an award from the City for her work in getting pickleball started in this town. Pickleball must remain at TTC. It's the fastest growing sport in America and TTC is the largest club on the West Coast. Save our club! 371
Rosemary
Cumming
[email protected]
1820 Newport hills E
Newport Beach
USA
92660
Sep 19, 2022
372
Julie
Barrett
[email protected]
213 Dahlia Ave
Corona Del Mar
CA
92625
USA
Sep 19, 2022
373
Mrs.

Rebecca
Dewey
[email protected]
37 Bridgeport Rd
Newport Coast
CA
92657
USA
Sep 19, 2022
374
Ms
Judy
Mann
'[email protected]
613 dahlia ave
Newport beach
California
92725
USA
Sep 19, 2022
375
Ludmila
waldron
[email protected]
Newport Beach
ca
92660
USA
Sep 19, 2022
376
Mrs
Jrhonda
Igatley
[email protected]
711 lido park drive
INewport Beach
JCa
192663
JUSA
Sep 19, 2022
377
JElaine
lRothman
[email protected]
9 Madison
INewport Beach
JCalifornia
I
I
Sep 19, 2022
378
Ms
JKathleen
ITemple
[email protected]
2034 Baypointe Drive
INewport Beach
ICA
192660
JUSA
ISep 19, 2022
• Our Club!
379
Ms. Imerrie lWeinstock [email protected] JPort Taggart Place INewport Beach JCalifornia 192660 1 ISep 19, 2022 We need more recreation and fewer hotels in Newport Beach! 380
Patricia &
Edward
Carels
[email protected]
1500 Cornwall Ln
Newport Bch., Ca.

CA
92660
USA
Sep 19, 2022
381
Mrs
lynne
weir
[email protected]
1808 Port Seabourne
Way
Newport Beach
CA
92660
Sep 19, 2022
382
Mrs
Corre
Larkin
[email protected]
1207 Berkshire Lane
Newport Beach
CA
92660
USA
Sep 19, 2022
383
Mr
Greg
Minasian
[email protected]
1853 Port Taggart
Newport Beach
CA
92660
Sep 19, 2022
384
Mr
Rod
Newcombe
[email protected]
1351 Canterbury Ln
Fullerton
CA
92831
USA
Sep 19, 2022
Please reconsider this plan. Do not take away our Pickleball club and family! With almost 2,000 members we are a strong group that wants the best for the area, club and it's members. No big hotel, condos etc! Keep it recreational and keep Pickleball!
385
Ms
Gianna
Minasian
[email protected]
1853 Port Taggart
Place
Newport Beach
CA
92660
USA
Sep 19, 2022
386
Dr
Heather
Bowling
[email protected]
Newport Coast
2 Rochelle
92657
Sep 19, 2022
387
Denise
Salvucci
[email protected]
705 Goldenrod Avenue
Corona del Mar
California
92625
Sep 19, 2022
388
Mrs
Kerry
Hacker
[email protected]
1401 Dove Street,
Suite 640
Newport Beach
CA
92660
USA
Sep 19, 2022
We do not need another hotel and it would be a terrible location and add so much traffic to that area 389
Mr. ILany IFisher [email protected] JP.O. Box 591 lCorona Del Mar Ica Icorona Del Mar JUSA ISep 19, 2022 The local community needs this club. It doesn't need another hotel and it's' accompanying traffic 390
Ms IPatricia JDreyfus [email protected] 11209 KEEL DR ICORONA DEL MAR JCalifornia 192625 1 ISep 19, 2022 We do not need another hotel. This has always been a family area, welcoming to tourists. This is another step to remove activities for people who live here. Greed should not be more important than recreation.
391
Mrs
JBeth
JProkoxki
[email protected]
1821 Hibiscus Ct
JCorona del Mar
ICA
192625
JUSA
ISep 20, 2022
392
Mr.

JDavid
JBadajoz
[email protected]
121 Encore Ct.

INewport Beach
JCalifornia
192663
1 ISep 20, 2022
Keep one of the jewels of Newport Beach
393
Mrs
Carol
Light
[email protected]
Newport Beach
CA
92660
Sep 20, 2022
394
Ms
Robin
Dykhouse
[email protected]
127 Jasmine Creek
Corona Del Mar
US
92625
Sep 20, 2022
395Jayne
VanOpynen
'[email protected]
127 Jasmine Creek
Corona Del Mar
CA
92625
Sep 20, 2022
Powered by GoPetition
15-333

#
Title
First name
Last name
Email
Address
City
State
Postcode
1 I
396
Mr
Steve
Weinstock
[email protected]
1872 Port Taggart
Place
Newport Beach
CA
92660
Sep 20, 2022
397
Dr.

Gary
Dreyfus
[email protected]
1209 Keel Drive
Corona Del Mar
CA
92625
Sep 20, 2022
398
Melodie
Melodie
Perone
[email protected]
708 1/2 Marigold
Corona del mar
Ca
92625
Sep 21, 2022
399
Ms
Tricia
Tedio-Smith
[email protected]
30052 Corsair
Laguna Niguel
California
92677
USA
Sep 21, 2022
400
Mrs
Kim
Nicolas
[email protected]
Newport Beach
Ca
Sep 21, 2022
401
Mr
Chris
Martin
[email protected]
98Navarre
Irvine
Ca
92612
Sep 21, 2022
402
Mr
Edward
Post
[email protected]
2 Hampshirite Court
Newport Beach
California
92660
Sep 21, 2022
403
Scott
Lissoy
[email protected]
108 Pearl Ave
Newport Beach
Ca
92662
USA
Sep 21, 2022
404
Mrs
Jeanne
Conwell
'[email protected]
1507 Serenade
Terrace
Corona Del Mar
CA
92625
Sep 21, 2022
405
Ms
Riley
Ridge
[email protected]
2710 Bayside Dr
CdM
CA
92625
USA
Sep 21, 2022
406
Ms
Marilyn
Stemper
[email protected]
713 Iris Ave
Corona Del Mar
CA
92625
USA
Sep 21, 2022
407
Jerry
Burch
'[email protected]
22 Avignon,
Newport Coast
CA
92657
USA
Sep 21, 2022
408
Gwen Burnett
Gwen
Burnett
[email protected]
451 Hawthorne Rd
Laguna Beach
California
92651
Sep 21, 2022
409
Anonymous
Victoria
Clement
[email protected]
Newport Beach
CA
92625
USA
Sep 21, 2022
410
Mr
Greg
Steininger
[email protected]
708 1/2 Heliotrope
Ave
Corona Drl Mar
CA
92625
Sep 21, 2022
411
Ms
Cathy
Hanley
[email protected]
2076 Tablelands Way
Costa Mesa
lCalifornia
192627
USA
Sep 21, 2022
412
Mrs
Shelly
Johnston
[email protected]
503 Marigold Avenue
Corona Del Mar
ICA
192625
USA
Sep 21, 2022
A hotel a block from a high school is a really really horrible idea 413
Mrs
Deborah
Oconnor
[email protected]
8 Tesoro
Newport Coast
California
92657
Sep 21, 2022
414
Mrs
Lauren
Murphy
[email protected]
12 Old Course Drive
Newport Beach
CA
92660
USA
Sep 21, 2022
415
Mrs.

Traci
Semmelroth
[email protected]
10202 Cynthia Drive
Huntington Beach
CA
92646
Sep 21, 2022
416
Stephanie
Milstein
[email protected]
3315 San Joaquin
Plaza
Newport Beach
California
92660
Sep 21, 2022
417
Mr
jEddy
lChavez
[email protected]
13410 San Joaquin
lNewport
jCa
192660
Sep 21, 2022
418
IKevin
IYurtin
[email protected]
I
INewport Beach
ICA
192660
Sep 21, 2022
Pickle ball is a vital part of the community here in Newport! We don't need more hotels in the area. The Hyatt is right around the corner. 419
Ms.

Jennifer
Simpson
'[email protected]
1828 Baypointe Drive
Newport Beach
CA
92660
USA
Sep 21, 2022
420
Mr
Jeff
Thompson
'[email protected]
120 Newport Center
Dr.

Newport Beach
CA
92660
Sep 21, 2022
421
Mr.

Ken
Bassman
[email protected]
19 Colonial Dr.

Newport Beach
CA
92660
Sep 21, 2022
422
Candice
Stansfield
[email protected]
140 Liberty
Newport Beach
California
92660
USA
Sep 21, 2022
Keep recreation options available for locals !! We don't need more traffic and tourism! 423
Ms
Maddie
Rosen
[email protected]
124 Lessay
Newport coast
CA
92657
Sep 22, 2022
424
Mrs
Karen
Luchesi
[email protected]
43 Goleta Point Dr.

Corona del Mar, CA
CA
92625
Sep 22, 2022
425
Mrs.

Lori
Kreutziger
[email protected]
18522 Villa Drive
Villa Park
CA
92861
USA
Sep 22, 2022
426
Ms
Rosemary
Hezlep
[email protected]
1426, OUTRIGGER DR
CORONA del MAR
CA
92625
Sep 22, 2022
TTC ONLY DOES POSITIVE THINGS FOR THE RESIDENTS OF NEWPORT BEACH AND MANY OTHERS WHO TRAVEL FROM FAR AND NEAR TO ENJOY OUR BEAUTIFUL CLUB. 427
Sydney Rosen I Sydney lRosen [email protected] 1124 lessay INewport Beach lCalifornia 192657 Sep 22, 2022 This club has fostered more relationships with people in this town than I had my entire years growing up in Newport Beach. Pickleball has been an activity for kids and parents of all ages to collaborate and enjoy and has brought people back into my life from years and years ago in the best way possible. Getting rid of this club would do a massive disservice to not only its members but the community ad a whole 428
jMr IMax jPremer [email protected] 12904B Windsor Rd jAustin JTX 178703 JUSA ISep 22, 2022 Powered by GoPetition
15-334

#
Title First name Last name Email Address Postcode Region Date We don't need another hotel - we need more lifestyle complexes just like this pickle ball compound. 429
Mr IShane jPremer [email protected] 120 Molino INewport Beach lCalifornia 192660 1 ISep 22, 2022 Save the courts!
430
Mrs.
lCorinne
iMorgenstern
[email protected]
1448 Rivera Terrace
jCorona Del Mar
lCalifornia
192625
1 ISep 22, 2022
431
Mr.

I Steve
jErlinger
[email protected]
1510 1/2 Acacia Ave
jCorona Del Mar
ICa, Orange
192625
1 ISep 22, 2022
Aren't there enough hotels not to mention multi family units in NB yet? Congestion already out of control! 432
Ms
Cathy
Newton
[email protected]
460 Vista Trucha
lNewport Beach
ICa
92660-3521
JUSA
ISep 22, 2022
433
Mr
Gary
Newton
[email protected]
460 Vista Trucha
INewport Beach
ICa
192660
JUSA
ISep 22, 2022
434
Mindy
Thigpen
[email protected]
708 Emerald Bay
ILaguna Beach
lCalifornia
ILaguna Beach
JUSA
ISep 22, 2022
This club has been around since I was a little girl. I am now 67 years old. It is part of the history of Newport Beach and means so much to so many. Please keep it as is. Thank you, Mindy Thigpen 435
Mrs ICarolyn ohnson [email protected] 15102 Canterbury Dr lCypress ICa 199630 1 ISep 22, 2022 I am outraged!
436
Spencer
York
[email protected]
1310 Watson Avenue
Costa Mesa
CA
92626
USA
Sep 22, 2022
437
Mrs
Martha
Duque
[email protected]
1915 Port Cardiff
Place
Newport Beach
CA
92660-5416
USA
Sep 22, 2022
438
Mr.

Neil
Whitney
[email protected]
1417 Sea Ridge Drive
Newport Beach
California
92660
USA
Sep 22, 2022
439
Andrea
Sarkisian
[email protected]
Irvine
CA
92612
Sep 22, 2022
440
Ms
jMaureen
iSchaller
[email protected]
12307 Alta Vista Dr
lNewport Beach
lCalifornia
192660
IUSA
ISep 22, 2022
As a former member of the Newport
Beach Tennis Club, we do not need a hotel in the residential area of Eastbluff. 441
Rick
Brown
[email protected]
21 Honors Dr
Newport Beach
CA
92660
USA
Sep 22, 2022
442
Mr..

Mike
Skillman
[email protected]
2602 Circle Drive
Newport Beach
CA
92663
USA
Sep 22, 2022
443
Mr
Randy
Higbee
[email protected]
20061 Waterford Lane
Huntington Beach
California
92646
USA
Sep 22, 2022
444
Dr
Darrin
Fryer
[email protected]
225 Opal Ave
Newport Beach
Ca
92662
Sep 22, 2022
445
Rochelle
Lorito
[email protected]
3421 Fela Ave
Long Beach
California
90808
USA
Sep 22, 2022
446
Ms
Lori
Sakamoto
[email protected]
3282 Oak Knoll Dr
Los Alamitos
Ca
90720
USA
Sep 22, 2022
447
ISherri
ISkillman
[email protected]
12602 Circle Drive
INewport Beach
ICA
192663
JUSA
Sep 22, 2022
I've been a tennis & Pickleball member for almost 30 years & strongly object to the proposed hotel. Local Orange County residents need open spaces to recreate, not more buildings/hotels. 448
Ms.

IDiane
ITagami
[email protected]
1353 Ramona Way
ICosta Mesa
lCalifornia
92627
USA
ISep 22, 2022
449
Mr.
jPhilip
IMiller
[email protected]
11967 Aliso Avenue
ICosta Mesa
lCalifornia
192627
JUSA
ISep 22, 2022
TTC is a more valuable asset to the residents of Newport Beach and surrounding cities than another hotel. 450
Julie
Evans
[email protected]
Po342
Surfside
Usa
90743
Sep 22, 2022
451
Mr
Todd
White
[email protected]
535 San Bernardino
Ave
Newport Beach
Ca
92663
Sep 22, 2022
452
Drs Kurt and
Lori
Lori
Openshaw
[email protected]
1987 Port Trinity
Circle
Newport Beach
ca
92660
Sep 23, 2022
PLEASE PLEASE leave these courts for residents! We all need more places to stay / be active. We certainly do not need any hotels! 453
Mr
Sean
kanawati
[email protected]
Seal beach
CA
90740
Sep 23, 2022
454
Dr
James
Fitzpatrick
'[email protected]
21 Bridington
Laguna Niguel
California
92677
USA
Sep 23, 2022
455
Shaun
Skeris
[email protected]
4572 Ironwood
Avenue
Seal Beach
CA
90740
USA
Sep 23, 2022
456
Mr
Brian
McCarthy
[email protected]
313 34th st
Newport Beach
Ca
92663
Sep 23, 2022
No way. Traffic and crowds are already unmanageable
457
jDr.

IDouglas
ICitro
[email protected]
122 Pearl Avenue
Newport Beach
CA
92662
USA
Sep 23, 2022
458
1Mr
jAnthony
ICasassa
[email protected]
28 Shade Tree
Irvine
Ca
92603
Sep 23, 2022
Powered by GoPetition
15-335

#
Title First name Last name Email Address city State Postcode 459
Mr lGeorge lGelfer [email protected] 125 Via Lucca, Apt J433 Irivine ICA 192612 1 1Sep 23, 2022 I was member 250 and watched the club expand to over 1,800 members creating a strong healthy community. We understand the land owners have the right to develop the land to maximize revenue. All we ask is that Picklball be a center point of the future facility. 460
IGary JBIack [email protected] 1709 1/2 Iris Ave jCorona del Mar ICalifornia 92625-2253 JUSA ISep 23, 2022 Pickleball is the fastest growing sport in America and it would be a shame for Newport Beach to give up this opportunity to support the sport for it's residents and give up the opportunity to be a major national venue for pickleball and tennis!
461
Mr
Lewis
Lanzner
[email protected]
223 Canal Street
Newport Beach
CA
92663
Sep 23, 2022
462
Mr and Mrs
Dave Lamb
patricia
Lamb
[email protected]
801 Via Lido Soud
Newport Beach
Ca
92663
Sep 23, 2022
463
Mr
Victor
Orta
[email protected]
668 W Main St # A
Tustin
California
92780
Sep 23, 2022
We need more places for recreation to exercise and socialize with other people. This is a location that helps keep the community healthy and should not be closed down. 464
Carl
Mazzie
[email protected]
Newport
Ca
USA
Sep 23, 2022
465
Heidi
Lynn
[email protected]
7 Purple Sage
Irvine
California
92603
USA
Sep 24, 2022
466
Ellen
Wheeler
[email protected]
505 Redlands Avenue
Newport Beach
CA
92663
Sep 24, 2022
Please save our pickleball courts!!! Do NOT allow the courts to be demolished, you would be doing a huge disservice to our community. 467
Mrs.

Linda
Young
[email protected]
1044 Santiago Drive
Newport Beach
Ca
92660
Sep 24, 2022
468
Mr.

Burton
Young
[email protected]
104; Santiago Drive
Newport Beach
Ca
92660
Sep 24, 2022
469
William
Duffy
[email protected]
952 TURTLE CREST
DR,
IRVINE
CA
92603
USA
Sep 24, 2022
I love TTC and use the facilities with my wife and daughter more 10-hours per week. We would have difficulty finding another pickleball option if TTC were unavailable for play. There are no other adequate pickleball options in the area. Please save our club. It is more than just courts, it is a community. 470
Laura
Curcio
[email protected]
6 Navarre
Irvine
California
92612
Sep 24, 2022
471
Mr
Matthew
Curcio
[email protected]
6 Navarre
Irvine
Ca
92612
USA
Sep 24, 2022
472
Cathy
Husen
[email protected]
20 Encore Ct
Newport Beach
CA
92663
Sep 24, 2022
473
Mrs
Carrie
Benvenuti
[email protected]
10 Venezia
Newport coast
Ca
92657
USA
Sep 24, 2022
474
Lee Ann
McCarthy
[email protected]
1128 Portola Oaks
Drive
Lake Forest
CA
92610
USA
Sep 25, 2022
475
ITony
jMcCarthy
[email protected]
1128 Portola oaks dr
ILake Forest
ICA
192610
JUSA
ISep 25, 2022
476
Mrs.

IToni
jMurTay
Itoni [email protected]
602 Avocado Ave.
jCorona Del Mar
ICA
192625
1 ISep 25, 2022
Powered by GoPetition
15-336

Received after Agenda Printed
September 27, 2022
Item No. 15
From: Rieff, Kim
To: Mulvey, Jennifer
Subject: FW: Save the Pickleball club - Vote No on O"Hills plan B Date: September 26, 2022 2:00:18 PM
-----Original Message -----
From: Williams
Sent: September 26, 2022 1:21 PM
To: Dept - City Council
Subject: Save the Pickleball club - Vote No on O'Hills plan B [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Please DO NOT approve Mr. O'Hill's hotel resort/tennis plan as currently proposed.

I am a Corona del Mar homeowner with family members who also own a home in the Port Streets. We've tried to play pickleball regularly at the Bonita Canyon Sports Park but courts are very difficult to secure.

We've gotten there at the crack of dawn on cold foggy mornings in winter, only to find people playing on the courts prior to 7 am while
others are waiting. Even a court reservation system will not solve the problem of too many Newport Beach pickleball players in a city unprepared for the explosion of the sport.

So we joined the TTC Pickleball Club to get constant and regular access to courts. We have been promised by 50% landowner Mr. O'Hill and operator Sean, that if the hotel/tennis resort is approved by you on Tuesday, it will actually become a hotel/pickleball resort. If that is not guaranteed, and I believe that it cannot be guaranteed based on Mr.

O'Hill's plan B as submitted to you, then please do not approve O'Hill's plan B.

Brett and Ryan, the other 50% co -landowners, state they will keep and update the current pickleball club. That's exactly what we want. But that can only happen if you vote No on O'Hill's plan B.

Thank you,
The Williams family's of Harbor View and the Port Streets. 15-337

Eagle Four Partners
1400 NEWPORT CENTER DR.

NEWPORT BEACH CA 92660
(949)240-1020
May 23, 2022
Sean Bollettieri-Abdali
Grand Slam Tennis
11 Clubhouse Drive
Newport Beach, CA 92660
Re: The Tennis Club Property
Dear Sean:

I appreciate you and Robert 0 Hill taking the time to meet with me recently to discuss the proposed development projects for the Tennis Property. Newport Beach Country Club is aligned with The Tennis Club in opposing high density apartments on the Tennis Property.

As T told Robert ® Hall and you recently, the minor amendment to the Tennis Property entitlements for the boutique hotel use, showing 42 visitor serving Bungalows and Lofts with 3 Penthouse Condoinliniun-as and 2 Villa single family homes on leasehold land is a beautiful project.

We are interested in learning more about the proposed minor amendment and resulting project in the days and weeks ahead. We are also keenly interested in continuing to explore opportunities that may arise from the development of the hotel and residential portion of the Tennis Property.

All the best,
Rory 1 amer
CC ,tin Campbell.

Assistant Development Director
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Received after Agenda Printed
September 27, 2022
Item No.15
September 23, 2022
DELIVERED VIA EMAIL ONLY. citycouncilgnewportbeachca.gov Newport Beach City Council
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
Re: September 27, 2022, City Council Agenda
Objection to Agenda Item No. 15
Project No. PA2021-260
Dear Honorable City Council Members:

We write to you today to express our objection to Agenda Item No. 15. As you may know, we own 50% of the property at 1602 East Coast Highway ("Tennis Property"), where The Tennis Club at Newport Beach is located. Our co-owner Golf Realty Fund, LP ("GRF") owns the other 50% of the Tennis Property; Robert O Hill represents GRF. We and GRF hold our ownership interests in the Tennis Property as tenants in common, not as an LLC or partnership, which means the individual owners retain significant rights.

Our families have lived in the City of Newport Beach ("City") since the 1920s, and we own and operate a number of commercial, residential, and recreational properties throughout the City. For example, one our families' patriarchs, Alan Fainbarg, operated one of the first beach rental shops on Bay Avenue on the Balboa Peninsula in the 1930s. We have the interests of the City at heart, and as generational families with deep roots here we see it as our duty to be involved with and to give back to this community, which we have done and continue to do, including through our philanthropic work.

As you may know, we are engaged in an arbitration with GRF to establish rights and obligations of the owners under our private Owners in Common Agreement' for the Tennis Property ("OIC Agreement"). A central issue in the arbitration proceeding is whether GRF has the authority to unilaterally apply for the plans and entitlements for the Tennis Property that are before the City Council on September 27, 2022. It is our position that GRF does not have the authority under the OIC Agreement to apply for the plans and entitlements without our consent. That said, we recognize this is a private dispute between private parties, and we are not seeking to involve the City in our private dispute. Instead, we are giving you this background information to help you understand our objection to the proposed planning application and its approvals and entitlements, which is further explained in the attached Arbitration Demand. ' A copy of the OIC Agreement is attached as Exhibit A to the Arbitration Demand from the pending arbitration, and a copy of the Arbitration Demand is enclosed with this correspondence as Exhibit 1 and is hereby incorporated by reference as if fully set forth herein. 15-339

Also, we attended the City's Planning Commission hearing on September 8, 2022, where we expressed to City staff and commissioners (among other things) our long-term commitment to pickleball at the Tennis Club. We recognize the explosion of pickleball as a sport and realize its growing popularity in our community and the club members' desire for pickleball. In fact, we have been working on a lease with a prominent Newport Beach business operator that would: preserve the club, preserve the pickleball courts, preserve the tennis courts and significantly upgrade the club's facilities. The lease would be for 10 years and can be extended for an additional 10 years should the tenant so desire — making the total possible term 20 years. We sent this lease to Mr. O Hill and we hope he gives it fair consideration.

We also expressed at the September 8th Planning Commission hearing our concern that the plans and entitlements for which GRF is applying do not provide for pickleball courts or reflect pickleball as a future use at the Tennis Club. We also understood the City staff and commissioners to say at the September 8th hearing that not only does GRF's plans not provide for pickleball at the Tennis Club but if GRF's project were to be approved and constructed that pickleball would be eliminated as a use at the Tennis Club. We hope that we could all agree that elimination of pickleball would not be good for the pickleball members nor the future of the Tennis Club.

We were likewise very concerned to hear a statement read at the September 8th Planning Commission hearing on behalf of an apparently large contingency of club members who oppose GRF's project but did not attend the hearing out of fear because Mr. Abdali allegedly threatened to kick such members out of the Tennis Club if they did attend and oppose the project. We have heard that, unlike the Planning Commission hearing and despite the alleged threats against them, members from the Tennis Club may appear at the City Council hearing to express their dissatisfaction with GRF's project.

Thank you for your consideration of our letter. We appreciate the service you perform for our shared community.

Sincerely,
Brett Feuerstein
as Manager of
Mesa Shopping Center -East, LLC
and Mira Mesa Shopping Center -West, LLC
R
q�w ew"
Ryan Chase
as Manager of Fainbarg III, LP
cc: Grace K. Leung, City Manager ([email protected]) Seimone Jurjis, Community Development Director ([email protected]) Robert O Hill, Golf Realty Fund ([email protected]) Enclosures: Exhibit 1: March 25, 2022, Arbitration Demand from the Pending Arbitration with Exhibit A only; Exhibits B to H to the Arbitration Demand can be provided upon request
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Exhibit 1
15-341

MICHAEL YODER (SBN 83059)
[email protected]

O'MELVENY & MYERS LLP
610 Newport Center Drive
17th Floor
Newport Beach, California 92660-6429
Telephone: +1 949 823 6900
Facsimile: +1 949 823 6994
JACOB C. GONZALES (SBN 235555)
[email protected]*cg-law.com
1cg I law
23 Corporate Plaza Drive, Suite 150
Newport Beach, California 92660-7901
Telephone: +1 949 313 8545
Attorneys for Claimants

MESA SHOPPING CENTER -EAST, LLC
MIRA MESA SHOPPING CENTER -WEST, LLC and

FAINBARG III, LP

JUDICIAL ARBITRATION AND MEDIATION SERVICES
ARBITRATION PROCEEDING — ORANGE COUNTY OFFICE
MESA SHOPPING CENTER -EAST, LLC, a
California limited liability company; MIRA
MESA SHOPPING CENTER -WEST, LLC, a
California limited liability company; and
FAINBARG III, LP, a California limited
partnership,
Claimants,
V.

GOLF REALTY FUND LP, a California
limited partnership fka O HILL PROPERTIES,
a California limited partnership,
Respondent.

JAMS Case No. 5200000090

CLAIMANTS' DEMAND FOR

ARBITRATION AND STATEMENT OF
CLAIMS FOR:
(1) DECLARATORY AND
INJUNCTIVE RELIEF;
(2) BREACH OF CONTRACT;
(3) BREACH OF THE COVENANT OF

GOOD FAITH AND FAIR
DEALING;
(4) ACCOUNTING; AND
(5) DECLARATORY RELIEF
Claimants Mesa Shopping Center -East, LLC, Mira Mesa Shopping Center -West, LLC, and Fainbarg III, LP (collectively "Co -Owners" or "Claimants"), hereby allege as follows:
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I. INTRODUCTION

1. The parties, tenant in common owners of the approximate 7-acre Newport Beach tennis club property commonly known as 1602 E. Coast Highway, Newport Beach, CA 92660 (the "Tennis Property"), are no strangers to arbitration. This action marks their fifth such proceeding. In 2013, Respondent obtained an arbitration award that allowed him to complete a few remaining discretionary entitlements, which he had been pursuing for almost 15 years, for his so-called "master plan" to redevelop the Tennis Property. In 2020, Co -Owners obtained an arbitration award finding they had not consented, and were not required to consent, to Respondent's master plan to redevelop the Tennis Property. It was also established at the 2020 arbitration that Respondent had finished processing the few remaining discretionary entitlements for his master plan. Thus, any right Respondent had under the 2013 award to process his discretionary entitlements had run its course.

2. Co -Owners were surprised to learn in late November 2021 that Respondent was applying for new entitlements for the Tennis Property without their knowledge or consent.

Respondent submitted new entitlement applications to the City of Newport Beach (the "City") over Co -Owners' instructions that he did not have their consent —express or implied —to process any more entitlements or to spend ownership funds doing so. Respondent concealed from Co - Owners that he had submitted new applications, and when Co -Owners finally learned of the new entitlement applications, they made multiple requests to Respondent in writing to stop and to provide them with information about his entitlement applications. Respondent ignored Co - Owners' requests.

3. Co -Owners also learned in December 2021 that Respondent had allowed a new operator to start a restaurant at the Tennis Property without obtaining the Co -Owners' consent as required under the parties' written agreement for the Property, and that Respondent had submitted a liquor license application purportedly on behalf of the Property ownership along with that operator without notifying Co -Owners. Co -Owners then discovered in February 2022 that alcohol was being sold at the Tennis Property without a liquor license. Co -Owners asked Respondent in writing for basic information about the new operator at the Tennis Property, including to be 15-343

provided any purported lease with the operator, and that Respondent stop the unlawful sale of alcohol. Respondent ignored their request for information and Co -Owners are informed and believe, and thereon allege, that alcohol continues to be sold at the Tennis Property without a license.

4. Respondent is ignoring Co -Owners' rights and his duties to them by treating the Tennis Property as though it is his to do with as he pleases. Respondent has spent significant ownership funds while failing to respond to Co -Owners' requests for basic information and running afoul of his limited duties as managing owner. Rather than cooperate and seek to work toward a consensus with Co -Owners, Respondent is attempting to present them with a fait accompli for his development project for the Tennis Property while exposing them to real liability by placing an operator at the Property without Co -Owners' consent and allowing that operator to unlawfully sell alcohol. Co -Owners bring this arbitration to remove Respondent as managing owner or, alternatively, to enjoin him from further breaches of his agreement with Co -Owners.

II. THE PARTIES

5. Claimant Mesa Shopping Center -East, LLC ("Mesa East"), is a California limited liability company with its principal place of business in the City of San Diego.

6. Claimant Mira Mesa Shopping Center -West, LLC ("Mesa West"), is a California limited liability company with its principal place of business in the City of San Diego.

7. Claimant Fainbarg III, LP ("Fainbarg III"), is a California limited partnership with its principal place of business in the City of Costa Mesa.

8. Co -Owners are informed and believe, and thereon allege, that Respondent Golf Realty Fund, LP ("GRF" or "Respondent"), is a California limited partnership, which is managed by Robert O Hill, with its principal place of business in the City of Newport Beach.

III. VENUE AND JURISDICTION

9. This action stems from the Agreement Between Real Property Owners — Balboa Bay Club Racquet Club of March 8, 1994 (the "OIC Agreement"), for the Tennis Property, the legal description of which is set forth in Exhibit A to the OIC Agreement. Exhibit A attached hereto is a copy of the OIC Agreement.
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10. Section 26 of the OIC Agreement states: "All disputes arising under this agreement will be resolved by submission to arbitration at the Orange County offices of Judicial Arbitration & Mediation Services Inc. (`JAMS') for binding arbitration. The parties may agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge will serve as the arbitrator at the arbitration hearing.... Nothing in this paragraph shall in any way limit or otherwise restrict a party's right or ability to obtain injunctive relief or appointment of a receiver through the Court system."

11. Pursuant to the OIC Agreement, the claims set forth in this Arbitration Demand are subject to arbitration before a retired judge at JAMS in the County of Orange. Co -Owners reserve the right to obtain injunctive relief through the Court system as provided in Section 26.

IV. GENERAL ALLEGATIONS
A. Tenant in Common Ownership of the Tennis Property

12. In around 1994, the parties acquired the Tennis Property. Tenant in common ownership in the Tennis Property is apportioned as follows:
• Claimant Fainbarg III has a 25% interest,
• Claimant Mesa East has a 15% interest,
• Claimant Mesa West has a 10% interest, and
• Respondent has a 50% interest.

13. The parties also co-own (as tenants in common) the adjacent Newport Beach Country Club located at One Clubhouse Drive, Newport Beach, CA 92660 (f/k/a 1600 E. Pacific Coast Highway, Newport Beach, CA 92660) (the "Golf Property"). Pursuant to the Agreement Between Real Property Owners — Newport Beach Country Club of September 30, 1992, the terms of which are almost identical to the OIC Agreement, tenant in common ownership in the Golf Property is apportioned the same as the ownership in the Tennis Property.

14. Under two essentially identical agreements, for years O Hill Properties, now known as Golf Realty Fund, both controlled by Robert O Hill (hereinafter referred to as "O Hill"), acted as the managing owner, under limited powers, for the tenant in common owners of 15-345

the Tennis and Golf Properties. As both Properties were under long-term triple net leases to tenants, the fundamental job of O Hill was to collect rents, pay the minimal expenses associated with overseeing the Properties, and then pay distributions to all the tenant in common owners.

15. The OIC Agreement provides the managing owner with only limited authority over the Tennis Property, as most decisions are reserved to the tenant in common owners or require at least a majority vote. For example, before O Hill (as the managing owner) could make a material expenditure for a capital improvement at the Tennis Property he must first obtain the written consent of at least one of the Co -Owners. See OIC Agreement § 7(d). Similarly, any conveyance of an interest in the Tennis Property, including a leasehold interest, must be in a writing signed by all the owners. Id. § 3. Aside from the limited powers given to the managing owner to collect rents and pay ordinary expenses, the OIC Agreement expressly provides that each tenant in common owner retains the right to deal with his interest in the Tennis Property as such owner sees fit. Id. § 1.

B. History of Problems with O Hill's Management

1. Past Problems with Tennis Property

16. Early on, in the 1990s, O Hill explored ways to redevelop the Tennis Property. He sought to rezone the Tennis Property from open space recreational to a mixed use, which would allow commercial and residential development. Co -Owners were supportive of O Hill's initial efforts to obtain an upzoning of the Tennis Property from open space to mixed use and had no objection to his use of limited ownership funds for that purpose. O Hill developed several ideas for possible site plans but spent relatively modest amounts of ownership funds doing so.

17. In around 2007, however, O Hill started spending considerable amounts of ownership funds, prompting Co -Owners to begin asking questions and requesting information to better understand both what O Hill planned, and the underlying economics of a possible Tennis Property redevelopment. O Hill only reluctantly turned over information for his development plan for the Tennis Property, which O Hill referred to as his "Master Plan," which involved obtaining discretionary entitlements for the Tennis Property for the following three specific uses: 5 single family residential units (referred to as the villas), 7 tennis courts with a new tennis clubhouse/spa 15-346

building, and a hotel with 27 rooms (referred to as the bungalows).

18. Within a year or so of initiating their fact-finding process, it became apparent to Co -Owners that O Hill's proposed Master Plan did not maximize the Tennis Property's value for all the tenant in common owners, or that O Hill at least had not provided Co -Owners with meaningful information to support his proposed Master Plan's economics. It was also apparent that O Hill's Master Plan was really about his personal interests in developing the Tennis Property even though those interests were not shared by Co -Owners, and he was pursuing those interests at Co -Owners' expense. On February 20, 2008, Co -Owners asked O Hill in writing to stop — formally objecting to his further processing discretionary entitlements for his Master Plan.

Rather than stop, O Hill ramped up his spending of ownership funds on his discretionary entitlements for his proposed Master Plan.

2. 2011-13 Arbitration with Judge Fromholz

19. In April 2011, the Co -Owners commenced a JAMS arbitration proceeding with Hon. Judge Hayley Fromholz (Ret.) to enjoin O Hill from further processing his discretionary entitlements for his Master Plan. Judge Fromholz issued his decision in May 2013. Exhibit B attached hereto is a true and correct copy of Judge Fromholz' May 17, 2013, Final Award.

20. Judge Fromholz found the OIC Agreement did not expressly give O Hill (as managing owner) expansive powers, and that the Agreement was ambiguous in that it neither clearly authorized nor restricted O Hill from pursuing the discretionary entitlements for his Master Plan: "The Agreements do not expressly give the Managing Owner expansive powers. For example, Recital C of the Agreements states merely that the `Owners ... believe it necessary and appropriate to have one Owner be the managing Owner for purposes of accounting and administration." (Fromholz Award at 8, underline added.)

21. In addition to finding the OIC Agreement was ambiguous, Judge Fromholz concluded that Co -Owners had sat on the sidelines and waited too long to protest the few remaining discretionary entitlements O Hill was processing for his Master Plan. Judge Fromholz found that O Hill could finish the limited work left to complete the discretionary entitlements for his Master Plan since he had purportedly been pursuing them for almost 15 years and very little 15-347

remained for O Hill to do (hereinafter, "2012 Discretionary Entitlements"): "At the time that [Co -Owners] voiced their objection in February 2008, O Hill had been actively_ pursuing the discretionary entitlements for nearly fifteen years. Voters approved the general amendment and the only remaining [discretionary] entitlements were the development standards such as height limits, landscaping, vehicle access, and parking. Thus, very little remained to complete the NBCC Plan." (Id. at 9, underline added.)

22. Judge Fromholz found that, as of May 2013, the only items that remained for O Hill to complete his 2012 Discretionary Entitlements were ministerial development standards:
"Currently, the development standards for the NBCC Land such as height limits, landscaping, vehicle access, and parking, are still undetermined. The development standards are the final discretionary entitlements for the NBCC Land. Proceedings are continuing to be held before the City to determine the development standards." (Id. at 4, underline added.)

3. 2015-16 Arbitration with Justice Sonenshine

23. Following the conclusion of the parties' arbitration with Judge Fromholz, and for almost two years, Co -Owners made multiple written requests to O Hill asking to be provided meaningful information about his 2012 Entitlements and Master Plan. O Hill ignored Co -Owners' requests. Thus, in April 2015, Co -Owners initiated another arbitration against O Hill, this time with the Hon. Justice Sheila Prell Sonenshine (Ret.), to obtain an order allowing them to access information concerning the work -product resulting from the hundreds of thousands of dollars of ownership funds spent by O Hill on his 2012 Discretionary Entitlements and Master Plan, and to enforce their contractual right to have an audit performed concerning those expenditures.

24. In August 2016, Co -Owners prevailed in the parties' arbitration with Justice Sonenshine and obtained the audit they were seeking, information concerning O Hill's expenditure of ownership funds on his Master Plan and O Hill's stipulation to provide annual written status and financial reports as required under section 7 of the OIC Agreement. Justice Sonenshine also awarded Co -Owners their attorneys' fees and costs as the prevailing parties.

4. 2017-20 Arbitration with Justice King

25. In 2017, O Hill sued Co -Owners seeking to force them to go along with the 15-348

development of his 2012 Discretionary Entitlements and Master Plan — i.e., the construction of a 27-room hotel, 5 villa residences, and a new tennis clubhouse and 7 courts. In March and May 2019, an evidentiary hearing was held with the Hon. Justice Jeffrey King (Ret.) at JAMS, and on April 8, 2020, Justice King issued his Final Award. Exhibit C attached hereto is a true and correct copy of Justice King's April 8, 2020 Final Award, which was confirmed and entered as a Judgment on March 26, 2021, in Orange County Superior Court Case No. 30-2020-01159790- CU-PA-CJC.

26. By his Final Award, Justice King denied all of O Hill's claims against the Co - Owners and found in favor of the Co -Owners on all of their cross -claims against O Hill, determining, among other things, that:
• Co -owners had not already consented, were not estopped from withholding their consent, and had no duty to consent, under the OIC Agreement (or otherwise) to the sale, lease or improvement of the Tennis Property as part of O Hill's 2012 Discretionary Entitlements and Master Plan. • Under the OIC Agreement each owner has the unfettered right to refuse for any reason to sell its interest the Tennis Property or any portion thereof. • Relative to the leasing of the Tennis Property or portions thereof, no owner may refuse to lease the Tennis Property or portions thereof for an objectively unreasonable reason.
• The Co -owners' refusal to consent to the sale or lease of, or construction of improvements on, the Tennis Property as part of O Hill's 2012 Discretionary Entitlements and Master Plan was not objectively unreasonable. (Justice King Final Award at 32-33.)

27. Also, O Hill acknowledged in the arbitration with Justice King that as of November 2018, he had completed his 2012 Discretionary Entitlements (which, in 2013, Judge Fromholz said he could finish processing since very little remained to complete them). Indeed, Justice King made it a point to say in his Final Award that O Hill had finally completed his 2012 Discretionary Entitlements:
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Judge Fromholz states at page 4 of his decision, "[c]urrently, the development standards for the NBCC Land such as height limits, landscaping, vehicle access and parking are still undetermined. The development standards are the final discretionary entitlements for the NBCC Land. Proceedings are continuing to be held before the City to determine the development standards." To a reader it somewhat leaves the impression that he believed the process of entitlements was near completion. Entitlements were not completed until about five and one-half years later.
(King Final Award at 5, fn. 3, emphasis added.)
The master plan has three elements: there are 27 bungalows, 5 villas and the tennis club/spa. The tennis/spa building is an amenity for the bungalows and villas. The entity. By November 2018 he had: the Newport Beach Country Club Planned Community text, a zone change, site plan approval, state Water Quality Control Board approval, grading plan, storm drain plan, dry utility plans and street improvement plans, through plan check. They had all the entitlement approvals necessga to do the "bake - off.
(Id. at 10, underline added.)

28. Thus, any right O Hill had to process his few remaining 2012 Discretionary Entitlements under Judge Fromholz' award had run its course as of November 2018.

C. Ongoing Issues with O Hill's Management

1. In November 2021, Co -Owners Learned O Hill Was Applying for and Processing New Entitlements for the Tennis Property with the City

29. Co -Owners prevailed in the 2015-16 arbitration with Justice Sonenshine because O Hill was spending significant ownership funds on his Master Plan while refusing to provide Co -Owners with information about such expenditures. Co -Owners prevailed in the 2017-2020 15-350

arbitration with Justice King because, after O Hill had finally completed his 2012 Discretionary Entitlements, it was determined that under the OIC Agreement O Hill could not compel Co - Owners to go along with the development of the Tennis Property as part of O Hill's Master Plan, and Co -Owners were not estopped from, nor being unreasonable, in withholding their consent to O Hill's Master Plan.

30. After Justice King issued his Final Award, Co -Owners sent O Hill a series of letters on November 13, 2019, June 9, 2020 and July 28, 2020, putting him on notice that any right he had to process his few remaining 2012 Discretionary Entitlements under Judge Fromholz' 2013 award (since O Hill had completed them) had run its course and that award did not support O Hill processing new entitlements for the Tennis Property, that he did not have Co - Owners' consent to seek new entitlements and that he was not to spend ownership funds doing so.

31. Yet, in November 2021, Co -Owners discovered that O Hill, without their knowledge or consent and over their objections, was seeking City approval for a new project he had devised without Co -Owners' input, which, Co -Owners are informed and believe, and thereon allege, would significantly change his Master Plan by, without limitation, increasing the number of hotel rooms from 27 to 41 (hereinafter the "2021 Project").

32. Co -Owners are further informed and believe, and thereon allege, that for his 2021 Project, O Hill is applying for and processing, or that he intends to apply for and process, with the City, the following new entitlements for the Tennis Property: General plan amendment, PC text amendment, development agreement amendment, amendment to tract map, major site development review amendment, limited term permit amendment, coastal development permit amendment, traffic study and compliance with CEQA (hereinafter "New 2021 Entitlements").

Exhibit D attached hereto are copies of O Hill's Community Development Planning Permit Application that Co -Owners are informed and believe, and thereon allege, O Hill submitted to the City in November 2021 and the NBCC Tennis Property Entitlement Amendment & Project Description that Co -Owners are informed and believe, and thereon allege, O Hill submitted to the City in February 2022.

33. On November 23, 2021, Co -Owners sent O Hill a letter expressing surprise that he 15-351

was processing his New 2021 Entitlements and reminding O Hill that he did not have their consent to process any more entitlements for the Tennis Property and was not to spend ownership funds doing so. Co -Owners asked O Hill in writing to stop, and to provide them with copies of the submittals he made to the City for his 2021 Project and his New 2021 Entitlements as well as for meaningful economic data he believed supported his 2021 Project. O Hill ignored Co - Owners' requests.

34. On December 6, 2021, Co -Owners sent O Hill another letter again asking to be provided the information requested in their November 23 letter regarding his 2021 Project and his New 2021 Entitlements, and that he stop processing his New Entitlements. O Hill again ignored Co -Owners' requests.

35. On January 21, 2022, Co -Owners again sent O Hill a letter asking that he provide them with copies of his submissions to the City for his 2021 Project and New 2021 Entitlements, and that he stop processing his New Entitlements. O Hill once more ignored Co -Owners' requests.

36. O Hill has refused to comply with Co -Owners' requests that he provide them with copies of his submittals to the City regarding his 2021 Project and his New 2021 Entitlements, and that he stop processing his New Entitlements, and it is clear that O Hill will only comply if ordered to do so and enjoined from taking further action in connection with his New 2021 Entitlements and from spending ownership funds on them.

2. In December 2021, Co -Owners Learned O Hill Is Processing a Liquor License for a Tenant at the Tennis Property He Never Disclosed

37. In October 2014, Grand Slam Tennis and its manager Sean Abdali (hereinafter collectively "Abdali"), started operating the tennis club at the Tennis Property without a written lease, apparently based upon a purported oral month -to -month agreement with O Hill calling for a $7,000 monthly license fee. Co -Owners are informed and believe, and thereon allege, the purported month -to -month arrangement with Abdali continues today, and the fee/rent Abdali is paying is well below market.

38. When Co -Owners learned Abdali was operating the tennis club, they asked O Hill 15-352

to get a basic written lease in place with Abdali that would provide for the monthly rent to be paid, length of the term, and Abdali's obligation to pay the property taxes and maintain liability insurance covering all the owners. In response to Co -Owners' request for a basic written lease with Abdali, O Hill apparently purported to promise Abdali, without Co -Owners' knowledge or consent, that he could operate the tennis club for 25 years.

39. At the arbitration with Justice King, O Hill testified that he intentionally did not involve Co -Owners when making purported promises to Abdali regarding the tennis club, nor did O Hill seek Co -Owners' approval before making such purported promises. Abdali testified Co - Owners never made any promises to him, and that he knew he needed Co -Owners to sign (as owners) any lease for the tennis club.

40. As part of the arbitration with Justice King, O Hill sought a declaration that Co - Owners had to sign a 22-year proposed lease with Abdali that O Hill had prepared and given to Abdali without Co -Owners' knowledge or consent. Yet, O Hill also testified at the arbitration that "[u]nder the [OIC] agreement each owner must consent to any grant of a leasehold interest" and that "a majority [of owners] must agree as it relates to a lease." (King Final Award at 11.) O Hill's testimony is consistent with section 3 of the OIC Agreement, stating: "The Owners acknowledge and agree that ... any leasehold interest [in the Tennis Property] ... may be granted, conveyed or so encumbered by the execution of the applicable instrument by each Owner." (Underline added.)

41. Justice King denied O Hill's claim, and agreed with Co -Owners, finding that Co - Owners had acted reasonably in declining to sign the proposed lease O Hill negotiated with Abdali. (King Final Award at 25-26.)

42. After Justice King issued his Final Award, Co -Owners sent O Hill letters on June 9, 2020, and July 28, 2020, again asking that he get a basic written lease in place for the tennis club setting forth the tennis club operator's obligations to pay rent, taxes and insurance, and with a reasonable lease term in the range of one to three years. O Hill ignored Co -Owners' requests.

43. In late November 2021, Co -Owners learned from reviewing the tennis club website ( https://thetennisclubnb.com) that the club had 31 new pickleball courts. Apparently, several of the tennis courts at the club had been converted to pickleball courts, but O Hill bad not 15-353

informed Co -Owners about the new pickleball courts. Thus, on November 23, 2021, Co -Owners once again sent O Hill a letter asking (1) for an update on the status of a basic, straightforward written lease with Abdali, and (2) for an accounting of the tennis club's operations so they could understand how the 31 new pickleball courts at the club were impacting its membership and revenues. O Hill ignored Co -Owners' requests.

44. On or about December 8, 2021, Co -Owners learned that without their knowledge or consent, a liquor license application was being processed for the Tennis Property with the City, and that the applicant for the liquor license was Clubhouse ATP, LLCan entity Co -Owners had not heard of —and the application had been executed by O Hill on behalf of the Tennis Property ownership. Co -Owners are informed and believe, and thereon allege, that Exhibit E attached hereto is a copy of an application for a liquor license at the Tennis Property submitted by O Hill and Clubhouse ATP to the City on or about August 8, 2021.

45. Co -Owners also learned that Clubhouse ATP was, concurrent with its application with the City, also applying for a liquor license with the California Department of Alcoholic Beverage Control ("ABC"). Exhibit F attached hereto is a copy of an ABC website printout of December 9, 2021, showing Clubhouse ATP's pending application for a liquor license.

46. On December 10, 2021, Co -Owners sent O Hill a letter expressing surprise that Clubhouse ATP (an entity about which he had not informed them) and O Hill were seeking a liquor license for the Tennis Property. Co -Owners were concerned about, among other things, potential exposure and liability as property owners should alcohol be sold at the Tennis Property.

Co -Owners asked O Hill to halt the liquor license application until they could understand what protections against liability and exposure would be in place, including insurance, along with asking O Hill to provide them with copies of the submittals made to the City and ABC as part of the use permit and liquor license applications as well as any purported lease agreement made with Clubhouse ATP for the Tennis Property. O Hill ignored Co -Owners' requests.

47. On December 16, 2021, the City Zoning Administrator approved O Hill's and Clubhouse ATP's use permit application for a liquor license at the Tennis Property. In response to the Co -Owners' objections, including that O Hill did not have the authority to sign the use permit 15-354

application on behalf of the ownership, the Zoning Administrator informed Co -Owners that it viewed their objections as pertaining to matters between the Tennis Property's owners in which the City did not want to get involved. The City also told Co -Owners they should take whatever action they believed appropriate to stop O Hill from proceeding with the use permit application.

Co -Owners are informed and believe, and thereon allege, that as a condition for the Zoning Administrator agreeing to approve the use permit application, the City required O Hill to sign an agreement to indemnify and defend the City against any legal challenges to the use permit.

48. On January 3, 2022, Co -Owners filed an appeal of the Zoning Administrator's approval of the use permit for a liquor license, and informed the City of their intent to commence this arbitration seeking, among other things, a legal determination and declaration that O Hill did not, and does not, have the authority to sign and submit the use permit application for a liquor license on behalf of the Tennis Property ownership, and before he could do so he was required to get the Co -Owners' consent (which he did not have). Pursuant to Newport Beach Municipal Code (NBMC) section 20.64.030-B. La., a use permit approval by the City Zoning Administrator that is appealed has no force or effect as of the day the appeal is filed.

49. At the time of the submission of this Arbitration Demand to JAMS, Co -Owners' appeal of the Zoning Administrator's approval of the use permit had not yet been heard by the City's Planning Commission.

50. Because O Hill refused to respond to —let alone acknowledge —Co -Owners' requests for information about Clubhouse ATP, including their requests for copies of the submittals to the City and ABC for the use permit and liquor license O Hill and Clubhouse ATP were seeking along with any purported lease agreement with Clubhouse ATP, Co -Owners submitted a public records request to the City for documents relating to the use permit. In January 2022, the City produced responsive documents, including correspondence involving O Hill, that made it apparent that O Hill had purported to convey a leasehold interest in the tennis property to Clubhouse ATP, or he allowed Abdali to do so, without Co -Owners' knowledge or written consent as required under section 3 of the OIC Agreement. For example, the City produced the following:
(a) November 10, 2021, email from Patrick Rolfes of Clubhouse ATP to Liz 15-355

Westmoreland at the City regarding the use permit, stating: "We subleased the space on July 7, 2021 and we are hopeful we can get through this process so we can start doing business."
(b) November 18, 2021, email from Liz Westmoreland at the City to O Hill stating that if the City grants the use permit and the ABC issues the liquor license to Clubhouse ATP that "it will be on the applicant [i.e., Clubhouse ATP] to comply with his private agreements including lease terms, etc." O Hill responded on November 19, 2021, saying: "Understood."

51. Co -Owners are also informed and believe, and thereon allege, that as part of the application for a liquor license at the Tennis Property that a written agreement was submitted to the ABC purporting to show Clubhouse ATP had a right to tenancy at the Tennis Property. Again, any such agreement purporting to convey a leasehold interest to Clubhouse ATP was made without Co - Owners' knowledge or consent and in violation of their rights under the OIC Agreement.

3. In February 2022, Co -Owners Learned O Hill Was Allowing Alcohol to Be Sold at the Tennis Property Without a License

52. The Alcoholic Beverage Control Act requires an establishment to be licensed before it can sell alcohol and any person violating the statute is guilty of a misdemeanor. Cal. Bus. Prof.

Code §§ 23300, 23301.

53. In February 2022, Co -Owners were surprised to learn alcohol was being sold at the Tennis Property without a liquor license apparently at a restaurant called the Clubhouse Grill being operated by Clubhouse ATP. O Hill had failed to inform Co -Owners a restaurant was open and operating at the Tennis Property, let alone selling alcohol without a license. 15-356

54. Below are pictures of alcohol being sold at the Clubhouse Grill on February 8, 2022:
f
f
Picture of the cooler at Clubhouse Grill on Tuesday, February 8, 2022, stocked with beer, martini glasses, and beer taps.
4 r
Picture of Indian Pale Ale (IPA) draft
beer purchased on tap at Clubhouse
Grill on Tuesday, February 8, 2022.
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Thank you for your order. Below is a receipt for your recent visit to ClubHouse Grill_ trouble viewing this email'
Picture of receipt from
Clubhouse Grill showing
IPA draft beer purchased on
Tuesday, February 8, 2022,
for $7.00.

ClubHouse Grill
11 Clubhouse Drive
Newport Beach, CA 92660
Server:

Check
Gues ount='
Ord a red: 2JB/22 -
How was your visit?
1 IPA
$7.00

55. Below are pictures of alcohol being sold at the Clubhouse Grill on Sunday, February 13, 2022:
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k'-L mus
, TUBE
5 E A c

Thank you for your order_ Below is a receipt for your recent visit to Clu bHouse Gril I trouble viewing this email'
Picture of receipt from
Clubhouse Grill showing
Bloody Mary with Titos Vodka
purchased on Sunday, February
13, 2022, for $12.00.

J ClubHouse Gril I
11 Clubhou&e Drive
Newport Beach, CA 92660
SZer.

Check
Guest aunt'
Ordered: 2113122-
How Was your visit?
1 Tib= $17-00

56. Below are pictures of alcohol being sold at the Clubhouse Grill on Sunday, February 20, 2022:
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Picture of receipt from
Clubhouse Grill showing a
mixed drink with Titos Vodka
purchased on Sunday,
February 20, 2022 for $12.00.
•' Rio IJ ` w
4 NEWPORT OGACH
CTubHause Grill
11 Clubhouse Drive
Newport Beach, CA 928BO
Server; -
ck
Guest
Guest Count;
0rdefed:
1 Titas
2J2D122 -
$12.00
15061

57. On February 22, 2022, Co -Owners sent O Hill (as managing owner) a letter asking that he take whatever action necessary to cause anyone unlawfully selling alcohol at the Tennis Property —including Clubhouse ATP and Abdalito immediately cease and desist doing so. Co - Owners expressed to O Hill that in addition to exposing them to substantial financial liability by allowing alcohol to be sold at the Tennis Property, selling alcohol without a license was a crime.

58. On March 3, 2022, O Hill responded to Co -Owners' February 22, 2022, letter. He did not agree to stop the unlawful sale of alcohol at the Tennis Property nor deny it was taking place. Rather, O Hill somewhat bewilderingly stated that alcohol had been served at the Tennis Property "at tournaments and special events with a special catering permit for over 50 years" and that a "special permit" had been obtained by the Orange County Youth Sports Foundation for a January 29, 2022, event at the Tennis Property.

59. Co -Owners are informed and believe, and thereon allege, that even after O Hill received Co -Owners' February 22, 2022, cease and desist letter, alcohol continues to be sold at the Tennis Property without a liquor license and, thus, unlawfully.

4. In January 2022, O Hill Recommenced His Efforts to Interfere with Co - Owners' Exploration of a Tennis Property Redevelopment Opportunity

60. In the past, when Co -Owners have tried to explore redevelopment opportunities for the Tennis Property, O Hill has taken the position that his Master Plan is the only project that could get approved and any alternative opportunities were unworkable and not worth considering. O Hill's modus operandi is to hijack the process by not only refusing to cooperate in exploring redevelopment alternatives to his Master Plan but to block their fair consideration by attempting to manufacture community opposition to any such alternative project.

61. For example, in 2012 and unbeknownst to Co -Owners, O Hill hired the Chatten Brown law firm to file a lawsuit against the City in the name of the no -growth group "Friends of Good Planning", seeking to enjoin the City from processing the adjacent Golf Property tenant's plan to construct a new $40 million clubhouse because it was at odds with O Hill's Master Plan and despite the fact that the Golf Property lease plainly gave that right to the tenant. In March 2012, O Hill attended a City Council meeting and represented that he was in no way supporting or 15-362

sponsoring the Friends of Good Planning lawsuit. In March 2017, Chatten Brown sued O Hill personally for unpaid legal fees it had incurred at his direction for the Friends of Good Planning lawsuit in 2012. In June 2017, O Hill paid Chatten Brown $15,000 using Tennis Property ownership funds to settle that lawsuit — without informing Co -Owners.

62. In 2019, upon learning that Co -Owners were trying to obtain a redevelopment proposal for the Tennis Property from the ownership group operating the adjacent Golf Property, O Hill and Abdali (the tennis club operator) launched the website savethetennisclub.org seeking to spread misinformation about the potential redevelopment project and circulating a petition opposing it. Their website called out the Co -Owners' principals by name, Elliot Feuerstein and Iry Chase, claiming they "want to upend the General Plan approved by the voters of Newport Beach and eliminate the Tennis Club and the promised enhancements all together."

63. Thus, on January 5, 2021, when Co -Owners learned the City was updating its Housing Element to address the state mandate for more housing and was accepting proposals for projects that may help meet the housing need, and that Ryan Co. (an established developer) was interested in entering into a long-term ground lease for the Tennis Property and constructing a multifamily redevelopment project there that could pay the owners millions in rent each year, Co - Owners sent O Hill a letter asking that he have an open mind, and to not interfere, as they attempted to meaningfully explore a lease proposal with Ryan Co.

64. On January 19, 2021, Co -Owners sent O Hill a copy of a letter they informed him they intended to send to the City letting it know they were in discussion with a few developers interested in redeveloping the Tennis Property and these projects would seem to be good candidates for participation in the City's Housing Element Update, and Co -Owners hoped to share details about the projects with the City soon and to start exploratory discussions. O Hill did not object to Co -Owners sending their letter to the City.

65. On December 6, 2021, Co -Owners sent O Hill a letter letting him know they had negotiated and were in the process of drafting a proposed lease with Ryan Co. and expected to be able to share that lease with him for discussion within 30-60 days. Co -Owners also restated their request to O Hill that he not interfere with their efforts to secure a lease proposal from Ryan Co. 15-363

66. On or about January 13, 2022, Co -Owners learned that a petition was being circulated at the tennis club and to its members to drum -up opposition to a Ryan Co. project at the Tennis Property. Co -Owners are informed and believe, and thereon allege, that petition was generated by the current tennis club operator Abdali and O Hill, or at least with O Hill's knowledge.

Exhibit G attached hereto is a copy of the Petition to Stop the Massive Development Proposed to Replace the Tennis Club at Newport Beach.

67. Co -Owners also learned of a new website—savethetennisclub.com/tennis-club/­ further seeking to solicit opposition to Ryan Co. which Co -Owners are informed and believe, and thereon allege, was generated by Abdali and O Hill, or with O Hill's knowledge. Exhibit H attached hereto is a copy of the savethetennisclub.com/tennis-club/ webpage. This is the same type of interference O Hill and Abdali engaged in 2019 when they created the website savethetenniclub.org upon learning of Co -Owners' efforts to solicit a proposal for a long-term ground lease for the Tennis Property from the operators of the adjacent Golf Property.

68. On January 21, 2022, Co -Owners sent O Hill a letter stating that the petition being circulated at the tennis club and the savethetennisclub.com website opposing Co -Owners' efforts regarding Ryan Co., which at that point merely consisted of obtaining a proposal, were acts of interference that needed to stop, and if it was shown that O Hill was involved as Co -Owners suspected that his conduct constituted a breach of his fiduciary duties and raised questions about his suitability to act as managing owner. Co -Owners asked that O Hill stop his efforts to incite opposition to a potential Ryan Co. project and that he instruct Abdali in writing to do the same.

69. On January 28, 2022, O Hill responded claiming to have no knowledge of the savethetennisclub.com website, but also saying he would not instruct Abdali to stop with his efforts to drum -up opposition to a potential Ryan Co. project, while taking an "I told you so" position and saying he was not surprised activists were mobilizing to oppose the project — at the same time conceding he had discussed the Ryan Co. project with those activists. O Hill's behavior once more shows the lengths he will go to prevent any consideration of alternatives to his Master Plan. 15-364

IV. CO -OWNERS' ARBITRATION CLAIMS AGAINST O HILL

FIRST CLAIM FOR RELIEF
(Declaratory and Injunctive Relief)

70. Co -Owners incorporate by reference as though set forth in full, each and all the allegations set forth in Paragraphs 1 through 69, above.

71. Despite Co -Owners' November 23, 2021, December 6, 2021, and January 21, 2022, letters asking O Hill to confirm in writing he had stopped processing his New 2021 Entitlements, and Co -Owners' December 10, 2021, letter to O Hill asking that he stop processing the use permit for a liquor license at the Tennis Property, O Hill has failed to acknowledge the requests in Co - Owners' letters and continues to process such applications. As such, Co -Owners bring this arbitration to seek a legal determination and declaration that O Hill does not, and did not, have the authority to process his New 2021 Entitlements or the use permit for a liquor license.

72. An actual controversy has arisen and now exists between Co -Owners and O Hill concerning their respective rights and obligations under the OIC Agreement. Co -Owners contend that in November 2018 O Hill finished processing his few remaining 2012 Discretionary Entitlements, and, thus, any right he had to process his Discretionary Entitlements ran its course and O Hill cannot continue to spend ownership money further entitling his already fully entitled Master Plan — especially since he cannot compel Co -Owners to consent to his Master Plan as Justice King determined, and that he was required to disclose any new entitlements or development plan to Co -Owners (and to continue to provide them with meaningful information regarding the same) and to obtain their consent before he could spend ownership funds and process his New 2021 Entitlements and the use permit for a liquor license at the Tennis Property, and that he does not have the Co -Owners' consent to seek them.

73. An additional actual controversy has arisen and now exists between Co -Owners and O Hill under the OIC Agreement, in that Co -Owners are informed and believe, and thereon allege, that O Hill is purporting to convey a leasehold interest in the Tennis Property, or is allowing Abdali to do so with O Hill's knowledge, including to Clubhouse ATP, without Co - Owners' knowledge or written consent as required under section 3 of the OIC Agreement. 15-365

74. Further, after Co -Owners sent O Hill their February 22, 2022 cease and desist letter to stop the unlawful sale of alcohol at the Tennis Property, Co -Owners are informed and believe, and thereon allege, that alcohol continues to be sold at the Tennis Property without a liquor license. Thus, an additional actual controversy has arisen and now exists between Co - Owners and O Hill, and Co -Owners also seek a legal determination and declaration that O Hill must take any and all action necessary to cause anyone unlawfully selling alcohol at the Tennis Property to immediately cease and desist doing so.

75. Because of the urgency and importance of the issues presented by the parties' dispute, it is necessary and appropriate for the Arbitrator to resolve this dispute by issuing a declaration determining the respective rights and obligations of the parties with respect to the OIC Agreement.

76. Co -Owners have no adequate remedy at law and will suffer irreparable damage unless O Hill is enjoined from further taking the action identified herein. Co -Owners therefore seek a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and agents, representatives, successors and assigns, from taking any further action in connection with the conduct identified herein.

SECOND CLAIM FOR RELIEF
(Breach of the OIC Agreement)

77. Co -Owners incorporate by reference as though set forth in full, each and all the allegations set forth in Paragraphs 1 through 76, above.

78. Recital C of the OIC Agreement states that O Hill's limited purpose as managing owner concerns accounting and administration duties, and section 7—specifying O Hill's limited authority under the OIC Agreement as managing owner —does not authorize O Hill to process entitlements for the Tennis Property. O Hill breached the OIC Agreement by processing, and spending ownership funds processing, his New 2021 Entitlements and the use permit for the liquor license without Co -Owners' knowledge or consent. Co -Owners learned about O Hill processing his New Entitlements and use permit with the City in November and December 2021, and despite Co -Owners' express written objections, and in breach of the OIC Agreement, O Hill 15-366

has persisted in processing them.

79. Section 3 of the OIC Agreement states that any conveyance of a leasehold interest in the Tennis Property must be in a writing signed by all the owners. Id. § 3. Co -Owners are also informed and believe, and thereon allege, that, in breach of section 3 of the OIC Agreement, O Hill has purported to convey a leasehold interest in the Tennis Property without Co -Owners' knowledge or consent, including to Clubhouse ATP.

80. Section 7 of the OIC Agreement sets forth the duties of the managing owner, and section 7(e) provides that the managing owner is paid "an asset management fee" for performing those duties. Co -Owners are informed and believe, and thereon allege, that O Hill breached section 7 of the OIC Agreement by allowing alcohol to be sold at the Tennis Property without a liquor license and, thus, unlawfully and/or is being grossly negligent in performing his duties as managing owner by not preventing the unlawful sale of alcohol there.

81. Co -Owners have performed their obligations under the OIC Agreement except those which they have been excused or prevented from performing.

82. As a direct and proximate result of O Hill's breaches of the OIC Agreement, Co - Owners have suffered, and will continue to suffer, direct and foreseeable damages, including but not limited to, O Hill's improper and unauthorized expenditure of material sums of ownership money, in an amount to be determined at the arbitration hearing.

THIRD CLAIM FOR RELIEF
(Breach of Implied Covenant of Good Faith and Fair Dealing)

83. Co -Owners incorporate by reference as though set forth in full, each and all the allegations set forth in Paragraphs 1 through 82, above.

84. The OIC Agreement is subject to an implied covenant of good faith and fair dealing that all parties would act in good faith and with reasonable efforts to perform their contractual duties —both explicit and fairly implied —and not to impair the rights of other parties to receive the rights, benefits, and reasonable expectations under the Agreement.

85. O Hill breached the implied covenant of good faith and fair dealing by:
(a) processing his New 2021 Entitlements and use permit with the City and 15-367

spending ownership funds doing so without Co -Owners' consent; (b) purporting to convey a leasehold interest in the Tennis Property —or allowing Abdali to do so with his knowledge, including to Clubhouse ATPwithout Co -Owners' consent;
(c) interfering with Co -Owners' efforts to obtain a lease proposal from Ryan Co.; and
(d) allowing alcohol to be sold at the Tennis Property without a liquor license.

86. Co -Owners have performed their obligations under the OIC Agreement except those which they have been excused or prevented from performing.

87. O Hill's failure to act in good faith has denied Co -Owners the full benefit of their bargain under the OIC Agreement.

88. As a result of O Hill's breach of the covenant of good faith and fair dealing, Co - Owners have suffered, and will continue to suffer, direct and foreseeable damages, in an amount to be determined at the arbitration hearing.

FOURTH CLAIM FOR RELIEF
(Accounting)

89. Co -Owners incorporate by reference as though set forth in full, each and all the allegations set forth in Paragraphs 1 through 88, above.

90. Co -Owners are unaware of the exact amount of ownership funds spent by O Hill on his New 2021 Entitlements or the use permit for a liquor license at the Tennis Property. The information necessary to ascertain those amounts is strictly within O Hill's control. Accordingly, Co -Owners seeks a forensic accounting of those amounts.

91. Co -Owners are unaware of the financial impact the new pickleball courts (see paragraph 41 above) have had on the tennis club's operation, and whether Clubhouse ATP or any other purported tenant is paying to, or sharing with, O Hill any income being generated by or at the tennis club other than the monthly rent O Hill reflects on the distribution summaries he provides to Co -Owners. The information necessary to ascertain those amounts is strictly within O Hill's control. Accordingly, Co -Owners seek a forensic accounting of those amounts and the 15-368

tennis club's operations.

FIFTH CLAIM FOR RELIEF
(Declaratory Relief)

92. Co -Owners incorporate by reference as though set forth in full, each and all the allegations set forth in Paragraphs 1 through 91, above.

93. Section 7(b) of the OIC Agreement provides that the owners of a majority of ownership interests in the Tennis Property not owned by the managing owner may elect to remove the managing owner for "cause" and appoint a new managing owner. Section 7(b) defines "cause" as "fraud, gross negligence or material default of a material obligation by Managing Owner."

94. An actual controversy has arisen and now exists between Co -Owners and O Hill concerning their respective rights and obligations under the OIC Agreement. Co -Owners are informed and believe, and based thereon allege, that cause exists, including based on O Hill's conduct alleged herein, to remove him as managing owner under the OIC Agreement.

95. Co -Owners have no adequate remedy at law and will suffer irreparable damage unless O Hill is enjoined from taking any further action purportedly on the basis that he is the managing owner. Co -Owners therefore seek a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and his agents, representatives, successors and assigns, from taking any further action as the managing owner (including prohibiting him from spending Tennis Property funds, submitting entitlement applications purportedly on behalf of the Tennis Property owners, or purporting to convey a leasehold interest in the Tennis Property), and that O Hill and any other person or entity (including NBCC Land or NBCC L&I) with possession, custody or control of property of, or records relating to, the Tennis Property (including any bank account(s) and/or books and records), shall by personal service or otherwise fully cooperate with and assist the succeeding managing owner in taking and maintaining possession, custody, or control of such property and records and immediately transfer or deliver them to the succeeding managing owner.
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WHEREFORE, Co -Owners pray for an Arbitrator's Award on their claims as follows:

ON THE FIRST CLAIM FOR DECLARATORY AND INJUNCTIVE RELIEF

1. For a determination and declaration that O Hill was required to disclose to and obtain Co -Owners' consent before he could spend ownership funds on and process his New 2021 Entitlements and the use permit for a liquor license, and that he does not have the Co -Owners' consent to seek his New 2021 Entitlements or the use permit for a liquor license and he must halt their processing and withdraw them from the City.

2. For a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and his agents, representatives, successors and assigns, from taking any further action processing his New 2021 Entitlements or the use permit for a liquor license, or spending ownership funds thereon, without first obtaining the consent of one or more of the Co -Owners.

3. For a determination and declaration that, under section 3 of the OIC Agreement, O Hill was required to disclose to Co -Owners and obtain their written consent prior to purporting to convey a leasehold interest in the Tennis Property, including to Clubhouse ATP.

4. For a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and his agents, representatives, successors and assigns, from taking any further action purporting to convey a leasehold interest in the Tennis Property, including to Clubhouse ATP.

5. For a determination and declaration that O Hill must take any and all action necessary to cause anyone unlawfully selling alcohol at the Tennis Property to immediately cease and desist doing so.

6. For a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and his agents, representatives, successors and assigns, and any alleged tenant or licensee to whom O Hill has purported to convey a tenancy or other right to occupy or operate at the Tennis Property, from engaging in the unlawful sale of alcohol at the Tennis Property without a liquor license.
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ON THE SECOND AND THIRD CLAIMS FOR BREACH OF CONTRACT AND

BREACH OF THE IMPLIED COVENANT

7. For damages in an amount to be proven at trial.

ON THE FOURTH CLAIM FOR AN ACCOUNTING

8. For a forensic accounting (1) of the exact amount of ownership funds spent by O Hill on the 2021 Project, 2021 New Entitlements and the use permit for a liquor license at the Tennis Property, and (2) of the tennis club's operations and revenues.

ON THE FIFTH CLAIM FOR DECLARATORY RELIEF

9. For a determination and declaration that cause exists under the OIC Agreement to remove O Hill as managing owner.

10. For a temporary restraining order, preliminary injunction and permanent injunction restraining O Hill, and his agents, representatives, successors and assigns, from taking any further action purportedly on the basis as managing owner (including prohibiting him from spending Tennis Property funds, submitting entitlement applications purportedly on behalf of the Tennis Property owners, or purporting to convey a leasehold interest in the Tennis Property), and that O Hill and any other person or entity (including NBCC Land or NBCC L&I) with possession, custody or control of property of, or records relating to, the Tennis Property (including any bank account(s) and/or books and records), shall by personal service or otherwise fully cooperate with and assist the succeeding managing owner in taking and maintaining possession, custody, or control of such property and records and immediately transfer or deliver them to the succeeding managing owner.

ON ALL CLAIMS:

11. For attorneys' fees incurred in this action pursuant to section 27 of the OIC Agreement.

12. For costs of suit and out-of-pocket expenses.

13. For such other relief as the Arbitrator deems just and proper. 15-371

Dated: March 25, 2022 MICHAEL YODER

O'MELVENY & MYERS LLP
JACQB C. GONZALES
1c9 I law
By:
acob 4on es
Attorneys for Co -Os Claimants
Mesa Shopping Center -East LLC,
Mira Mesa Shopping Center -West LLC, and
Fainbarg III LP
15-372

Exhibit A
15-373

RECORDlNQ REQUESTED BY AND
WHEN RECORDED RETURN TO:

O Hill Properties
One Upper Newport Plaza
Newport Beach, CA 92660
sU

AGREEMENT BETWEEN REAL PROPERTY OWNERS

BALBOA BAY CLUB RACQUET CLUB
Newport Beach, California
This Agreement Between Real Property Owners ("Agreement") is entered into by and between O Hill Properties, a California limited partnership ("O Hill"), The Fainbarg Trust dated April 19, 1982 ("TFC"), Mesa Shopping Center -East, a California general partnership (Mesa -East), Mira Mesa Shopping Center -West, a California general partnership ("Mira Mesa - West"), and Newport Beach Country Club, a California limited partnership ("NBCC Ltd").

O Trill, TFT, Mesa -Fast, Mira Mesa -West, and NBCC Ltd are sometimes referred to singularly as an "Owner" or "party" or collectively as the "Owners" or "parties".

RECITALS
A. The Owners desire to own, lease, manage, maintain, refinance, encumber and hold for investment, as tenants in common, that certain real property comprising approximately 6.099 acres with improvements thereon, commonly identified as Balboa Bay Club Racquet Club located at 1602 East Pacific Coast Highway, in Newport Beach, California and legally described in Exhibit "A" attached (the "Property").

B. The Owners have discussed the co -ownership of the Property and have concluded that to avoid conveyancing and ownership problems created by death, marital or other dissolution, bankruptcy or insolvency, disputes and the like, it is in the best interest of each Owner that the holding of the Property be governed by an agreement which defines the rights and duties of each Owner in the form of this Agreement.

C. The Owners also believe it necessary and appropriate to have one Owner be the managing Owner for purposes of accounting and administration. 6110193
15-374

NOW, THEREFORE, in consideration of the foregoing Recitals and the conditions and covenants hereinafter contained, the Owners hereby agree as follows:

1. AGREIIIdENT AS TENANTS IN COMMON. The Owners agree to hold title to the Property as tenants in common to own, manage, maintain, lease, finance, refinance, and/or hold the Property for investment in accordance with the terms of this Agreement. The Owners may conduct such other activities with respect to the Property as are related to or compatible with the ownership of real estate. Subject to the provisions of this Agreement, each Owner retains the right to deal with his Interest in the Property (as defined in Section 3 below) as such Owner sees fit.

2. TERM. This Agreement shall become effective on the acquisition of the Property by the Owners, and shall continue thereafter until terminated pursuant to Section 13 below.

3. TITLE TO THE PROPERTY; CONVEYANCES AND LIENS. Concurrently with the recordation hereof, title to the Property shall be acquired by, and in the name of, the Owners as their interests appear in Exhibit "B" attached (each an "Interest") and shall thereafter be held in the name of the Owners as tenants in common. The Owners acknowledge and agree that the Property, or any interest therein, including any leasehold interest, any deed of trust granted or other encumbrances or liens placed thereon, may be granted, conveyed or so encumbered by the execution of the applicable instrument by each Owner, or if an Owner is obligated to convey, lease or encumber its interest in accordance with the terms of Section 4 of this Agreement and fails to do so within the time limits set forth herein, by the Managing Owner and the Additional Owner (both as defined in Section 7 below) in accordance with the powers of attorney granted to the Managing Owner and the Additional Owner as described in Section 7(c) below. Such conveyance or encumbrance by the.Managing Owner and the Additional Owner under such powers of attorney shall be binding upon each Owner.

4. FINANCING, REFINANCINGS, SALE AND LEASING.
(a) The Owners acknowledge that concurrently with the acquisition of the Property, the Owners shall place financing on the Property which may have a balloon payment at the due date thereof (the "Acquisition Financing"). Each Owner acknowledges that there will be refinancings of the Acquisition Financing from time to time. The Managing Owner shall have the right to obtain such refinancing for the Property on then market rates and terms.

Each Owner shall have a duty to fully cooperate and not interfere or impede, in any manner, -2-
15-375

in such refinancings including but not limited to signing appropriate documentation (e.g. notes, deeds of trust, assignments of rents and leases, guarantees and the like) within ten (10) days after being requested to do so by Managing Owner. Each Owner shall be responsible for its respective share, as determined by its pro rats ownership Interest in the Property, of the payments of principal and interest and other costs owing under the Acquisition Financing and refinancings . The Acquisition Pinanci ng and refinancings, however, may be a joint and several obligation of the Owners. Refinancing shall only be permitted within two (2) years of the due date of the financing which then encumbers the Property and the amount shall not materially exceed the remaining principal balance of the then existing loan balance plus refinancing related costs, unless the new loan is non -recourse to the Owners and is approved by sixty-five percent (65 %) or more of the ownership Interests in the Property. (b) The Managing Owner shall list the property for sale and convey or otherwise transfer the Property if such transaction is approved by seventy percent (70%) or more of the ownership Interests in the Property. Each Owner shall have a duty to fully cooperate and not interfere or impede in any manner with such sale approved by seventy percent (70%) or more of the ownership Interests in the Property, including but not limited to the signing of a grant deed, sale agreements, assignment of leases and escrow instructions within ten (10) days after being requested to do so by Managing Owner. Any Owner who desires an exchange of its equity in the Property under Section 1031 of the Internal Revenue Code shall have the right to arrange for such exchange of its undivided ownership Interest, provided that under no circumstances shall the inability of any Owner to consummate such an exchange delay the sale of the Property. The other Owners, at no cost or expense shall cooperate in such exchange, however, no Owner shall be required to take title to an exchange or other property as a part of such duty to cooperate.
(c) Managing Owner may amend, terminate or extend the ground lease of the Property only with the prior written consent of the Owners of a majority of the ownership Interests in the Property. Each Owner shall execute, any such amendment, termination or extension approved by a majority of the ownership Interests in the Property within ten (10) days after being requested to do so by Managing Owner.
(d) Any Owner who has a duty to execute any refinancing, sale or lease documentation and fails or refuses to do so shall be liable for all costs, liabilities, damages, claims and expenses including attorney's fees and legal costs which results to the other Owners from such failure or refusal.

5. LIMPPATION OF OWNERS. Each Owner shall be subject to the following limitations:
-3-
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(a) Each Owner hereby irrevocably waives any and all rights that such Owner may have to withdraw from the terms of this Agreement, maintain an action for the partition of the Property (unless Owners of 65 % or more of the Interests in the Property join or consent to such action), or otherwise force a sale of the Property during the term hereof, except as expressly provided herein.
(b) No Owner shall be entitled to interest on such Owner's contribution toward the purchase of the Property. No Owner shall have the right to withdraw or reduce such Owner's contribution toward the purchase of the Property. No Owner shall have the right to demand property other than cash in return for such Owner's contribution toward the purchase of the Property. No Owner shall have priority over any other Owner either as to the return of contributions toward the purchase of the. Property or as to other distributions.

6. CASH CALLS. Each Owner shall pay (1) such Owner's share of losses and negative cash flow necessary to cover the costs of owning the Property in proportion to such Owner's respective Interest in the Property and (ii) any involuntary lien which encumbers an Owner's Interest (such as a tax, judgment or execution Tien or an attachment) (a "Cash Call").

If an Owner fails to pay its Cash Calll within twenty (20) days from the date set for such payment in a written notice that such amount must be paid from the Managing Owner (or any other Owner if the Managing Owner fails to send out a written notice when such Cash Call is necessary), such failure shall automatically constitute a granting by such Owner (a "Defaulting Owner") to the other Owners of the following alternative options in addition to all other remedies available at law: (i) the other Owners may advance the Defaulting Owner's required Cash Call, in the proportions agreed upon by such other Owners, and absent such an agreement, in the proportion which the Interest of an Owner desiring to make such advance bears to the Interests of all Owners desiring to make such advance, and the Defaulting Owner shall convey (or if necessary, the Managing Owner and any Additional Owner under the powers of attorney granted in Section 7(c) below shall convey) by grant deed a portion of Defaulting Owner's Interest in the Property in the proportion in which such advance bears to the Defaulting Owner's equity in the Property (the "Transferred Portion"). The determination of equity in the Property shall be based upon a ten percent (10%) capitalization rate of the preceding twelve (12) months net operating income, less the Defaulting Owner's prorata share of liens entered into by, or which encumber the Interests of, all of the Owners (the "Collective Liens") and outstanding or reasonably projected extraordinary expenses for the next one (1) year period. The Defaulting Owner shall remove liens from the title to the Transferred Portion so that the Transferred Portion conveyed to the Owners making such advance shall be free and clear of liens (except the Collective Liens), If the Defaulting Owner is unable to -4-
15-377

deliver free and clear title to the Transferred Portion, the other Owners may purchase, at the same price paid for the Transferred Portion so much of the Interest of the Defaulting Owner (the "Additional Portion") so that enough cash is generated to allow for the delivery of the Transferred Portion and the Additional Portion by the Defaulting Owner to the other Owners free and clear. If the Property is not subject to a long term ground lease or long term ground leases (of if any such leases are then in default beyond any curative period), the equity in the Property of the Defaulting Owner shall be 90% of the appraised value of the entire Property subject to all non monetary encumbrances thereof, based upon the highest and best use reasonably available for the Property, as determined by an independent MAI appraiser selected by a majority of the ownership Interests owned by the Non Defaulting Owners (the cost of which appraisal shall be charged to the Defaulting Owner) times the percentage Interest of the Defaulting Owner in the Property, and the Defaulting Owner's prorata share of the Collective Liens shall be subtracted therefrom; (ii) the other Owners may admit an additional owner upon the terms and conditions of this Agreement, which additional owner shall advance the Defaulting Owner's required Cash Call and receive a portion of the Defaulting Owner's Interest in the Property on. the same basis as preceding subparagraph (i); (iii) the Managing Owner may borrow in the name of or on behalf of the Defaulting Owner the amount of the Cash Call and pledge or otherwise encumber the Interest in the Property of the Defaulting Owner to secure the loan, or (iv) the other Owners may advance to the Defaulting Owner the amount of such unpaid Cash Call owing by Defaulting Owner in which case a Promissory Note shall be executed by Defaulting Owner in'favor of the other Owners who have advanced the Cash Call of the Defaulting Owner, a copy of which Promissory Note is attached as Exhibit "C" hereto and incorporated herein by this reference ("Promissory Note"). At the. election of the Owners who make an advance to the Defaulting Owner, the Promissory Note shall be secured by a deed of trust upon the Defaulting Owner's entire interest in the Property, and the Defaulting Owner shall execute all documents reasonably necessary to effectuate such encumbrance.

If an expense, loss or damages are incurred by the Owners as the result of a Defaulting Owner not making a Cash Call on or before the date set for the Cash Call in the written notice sent out by the Managing Owner (or the other Owners, as applicable), the Defaulting Owner shall immediately pay such expense or loss in addition to any other damages caused by such failure.

7. MANAGING OWNER.
(a) The Owners hereby appoint 0 Hill and its successors and assigns as Managing Owner. The duties of Managing Owner shall be as follows:
(i) Managing Owner shall perform all of the duties of Managing Owner -5-
15-378

as set forth in this Agreement.
(H) Managing Owner is authorized to take actions which are consistent with the terms of this Agreement, to carry out this Agreement including but not limited to the right to hire andlor retain on behalf of the Owners accountants, lawyers, appraisers, mortgage brokers, insurance agents and consultants which Managing Owner deems appropriate in its reasonable discretion,.
(iii) Managing Owner shall approve and coordinate the payment of the expenses of the ownership of the Property,
(iv) Managing Owner shall maintain the books and records of the Owners at the principal business office of Managing Owner. (v) Managing Owner shall have a fiduciary duty to prepare a written status and financial report for the Property and provide copies to each Owner within ninety (90) days after request from another Owner, and within seventy-five (75) days after the end of each calendar year.
(b) The Owners of a majority of the ownership Interests in the Property shall have the right to select a new Managing Owner in place of O Hill, its successors and assigns if Robert O Hill is no longer the person primarily responsible for the overall management of the entity which constitutes the Managing Owner. In the event a Managing Owner sells its entire interest in the Property or resigns as Managing Owner, the Owners by election of the Owners who own a majority of the Interests in the Property shall appoint a new Managing Owner. At any time, Managing Owner may be removed with cause by the written election of the Owners of a majority of the ownership Interests in the Property not owned by the Managing Owner, and a new Managing Owner shall be appointed by the Owners who own a majority of the ownership Interests in the Property. The votes cast by the Managing Owner in favor of a new Managing Owner may not be cast for the removed Managing Owner or any transferee of the removed Managing Owner's interests, If the removed Managing Owner does not vote to appoint a new Managing Owner within ten (10) days of being requested to do so by the other Owners, then the new Managing Owner shall be appointed by Owners of a majority of the ownership Interests in the Property not owned by Managing Owner. Such resignation or removal, and the new appointment shall be recorded in the office of the Orange County Recorder. In the event there is no Managing Owner, all actions of the Owners with respect to the Property shall require the unanimous written consent of the Owners, "Cause" as used herein shall mean fraud, gross negligence or a material default of a material obligation by Managing Owner. The reasons for removal of a Managing Owner shall be material and specifically stated in the written notice of removat.
(c) Managing Owner is hereby appointed as attorney in fact for each Owner for the purpose of taking all actions which are approved in writing by the requisite percentage -6-
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of ownership Interests in the Property or which the Managing Owner is otherwise allowed or authorized to take hereunder, including execution of deeds, deeds of trusts, notes, assignment of leases, assignments of rents and leases, guarantees, lease amendments, extensions or terminations, all in the name, place and stead and on behalf of each Owner with the same validity and effect as if such Owner had executed same. Each Owner specifically agrees to be bound by all actions validly taken under such power of attorney. This power of attorney is coupled with an interest and is irrevocable. Each Owner also hereby appoints each other Owner as attorney in fact for such Owner for purposes of acting as an additional signatory to any action undertaken by Managing Owner pursuant to the provisions of Section 4 hereof, and of the power of attorney granted Managing Owner herein (each, an "Additional Owner"). (d) Except for the protection of the Property or in the case of an emergency, no material sums shall be expended for capital improvements without the prior written consent of Owners who hold a majority of the Interests in the Property. (e) As compensation for the duties of Managing Owner under this Agreement, Managing Owner shall be reimbursed reasonable out of pocket costs incurred and paid to unaffiliated third parties and shall receive an asset management fee which shall be equal to one-half percent ('!z %) of the gross receipts from the operations of the Property, payable monthly. Managing Owner may deduct such amounts due Managing Owner or third parties from revenue received from the.Property, but shall identify amounts charged to the Owners, on at least a quarterly basis.
(f) The Managing Owner shall not have the right to retain counsel at the Owner's expense for a dispute between the Owners, unless the dispute results from a breach or default under the terms of this Agreement by an Owner or the Owners, other than the Managing Owner.

8. DISTRIBUTIONS. Distributions of cash to the Owners shall be made as follows:
(a) Cash from operations shall be distributed to the Owners in accordance with their respective Interests in the Property on a monthly basis; provided, however, that the Managing Owner shall be entitled to maintain reasonable reserves for any future anticipated expenditures related to the ownership of the Property.
(b) Refinancing proceeds shall be distributed to the Owners in accordance with their respective Interests in the Property; provided, however, the Managing Owner shall be entitled to retain on behalf of the Owners the following refinancing proceeds: (i) such portion of the refinancing proceeds as the Owners of a majority of the Interests in the Property deem necessary for capital improvements to the Property, and (ii) such portion of the refinancing proceeds as may be necessary to establish reasonable reserves for anticipated future -7-
15-380

expenditures of the Owners.
(c) Net proceeds from the sale of the Property shall be distributed to the Owners in accordance with their respective interests in the Property. Net proceeds from the sale of the Property shall be defined as the gross proceeds from the sale of the Property, less (i) all costs associated with such sale, (ii) payment of any encumbrance against the Property (unless assumed by the buyer with seller released from liability thereon), (iii) payment of any other expenses related to ownership of the Property, and (iv) reasonable reserves for the payment of any future expenses related to the Property anticipated by the Managing Owner, during the one (1) year following the sale of the Property. The Managing Owner shall account for and distribute such reserve to the Owners within one (1) year following the sale of the Property, except to the extent that such reserve is still required to be maintained for a specific, then readily identifiable reasonably anticipated future expense. in the event the Managing Owner retains such reserves for a period in excess of 12 months for such specific purpose, such reserve shall be accounted for and distributed as soon as reasonably possible following satisfaction or elimination of the obligation for which the reserve was created. (d) Notwithstanding Section 8(a), Section 8(b) and Section 8(c) to the contrary, (i) cash that would otherwise be distributed to an Owner shall instead be distributed to the other Owners to the extent provided in the Promissory Note, or to otherwise discharge all obligations of a Defaulting Owner under Section b above and (ii) the reserves retained under Section 8(a), Section 8(b) and Section 8(c) above shall not exceed $100,000 in the aggregate, without the prior written consent of the Owners of a majority of the Interests in the Property,

9. BOOKS AND RECORDS. Such books of account and records as are maintained by or for the Property shall be kept at the principal business office of the Managing Owner and be open to inspection by any Owner or accredited representative of any Owner, at a reasonable time upon reasonable advance notice. 'Each Owner shall have the right to make a separate audit of such books and records of the Property at such Owner's own expense; provided, however, if the audit is requested by Owners of at least fifty percent (50%) of the Interests in the Property, the audit shall be at the expense of all of the Owners.

10. CONTINUATION. The bankruptcy, foreclosure, tax lien, attachment or execution of judgment or other involuntary lien, insanity, disability, distribution, death or dissolution of or against an Owner shall not terminate the effects of this Agreement. Upon such an occurrence, the Interest in the Property of such Owner shall become vested in the guardian, administrator, executor, tnistee, other legal representative or person or entity - entitled to the Interest in the Property of such Owner, who shall acquire all of the rights and -8-
15-381

obligations provided in this Agreement and shall be subject to and bound by all of the terms and conditions of this Agreement; provided, however, in the case of involuntary liens, attachments, judgments or executions that such legal representative or person or entity shall be entitled only to receive distributions on account of such Interest in the Property as provided for in Section 8 above and shall have no management or other decision malting authority.

11. INCOME TAR CONSEQUENCES. Each.Owner acknowledges that the tax consequences of an investment in the Property is a matter upon which such Owner's own personal tax adviser must conclude. Each Owner shall bear the income tax consequences of such,Owner's interest in the Property, which may be different than (i) such Owner's pro rata share of the purchase price of the Property as a result of the effects of a.carryover basis in the Property, or (ii) such Owner's actual share of the cash distributions from the Property.

12. . TENANCY IN COMMON - NOT A PARTNERSHIP. Each Owner agrees that the Ownership of the Property is a tenancy in common and not a partnership. Each Owner agrees to remain excluded from all of the provisions of Subchapter K of Chapter 1 of the Internal Revenue Code of 1986, as amended. Each Owner hereby covenants and agrees that each Owner shall report on such Owner's respective Federal and State income tax return, such Owner's respective share of items of income, deduction and credit which results from holding of its Interest in the Property, in a manner consistent with a tenancy in common commencing with the taxable year of the acquisition of the Property. No Owner shall notify the Commissioner of Internal Revenue (the "Commissioner") that such Owner desires that the Owners be treated as a partnership and that Subchapter K of the Code applies. Each Owner hereby agrees to indemnify and hold each other Owner free and harmless from all cost, liability, tax consequence and expense, including attorneys fees, which results from any Owner so notifying the Commissioner.

13. TERMINATION.

This Agreement shall be immediately terminated upon the happening of any of the following events:
(a) The sale or other disposition of all of the Property. (b) The unanimous decision of the Owners that this Agreement be terminated, in which event the Owners shall hold the Property as tenants in common and shall be governed by the laws of the State of California.
(c) The purchase by one Owner of all the Interests of the other Owners in the Property.

I Us
15-382

14. ONION TO PURCHASE.
(a) If an Owner desires to seR its Interest in the Property or a portion of its Interest in the Property, O Hill and its successors, as consideration for its role in the acquisition of the Property, shall have a first right to purchase all or a portion of such Interest in the Property. A selling Owner shall notify O Dill in writing of the portion of the Interest selling Owner desires to sell and selling Owner's desired price for such Interest. O Hill shall have thirty (30) days from the date it receives proper written notice to notify selling Owner that it will purchase all or a specific portion of the Interest being offered for sale by selling Owner. 0 Hill and selling Owner shall meet and try to agree on a purchase price. If, after thirty (30) days, O Hill and selling Owner are unable to agree on a purchase price then, at their expense, each will retain an MAI appraiser to appraise the entire Property without discount for partial ownership subject to all non monetary encumbrances thereof, including but not limited to any ground lease of the Property, based upon the highest and best use reasonably available for the Property. Such appraisals shall be completed within sixty (60) days and exchanged between the parties. If the values of the two MAI appraisals are within five percent (5 %) of each other, using the larger number as the denominator, the appraised value of the entire Property shall be an average of the two appraisals, less three percent (3 %). If the two MAI appraisals are not within five percent (5 %) of each other then the two (2) designated appraisers shall agree upon and retain a third appraiser who will be given the completed appraisals and all appropriate back-up valuing information and such third appraiser shall first attempt to mediate a compromise value between the three (3) appraisers. If the compromise value cannot be reached between the three (3) appraisers within thirty (30) days then the third appraiser shall reach a conclusion as to value (which shall be not less than the lower of the two (2) appraisals, and no greater than the higher of the two appraisals) and the two closest conclusions as to value shall be averaged and the average, less three percent (3%) shall be deemed the appraised value of the entire Property. The purchase price shall be such appraised value times the ownership Interest percentage being sold, less the selling Owner's prorata share of any Collective Liens. The purchase shall be completed on or before one hundred and twenty (120) days after the purchase price is finally determined. The Interest being sold shall be delivered free and clear of all liens (except the Collective Liens). Any Interest of the selling Owner not purchased by O Hill may be purchased on the same basis by the other Owners. Such other Owners shall elect to purchase such interest within ten (10) days after being advised in writing of the amount of the above determined purchase price. If the other Owners elect to purchase in the aggregate more than the Interest being offered, each Owner may purchase the portion of the Interest so offered as agreed upon by the other Owners desiring to purchase a portion of the offered Interest, and absent an agreement reached between them, each may purchase a percentage of the remainder of the Interest which the -10-
15-383

amount offered to be purchased by an Owner bears to the amount offered to be purchased by all Owners, but not less than that portion of the remainder of the interest offered which the then Interest of such Owner bears to the then Interests of all Owners electing to purchase such remainder. Any interest not purchased by an Owner may be sold to a third party reasonably approved by the Managing Owner. If such sale does not occur within one (1) year after the purchase price is determined, the sale shall again be subject to the above provision. (b) The following transfers ("Permitted Transferee") shall not be subject to the provisions of Section 14(a) above:
(i) A transfer to any lineal descendent of a current trustee or general partner of one of the Owners;
(ii) A transfer to a trust for the benefit of any lineal descendent of a current trustee or current general partner of any of the Owners; (iii) A transfer to any successor trustee or distribution to a beneficiary,, where one of the current Owners is a trust; and
(iv) A transfer to any partner or group of partners who consist of one of the current existing partners of an Owner, where such Owner is a partnership. (c) The rights of O Hill and its successors under Section 14(a) above shall expire upon the sale of the Interest of O Hill to a person or entity in which O Hill, or a Permitted Transferee of O Hill, has no interest.

15. NOTICES. All notices under this Agreement must be in writing and shall be deemed to have been duly given if delivered personally or mailed, postage prepaid, by certified United States mail, return receipt requested, addressed to the Owner to be notified.

Such notice shall be deemed to have been given as of the date. so delivered, if delivered in person, or upon deposit thereof in the United States mail. For the purposes of notice, the addresses of the Owners until changed as hereinafter provided, shall be as set forth in Exhibit "B" attached hereto. Each Owner shall have the right to change the address to which notice to such Owner is to be given by giving written notice thereof to all other Owners. Managing Owner shall maintain a current list of each recognized. Owner of the Property (as described in Section 19 below), and the address and percentage interest owned by each such Owner.

Managing Owner shall provide such information to any Owner upon written request to do so.

16. UNENFORCEABLE TERMS. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect.

17. TIME OF ESSENCE. Time is the essence of this Agreement and the -11-
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provisions contained herein and each and every provision hereof.

18. AMENDMENTS. This Agreement may be amended. only by a written amendment signed by all Owners whose signatures shall be notarized and recorded in the .

County of Orange. Any amendment or modification of this Agreement shall be dated, and if any conflict arises between the provisions of said amendment or modification and provisions incorporated in earlier documents, the most recent provisions shall be controlling.

19. BINDING EFFECT. This Agreement shall inure to the benefit of and shall be binding upon the Property and the Owners and their respective heirs, successors, legal representatives and. assigns. Each subsequent Owner of a portion of the Property shall be bound by the provisions hereof as if such subsequent Owner had assumed this Agreement. No subsequent Owner need be recognized as such until such subsequent Owner has given each other Owner written notice of the acquisition of such interest in the Property by such subsequent Owner pursuant to the notice provisions of Section 15 above, which each Owner and each subsequent Owner agrees to do or cause to be done.

20. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Owners and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the Owners relating to the subject matter contained in this Agreement, which are not fully expressed herein.
21, GENDER. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the person, persons, entity or entities may require.
22, CAPTION HEADINGS. Captions at the beginning of each numbered Section of the Agreement are solely for the convenience of the parties and shall not be deemed part of the context of this Agreement.

23. NEGOTIATED TRANSACTION. The provisions of this Agreement were negotiated by all of the parties hereto and said Agreement shall be deemed to have been drafted by all of the parties thereto.

24. FURTHER ASSURANCES. Each Owner hereby agrees to promptly sign any -12-
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additional instruments or documents which are necessary or appropriate to carry out the intent and purpose of this Agreement.

25. SPOUSES. Some of the Owners are married and may in the future take title to an Interest in the Property with their respective spouses (the "Married Owners"). For the protection of the remaining Owners, any interest in the Property held by Married Owners shall be deemed to be held by the husband, as to an undivided one-half (x/2) interest and by the wife, as to an undivided one-half (112-) interest. For the purpose of voting upon any issue upon which the Owners may vote pursuant to the terms and conditions of this Agreement, the husband and wife shall each be deemed to own an undivided one-half (�A) interest in the interest of such Married Owners. Each Married Owner acknowledges and agrees that he/she shall do nothing to impede or impair the rights of the other Owners in an attempt to gain leverage upon his/her spouse. In the event an Owner takes title to an Interest in the Property solely in their name, they shall obtain and record a quitclaim deed from their respective spouses so that the Owner in whose name the interest in the Property is held shalt have the right, power and authority to deal with the Property alone and without the consent of his/her spouse. In the event that any such Owner fails to obtain such quitclaim deed and damages result to the remaining Owners, such Owner who so fails to obtain such quitclaim deed shall be liable for the resulting damages.

26. ARBITRATION OF DISPUTES: ALL DISPUTES ARISING UNDER THIS

AGREEMENT WILL BE RESOLVED BY SUBMISSION TO ARBITRATION AT THE

ORANGE COUNTY OFFICES OF JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. ("TAMS") FOR BINDING ARBITRATION. THE PARTIES MAY AGREE ON A RETIRED MOB FROM THE YAMS PANEL. IF THEY ARE UNABLE

TO AGREE, JAMS WILL PROVIDE A LIST OF THREE AVAILABLE JUDGES AND EACH PARTY MAY STRIKE ONE. THE REMAINING JUDGE WILL SERVE AS THE ARBITRATOR AT THE ARBITRATION HEARING. THE PARTIES AGREE THAT

ARBITRATION MUST BE INITIATED WITHIN ONE YEAR AFTER THE CLAIMED

BREACH OCCURRED AND THAT THE FAILURE TO INITIATE ARBITRATION

WITHIN THE ONE-YEAR PERIOD CONSTITUTES AN ABSOLUTE BAR TO TIM INSTITUTION OF ANY NEW PROCEEDINGS. THE AGGRIEVED PARTY CAN

INITIATE ARBITRATION BY SENDING WRITTEN NOTICE OF AN INTENTION TO

ARBITRATE BY REGISTERED OR CERTIFMD MAIL TO THE OTHER PARTY AND TO JAMS. THE NOTICE MUST CONTAIN A DESCRIPTION OF THE DISPUTE, THE

AMOUNT INVOLVED, AND THE REMEDY SOUGHT, IF AND WHEN A DEMAND

FOR ARBITRATION IS MADE BY EITHER PARTY, THE PARTIES AGREE TO -13-
15-386

EXECUTE A SUBMISSION AGREEMENT, PROVIDED BY JAMS, SETTING FORTH

THE RIGHTS OF THE PARTIES IF THE CASE IS ARBITRATED AND THE RULES AND PROCEDURES TO 13B FOLLOWED AT THE ARBITRATION HEARING. THE

ARBITRATOR SHALL, AT THE MOTION OF A PARTY, PERMIT AND ORDER SUCH

DISCOVERY ON THE PART OF SUCH PARTY AS HE DETERMINES TO BE REASONABLE AND APPROPRIATE TO THE DISPUTE BEFORE HIM.

NOTWITHSTANDING THE ABOVE, AT LEAST TWO WEEKS PRIOR TO THE

ARBITRATION, EACH PARTY MUST MAKE A FULL DISCLOSURE TO THE OTHER PARTY OF (i) ALL DOCUMENTS TO BE PRESENTED BY SUCH PARTY AND (ii) ANY WITNESSES TO BE CALLED BY SUCH PARTY.

NOTHING IN THIS PARAGRAPH SHALL IN ANY WAY LIMIT OR OTHERWISE

RESTRICT A PARTY' S RIGHT OR ABILITY TO OBTAIN INJUNCTIVE RELIEF OR APPOINTMENT OF A RECEIVER THROUGH THE COURT SYSTEM.

NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED

BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRIAL. BY Mln4LING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS

TO DISCOVERY AND APPEAL, EXCEPT AS PROVIDED HEREIN, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO

THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALWORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBI RATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

O Hill: L2mrzi TFT: f ' 1 Mesa -East: 145K- I I Ef: — } Mira Mesa West f &2 [ ]' NBCC Ltd:

27. COST OF ENWRCE VIENT. Should any dispute arise between the parties hereto or their legal representatives, successors or assigns concerning any provision of this -14-
15-387

Agreement or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to reasonable attorneys fees and legal costs in connection with such dispute. For purposes of this Paragraph, a dispute shall include, but not be limited to, an arbitration proceeding or a court action for injunctive relief.

28. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California and the venue for any dispute shall be Orange County, California.

EXECUTED as of March 0f994, at Newport Beach, California.

Owners:

O MU Properties, a
California limited partnership
By: / r
Robert O U 1,
its General Partner
The Fainbarg Trust,
dated April 19, 1982
By: ON- t
Allan Fain arg, TMstee
Newport Beach Country Club,
a California limited partnership
By: O Hill Properties,
a California limited partnership
Its General Partner
$Y
f�- . �
Robert �WFM -
General Partner
-15-
Mesa Shopping Center -East
A California General Partnership
By:-..Q.,Q
Arnold D. Feuerstein
Managing General Partner
By:

Elliot Feuerstem.

Managing General Partner
Mira Mesa Shopping Center -West
A California General Partnership
BY:• ---
Arnold D. Feuerstein
Managing General Partner
Elliot Feuerstein
Managing General Partner
15-388

STATE OF CALIFORNIA

COUNTY OF ORANGE
On elkiE1'4 ', 1 `i'1 , before me a Notary Public in and for said County and State, personally appeared Robert O Hill, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Lary Public in and or sai@ County acid State

STATE OF CALIFORNIA

COUNTY OF ORANGE
YVONNi N. RiTCHOT
z ? t COM #055585 z
z ,p Notary Pobric calilotnta

ORANGE COUNTY
tornm exphes FED 09,1906
On before me a Notary Public in and for said County and State, personally appeared Allau Fainbnally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal
N in and for said County a d State
-16-
1 8Wt*MM'0XP1r09FE609
B iCNE N. RI
coMu. #M585 a
Z Notary PubliaCWtMia
R ORANGE COUNTY 49�]r r"'�
15-389

STATE OF CALIFORNIA

COUNTY OF ORANGE
On �7744e k � /991� , before me a Notary Public in and for said County and State, personally appeared Robert 0 Hill, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Lary Public in and for said County and State

STATE OF CALIFORNIA

COUNTY OF ORANGE
`YVONNE N. RITONQT
comm, #953895
•'o NOLW PubBo- Noma

ORANGE COUNTY
hfy comm. erpkm FEB 09,1M
On di � 95/ , before me a Notary Public in and for said County and State, personally appeared Arnold D. Feuerstein, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said County and State

STATE OF CALIFORNIA

COUNTY OF ORANGE
SI./!✓YlIlfr/Crl1,�II1f �iJJSt
INC
SORMUOUMy
T I 5 !
On IeAdAm f / y yV, before me a Notary Public in and for said County and State, personally appeared Elliot Feuerstein, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said County and State
-17-
Sr./y✓-�^✓r✓./Y.r✓� 1.�` ma's .irr ,
15-390

STATE OF CALIFORNIA

COUNTY OF ORANGE
On , before me a Notary Public in and for said County and State, personally appeared Arnold D. Feuerstein, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said County and State

STATE OF CALIFORNIA

COUNTY OF ORANGE
On , before me a Notary Public in and for said County and State, personally appeared Elliot Feuerstein, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said County and State
-18-
15-391

EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY
Parcel Y:

That portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 1 Page 88 of Miscellaneous Maps in the Office of the County Recorder of said County described as follows:

Lot A as shown on that certain Parcel Map filed October 10, 1967 in Book 10 Page 20 of Parcel Maps in the Office of the County Recorder of said County, and Parcels 1, 2 and 3 as shown on that certain Parcel Map filed February 11, 1977 in Book 92 Pages 13 and 14 of Parcel Maps, in the Office of the County Recorder of said County.

Parcel 2:

As easement for ingress and egress over the most Southerly 190.00 feet of Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on that certain Parcel Map filed October 10, 1967 in Book 10 Page 20 of Parcel Maps, in the Office of the County Recorder of said County.
15-392

EXMIT "B"

OWNERSHIP INTEREST IN THE PROPERTY
Name and Address of Owner Interest in property
Allan and Sara Fainbarg, Trustees 25%
of The Painbarg Trust dated
April 19, 1982
890 W. Baker
Costa Mesa, CA 92626
Mesa Shopping Center -East 15 %
c/o Arnold Feuerstein
2293 W. Ball Road
Anaheim, CA 92805
Mica Mesa Shopping Center -West 10%
clo Arnold Feuerstein
2293 W. Bail Road
Anaheim, CA 92805
With a copy of any notices to:

Mesa Shopping Center -East
c/oElliot Feuerstein
8294 Mira Mesa Blvd.

San Diego, CA 92126
Newport Beach Country Club 25 %
One Upper Newport Plaza
Newport Beach, CA 92660
Attn: Robert O Hill
O Hill Properties 25 %
One Upper Newport Plaza
Newport Beach, CA 92660
Attn: Robert O Hill
15-393

FOR VALUE RECEIVED,
to

PROMISSORY NOTE
Newport Beach, California
("Maker") hereby promises to pay
, or order ("Holder"), at
or such other place or places as
may be designated by Holder from time to time, the sum of payable as specified herein. This Promissory Note ("Note") shall bear interest at the prime commercial lending rate of Bank of America, plus two and one half percent (21h %) per annum but not to exceed the maximum rate allowed by law. This Note shall be due and payable on or before the date which is two (2) years from the date of this Note.

Maker and Holder intend that this Note shall be recourse to Maker. However, it is Maker's and Holder's intention that Holder's first recourse shall be against the proceeds that would be otherwise payable to Maker as a result of Maker's ownership of an undivided % interest in certain real property commonly known as The Newport Beach Country Club, and legally defined in any Deed of Trust with Assignment of Rents encumbering such real property as security for this Note ("Property").

As a credit against sums owed by Maker to Holder, Holder shall be entitled to receive 100% of the cash distributions which would otherwise be distributed to Maker as a result of its ownership interest in the Property, up to an aggregate sum equal to the principal amount of this Note ($ ) plus accrued interest.

Maker hereby agrees to pay all costs and expenses, including reasonable attorneys fees, incurred by Holder and arising out of or related to the collection of any amounts due hereunder or the enforcement of any rights provided for herein, or in any other instrument now or - hereafter securing Maker's obligations under this Note, whether or not suit is filed.

Maker waives all rights of set-off, deduction and counter claim with respect to this Note. Any amount which Maker contends are owed by Holder shall be sought by independent action. To The extent permitted by applicable law, the defense of any statute of limitations is hereby waived by Maker.

This Note shall be governed by and construed in accordance with the laws of the State of California.

This Note is secured by a Deed of Trust with Assignment of Rents, encumbering Maker's ownership interest in the Property, executed by Maker for the benefit of Holder. 15-394

From: [email protected]
Sent: September 12, 2022 11:35 AM
To: Lee, David
Cc: Mark Susson
Subject: Need for Pickleball restrictions - The Tennis Club at Newport Beach Importance: High
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello David,
Following the Sept 8 2022 Planning Commission meeting, I thought it appropriate to provide scope to my request that the Tennis Club at Newport Beach install a Sound Blanket around the perimeter of the courts similar to or more dense than what has been installed at the Pickleball Courts at the city's Bonita Canyon Sport Park.

I visited the Bonita Canyon Sports Park over the weekend and noted that the Sound Blanket protects the closest residences that are +/- 300 feet away from the Pickleball Courts.

By comparison, the closest Granville residence is +/- 75 feet away from the Pickleball Courts at the Tennis Club at Newport Beach, 1602 E Coast Highway.

My impression of the Planning Commissioners comments at the Sept. 8 2022 hearing is that there appears to be universal concern by its members relative to the noise generated by and at the Pickleball courts both from the sounds emanating from the pickleball racket impacting the pickleball and the amplified microphone, music, blaring announcements, and the like that I and fellow Granville resident Mark Susson spoke of at the Sept. 8 2022 meeting.

Please keep me posted on what I suggest are needed additional impositions on the Golf Realty Fund's application regarding the additions to the Tennis Club at Newport Beach's site, to be considered at the N.B. City Council Sept. 27, 2022 meeting.

Thank you,
Paul Christ
949-212-8426
15-395

From:

Sent:

To:

Cc:

Subject:

Attachments:

Importance:

FYI
Lee, David
September 08, 2022 4:52 PM
Rodriguez, Clarivel
Campbell, Jim; Jurjis, Seimone
FW: Emailing: Stu Newport News-07-12-2022 - The Tennis Club at Newport Beach
Stu Newport News-07-12-2022 - The Tennis Club at Newport Beach.pdf
High
-----Original Message -----
From: [email protected]
Sent: September 08, 2022 4:47 PM
To: Lee, David
Subject: Emailing: Stu Newport News-07-12-2022 - The Tennis Club at Newport Beach Importance: High
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello David,
Attached is an article published in the "Stu News Newport" indicating that Golf Realty Fund is intending to add one additional tennis court thus totaling eight courts vs. the previously planned seven.

The Article also discusses the Tennis Club at Newport Beach's plans to add additional Pickleball Courts up to a maximum of 50 courts.

It thus appears that the Golf Realty Fund's application purposely ignored mentioning the retention of existing people courts and the plan to add additional courts? As a citizen (taxpayer) of Newport Beach CA I consider the Golf Realty Fund's Application incomplete.

Perhaps the Planning Commission can briefly review this material prior to the September 8, 2022 meeting?
Thank you,
Paul Christ
15-396

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Fair Game
By TOGA JOHNSON
The news appears very good for local plckleballers
Last week we were left questioning what was going on locally with The Tennis & Pickleball Club at Newport Beach. There was momentarily a concern that the club, arguably the largest pickleball club in the world, was in some type of jeopardy.

Absolutely not true, especially if landowner/managing partner Robert O Hill and TTPC owner Sean Bollettieri-Abdali have anything to say about it.

First, O Hill took me step-by-step through his elaborate plans to basically re -develop the entire site into the Newport Beach Country Club Planned Community District. It's impressive! The plan continues to build on the pickleball sensation, with 26 courts and the ability to easily expand to 30. Included in that are two new pickleball stadium courts.

And to not disappoint tennis players, the plan expands the tennis courts footprint from seven to eight courts.

Other highlights include a new clubhouse, a wonderful fitness facility, complete with spa, a lap -pool, and, are you ready for this, bungalows for short-term stays, penthouse suite lofts, complete with elevated ocean views, condos and a hotel.

Some of those units encroach on land closer to the golf course but in no way close to interfere with play or change the layout.

O Hill touted the fact that the new additions would bring in some $1.5 million in tax revenue to the city and additionally offer marquee players a unique place to stay when coming to town for a golf tournament at nearby Newport Beach Country Club or for onsite tennis and pickleball events.

E
15-397

Click on photo for a larger image
Courtesy of Robert O Hill & Stearns Architecture
Proposed master site plan for the Newport Beach Country Club Planned Community District Click on photo for a larger image
Courtesy of Robert O Hill & Stearns Architecture
The proposed spa/fitness area
When the subject of possibly turning the club in to something else came up, O Hill clearly stated that he's "a steward of community" and "feels a responsibility" to uphold the best facilities for golfers, pickleballers and tennis players alike.

O Hill holds the land lease under Newport Beach Country Club, hence his interest in golf, too.

Bollettieri-Abdali is excited, too, but in fairness to him, cautiously optimistic about the future.

First, let me explain the "cautiously optimistic" part. Sean admits he's on "a short-term lease" which is never a perfect situation, but O Hill, in his address to the members last Thursday, said that Boll ettieri-Abdali is the person he wants and plans to move forward with long-term.

He also reiterated that to me several times.

Bollettieri-Abdali, in fact, told me that he has an agreed upon 75-year lease on the table waiting approval by O Hill's "other partners," who at this point seem to have a dysfunctional relationship across the owner's group, which Sean calls unfortunate.

Sean told me his agreement was submitted last December, but to this point it's been crickets.

While he's waiting, Bollettieri-Abdali has other, bigger plans. Try a major league professional pickleball team, perhaps the Newport Beach Crashers, taking shape. Other cities, too, are in the developmental stage.

To his credit, he can get things done. When he arrived eight years ago to assume control of the facility it had 97 members and virtually too many unused courts. It also had rundown facilities.

He told me he personally reworked virtually every corner of the facility to bring it back to life. And despite the rumored 1,800 members claimed last week, Sean says the real number, counting a number of younger people that play, is more in the 1,300 range.
15-398

His one parting comment to me was that he hopes to sit down with 0 Hill's partners (Elliot Feuerstein and Irving Chase) and "break bread," discussing what their interests and concerns are, to once and for all get the long-term lease finalized.

For 0 Hill, he's already gone through a number of plans checks, spending much of the last nearly 20 years getting all approvals through with the city for this project. He hopes to be in front of the city come September for permits This from the City of Newport Beach, the Utilities Department is geared up for the King tides, a series of some of the highest tides of the year. Even though no rain is forecasted, city crews have placed sandbags in strategic areas on the Peninsula and Balboa Island. Also, staff has installed the stop gap boards on the south side seawall of Balboa Island.

Each night, dozens of staff will be mobile with truck -mounted pumps to pump the seepage in the streets created by the King tides' height and resulting pressure.

The tide heights for the week are: Tonight, (Tuesday) July 12, a peak of 7.2 ft. at 8:40 p.m., Wednesday, July 13, a peak of

7.3 ft. at 9:29 p.m., Thursday, July 14, a peak of 7.1 ft. at 10:18 p.m. and Friday, July 15, a peak of 6.7 ft. at 11:08 p.m. (Measurements are in mean lower low water and actual tide heights are expected to be six to 12 inches higher than predicted.) a..

Newport Beach Fire Chief Jeff Boyles and Fire Marshall Kevin Bass will be the featured speakers at the Corona del Mar Chamber of Commerce's Good Morning CdMI, on Thursday, July 14 from 8-9:30 a.m.

Click on photo for a larger image
Courtesy of CdM Chamber of Commerce
The topic is Summer Fire Prevention, Protection & Preparedness. The meeting, planned for the Bahia Corinthian Yacht Club, will also offer complimentary coffee and pastry, There is no fee and no RSVP is required to attend.

Good Morning CdM!, a community government affairs discussion group, is the Chamber's monthly meeting connecting residents with important current community topics and also with legislative updates from the offices of local representatives.

Expected to be on hand will be Newport Beach City Councilmember Joy Brenner, a local representative from congresswoman Michelle Steel's office, Assemblywoman Cottie Petrie -Norris and OC Supervisor Lisa Bartlett.

The Bahia Corinthian Yacht Club is located at 1601 Bayside Drive, Corona del Mar. aam
The Balboa Island Museum is hosting a Speaker Event this Thursday, July 14 at 6 p.m. with Catalina Museum for Art & History Deputy Director and Chief Curator Johnny Sampson. Johnny will discuss the history of Catalina Island and the historic landmarks therein.

For tickets, go here.

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Email 10"=6VlCt11NhQ%nlcnlciernnrt nnm with rMIA/C r1M1=0Q=C lottere atr 15-399

From: Phoebe Loos
Sent: September 29, 2022 9:53 PM
To: Sommers, Brad; Jurjis, Seimone; [email protected]; Lee, David
Cc: 'Mark Susson'; John French; [email protected]
Subject: RE: Pickleball
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

I would like to add to what Mark is saying.

I have lived on Granville for 22 years. The pickleball facility is a terrible neighbor, and in fact, has negatively impacted the life of those of us in this area (not just Granville) in the following ways:

1. Club manager Sean Ballesteros personally promised me a few months ago he would install speed bumps to try and control the dangerous situation of pickleball players coming into and out of the Club at excessive speed without looking to see if someone is driving down Granville. There have been multiple near collisions. Nothing effective has been done by the Club to remedy this situation. The recent grant of a wine/beer license will only make matters worse.

2. As stated below by Mark, the noise from the sport itself, from the players cheering, and from the loudspeakers during tournaments is unreasonable in a facility literally within a few feet of homes.

3. The club has made no effort to maintain even minimally acceptable landscaping around the clubhouse and parking lot. An old, unsightly, Pizza van has been parked there continuously for months if not years. At times trash is piled 3 or 4 feet high in the corner next to the dumpster. Many areas have simply been allowed to go to weeds, which are chopped to the ground every six months or so.

4. Sean told me it is his goal for his club to host national pickleball tournaments. Even the local ones involve cars parked on curbs, in the weeds, in the red zones, spilling out onto Granville and the parking lot for the office buildings. Where is he going to put the cars from even larger tournaments? In short, a Club being managed as this one is does not belong in a residential neighborhood. There needs to be immediate traffic control, sound attenuation, 15-400

parking enforcement, and landscaping consistent with what is seen in the rest of this well cared for area. I would respectfully ask the City to support the residents who have made their homes here.

Phoebe Loos
1105 Granville Drive
Newport Beach, CA 92660
949 644 4146
From: Mark Susson
Sent: Wednesday, September 28, 2022 9:33 AM
To: John French ; Loos Phoebe ; paul christ

Subject: Fwd: Pickleball
My correspondence to and from the City this morning.

Sent from my iSus iPhone
Mark Susson
Attorney
Susson Law
2 Corporate Plaza Drive
Suite 275
Newport Beach, CA, 92660
(949) 706-6900 office
Marl
Date: September 28, 2022 at 9:28:38 AM PDT
To: Mark Susson
Cc: "Murray, John" , "Lee, David"

Subject: RE: Pickleball
Hi Mark,
Thanks for reaching out. You bring up some good points. I'm copying John Murray, who 15-401

is the City's Code Enforcement Supervisor. He is meeting with the club membership and will be discussing these complaints as well as other issues that have come up.

We are going to work with the club to get them back as good neighbors to the community. Please continue to work with John as we move forward.

Thanks
SEIMONE JURJIS, P.E., C.B.O.

Community Development Department
Community Development Director
[email protected]
949-644-3282
-----Original Message -----
From: Mark Susson
Sent: September 28, 2022 9:22 AM
To: Jurjis, Seimone
Subject: Pickleball
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Thanks for allowing me to contact you directly.

I have been a resident of Newport Beach since 1968. 1 attended CDM high school, UC Irvine, and Loyola law school. My wife and I are both practicing attorneys in the area.

For many years, my family was a member of the Balboa Bay Club and the Balboa Bay Tennis Club. In the late 60s through the late 70s, my family lived at Granville. I think we were one of the first few residents to move in when they were built in 1969. When I went off the law school in 1979, my parents moved to the other side of the bay.

After raising our children in Irvine, my wife and I moved back to Granville in 1997. We have been there ever since. Both of us have served lengthy periods on the Granville board. Since 1997, we have been members of the Newport Beach Country Club.

I sat through both the planning commission meeting and the city council meeting within the last 60 days. These were my first meetings of this kind. Frankly, I was a bit concerned that the plans submitted never even mentioned Pickleball and I was wondering if the developer was trying to do an end run. At the end of the day, it appears that the city council was well aware of what was going on and I think made the right decision. While I do not know Mr O'Hill, I have been friends with the Chase Family for many, many years. I have the utmost respect for the Chases.

Against all that background, please allow me to offer you a few thoughts.

At the end of the day, I think that there will be pickleball courts, in one form or another, on the subject property. I am hoping that with appropriate safeguards the residents of 15-402

Granville and the members of the country club and the members of the pickleball courts can peacefully co -exist. Having said that, here are the issues that I think need to be addressed:

One. There needs to be some type of sound attenuation material used on all of the fencing. I believe the city has done this at the Bonita Canyon courts and the current operator has promised for years now that he was going to do the same. That has never happened. I think the sound issue needs to be dealt with immediately, presumably with the help of sound experts.

Two. The city needs to analyze the hours of operation of the club. Currently, I believe play begins before 8 AM and I know that play continues well past 8 PM. I believe the city courts close at dusk which is about 7:20 PM or thereabouts. The hours of operation are impacted directly by the sound issue so my guess is the hours of operation may be a moving target if the proper safeguards are taken with regard to sound.

Three. When the tennis club was built, I believe there were 24 tennis courts. I suspect that one half of those courts were used for doubles and one half for singles. Now, depending upon who you believe, I think we have approximately 40 Pickleball courts, mostly taken by doubles, and the amount of people using the courts has increased probably three or four fold. I believe this has led to a serious parking issue. The current operator does not maintain the parking lot in a very safe condition and on numerous occasions there have been cars parked along the curb, even adjacent to painted red curbs. I myself have called the police on numerous occasions because the lawyer in me believes that an emergency situation could give rise to real problems with cars parked everywhere resulting in serious injury.

Four. From time to time, there are lighting issues as the current operator has installed lights which shine directly down the ninth fairway of the golf course and anyone at Granville sitting on their patio will find themselves looking into a bright light (presumably LED) and frankly, once you see it, that's all you see. This is especially true in the summer months when many people eat outside on the patio. I called the current operator several times and he advised me that this was not his light. Only after repeated calls did he apparently learn for the first time that it was his light and apparently he had it repositioned.

Five. The public address system at the courts is very loud. There have been countless mornings where, during a tournament, I can hear every announcement for every individual who will soon be defaulted if they do not show up on a specific court. Keep in mind my unit is 1047 and we are halfway up the block. I can only imagine what it sounds like in the units closer to the courts.

Six. The people accessing the Pickleball courts from Civic Center Dr. or Newport Center Drive seem to pull onto Granville and make a straight beeline to the parking lot without ever looking for people exiting Granville. I understand there has been at least one collision and perhaps more. This is clearly an accident waiting to happen. I believe there needs to be a stop sign at the exit from the pickleball parking lot onto Granville, if not a stop sign and a speed bum. I spoke with the city traffic department some weeks ago 15-403

and was told that they would consider painting an extension on the double yellow line, that leads from Newport Center Drive to just in front of the bank, to keep that line going until it reaches the guard house. The hope is that the line would alert people coming across Newport Center Drive onto Granville and into the parking lot of the fact that Granville is a active street with two way traffic.

Having played tennis at the club for years, having played racquetball at the Newport Beach Athletic Club for many, many years and now as a Pickleball player, I am certainly familiar with the difference between the various games. Pickleball is not tennis. The biggest issue we all need to face is the sound created by contact between the ball and the paddle. Clearly, this is not a new issue to the city as I have been following, to some extent, the litigation over at the San Joaquin courts.

We have sound issues, we have traffic issues, we have hours of operation issues, lighting issues, etc. We also have mega tournaments at the site. The operator admitted at the planning commission meeting that these tournaments belong at a tournament facility like Indian Wells. I could not agree more. All I want at the end of the day is to make sure that the operator of the courts is a good neighbor. To date, that has not been the case. I am happy to help the City in any way I can.

Sent from my iSus iPhone
Mark Susson
Attorney
Susson Law
2 Corporate Plaza Drive
Suite 275
Newport Beach, CA, 92660
(949) 706-6900 office
[email protected]

PLEASE NOTE NEW FIRM NAME, NEW TELEPHONE NUMBER AND NEW EMAIL ADDRESS

EFFECTIVE IMMEDIATELY
15-404

From: Campbell, Jim
Sent: September 08, 2022 4:41 PM
To: Jurjis, Seimone; Summerhill, Yolanda; Lee, David
Subject: Fwd: The Tennis Club hearing tonight 6:30pm
Sent from my iPhone
Begin forwarded message:

From: Sean Bollettieri-Abdali
Date: September 8, 2022 at 2:57:19 PM PDT
To: "Weigand, Erik" , [email protected],
"Klaustermeier, Sarah" , "Rosene, Mark"
, "Ellmore, Curtis" ,
"Kleiman, Lauren" , "Campbell, Jim"
, Howard Bidna
Subject: The Tennis Club hearing tonight 6:30pm
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Planning Commissioners,
We are once again in front of you tonight in regards to the future of The Tennis Club aka:The Tennis & Pickleball Club at Newport Beach.

As owner and operator of the club, I would like to remind you that we had previously turned in to Newport Beach City attorney almost 2,000 petitions in support of the Managing Owner's Plan B. I can tell you that the majority of my club is in favor of the plan being in discussion tonight.

We desperately need the new facilities to operate the club for many years ahead.

Further, our neighbors such as Eagle Four, Newport Beach Country Club and others are in favor of this plan and have provided a letter which was sent to Jim Campbell. I have also built a strong business relationship with the Irvine Company, with whom we have a contractual parking agreement and another easement in the works along with an existing easement for up to 554 parking stalls.

For over one month, I along with my staff have hosted a Monday morning event, with complimentary coffee and pastries to discuss this plan and answer questions. 100% of the members we spoke with are in favor of this plan and many of them want this to happen sooner rather than later. Not one individual opposed this plan. 15-405

Tonight, I suspect we will get some opposition speaking against this plan, but be aware that some individual(s) have started a public forum, hiding under falsified names, and posting anonymous posts, especially the last 36 hours. I hope that this will not confuse you or any of our community members.

As owner of the club and tenant of the property, I respect all my landlords. I truly pray and hope they will agree on this Plan. It's a win/win for all sides. They will be known as heros in saving the club that means so much to hundreds of people in the City of Newport Beach, not to mention out of State members and guests. We have built a strong community which we are proud of, one that is saving lives and keeping people healthy. Please help us in getting this plan approved.

Please feel free to contact me if you are to have any questions, at 213-909-6211.

Many aces,
Sean
Sean Bollettieri Abdali / President
The Tennis Club at Newport Beach
Eleven Club House Dr. Newport Beach CA 92660
P: 949.759.0711
www.thetennisclubnb.com
15-406

From: justin smith
Sent: September 07, 2022 5:25 PM
To: Jurjis, Seimone
Cc: Lee, David
Subject: TTC Committe Questions
Attachments: 1.png; 2.png; 3.png
Follow Up Flag: Follow up
Flag Status: Completed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Mr. Jurjis
Having seen this letter from Sean Abdali, the Club President of The Tennis Club at Newport Beach I am confused. I see Sean's claim below highlighted in yellow that he "will have 30-32 pickleball courts". However when I see the plan the City has reviewed and is looking to approve, it does not show any pickleball courts. Can you please let me know if pickleball courts are being approved with this plan? Thank you and regards,
Justin Smith,
Newport Beach
15-407

The Tennis Club at Newport Beach
❑ear TTG members,
As we are wrapping up summer and our tournament
and event season, I would like to update you on some
items.

As many of you know I've been traveling to Florida
back and forth for my 91 yr old father, who is now in
hospice care. This is a difficult time for our family but I like to thank you for your prayers and positive
thoughts.

Please note, the project was originally submitted more
than 10 years ago when our address and name was
different and there was no such thing as Pickleball, On Thursday the Managing Owner is requesting to
change the previous plan of 7 courts to 8 courts!l! This equates to 30-32 Pickleball courts, and increases the
hotel rooms from 27A2. More details below.

TENNIS CLUB AT NEWPORT BEACH PROJECT
AMENDMENT (PA2021-260} Site Location: 1602
East Coast Highway
Summary:

An amendment to the 2012 approved Tennis Club at
Newport Beach project to; 1) increase the number of
future tennis courts from 7 to 8 courts, 2) increase the number of future hotel rooms from 27 to 41 rooms, 3)
increase the gross floor area of the ancillary hotel
uses by 4,686 square feet, and 4) provide 3 attached
condominium units and 2 detached single family
residences in -lieu of 5 detached single-family
residences. The proposed changes to the 2012
approved project require the consideration of the
following land use:

The Managing Owner, Robert O'Hill will be
holding a meeting at TTG this Wednesday
September 8th at 6pm in the Clubhouse. Feel
free to come if you have any questions.
15-408

The club will support a plan that preserves our club
and the one submitted, will allow me to provide up to
30-32 Pickleball courts. The new plan will deliver
much needed facilities, such as a new locker room for
showers, changing room, Restaurantfbar, Pro Shop,
and two stadium FIB courts. We, the club, appose any
plan that eliminates our club period.

Please join the Managing Owner tomorrow,
Wednesday at Glom for a Q&A session at the
Clubhouse Grill.

WARNING: It was brought to our attention this
afternoon that few individuals are stirring the pat with untrue facts and negative thoughts about the
Thursday hearing. I am very concerned that these
individuals wil'l spoil us having a club. The plan for
Thursday night, guarantees our club to be preserved
and I will have 30-32 Pickleball courts to deliver to
you, along with other much needed and important
facilities, such as showers, locker rooms, and better
restrooms.

If you have any information on who these individuals
may be or who's chat roam it belongs to, please let me
know in confidence by texting me at 213-909-6211.

Events & Tournaments:
. Pickleball:

The club has taken a very strong stand in putting
a pause on all new events and tournaments, and
set guidelines to ensure member experience is
not jeopardized and protect cur facility with the
wear and tear. We will be announcing the
guidelines we have set for all new bookings and
have asked the event company to reach out to
already committed events to move some things,
such as start time and number of courts.
. Tennis:

UTR Tennis tournaments have been reduced and
more matches will continue to move off -site,
including our new facility in Coto. We have also
reduced a large number of our Junior
Performance activities.
15-409

In conclusion, with any plan passing by the City it will still require 70% vote from all Landlords. So far, the
landlords have litigated against one another for gears.

Let's assume all the landlords agree to one given plan, then it will still tale multiple years for it to start the Process.

What we DO NOT want to happen is to have club
members confused to oppose the only plan that will
keep our club operating, offering what we offer today.

If you have any questions, feel free to contact rye b
phone at 1 - 09-6 11.

Many aces,
Sear?
15-410

From:

Sent:
' To:

Subject:

JIM CAMPBELL
Community Development Department
Deputy Community Development Director
icampbell(a)ne wportbeachca. qov
949-644-3210
Campbell, Jim
September 08, 2022 4:54 PM
Lee, David; Summerhill, Yolanda
FW: TCC Pickleball and Tennis Club
From: [email protected]
Sent: September 08, 2022 4:54 PM
To: Planning Commissioners
Subject: TCC Pickleball and Tennis Club
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Commissioners, I am a resident of CDM (465 Seaward Rd, CDM, 92625) and a member of the TCC club.

There has been a lot of confusion relating to the redevelopment of the club into a hotel and 8 tennis courts. We have been told that the pickleball courts will remain in the new development, but it appears they are being eliminated based on the agenda item description I read today. It appears to me that there is more of a community benefit from having the pickleball courts remain in place versus eliminating the pickleball courts then and keeping 8 tennis courts. That being said, I don't see anything the applicant is asking for that is not consistent with the property zoning so maybe there is nothing that the PC can do but if it is possible to designate the construction of the Pickleball courts over the tennis courts then I would encourage the PC to make this condition a requirement. Thank you for your service.

FrTWA Rick Tarbell
Cell (714) 396 8995
COMMUNITIES http://twacommunities.com/
"Innovarim HOLOS1170 r0Fiftaif CommunidaS"
15-411

From: Lee, David
Sent: October 06, 2022 10:29 AM
90�-P-
Hi
If a revised application includes a public spa and fitness center, we would need to evaluate the entire facility and operation to make the determination on parking it separately from the hotel.

Thanks,
DAVID S. LEE
Community Development Department
Associate Planner
dlee(a)newportbeachca. gov
949-644-3225

CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bav C, Newport Beach, California 92660 1 newportbeachca.gov From: Susan Kramer
Sent: October 05, 2022 2:52 PM
To: Lee, David
Subject: RE: Project File No: PA 2021-260 Parking Considerations [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

David: Sorry to bother you again and I promise only (1) more question until next year when the next chapter unfolds with I am sure more twists and turns.

1. If the Spa and Fitness Center was open to the public would that change the parking spaces needed?
Thanks a lot. You have been terrific!
Best regards,
Susan Kramer
Corporate Accounts
15-412

Penn Records Management - Corporate Offices:
2551 S. Garnsey St. (Serving Orange County)
Santa Ana, Calif. 92707
14;�- 15622 Producer Lane (Serving Los Angeles Area)
Huntington Beach, Calif. 92649
Tele. 714/549-0224 susanennrecords.com
www.pennrecords.com
From: Lee, David
Sent: Wednesday, October 5, 2022 7:57 AM
To: Susan Kramer
Subject: RE: Project File No: PA 2021-260 Parking Considerations Hi Susan,
See my responses to each number, below:

1. Noted, that's helpful information.

2. Noted as well. Parking would need to be evaluated for pickleball if the application comes in.

3. The spa and fitness center was proposed as an ancillary use for the hotel. The hotel and tennis club parking requirements were accounted for in the required and proposed parking. There may be overlap in where tennis members / hotel guests park their cars. However, it was all accounted for from a parking count stand point.

4. 1 do not know this information regarding membership plans. This would be a question for the ownership. Again, parking for tennis and hotel use were accounted for.

The rest of your questions regarding noise are great questions, but not for me to answer. My job is to analyze the project which was submitted, which was for tennis courts only. We'll see what happens in the near future with the project.

Again, let me know if you need anything else!
Thanks,
DAVID S. LEE
Community Development Department
Associate Planner
dleena.newportbeachca. aov
949-644-3225