Attachment B
Resolution No. 2025-72
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Resolution No. 2025-72
W
HEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2025-018 by a unanimous vote (6 ayes, 1 recusal) recommending the City Council approve the Project;
WHEREAS, after the Planning Commission’s decision and pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on September 9, 2025, and adopted Resolution No. 2025- 60 (6 ayes, 1 absent) to notify ALUC and the State Department of Transportation Aeronautics Program of the City’s intent to override ALUC’s inconsistency finding; and
WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Project. A notice of time, place, and purpose of the hearing was given in accordanc e with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter
20.62 (Public Hearings) of the NBMC, City Council Policy K -1 (General Plan and Local Coastal Program) and City Council Policy K -3 (Implementation Procedures for the California Environmental Quality Act). Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation.
Section 2: The City Council hereby approves the Major Site Development Review, Conditional Use Permit, and Modification Permit , collectively filed as PA2024 - 0069, subject to the conditions of approval set forth in Exhibit “B,” based on the required findings and facts to support said f indings, as set forth in in Exhibit “C.” Both Exhibits are attached hereto and incorporated herein by this reference. Additionally, the City Council hereby approves the Reduced Amenities Alternative analyzed in Appendix F of the EIR as a Project alternative that may be implemented at the Applicant’s election in that it substantially conforms with the Major Site Development Review.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 20-58
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10. A total of 324 parking spaces shall be made permanently available for use, including 229 for guests and employees of the surf park and 95 for Golf Course guests.
11 . If actual parking demand exceeds anticipated parking demand, the Applicant will be required to work with public works staff to implement parking solutions.
12. Employees arriving by car shall park on site.
13. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm lighting will not cause a nuisance to nearby residential properties.
14. Illumination shall not exceed 1-foot candle beyond the property line.
15. Illumination of the surfing lagoon shall be subject to a thirty (30) day review period, during which time the Community Development Director may determine that a reduction in illumination or turning off of illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming or turning off of any illumination found to be excessively bright.
16. The Major Site Development Review, Conditional Use Permit Use Permit, and Modification Permit filed as PA2024-0069 may be modified or revoked by the City Council should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nu
isance.
17. Prior to Certificate of Occupancy, the Applicant shall pay Development Impact Fees.
18. Prior to the issuance of a building permit, the Applicant shall pay San Joaquin Transportation Corridor Association fees in accordance with the fee schedule at time of building permit issuance.
19. Prior to the issuance of a building permit, the Applicant shall pay any applicable Traffic Fair Share fees at time of building permit issuance.
20. Changes in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review by the Planning Division.
Significant changes may require an amendment to this approval or the processing of a new approval.
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79. An accessible route to the second story of the visitor accommodations building is required. 118-206. 2. 3 Exception 1. 2 may apply if Applicant demonstrates during plan check that rooms on second level provide same experience as first level.
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Design foundation for liquefaction mitigation pursuant to policy:
https:l/www.newportbeachca.gov/homelshowpublisheddocument/2929/63568249 3202100000
Bicycle parking shall comply with 5. 106. 4 of Cal Green.
82. EV Capable, EVSE and EV accessible parking shall comply with table 5.106.5.3.1 of Cal Green and Table 11B-228.3.2.1 of the CBC. Note that regular accessible parking shall be separated from EV accessible parking.
83. Top of adjacent slope and setback shall comply with 1808.7.3 of the CBC.
84. Property is located within a flood zone. If any building is proposed within the flood map, it shall comply with flood zone A finish floor requirements.
Public Works Department
85. Prior to the issuance of a building permit, a final Construction Management Plan shall be reviewed and approved by the Community Development Director and City Traffic Engineer.
86. Prior to the issuance of a building permit, a final hydrology report and storm drain plan shall be reviewed and approved by the City.
87. The Applicant shall reconstruct curb, gutter, and sidewalk per City standard along the Irvine Avenue and Mesa Drive frontages. The extent of reconstruction shall be determined by the Public Works inspector.
88. The proposed driveway along Mesa Drive shall be a right-tum in and right-tum out driveway. Final design of the driveway will be reviewed and approved as part of the plan check process.
89. The driveway along the Irvine Avenue frontage shall be a right-tum in, left-tum in, and right-tum out only driveway. Final design of the driveway will be reviewed and approved as part of the plan check process.
90. The Applicant shall install a new minimum 12-inch water main (final size of main to be determined during building plan check) connecting to the existing 24-inch water main within the Irvine A venue right of way. Final design of the new water main and associated water services shall be reviewed and approved as part of the 20-70
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