Attachment D
Planning Commission Resolution No. PC2026-025 (No Exhibits) RESOLUTION NO. PC2026-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
CITY COUNCIL ADOPTION OF A DEVELOPMENT
AGREEMENT FOR A 78-UNIT RESIDENTIAL DEVELOPMENT
PROJECT LOCATED AT 1 CLUBHOUSE DRIVE (PA2025-0019)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eagle Four Partners (“Applicant”), on behalf of Golf Realty Fund LP (“Owner”), with respect to property located at 1 Clubhouse Drive, and legally described in Exhibit “A,” which is attached hereto and incorporated by reference (“Property”).
2. The Applicant proposes the future development of Fairway Three, a 78-unit residential development, parking facilities and amenities for residents and guests, new hardscape and landscaping, and utility infrastructure at the northeastern portion of the Property (“Project”).
As a result, the Applicant requests approval from the City of Newport Beach (“City”) of a development agreement (“DA”) pursuant to Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code (“NBMC”), which provides the Applicant with the vested right to develop the Project for a term of five years in return for negotiated public benefits to the City.
3. The Property is designated Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Golf Course subarea of the Newport Beach Country Club Planned Community (PC-47) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan (“CLUP”) category is Parks and Recreation (PR) and it is located within the Newport Beach Country Club (PC-47) Coastal Zoning District.
5. A public hearing was held on September 17, 2026, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (“Public Hearings”) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to the California Environmental Quality Act (“CEQA”) as set forth in California Public Resources Code Section 21000 et seq. and its implementing guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), the City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 (“PEIR”), approving a Mitigation Monitoring and Reporting Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
Program (MMRP), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC which are available at: Housing Implementation Program EIR.
The Project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the CEQA Guidelines because, inasmuch as the Properties involved are all within the HO-1 Subarea, the Project does not change the underlying land use or zoning designations; and would not result in new significant impacts or a substantial more adverse impact than addressed in the PEIR.
Section 15183 of the CEQA Guidelines provides, in relevant part:
a. Projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (“EIR”) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. b. In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
i. Are peculiar to the project or the parcel on which the project would be located; ii. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent; iii. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
iv. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
c. If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.
d. This section shall limit the analysis of only those significant environmental effects for which:
Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
i. Each public agency with authority to mitigate any of the significant effects on the environment identified in the EIR on the planning or zoning action undertakes or requires others to undertake mitigation measures specified in the EIR which the lead agency found to be feasible, and ii. The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken.
e. An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan but can be found within another pertinent planning document such as a zoning ordinance.
As part of its decision-making process, the City is required to review and consider whether the Project would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the PEIR. Additional CEQA review is only triggered if the Project’s new significant impacts or impacts that are more severe than those disclosed in PEIR such that major revisions to the PEIR would be required. A detailed consistency analysis prepared by T & B Planning Inc., dated September 2026, and peer reviewed by Kimley-Horn & Associates, Inc., is attached hereto as Exhibit “C” to this resolution and hereby incorporated by reference finds the Project is consistent with the development density and use characteristics in the City’s General Plan Housing Implementation Program as analyzed by the PEIR.
SECTION 3. REQUIRED FINDINGS.
Development Agreement
Although not required pursuant to Section 15.45.020(A)(1) (Development Agreement Required) of the NBMC, a voluntary DA is requested to vest the development rights for the Project over a period of five years. The DA provides the content required in Section 15.45.040 (Development Agreement – Contents) of the NBMC as follows:
1. A voluntary development agreement is requested by the Applicant, as the Project would include a total of 78 residential units. The development agreement includes all the mandatory elements including a term of five years and public benefits that are Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
appropriate to support conveying the vested development rights consistent with the City’s General Plan, the NBMC, and Government Code Sections 65864 et seq.
2. In addition to traffic fair share fees and San Joaquin Hills Transportation Corridor Agency Fees, the Project would provide for a public benefit fee of $128,205 per residential unit (adjusted for inflation), to be paid prior to the issuance of the grading permit for any portion of the 78-unit residential development. The public benefit fee is inclusive of park and development impact fees adopted by the City pursuant to Resolution Nos. 2024-75 and 2024-83. The Project would result in a total public benefit fee of $9,999,990, before any CPI escalation is applied, assuming all 78 residential units are built.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. In accordance with Section 21083.3 of the California Public Resources Code and Section 15183 of the CEQA Guidelines, the Project is consistent with the development density, intensity, and use characteristics established by the City’s General Plan Housing Implementation Program as analyzed by the PEIR, and the required determinations can be made, as detailed in Exhibit “C”; therefore, the Planning Commission finds that no additional environmental review is required to approve the Project.
2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve the Development Agreement which is attached hereto as Exhibit “B,” and incorporated herein by reference, in compliance with Chapter 15.45 (Development Agreements) of the NBMC and California Code Section 65864 PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2026.
AYES: Ellmore, Gazzano, Reed, Rosene and Salene
NOES: None
RECUSE: Langford
ABSENT: Harris
BY:_________________________
David Salene, Chair
BY:_________________________
Greg Reed, Secretary
Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
Attachment(s): Exhibit A – Legal Description
Exhibit B – Development Agreement
Exhibit C – CEQA Consistency Analysis prepared by T&B
Planning Inc. dated September 2026
Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 79-704, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 152, PAGES 17 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AND THAT PORTION OF BACK BAY DRIVE AS SHOWN ON PARCEL MAP NO. 79-704, AS PER MAP FILED IN BOOK 152, PAGES 17 THROUGH 20, INCLUSIVE OF PARCEL MAPS,
THAT WOULD ATTACH BY OPERATION OF THE LAS TO ABUTTING PROPERTY OWNERS BY VACATION RECORDED OCTOBER 17, 1989 AS INSTRUMENT NO. 89- 558952, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND.
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND
OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE
LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK, OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED
HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS
THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR
BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED MARCH 9, 1993 AS INSTRUMENT NO. 93-0158178, INSTRUMENT NO. 93- 0158179 AND INSTRUMENT NO. 93-0158180, ALL OF OFFICIAL RECORDS.
APN: 442-011-51 AND APN: 442-011-52
PARCEL B:
PARCEL 3 OF PARCEL MAP NO. 79-704, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 152, Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
PAGES 17 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF
THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFROM
AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND,
INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM
LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND
TO REDRILL, RETUNNEL , EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED MARCH 9, 1993 AS INSTRUMENT NO. 93-0158178, INSTRUMENT NO. 93-0158179 AND INSTRUMENT NO. 93-0158180, ALL OF OFFICIAL RECORDS.
APN: 442-011-53
Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
EXHIBIT “B”
DEVELOPMENT AGREEMENT
Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207 Planning Commission Resolution No. PC2026-025
EXHIBIT “C”
CEQA CONSISTENCY ANALYSIS PREPARED BY T&B PLANNING INC. AND DATED SEPTEMBER 2026
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3287084&dbid=0&repo=CNB Attachment A – Mitigation, Monitoring, and Reporting Program (MMRP) Applicability Matrix:
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3287085&dbid=0&repo=CNB Figure 1-1 – Regional Map
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3287082&dbid=0&repo=CNB Figure 1-2 – Local Vicinity Map
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3287080&dbid=0&repo=CNB Figure 1-3 – Aerial Photograph
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3287081&dbid=0&repo=CNB Docusign Envelope ID: 61EFBB55-328F-84E8-8079-D925EFDEE207