HomeMy WebLinkAbout01 - Chapter 10_ImplementationIMPLEMENTATION
10.1 Purpose and Intent
This chapter describes the applicability the NBR -MDP, the procedures for administration and
enforcement of the NBR -MDP, the Project sequencing concept, and the sequencing of City and
Coastal Commission approvals required to implement the Project.
10.2 Applicability
All development activity within the Project Site is subject the requirements of the NBR -MDP.
10.3 Interpretations
The Community Development Director (Director) has the authority to interpret the meaning or
applicability of provisions of the NBR -MDP, including maps, and to apply and /or enforce the
NBR -MDP. All interpretations by the Director shall be issued in writing. The Director may also
refer any issue of interpretation to the Planning Commission (Commission) for input or a
determination. An interpretation made by the Director may be appealed to the Commission in
compliance with NBMC Chapter 20.64 (Appeals).
When used in the NBR -MDP, the words "shall," "must," "will," "is to," and "are to" are always
mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.
The present tense includes the past and future tenses; and the future tense includes the present.
The singular number includes the plural number, and the plural the singular, unless the common
meaning of the word indicates otherwise. The words "includes" and "including" shall mean
"including, but not limited to."
10.4 Severability
If any portion of the NBR -MDP is, for any reason, declared by a court of competent jurisdiction to
be invalid or ineffective in whole or in part, such decision shall not affect the validity of the
remaining portions of the NBR -MDP. The NBR -MDP and each portion thereof would have been
approved by the City Council irrespective of the fact that one or more portions may be declared
invalid or ineffective.
Newport Banning Ranch 10 -1
mdp chapter 10, implementation 08.19.11 final.docx • August 1s, 2011
MASTER DEVELOPMENT PLAN
10.5 Enforcement
Any use or development established as a result of a permit or plan approved pursuant to the
approved NBR -MDP, but not in compliance with all such conditions, requirements, and standards
of the NBR -MDP will be in violation of the NBR -MDP. The provisions of Chapter 20.68,
"Enforcement," of the NBMC are applicable to all activities within the Project Site.
10.6 Development Activities Allowed Pursuant to City Approval of
the NBR -MDP
10.6.1 Allowable Activities Following Approval of the NBR -MDP- Subsequent Site
Development Review Not Required
Following approval by the City of the Master Development Plan the following development
activities are permitted subject to approval of TTM No. 17308, included as Appendix E, and any
required permits from local, State (including Coastal Commission), and Federal agencies with
permitting jurisdiction over the activity. Approval of Site Development Review by the City is not
required for these allowed development activities.
1. Remediation activities within the entire Project Site pursuant to a Final Remediation Action
Plan approved by appropriate state and local agencies;
2. Rough grading within the entire Project Site including bluff /slope restoration and remedial
grading to address geotechnical and soils issues, as depicted on approved TTM No. 17308,
included as Appendix E of the NBR -MDP;
3. Construction of all public roadways, utilities, and backbone drainage and infrastructure
improvements as depicted on approved TTM No. 17308, included as Appendix E of the
NBR -MDP;
4. Limited clearing and grading within the Open Space Preserve required for restoration of
permanent open space areas and creation of habitat mitigation areas for future restoration,
creation of trails, remediation of arroyo drainage courses and other eroded areas, and water
treatment areas associated with approved water quality management plans, and for selective
bluff /slope restoration and mitigation, all consistent with the Habitat Restoration Plan
included as Appendix A of the NBR -MDP;
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IMPLEMENTATION
5. Implementation of the Habitat Restoration Plan within the Open Space Preserve included as
Appendix A of the NBR -MDP to implement project design features and mitigate for impacts
of the NBR -MDP;
6. Consolidation of oil production facilities into the Consolidated Oil Sites which are activities
regulated by DOGGR;
7. Environmental protection measures required by the Habitat Restoration Plan, Appendix A of
the NBR -MDP, the NBR- EIR, State and Federal Resource Agencies, and /or Coastal
Commission; and
8. Implementation of the Fuel Management Plan components of the Fire and Life Safety
Program (Appendix B) that lie within and adjacent to public road rights -of -way and within
Fire Management Zone "C" areas as depicted in Appendix B.
Those areas of the Project Site within which development may proceed pursuant to approval of
the NBR -MDP with no additional Site Development Review approvals are illustrated on Exhibit
10 -1, "Master Entitlements and Subsequent Approvals Map."
10.6.2 Activities Requiring Subsequent Site Development Review Approval
Following approval by the City of the NBR -MDP the following development activities are
permitted within the Project Site subject to recordation of Final Map No. 17308 and any
subsequent subdivision map(s), approval by the City of Site Development Review pursuant to
NBR -PC Section 4.5, "Site Development Review," any additional local required permits, and any
permits from State (including Coastal Commission), and Federal agencies with permitting
jurisdiction over the activity:
1. Construction of residential, commercial, and visitor serving resort uses in all Villages and
Colonies;
2. Construction of Bluff Parks and Interpretive Parks; and
3. Construction of the Community Park.
Those areas of the Project Site within which development may proceed pursuant to approval of
the NBR -MDP and additional Site Development Review approvals are illustrated on Exhibit 10 -1,
"Master Entitlements and Subsequent Approvals Map."
Newport Banning Ranch 10 -3
MASTER DEVELOPMENT PLAN
10.7 Coastal Development Permit
10.7.1 Master Development Permit
Following City approval of the NBR -MDP, the Developer shall submit the approved NBR -MDP to
the California Coastal Commission as application for approval of a Master Coastal Development
Permit. Development activities allowed subject to approval of a Master Coastal Development
Permit (MCDP) by the California Coastal Commission shall include the activities described in
NBR -MDP Section 10.6.1 and those activities listed in NBR -MDP Section 10.6.2 which are also
described in NBR -MDP Chapter 3 as a Project Development Plan. Project Development Plans are
those plans within NBR -MDP Chapter 3 with a sufficient level of detail for the Coastal
Commission to approve the development plan as a construction level site plan as listed below:
1. Open Space Preserve Project Development Plan;
2. North Family Village Project Development Plan;
3. South Family Village Project Development Plan and Pedestrian Bridge across West Coast
Highway;
4. North Bluff Park Project Development Plan;
5. South Bluff Park Project Development Plan;
6. Urban Colony Project Development Plan for Site Planning Area 12a;
7. Resort Colony Project Development Plan for Site Planning Area 13b; and
8. Community Park Project Development Plan.
Exhibit 10 -1 "Master Entitlements and Subsequent Approvals Map," depicts the areas within the
Project Site which may be developed pursuant to approval by the Coastal Commission of the
MCDP.
10.7.2 Additional Coastal Development Permit(s)
Additional Coastal Development Permit approval shall be required for those activities described
in NBR -MDP Chapter 3 as Conceptual Development Plans. Conceptual Development Plans are
not sufficiently detailed to serve as construction level plans, however they may be approved as a
suitable land use as part of the approval of the NBR -MCDP by the California Coastal Commission.
Conceptual Development Plans included within NBR -MDP Chapter 3 are listed below:
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IMPLEMENTATION
Urban Colony Conceptual Development Plan for Site Planning Area 12b; and
2. Resort Colony Conceptual Development Plan for Site Planning Area 13a.
Exhibit 10 -1, 'Master Entitlements and Subsequent Approvals Map," depicts the areas within the
Project Site which require additional Coastal Commission approval of a CDP.
Following City approval of Site Development Review for the activities included as a Conceptual
Plan in the NBR -MDP, a corresponding Project CDP application will be filed with the Coastal
Commission for their review and approval.
10.7.3 Authorization for City to Issue Construction -Level Permits as part of MCDP
The MCDP shall authorize the City to be the final review authority for any subsequent planning
development permits and construction level permits, as required by the NBR -PC, for
implementation of those activities described in Section 10.6 of the NBR -MDP and within the areas
illustrated on Exhibit 10 -1, without additional Coastal Development Permits, provided the
subsequent permits are consistent with the NBR -MDP Project Development Plans. Subsequent
required planning development permits and construction level permits shall include, but are not
limited to, Site Development Review, Use Permits, Final Tract Maps, final grading permits, model
home permits, building permits, and other required permits.
10.7.4 Final Maps, Planning and Construction Permits
Following Coastal Commission approval of the MCDP and additional CDPs and prior to
commencement of development activities the Developer shall obtain final construction permits,
final subdivision maps and any other required City, state and Federal permits as required for the
development activity.
Newport Banning Ranch 10 -5
MASTER DEVELOPMENT PLAN
10.8 Sequencing Concept
10.8.1 Overview
Development of the Villages and Colonies and Parklands within the NBR -MDP shall be
implemented to respond to market conditions at the time of development and will be coordinated
with the implementation of environmental and public- benefit activities. Implementation of
environmental and public benefit activities shall precede development of Villages and Colonies
and include, but are not limited to oilfield clean -up and remediation, oil facility consolidation,
habitat protection, restoration and /or mitigation, public roadway and infrastructure construction,
sequenced dedication of public open space and community parks, improvement of public trails,
bluff parks, interpretive parks, and other public improvements as required by the NBR -EIR, NBR
Master Coastal Development Permit (CDP), NBR Pre - Annexation Agreement and Development
Agreement (Development Agreement) and TTM No. 17308.
Development will be sequenced generally from south to north within the Project Site as illustrated
on Exhibit 10 -2, "Conceptual Sequencing for Villages, Colonies, and Parklands."
10.8.2 Oilfield Consolidation, Clean -up, and Remediation
Oilfield consolidation, clean -up, remediation and habitat restoration within the boundaries of a
Village, Colony or Parkland shall be completed prior to grading for the development of any new
land uses within these areas. Oilfield consolidation, clean -up remediation, and habitat restoration
within the Open Space Preserve shall be completed as defined in the Habitat Restoration Plan.
10.8.3 Rough and Precise Grading and Bluff /Slope Restoration
Rough and precise grading, including required restoration of bluffs and slopes, remedial grading
and over excavation shall precede the construction of public roadways and infrastructure, habitat
restoration within the Open Space Preserve (a portion of the habitat restoration within the Open
Space Preserve as defined by the HRP will occur prior to commencement of any Project grading
activities), improvements within the North and South Bluff Parks and the Interpretive Parks, and
public and private land use development. This includes habitat restoration within the Open
Space Preserve, as well as the construction of public roadways and infrastructure and land use
improvements within the North Bluff Parks and the Interpretive Parks. Oil field consolidation,
and a portion of the clean -up and remediation will occur prior to grading, as defined by the
Remediation Action Plan.
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IMPLEMENTATION I
10.8.4 Public Roadways and Infrastructure
Construction of public roadways and infrastructure shall begin in the southern portion of the
Project Site, and proceed generally from south to north. The timing for construction of public
roadways and infrastructure will occur pursuant to the requirements of the NBR -EIR, TTM No.
17308, and the NBR Development Agreement.
10.8.5 Restoration and Dedication of Open Space Preserve /Dedication of
Interpretative Trails
Habitat restoration and creation within the Open Space Preserve shall be conducted in
accordance with the NBR -EIR Mitigation Monitoring Program, the NBR Habitat Restoration Plan
(NBR -MDP Appendix A), and the requirements of State and Federal Resource Agencies and the
Coastal Commission. Dedication of the Open Space Preserve and trails shall be implemented to
correspond with the sequencing of the completion of the Villages and Colonies, generally from
south to north. The bluff trail will be implemented and dedicated for public use as the adjacent
Villages and Colonies are completed. The trails in the Open Space Preserve will be dedicated for
public use as defined by the restoration program outlined in the Habitat Restoration Plan and
pursuant to the requirements of TTM No. 17308.
The Open Space Preserve may be divided into smaller geographic subareas by future Tentative
and Final Tract Maps, Parcel Maps, and metes and bounds or other accepted land conveyance
descriptions to allow for sequenced fee dedications, easements, and /or other conservation
protections to facilitate implementation of the Open Space Preserve.
10.8.6 Sequencing of Villages, Colonies, and Parklands
Development of the Villages and Colonies and Parklands within the NBR -MDP shall be
implemented to respond to market conditions at the time of development and will be coordinated
with the implementation of environmental and public- benefit activities. Development will occur
generally from south to north.
Newport Banning Ranch 10 -7
MASTER DEVELOPMENT PLAN
10.8.7 Improvement and Dedication of Parklands
Public park lands, trails, and other recreation facilities will be improved and dedicated for public
use as described below.
1. Bluff Parks
The South and North Bluff Park shall be improved as part of the development of the adjacent
Village or Colony as depicted on Exhibit 10 -1. These parks will be owned -in -fee by an HOA, and
will be protected in perpetuity for public use by the dedication of public recreation and /or open
space easements.
2. Interpretive Parks
The Nature Center and Vernal Pool Interpretive Area") shall be improved as part of the Project as
outlined in the NBR -EIR and Habitat Restoration Plan and as depicted on Exhibit 10 -1. These
Interpretive Parks will be owned -in -fee by an HOA and /or a qualified non - profit entity, and will
be protected in perpetually for public use by the dedication of public recreation and /or open
space easements. The Talbert Staging Area will be improved in conjunction with the Open Space
Preserve restoration and will be owned and protected for public use in the same manner as the
adjacent Open Space Preserve.
3. Community Park
The public Community Park shall be improved as part of the Project and dedicated to the City in
accordance with the conditions of approval of TTM No. 17308 and the requirements of the NBR-
Development Agreement.
4. Pedestrian Bridge over West Coast Highway
The developer shall construct a pedestrian bridge over West Coast Highway, as part of the Project
provided all approvals can be obtained from Caltrans and other public agencies with jurisdiction
over this bridge. Construction of the bridge shall sequenced with the Villages and Colonies to
respond to market conditions.
The Vernal Pool (SPA td) will be owned and protected in the same manner as other Upland Habitat
Conservation, Restoration, and Mitigation Site Planning Areas within the Open Space Preserve as defined
in the Habitat Restoration Plan.
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IMPLEMENTATION
10.9 Site Development Review
City approval of Site Development Review shall be required for the following development
activities within the NBR -MDP:
Construction of Residential, commercial, and visitor - serving resort uses in all Villages and
Colonies; and
2. Construction of Bluff Parks, Interpretive Parks, and the Community Park.
Applications for Site Development Review shall be filed and reviewed in accordance with the
provisions of NBR -PC Section 4.5., "Site Development Review." Exhibit 10 -1 "Master
Entitlements and Subsequent Approvals Map," depicts the areas within the Project Site which
require City approval of Site Development Review.
10.10 Applicability and Implementation of Design Guidelines
Adoption of the NBR -MDP includes adoption of the design guidelines contained in Chapter 6,
"Architectural Design Guidelines," of the NBR -MDP, which shall be the sole architectural design
criteria by which development projects within the Project Site are reviewed and approved. The
Design Guidelines are intended to be flexible in nature while establishing basic evaluation criteria
for the review by the City of development projects during Development Plan Review, subdivision
review, and review of any other applicable development applications determined by the Director
to be necessary as part of the submittal of project applications. These guidelines consist of
architecture, color palettes and other design factors that relate to the setting, open space and
project location. Refinements to architectural design guidelines described in Chapter 6, are
permitted provided such refinements remain consistent with the regulations and standards set
forth in the NBR -PC.
10.11 Use Permits
City approval of a use permit shall be required for certain uses within the NBR -MDP in
accordance with NBR -PC Section 3.13.11, "Allowable Uses." Applications for Use Permits shall
be submitted and reviewed in accordance with the provisions of NBR -PC Section 4.9, "Use
Permits.'
Newport Banning Ranch 10 -9
MASTER DEVELOPMENT PLAN
10.12 Minor Modifications
The following are considered minor modifications to the NBR -MDP including Exhibit 1-4, "Site
Planning Areas Map," Exhibit 3 -1, "Master Development Plan," and Exhibit 3 -2, "Master
Development Table."
10.12.1 Land Use Acreage Refinements
A change in the Site Planning boundary lines as illustrated on Exhibit 1 -4 "Site Planning Areas
Map," and corresponding change in the Gross Acres for the respective Site Planning Area as
described on Exhibit 1 -5, "Site Planning Areas Table," of up to fifteen percent (15 %) are permitted
as part the approval of either a Site Development Review, or subdivision map application
submitted for the Site Planning Area, provided the refinement(s) to Gross Acres does not result in:
A reduction in the total area allocated to the Lowland Open Space /Public Trails and Facilities
District to less than 115 gross acres;
2. A reduction in the total area allocated to the Upland Open Space/Public Trails and Facilities
District to less than 85 gross acres;
3. A reduction in the total area allocated to the Public Parks /Recreation District to less than 28
gross acres;
4. The total area within the Project Site boundaries exceeding 401.1 gross acres;
5. Less than two roadway access points from North Bluff Road into the North Family Village;
and /or
6. Less than two roadway access points into both the South and North Family Village.
10.12.2 Transfer of Residential Dwelling Units
A change in the number of residential dwelling units for any Site Planning Area as described
on Exhibit 1 -5, "Site Planning Areas Table," resulting from a transfer of residential dwelling
units from one Site Planning Area to another, is permitted as part of the approval of a Site
Development Review provided:
a. The transfer does not result in an increase of more than fifteen percent (15 %) in the total
number of dwelling units described on Exhibit 1 -5, "Site Planning Areas Table," for the
Site Planning Area receiving additional dwelling units;
b. The total number of dwelling units for the Project Site does not exceed 1,375;
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IMPLEMENTATION
c. All dwelling units planned within the Site Planning Area can be developed in
accordance with the applicable development regulations established in NBR -PC
Chapter 3, "Land Use and Development Regulations," for the housing types planned for
development;
d. A traffic analysis performed by the City's Traffic Engineer evaluating the total number of
PM peak hour trips that would be generated by development allowed with and without
the transfer concludes that there would not be any greater traffic impact generated as a
result of the transfer than would be generated without the transfer. Trip generation rate
shall be based on standard trip generation values in the current version of ITE's "Trip
Generation," unless the Traffic Engineer determines that other rates are more valid for
the uses involved in the transfer;
e. The total number of dwelling units within the Urban Colony does not exceed 730; and
A corresponding subdivision map is approved by the City if the transfer results in a
change to any previously approved subdivision map.
10.12.3 Additional Minor Modifications
The following constitute additional allowable minor modifications to the NBR -MDP, which may
be approved as part of Site Development Review or subdivision review:
1. Change in utility or public service provider as described in NBR -MDP Chapter 8, "Master
Roadway and Infrastructure Plans;"
2. Change in roadway alignment of any roadway illustrated on the "Master Roadway Plan" of
the NBR -MDP when the change results in a centerline shift of 150 feet or less;
3. Change to roadway sections as described in NBR -MDP Chapter 8, "Master Roadway and
Infrastructure Plans;
4. Refinements to the Architectural Design Guidelines pursuant to Section 10.10;
5. Refinements to the mix, distribution, and design of architectural products with as a part of
subsequent Site Development Review and construction drawings provided that:
a. The character and style of the architecture remains consistent with the intent of the
Project's architectural style;
b. The nominal lot size dimensions and nominal building square footages do not exceed
20% of the original architecture proposed within the Site Planning Area; and
Newport Banning Ranch 10 -11
MASTER DEVELOPMENT PLAN
c. All applicable development regulations and standards set forth in the NBR -PC are
complied with.
10.12.4 Applications for Minor Modifications
Applications for minor modifications to the NBR -MDP shall include the following
information:
a. Text revisions to the NBR -MDP submitted to the City in a "track changes" format to note
the insertion(s) and /or deletion(s) of text for each changed page;
b. Revised applicable NBR -MDP exhibit(s) reflecting the proposed change(s) and in the
case of land use acreage refinements or transfer of residential dwelling unit, a revised
Site Planning Areas Table;
c. A summary of: (1) the number of dwelling units, commercial square footage, and
overnight accommodations previously approved on all Tentative and all recorded Final
Tract Maps; and (2) the number of dwelling units, commercial square footage, and
overnight accommodations under construction or completed /occupied at the time of the
proposed minor modification;
d. Identification of the ownership of the Site Planning Area(s) to be affected by the minor
modification;
e. Analysis of consistency with the NBR -PC; and
f. Any additional background and /or supporting information which the Director deems
necessary.
10.12.5 Review of Applications for Minor Modifications
Applications for minor modifications shall be reviewed in conjunction with a development
application for a Site Development Review and /or a subdivision map approval. The review
authority for a minor modification to the NBR -MDP shall be the same review authority as
established in the NBR -PC with authority to approve or conditionally approve the development
application being considered in conjunction with a request for a minor modification.
10 -12 mdp chapter 10, implementation 08.19.11 final.docx • August 19, 2011
IMPLEMENTATION
10.13 Amendments to the NBR -MDP
All proposed changes to the NBR -MDP other than those identified in Section 10.12, "Minor
Modifications," shall be considered amendments to the NBR -MDP and shall be reviewed in
accordance with the provisions of NBR -PC Section 4.4 "Master Development Plan."
10.14 Amendments to the Master CDP
Amendments to the MCDP are considered to be those changes considered as amendments to the
NBR -MDP pursuant to NBR -MDP Section 10.13. Following City approval of any amendment to
the NBR -MDP a corresponding application for an amendment to the MCDP shall be submitted for
approval to the California Coastal Commission.
Newport Banning Ranch 10 -13
MASTER DEVELOPMENT PLAN
10.15 Subdivision Map
10.15.1 Tentative Tract Map No. 17308
Tentative Tract Map (TTM) No. 17308, included as Appendix E, is the implementing subdivision
map for the NBR -MDP. TTM No. 17308 describes the subdivision of the Project Site into lots for
public dedication or conveyance, fee and condominium lots for residential development and
conveyance to home - buyers, and /or for financing and conveyance to builders which may also be
further subdivided for the development of conventional fee lots, planned developments, and /or
condominiums. TTM No. 17308 also describes the plan for grading and bluff restoration,
roadways, infrastructure, and other public improvements to serve the subdivision.
TTM No. 17308 is prepared in conformance with the State Subdivision Map Act, the City of
Newport Beach Subdivision Ordinance, and Section 4.7, "Subdivision Maps," of the NBR -PC.
TTM No. 17308 defines and delineates:
1. Numbered lots;
2. Lettered lots;
3. Easements for public trails, public utilities, and other improvements;
4. Public streets; and
5. Backbone infrastructure facilities.
Numbered lots are used for residential, resort, commercial, and park development areas to
include habitable buildings /structures. Lettered lots are used for open space and landscape areas
where no habitable structures are allowed and include habitat restoration areas, buffers, drainage
management areas, fire management zones, enhanced parkways, and common planting areas,
and similar open space/landscape purposes. The lotting and street layouts correspond with and
reflect the lotting pattern and street pattern shown on the NBR -MDP.
Site Planning Areas illustrated on the NBR -MDP for public interpretive trails within the Open
Space Preserve are a minimum of 20 feet in width to accommodate 10- foot -wide easements for
the public interpretive trails. The wider Site Planning Areas are provided to allow meandering of
the 10- foot -wide interpretive trail easements in order to avoid or minimize impacts on wetlands
and sensitive habitats.
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IMPLEMENTATION
TTM No. 17308 also shows the location and design of sewer mains, water mains, storm drains,
storm water detention basins, and water quality treatment basins. Typical street cross - sections,
land use tables, Standard Plan deviations, and notes pertinent to the subdivision are also included
on TTM No. 17308.
10.15.2 Final Map No. 17308
One or more Final Tract Maps shall be prepared and recorded in substantial conformance with
approved TTM No. 17308.
Newport Banning Ranch 10 -15
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