HomeMy WebLinkAbout0.3_PC Development Plan_PA2008-114vEw Pnlri
I OVA 77A
• •
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
3300 NEWPORT BOULEVARD, BLDG. C
NEWPORT BEACH, CA 92658 -8915
(949) 644- 3200
To: Planning Commission
From: Patrick J. Alford, Planning Manager
Date: February 3, 2012
Re: NBR Planned Community Development Plan
Attached is a copy of the proposed Newport Banning Ranch Planned Community Development
Plan (NBR -PC). The proposed NBR -PC is being distributed now so that the Commission will
have the opportunity to review it prior to the February 23, 2012 study session on land uses,
property development regulations, and architectural guidelines. The proposed NBR -PC and
the proposed Master Development Plan (distributed on January 23, 2012) will serve as the
main source of information for the study session.
The NBR -PC would serve as the zoning regulations for the project site, should the project be
approved and annexed to the City. The NBR -PC establishes (1) allowable land uses within
each land use district, (2) development regulations for each land use district, (3) general
development regulations applicable to all development within the Project site, (4) a plan for
circulation and infrastructure facilities to serve development, and (5) procedures for
implementing and administering the NBR -PC.
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NEW PORTBAN NINCRANCHi
PLANNED COMMUNITY DEVELOPMENT PLAN
A P P L I C A N T Newport Banning Ranch LLC
1300 Quail Street, Suite 100
Newport Beach, CA 92660
■ Michael A. Mohler, Managing Director
Tel: (949) 833 -0222
D E S I G N TEAM • FORMA Design
Planners & Landscape Architects
• FUSCOE Engineering
Civil & Water Quality Engineers
• Glenn Lukas Associates
Terrestrial & Wetlands Biologists
• Robert Hidey Architects
Building Architects
• Bassenian- Lagoni Architects
Building Architects
❑ Studio SA
Green & LEED Consultants
® CTG Energetics, Inc.
Green & Sustainable Solutions
A U C U S T
■ LSA Associates, Inc.
Traffic Engineering & Cultural Resources
■ Geosyntec Consultants
Oil Site Remediation
■ Firesafe Planning
Fire Safety Solutions
Submitted to:
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92658
A
'(W Is t
Submitted by:
Newport Banning Ranch LLC
APPLICANT
Newport Banning Ranch LLC
1300 Quail Street, Suite 100
Newport Beach, CA 92660
Michael A. Mohler, Managing Director
Tel: (949) 833 -0222
DESIGN TEAM
FORMA Design
Planners & Landscape Architects
Fuscoe Engineering
Civil and Water Quality Engineers
Glenn Lukos Associates
Terrestrial and Wetlands Biologists
Robert Hidey Architects
Building Architects
Bassenian - Lagoni Architects
Building Architects
Studio SA
Green & LEED Consultants
CTG Energetics, Inc.
Green & Sustainable Solutions
LSA Associates, Inc.
Traffic Engineers & Cultural Resources
Geosyntec Consultants
Oil Site Remediation
Firesafe Planning
Fire Safety Solutions
TABLE OF CONTENTS
1 INTRODUCTION
1.1 Project Location .................................................................................. ............................... 1 -1
1.2 Purpose, Authority, and Applicability
of the Planned Community Development Plan ............................ ............................... 1 -1
1.2.1 Purpose ....................................................................................... ............................1 -1
1.2.2 Authority .................................................................................... ............................1 -1
1.2.3 Applicability ............................................................................... ............................1 -1
1.3 Relationship to the Municipal Code ................................................... ............................... 1 -2
1.4 Relationship to the California Coastal Act ........................................ ............................... 1 -2
1.5 Severability .............................................................................................. ............................1 -2
1.6 Organization of the NBR- PC .............................................................. ............................... 1 -3
2 DEVELOPMENT PLAN
2.1
Purpose and Intent .............................................................................. ............................... 2 -1
2.2
Development Plan ................................................................................ ............................... 2 -1
2.2.1 Planned Community Land Use Districts ................................. ...............................
2 -1
2.2.2 Planned Community Development Table ............................... ...............................
2 -2
2.3
Open Space Districts ........................................................................... ............................... 2 -3
2.3.1 Lowland Open Space /Public Trails and Facilities District (LOS /PTF) .................
2 -3
2.3.2 Upland Open Space/Public Trails and Facilities District (UOS /PTF) ...................
2 -3
2.3.3 Interim Oil Facilities District (OF) ......................................... ...............................
2 -3
2.4
Public Parks/Recreation Districts ...................................................... ............................... 2 -4
2.4.1 Community Park District ( CP) ................................................ ...............................
2 -4
2.4.2 Bluff Park District (BP) .......................................................... ...............................
2 -4
2.4.3 Interpretive Parks District ( IP) ................................................ ...............................
2 -4
2.5
Visitor - Serving Resort /Residential District ( VSR/ R) ....................... ............................... 2 -5
2.6
Residential Districts ............................................................................. ............................... 2 -6
2.6.1 Low Density Residential District (RL) ................................... ...............................
2 -6
2.6.2 Low - Medium Density Residential District ( RL/ M) ................ ...............................
2 -6
2.6.3 Medium Density Residential District (RM) ............................ ...............................
2 -6
2.6.4 Mixed- Use/Residential District ( MU/ R) ................................. ...............................
2 -7
2.7
Circulation ........................................................................................... ............................... 2 -8
2.7.1 Roadway Plan ......................................................................... ...............................
2 -8
2.7.2 Project Entries and Off -Site Improvements ............................ ...............................
2 -8
2.7.3 Traffic- Calming Design Features .......................................... ...............................
2 -10
2.7.4 Internal Project Roadways .................................................... ...............................
2 -10
2.8
Infrastructure and Utilities ............................................................... ............................... 2 -13
2.8.1 Water Facilities Plan ............................................................. ...............................
2 -13
2.8.2 Wastewater Facilities Plan .................................................... ...............................
2 -13
2.8.3 Drainage Facilities ................................................................ ...............................
2 -13
2.8.4 Public Utilities and Services ................................................. ...............................
2 -14
Newport Banning Ranch Planned Community Development Plan
pc_table_of contents_ 08.19.11_11nal.doc • June 30, 2011 1
Table of Contents (continued)
3 LAND USE AND DEVELOPMENT STANDARDS
3.1
Purpose and Intent .............................................................................. ............................... 3 -1
3.2
General Site Development Regulations ............................................. ...............................
3 -1
3.2.1 Oil Operations ......................................................................... ...............................
3 -1
3.2.2 Grading Plans .......................................................................... ...............................
3 -2
3.2.3 Public Infrastructure and Utilities ........................................... ...............................
3 -2
3.2.4 Provision of Telecommunication Infrastructure ..................... ...............................
3 -2
3.2.5 Solid Waste and Recyclable Materials Storage ....................... ...............................
3 -2
3.2.6 Model Home Complexes ......................................................... ...............................
3 -3
3.2.7 Fence, Hedge, Wall, and Retaining Wall Regulations ............ ...............................
3 -3
3.3
Landscape Regulations ....................................................................... ...............................
3 -4
3.4
Lighting Regulations .............................................................................. ............................3
-5
3.4.1 General Lighting Standards and Regulations .......................... ...............................
3 -5
3.4.2 Outdoor Lighting Standards for Commercial Uses
in the MU /R and VSR/R Land Use Districts ....................... ...............................
3 -5
3.4.3 Outdoor Lighting Standards for Multi - Family Residential Uses ...........................
3 -6
3.4.4 Outdoor Lighting Standards for Sports and Athletic Playing Fields
in the CP Land Use District ................................................. ...............................
3 -6
3.4.5 Outdoor "Dark Sky" Lighting Standards ................................ ...............................
3 -6
3.4.6 Design Standards for HOA- Maintained Outdoor Lighting
in all Land Use Districts ...................................................... ...............................
3 -7
3.4.7 Exemptions from Outdoor Lighting Requirements ................. ...............................
3 -7
3.5
Community Master Sign Program ..................................................... ...............................
3 -8
3.5.1 Community Master Sign Program Contents ........................... ...............................
3 -8
3.5.2 Signs not Included in the Community Master Sign Program .. ...............................
3 -8
3.6
Green and Sustainable Regulations ................................................... ...............................
3 -9
3.7
Parking Regulations ............................................................................ ...............................
3 -9
3.7.1 Preferential Parking for Carpools and Rideshare .................... ...............................
3 -9
3.8
Fire and Life Safety Requirements .................................................. ...............................
3 -10
3.8.1 Requirement for Fire and Life Safety Program ..................... ...............................
3 -10
3.8.2 Alternate Materials and Methods .......................................... ...............................
3 -10
3.8.3 Fire Restrictions in CC &Rs .................................................. ...............................
3 -10
3.8.4 Use of Fire and Life Safety Program .................................... ...............................
3 -10
3.9
Allowable Land Uses ......................................................................... ...............................
3 -11
3.9.1 Purpose and Intent ................................................................. ...............................
3 -11
3.9.2 Permitted Uses ...................................................................... ...............................
3 -11
3.9.3 Conditionally Permitted Uses ............................................... ...............................
3 -11
3.9.4 Special Event Uses ................................................................ ...............................
3 -11
3.9.5 Limited Duration Uses .......................................................... ...............................
3 -12
3.9.6 Uses Not Listed ..................................................................... ...............................
3 -12
3.9.7 Legal Non - Conforming Uses ................................................ ...............................
3 -12
3.9.8 Allowable Uses ................ ....................................................................................
3 -13
3.10
Open Space District Regulations ...................................................... ...............................
3 -17
3.10.1 Purpose and Intent ................................................................. ...............................
3 -17
3.10.2 Site Development Standards ................................................. ...............................
3 -17
Newport
Banning Ranch Planned Community Development Plan
pc_table_of contents_
08.19.11_final.doc • August 19, 2011
ii
Table of Contents (continued)
3.11
Public Parks/Recreation District Regulations ................................ ...............................
3 -18
4.3
3.11. t
Purpose and Intent ................................................................. ...............................
3 -18
4.3.1 Interpretation ........................................................................... ...............................
3.11.2
CP District, BP District, and IP District Regul ations ............ ...............................
3 -18
3.12
Visitor - Serving Resort/Residential Regulations ............................. ...............................
3 -19
4 -2
3.12.1
Purpose and Intent ................................................................. ...............................
3 -19
3.12.2
Visitor - Serving Resort/Residential District Regulations ...... ...............................
3 -19
3.13
Residential Development Regulations ............................................. ...............................
3 -21
4.4.4 Findings for Approval of a Master Development Plan ........... ...............................
3.13.1
Purpose and Intent ................................................................. ...............................
3 -21
3.13.2
Low Density Residential District, Low - Medium Density Residential District,
4 -5
4.4.6 Requirement for Site Development Review ............................ ...............................
Medium Density Residential District, Visitor - Serving Resort/Residential District,
4.5
Site Development Review .................................................................... ...............................
4 -6
and Mixed - Use /Residential District Regulations .................. ...............................
3 -21
4 -6
3.13.3
HOA Recreation Facility Regulations .................................. ...............................
3 -22
3.14
Commercial Regulations ................................................................... ...............................
3 -34
3.14.1
Purpose and Intent ................................................................. ...............................
3 -34
Modification Permits ........................................................................... ...............................
3.14.2
Mixed -Use /Residential District, the Visitor - Serving Resort/Residential District,
4.6.1 Purpose ....................................................................................... ............................4
-7
Low - Medium Density Residential District, and
4.6.2 Applications, Allowable Modifications, and Application Review .........................
4 -7
4.7
Medium Density Residential District Regulations ................ ...............................
3 -34
3.15
Mixed -
Use /Residential Regulations ................................................. ...............................
3 -38
3.15.1
Purpose and Intent ................................................................. ...............................
3 -38
3.15.2
Mixed - Use /Residential District Regul ations ......................... ...............................
3 -38
3.15.3
Vertical Mixed -Use Development Regulations .................... ...............................
3 -39
3.15.4
Live -Work Residences Development Regulations ............... ...............................
3 -41
3.15.5
Outdoor Storage, Display, and Activities .............................. ...............................
3 -41
4 IMPLEMENTATION AND ADMINISTRATION
4.1 Purpose and Intent .............................................................................. ............................... 4 -1
4.2
Development Permits Required ......................................................... ...............................
4 -1
4.3
Interpretation and Enforcement ........................................................ ...............................
4 -1
4.3.1 Interpretation ........................................................................... ...............................
4 -1
4.3.2 Enforcement ............................................................................... ............................4
-1
4.4
Master Development Plan ................................................................... ...............................
4 -2
4.4.1 Purpose and Intent ................................................................... ...............................
4 -2
4.4.2 Contents of a Master Development Plan ................................. ...............................
4 -2
4.4.3 Review Authority and Application Review ............................ ...............................
4 -4
4.4.4 Findings for Approval of a Master Development Plan ........... ...............................
4 -4
4.4.5 Development Activities Permitted
Pursuant to Master Development Plan Approval .................... ...............................
4 -5
4.4.6 Requirement for Site Development Review ............................ ...............................
4 -5
4.5
Site Development Review .................................................................... ...............................
4 -6
4.5.1 Purpose and Intent ................................................................... ...............................
4 -6
4.5.2 Applicability ............................................................................... ............................4
-6
4.5.3 Application Review ................................................................. ...............................
4 -6
4.5.4 Review Authority .................................................................... ...............................
4 -7
4.6
Modification Permits ........................................................................... ...............................
4 -7
4.6.1 Purpose ....................................................................................... ............................4
-7
4.6.2 Applications, Allowable Modifications, and Application Review .........................
4 -7
4.7
Subdivision Map Applications ............................................................ ...............................
4 -7
Newport Banning Ranch
pe_table_of contents_ 08.19.11_final.doc . August 19, 2011
Planned Community Development Plan
iii
Table of Contents (continued)
4.8
Coastal Development Permit .............................................................. ............................... 4 -8
4.9
Use Permits .......................................................................................... ...............................
4 -9
4 -12
4.9.1 Purpose ....................................................................................... ............................4
-9
4.11.3
4.9.2 Review Authority and Application Review ............................ ...............................
4 -9
4.10
Limited Term Permits ......................................................................... ...............................
4 -9
Effective Date, Time, Time Limits, and Extension ............... ...............................
4.10.1 Purpose ....................................................................................... ............................4
-9
4 -13
4.10.2 Applicability ............................................................................... ............................4
-9
4.12 Variances
4.10.3 Uses Exempt from Requirements .......................................... ...............................
4 -10
-12
4.10.4 Uses Allowed Subject to a Limited Term Permit ................. ...............................
4 -10
4 -14
4.10.5 Application Filing, Processing, and Review ......................... ...............................
4 -10
4.11
Model Home Complex Permit .......................................................... ...............................
4 -11
4.11.1
4.12.1 Purpose ...................................................................................... ...........................4
Intent ..................................................................................... ...............................
4 -11
4.11.2
4 -12
Application .................. ........................ ............. ........... ............. . .......... ............. ....
4 -11
4.11.3
Review Authority and Application Review .......................... ...............................
4 -11
4.11.4
4.13.2 Applications and Review of Community Master Sign Program ..........................
Effective Date, Time, Time Limits, and Extension ............... ...............................
4 -11
4.11.5
4 -13
Structures and Facilities Permitted with a Model Home Complex Permit ..........
4 -12
4.12 Variances
............................................................................................ ...........................4
-12
5 DEFINITIONS OF TERMS /ACRONYMS
5.1 Definitions of Terms ............................................................................ ............................... 5 -1
5.2 Definitions of Acronyms ...................................................................... ............................... 5 -9
Newport Banning Ranch
pc_table_of contents_ 08.19.11_final.doc • August 19, 2011
Planned Community Development Plan
iv
4.12.1 Purpose ...................................................................................... ...........................4
-12
4.12.2 Applications and Review of Variance Requests ................... ...............................
4 -12
4.13
Community Master Sign Program ................................................... ...............................
4 -13
4.13.1 Approval of Community Master Sign Program .................... ...............................
4 -13
4.13.2 Applications and Review of Community Master Sign Program ..........................
4 -13
4.14
Zoning Clearances ............................................................................. ...............................
4 -13
4.14.1 Purpose ...................................................................................... ...........................4
-13
4.14.2 Applicability .............................................................................. ...........................4
-13
4.14.3 Applications and Review ...................................................... ...............................
4 -14
4.15
Application of Residential Densities ................................................ ...............................
4 -14
4.16
Land Use District Acreage Refinement, Transfer of Residential Dwelling Units
and Transfer of Commercial Area ................................................... ...............................
4 -14
4.17
Minor Modif ications .......................................................................... ...............................
4 -15
4.17.1 Land Use Acreage Ref inements ............................................ ...............................
4 -15
4.17.2 Transfer of Residential Dwelling Units ................................ ...............................
4 -15
4.17.3 Transfer of Commercial Area from MU/R District to VSR/R District ................
4 -16
4.17.4 Review Authority .................................................................. ...............................
4 -17
4.18
Amendments ...................................................................................... ...............................
4 -17
5 DEFINITIONS OF TERMS /ACRONYMS
5.1 Definitions of Terms ............................................................................ ............................... 5 -1
5.2 Definitions of Acronyms ...................................................................... ............................... 5 -9
Newport Banning Ranch
pc_table_of contents_ 08.19.11_final.doc • August 19, 2011
Planned Community Development Plan
iv
LIST OF EXHIBITS
1 INTRODUCTION
1 -1 Regional Setting Map .................................................................... ............................... 1 -5
2 Vicinity Map ...................... .... ............................... 1 -7
........................ ...............................
2 DEVELOPMENT PLAN
2 -1
Planned Community Development Pl an ...................................... ...............................
2 -15
2 -2
Planned Community Development Table .................................... ...............................
2 -17
2 -3
Conceptual Roadway Plan and Key Map .................................... ...............................
2 -21
2 -4
West Coast Highway - Bluff Road Entry /Intersection Improvements .......................
2 -23
2 -5
15th Street Entry and Off -Site Improvements ............................. ...............................
2 -25
2 -6
16th Street Entry and Off -Site Improvements ............................. ...............................
2 -27
2 -7
North Bluff Road Off -Site Improvements ................................... ...............................
2 -29
2 -8
17th Street Entry Off -Site Improvements .................................... ...............................
2 -31
2 -9
19th Street and North Bluff Road Entry and Off -Site Improvements ........................
2 -33
2 -10
Traffic- Calming Design Features ................................................ ...............................
2 -35
2 -11
Sections K -K and L -L — West Coast Highway ............................ ...............................
2 -37
2 -12
Sections A -A, B -B, and P -P — Bluff Road (West Coast Highway to 15th Street)
North Bluff Road (15th Street to 16th Street) .............................. ...............................
2 -39
2 -13
Sections Q -Q and R -R — North Bluff Road (16th Street to 17th Street) .....................
2 -41
2 -14
Sections J -J and M -M — North Bluff Road (17th Street to 19th Street) .....................
2 -43
2 -15
Sections C -C, D -D, and E -E —15th, 16th, and 17th Streets ........ ...............................
2 -45
2 -16
Sections G -G and H -H — Resort Colony Road and Scenic Drive ...............................
2 -47
2 -17
Sections F -F, 1 -I, and N -N — Typical Local Roads and Private Alley ........................
2 -49
2 -18
Conceptual Water Facilities Plan ................................................. ...............................
2 -51
2 -19
Conceptual Wastewater Facilities Plan ....................................... ...............................
2 -53
2 -20
Conceptual Drainage Plan ........................................................... ...............................
2 -55
3 LAND USE AND DEVELOPMENT STANDARDS
3 -1 Allowable Uses ............................................................................ ...............................
3 -14
3 -2 Single- Family Detached Residential Development Regulations Matrix ....................
3 -24
3 -3 Single - Family Attached Residential Development Regulations Matrix .....................
3 -27
3 -4 Multi - Family Residential Development Regulations Matrix ...... ...............................
3 -31
3 -5 Commercial Development Regulations Matrix ........................... ...............................
3 -36
4 IMPLEMENTATION AND ADMINISTRATION
No Exhibits.
5 DEFINITIONS OF TERMS /ACRONYMS
No Exhibits.
Newport Banning Ranch
pe_table_of contents_ 08.19.11_final.doc • August 19, 2011
Planned Community Development Plan
v
INTRODUCTION
1.1 Project Location
The Newport Banning Ranch Planned Community Development Plan (NBR -PC) applies to the
approximately 401 -acre Newport Banning Ranch site (Project Site) located north of West Coast
Highway, south of 19th Street, and east of the Santa Ana River. Exhibit 1 -1, Regional Setting Map,
and Exhibit 1 -2, Vicinity Map, illustrate the Project Site location.
Approximately 41 acres of the Project Site are located within the corporate boundary of the City
of Newport Beach (City). Approximately 360 acres of the Project Site are located in
unincorporated Orange County, within the City's Sphere of Influence (SOI).
The Project Site is located within the California Coastal Zone as defined by the California Coastal
Act.
1.2 Purpose, Authority, and Applicability of the Planned
Community Development Plan
1.2.1 Purpose
The purpose of the NBR -PC is to establish appropriate zoning to regulate land use and
development of the Project Site consistent with the City's General Plan land use designation for
the Project Site of "OS (RV) ", Open Space (Residential Village). The NBR -PC establishes zoning
regulations ( "Regulations ") for that portion of the Project Site located within the City and pre -
annexation zoning regulations for that portion of the Project Site located within the City's SOL
Upon annexation of that portion of the Project Site located within the City's SOI, the NBR -PC will
serve as zoning for this area.
1.2.2 Authority
The authority for approving the NBR -PC is established within the Newport Beach Municipal Code
(NBMC),Chapter 20.16.10, "Planned Community Zoning District" which provides that a PC
zoning district is intended for areas appropriate for the development of coordinated,
comprehensive projects that result in a superior environment; to allow diversification of land uses
as they relate to each other in a physical and environmental arrangement while maintaining the
spirit and intent of the Zoning Code; and to include a variety of land uses, consistent with the
General Plan, through the adoption of a development plan and related text that provides land use
relationships and associated development standards.
Newport Banning Ranch 1 -1
pc chapter 1 introduction 08.19.11 final.doc • August 19, 2011
PLANNED COMMUNITY DEVELOPMENT PLAN
1.2.3 Applicability
No structure shall be constructed, reconstructed, or altered in any manner, nor shall any structure
or land be used for any purpose, other than as allowed by these Regulations, except that these
Regulations shall not apply to projects within the NBR -PC implemented by the City. The
provisions of these Regulations shall be considered the minimum requirements for the promotion
of the public health, safety, and general welfare. When these Regulations provide for discretion
on the part of a reviewing authority, the discretion may be exercised to impose more or less
stringent requirements than required by these Regulations in order to promote orderly land use
and development, environmental resource protection, and the other purposes of the NBR- PC.
When used in these Regulations, the words "shall," "must," "will," "is to," and "are to" are always
mandatory, 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."
1.3 Relationship to the Municipal Code
Whenever the regulations contained herein conflict with the regulations of the NBMC, the
regulations contained herein shall take precedence. The NBMC shall regulate development
within the NBR -PC when such regulations are not provided within the NBR -PC.
1.4 Relationship to the California Coastal Act
The Project Site is situated within the boundary of the Coastal Zone as established by the
California Coastal Act and is, therefore, subject to the regulatory jurisdiction of the California
Coastal Commission. All development within the Project Site shall comply with the requirements
of the Coastal Act.
1.5 Severability
If any portion of the NBR -PC 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 -PC. These regulations and each portion of the NBR -PC would
have been enacted by the City Council irrespective of the fact that one or more portions may be
declared invalid or ineffective.
1.2 pc chapter 1 introduction 08.19.11 final.doc • August 19, 2011
INTRODUCTION I
1.6 Organization of the NBR -PC
The NBR -PC is organized into the following chapters in addition to Chapter 1, Introduction.
Chapter 2, Development Plan
Chapter 2, Development Plan, describes the land use zoning districts for the Project Site. The
NBR —PC establishes land use zoning districts to allow for preservation of open space, and for the
development of up to 1,375 residential dwelling units, 75,000 square feet of commercial uses,
and 75 overnight accommodations in a visitor serving resort inn, consistent with the City's
General Plan. Chapter 2 also describes the plan for circulation and infrastructure facilities to serve
planned development.
Chapter 3, Land Use and Development Regulations
Chapter 3, Land Use and Development Regulations, establishes the allowable land uses within
each land use zoning district of the Project Site and the regulations governing site development
within each land use district.
Chapter 4, Implementation and Administration
Chapter 4, Implementation and Administration, establishes the procedures for agency review of
applications for development of the Project Site and for the administration of the NBR -PC.
Chapter 5, Definitions of Terms and Acronyms
Chapter 5, Definitions of Terms and Acronyms, provides a list of defined terms and acronyms
used throughout the NBR -PC.
Newport Banning Ranch 1 -3
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2 DEVELOPMENT PLAN
2.1 Purpose and Intent
The purpose of the Development Plan is to provide for the long term administration of land use
within the NBR -PC. The Development Plan establishes the land use districts of the NBR -PC and a
plan for circulation and infrastructure facilities to serve development allowed pursuant to the
NBR -PC.
The Development Plan includes land use district designations for open space, park and
recreation, visitor - serving resort, residential, commercial, and mixed -use residential/ commercial
uses for the Project Site. The Development Plan includes a circulation plan and infrastructure
plans for water, sewer, and drainage facilities adequate to serve planned development.
2.2 Development Plan
The Development Plan of the NBR -PC requires that the majority of the Project Site be reserved for
the preservation and restoration of open space, including areas for the consolidation of oil
facilities, and allows for the development of a maximum of 1,375 residential dwelling units, a
resort/hotel inn with a maximum of 75 rooms and ancillary commercial uses, a maximum of
75,000 square feet of general commercial uses, and park and recreation uses.
2.2.1 Planned Community Land Use Districts
The land use districts of the NBR -PC are illustrated in Exhibit 2 -1, "Planned Community
Development Plan." The NBR -PC is comprised of five major land use districts as described
below:
Open Space Districts, to include Lowland and Upland Open Space /Public Trails and
Facilities Districts for habitat restoration and permanent preservation, public interpretive
trails, drainage management and water quality treatment facilities, and an Interim Oil
Facilities District allowing for the consolidation of surface oil production facilities and the
continued operation of existing and new oil production operations . Upon the ultimate
cessation of oil operations in the Interim Oil Facilities land use district, the surface oil
production facilities will be abandoned, and this area will be remediated and cleaned for use
as permanent open space.
2. Public Parks and Recreation Districts, to allow for development of a public Community Park
providing active and passive recreational facilities and public Bluff Parks and Interpretive
Parks for passive recreational use.
Newport Banning Ranch 2 -1
pc chapter 2 development plan 08.19.11 fnal.dac • August 19, 2011
(DEVELOPMENT PLAN
3. Visitor- Serving Resort/Residential District, to allow for a maximum 75 -room resort inn to
include ancillary uses such as restaurants and bars, spas, fitness centers, meeting and banquet
facilities, retail shops, and other similar complementary visitor - serving commercial uses or
free standing visitor serving retail uses without a resort inn component. This district also
allows for resort- oriented residential units of up to 40.0 dwelling units per gross acre if
developed in conjunction with the resort inn, for development of residential land uses of up
to 9.0 dwelling units per gross acre within the entire district, with or without visitor - serving
commercial uses, in the event the resort inn or free standing visitor serving retail uses are not
developed in this district.
4. Residential Districts, to include a Low Density Residential District which allows
development of up to 8.0 residential dwelling units per gross acre, a Low- Medium Density
Residential District which allows development of up to 16.0 residential dwelling units per
gross acre, and a Medium Density Residential District which allows development of up to
24.0 residential dwelling units per gross acre. These districts allow for development of
single - family detached dwelling units, single - family attached dwelling units, and multi - family
dwelling units, as well as private recreational facilities intended to serve the residents of the
development. Up to 2,500 square feet of convenience commercial uses are permitted within
either the Low - Medium or the Medium Density Residential District pursuant to the provisions
of NBR -PC Section2.6, "Residential Districts."
5. Mixed - Use /Residential District, to allow development of residential uses of up to 40.0
dwelling units per gross acre, and up to 75,000 square feet of commercial uses in either a
vertical mixed use configuration, with commercial uses on the ground floor and residential
above, or as a horizontal mixed use configuration with commercial uses and residential uses
in separate buildings designed as a cohesive and unified development. This district allows for
residential single family attached or multi - family residential dwelling units and ancillary
private recreational facilities to serve the residents of the development combined with
neighborhood serving commercial uses such as a grocery market, restaurants, personal
services, and professional offices.
2.2.2 Planned Community Development Table
The land use statistical summary for the NBR -PC is described in Exhibit 2 -2, "Planned Community
Development Table." The table describes the gross acreage within each land use district, along
with the allowable planned number of dwelling units, the maximum allowable density, the
maximum commercial square footage allowed, and the maximum number of overnight
accommodations (guest rooms) allowed within the resort inn.
The term "planned dwelling units" in Exhibit 2 -2, refers to the development program for each
residential district. The land use district boundaries, gross acreages, and planned dwelling units
described in Exhibit 2 -2 may be refined pursuant to the provisions of NBR -PC Section 4.17,
"Minor Modifications" of the NBR -PC.
2 -2 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN 1
2.3 Open Space Districts
The purpose of the Open Space Districts is to designate approximately 252.3 gross acres within
the NBR -PC for permanent Open Space use. The Open Space Districts include a Lowland Open
Space /Public Trails and Facilities (LOS /PTF) District, an Upland Open Space/ Public Trails and
Facilities (UOS /PTF) District, and an Interim Oil Facilities (OF) District.
2.3.1 Lowland Open Space /Public Trails and Facilities District (LOS /PTF)
Approximately 130.6 gross acres are designated as LOS /PTF which allows for preservation and
restoration of native habitat and open space, public interpretive trails with connections to the
existing Santa Ana River Trail located west of the Project Site, public view areas overlooking open
space, drainage management and water quality treatment facilities, and planting buffers adjacent
to portions of the OF District to visually soften the appearance of the oil facilities from other areas
of the Project Site.
2.3.2 Upland Open Space /Public Trails and Facilities District (UOS /PTF)
Approximately 105.2 gross acres are designated as UOS /PTF which allows for preservation and
restoration of native habitat and open space, public view overlooks, and public interpretive trails
with connections to residential land use districts, public parks, and existing trails located to the
west and north of the Project Site, and water management facilities, and planting buffers adjacent
to portions of the OF District to visually soften the appearance of the oil facilities from other areas
of the Project Site.
2.3.3 Interim Oil Facilities District (OF)
Approximately 16.5 gross acres are designated as OF which allows for the continued operation of
surface oil production and processing facilities, which include: 1) existing oil operations adjacent
to West Coast Highway; 2) existing and new oil production facilities planned for consolidation on
an existing oil operations site adjacent the LOS /PTF; and 3) a non - exclusive easement to include
an oil access roadway connecting the two surface oil production sites described in 1) and 2)
above.
Newport Banning Ranch 2 -3
DEVELOPMENT PLAN
2.4 Public Parks /Recreation Districts
The purpose of the Public Parks /Recreation Districts is to designate approximately 51.4 gross
acres to allow for development of public parks and recreation use within the NBR -PC to serve
residents of the Project Site and the community at large. All areas designated as Public
Parks /Recreation Districts shall be permanently available for public use either through offers of
dedication to the City, deed restrictions, and /or recorded public access easements. The public
park developed as part of the Project within the Community Park District shall be offered for
dedication to the City, and upon acceptance, shall be maintained by the City. Areas within the
Bluff Park District and Interpretive Park District shall be developed as part of the Project,
permanently accessible to the public, and privately -owned and maintained by a Homeowners
Association (HOA), Conservancy, Land Trust, or similar entity.
2.4.1 Community Park District (CP)
Approximately 26.8 gross acres designated as CP shall be developed as a public Community Park
as part of the Project and offered for dedication to the City to serve the active recreational needs
of the Project residents and the community at large. Recreational facilities and uses permitted
within the CP District include active lighted sports fields and courts, a picnic shelter, open play
grounds, a skate park, restrooms, and public parking. Other active and passive park and
recreation uses may be determined by the City at the time of final park design.
2.4.2 Bluff Park District (BP)
Approximately 20.9 gross acres are designated as BP to serve as a passive recreational area and a
buffer between the Visitor - Serving Resort/Residential District and Open Space Districts. Passive
recreational uses allowed within the Bluff Park include footpaths, view overlooks, picnic and
informal gathering areas, a bluff -top trail, and an access point to a pedestrian/bicycle bridge over
West Coast Highway.
2.4.3 Interpretive Parks District (IP)
Approximately 3.7 gross acres are designated as IP allowing passive recreational uses within and
adjacent to Open Space Districts. Uses allowed in the IP District include a nature center, which
may include offices for the HOA and open space steward, interpretive facilities and exhibit areas,
trailheads, parking for staff and the public, and other passive uses complementary to and
supportive of the Project's Open Space Districts.
2 -4 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN
2.5 Visitor - Serving Resort /Residential District (VSR /R)
The purpose of the Visitor- Serving Resort/Residential District is to designate approximately
11.3 gross acres to allow for development of a resort inn and resort oriented residential uses
within the NBR -PC. Uses allowed within the VSR/R District include:
A resort inn of up to 75 overnight accommodations (guest rooms), a lobby and related guest
areas, and support commercial uses ancillary to a resort, such as, restaurant(s) and bar(s), gift
and sundry shops, business center(s), fitness center(s), spa/salon /treatment rooms, swimming
pools and recreation facilities, banquet and meeting rooms, areas for food and beverage
preparation, administrative offices, housekeeping areas, maintenance areas, and employee
facilities. Visitor serving commercial uses included as part of a resort inn development shall
not be counted as part of the maximum 75,000 square feet of commercial area permitted
within the NBR -PC.
2. Resort- oriented residential dwelling units to be developed as part of the resort, to be
conventionally -owned as residential properties rather than as fractional vacation properties,
and whose residents may be afforded opportunities for use of the resort facilities and
amenities. The resort oriented residential dwelling units shall be counted as part of the
maximum 1,375 residential dwelling units permitted within the NBR -PC.
3. Up to 100 conventionally -owned residential dwelling units, in the event a resort inn is not
developed in the VSR/R district. These residential dwelling units shall be counted as part of
the maximum 1,375 residential dwelling units permitted within the NBR -PC.
4. Visitor - serving commercial uses independent of a resort use such as, restaurant(s) and bars,
gift and sundry shops, business centers, fitness centers, spas and salons, swimming pools and
recreation facilities and similar uses are permitted in the event a resort inn is not developed.
This type of visitor serving commercial use shall be counted as part of the maximum 75,000
square feet of commercial area permitted within the NBR -PC.
Newport Banning Ranch 2 -5
DEVELOPMENT PLAN
2.6 Residential Districts
The purpose of the Residential Districts is to designate approximately 65.2 gross acres to allow for
residential development within the NBR -PC. Three separate Residential Districts are established
to provide a variety of housing types and sizes.
Residential Districts allow for the development of a variety of home types, as well as privately
owned and maintained recreational facilities. Up to 2,500 square feet of convenience
commercial use are permitted within either the Low- Medium Density or Medium Density
Residential District, subject to the provisions below.
2.6.1 Low Density Residential District (RL)
Approximately 26.1 gross acres are designated as RL to allow for development of residential uses
at a maximum density of 8.0 dwelling units per gross acre. The RL District allows for the
development of single - family detached dwellings, single- family attached dwellings, and private
recreational facilities.
2.6.2 Low - Medium Density Residential District (RL /M)
Approximately 11.8 gross acres are designated as RUM to allow for development of residential
uses at a maximum density of 16.0 dwelling units per gross acre. The RUM District allows for the
development of single - family detached dwellings, single- family attached dwellings, multi - family
dwellings, and private recreational facilities. A small Convenience Commercial center of up to
2,500 square feet in size is allowed in the RUM district provided no other convenience
commercial center has been developed in the RM District and the total area of commercial uses
within the Project Site does not exceed 75,000 square feet.
2.6.3 Medium Density Residential District (RM)
Approximately 27.3 gross acres are designated as RM to allow for development of residential uses
at a maximum density of 24.0 dwelling units per gross acre. The RM District allows for the
development of single - family detached dwellings, single - family attached dwellings, multi - family
dwellings, and private recreational facilities. A small Convenience Commercial center of up to
2,500 square feet in size is allowed in the RM district provided no other convenience commercial
center has been developed in the RUM District and the total area of commercial uses within the
Project Site does not exceed 75,000 square feet.
2 -6 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN
2.6.4 Mixed - Use /Residential District (MU /R)
Approximately 20.9 gross acres are designated as MU /R to allow for development of commercial
and high density residential uses as either horizontal and /or vertical mixed -use development
projects. The MU /R land use district is intended for development of a more urban environment
within the Project Site.
The MU /R District allows for development of residential uses at a maximum density of 40.0
dwelling units per gross acre, commercial uses up to a maximum of 75,000 square feet (or as
adjusted downward for any convenience commercial developed within the RUM and RM
Districts or visitor serving commercial developed independent of a resort inn in the VSR/R
District), and private recreational facilities.
Mixed -use development may be designed as "horizontal mixed -use" with residential uses and
commercial uses as separate, free standing structures located adjacent to one another or as
"vertical mixed -use" with commercial uses located on the ground floor of the building and
residential uses located on floors above. The MU /R District is intended for pedestrian- oriented
commercial development providing a broad range of retail services within convenient walking
distance of residences.
Commercial development within the MU /R District shall be designed to serve the residents within
the Project Site and existing and future residents near the Project Site. Commercial uses allowed
in the MU /R District may include, but are not limited to, a neighborhood serving market, local
serving restaurants, coffee shops, personal convenience services (such as a dry cleaners and /or
hair salons), and professional offices.
Newport Banning Ranch 2 -7
DEVELOPMENT PLAN
2.7 Circulation
2.7.1 Roadway Plan
The NBR -PC includes a network of new public roadways to be constructed within the Project Site,
providing access from existing West Coast Highway, 15th Street, 16th Street, 17th Street, and 19th
Street.
The roadway system planned for the Project Site is illustrated in Exhibit 2 -3, "Conceptual
Roadway Plan and Key Map." A hierarchy of streets shall be constructed as part of the Project,
including primary roadways connecting to existing public arterial roadways, and local roads and
private alleys to serve development within the Project Site.
2.7.2 Project Entries and Off -Site Improvements
1. West Coast Hiehwav -Bluff Road Entry /Intersection Improvements
The primary entrance to the Project will be constructed at Bluff Road and the intersecting point
with West Coast Highway as illustrated in Exhibit 2 -4, "West Coast Highway — Bluff Road
Entry/Intersection Improvements." A T- intersection shall be constructed at the intersection of Bluff
Road with West Coast Highway and additional widening of a portion of West Coast Highway
shall occur as part of the Project. West Coast Highway is currently owned and maintained by the
California Department of Transportation ( Caltrans), and therefore permits required for
improvements to the highway shall be coordinated with and approved by Caltrans.
The design for West Coast Highway is illustrated on Exhibits 2 -4 and 2 -11, "Sections K -K and L-
L — West Coast Highway." As shown on these exhibits, the improvements to West Coast
Highway include widening improvements at the Bluff Road entry to the Project Site and
intersection improvements such as median turn pockets and lane striping. A public sidewalk shall
be constructed along West Coast Highway adjacent to the Project Site.
2. 151h Street Entry /and Park Access Off -Site Improvements
An entry to the Project Site shall be constructed at the terminus of 15'h Street at the easterly Project
Site boundary. Improvements to 15th Street shall be constructed from Monrovia Street westerly to
the Project Site boundary and within the Project Site to Bluff Road. The City's General Plan
designates 15`h Street as a Primary Road. As part of the Project 15th Street shall be widened off -site
between Monrovia Street and the Project Site boundary. Exhibit 2 -5, "15`h Street Entry and Off -
Site Improvements," illustrates the off -site area along 15th Street to be widened, as part of the
Project and the design for the Project entry at 15th Street.
2 -8 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN 1
3. 16`h Street Entry /Off -Site Improvements
An entry to the Project Site shall be constructed at the terminus of 16" Street at the easterly
boundary of the Project Site. Off -site improvements to 16" Street shall be constructed as part of
the Project from the terminus of 16" Street and the Project Site boundary westerly to Bluff Road.
The widening of 16" Street and the improvement area at the Project entry at 16" Street to be
constructed as part of the Project are illustrated on Exhibit 2 -6, "16`h Street Entry and Off -Site
Improvements."
4. North Bluff Road Off -Site Improvements
North Bluff Road is a General Plan designated Primary Roadway. The full improvement of North
Bluff Road as a Primary Roadway shall be constructed as part of the Project with a portion of the
improvements to be constructed off -site. Exhibit 2 -7, "North Bluff Road Off -Site Improvements,"
illustrates the off- site area to be improved as part of the Project.
5. 17`h Street Entry Improvements
An entry to the Project Site shall be constructed at the terminus of 17`h Street at the easterly
boundary of the Project Site, and 17" Street shall be constructed as a Primary Roadway from the
entry westerly to North Bluff Road. Exhibit 2 -8, "17'h Street Entry Improvements," illustrates the
design of the Project entry and the improvements to 17`h Street from its terminus at the boundary
of the Project Site to North Bluff Road to be constructed as part of the Project.
6. 19`h Street Entry /Off -Site Improvements
An entry to the Project shall be provided at an intersecting point of North Bluff Road and existing
19" Street located at the Project's northern property line. The design of the 19`h Street entry and
off -site improvements to 19`h Street to be constructed as part of the Project is illustrated on Exhibit
2 -9, "19`h Street and North Bluff Road Entry and Off -Site Improvements." Adequate right -of -way
shall be reserved for a potential future extension of 19`h Street to be constructed by the City,
County, and /or other public agency to the Santa Ana River
Pedestrian /Bicycle Bridge
A Pedestrian /Bicycle Bridge shall be provided over West Coast Highway from the south - western
edge of the Resort Colony to West Newport Park. The bridge will be designed to accommodate
both pedestrians and bicyclists, as well as be ADA compliant, as shown on Exhibit 2-4, "West
Coast Highway — Bluff Road Entry /Intersection Improvements."
Newport Banning Ranch 2 -9
DEVELOPMENT PLAN
2.7.3 Traffic - Calming Design Features
In order to reduce speeds of motorists and enhance the pedestrian experience, traffic - calming
design features shall be constructed as approved by the City Engineer within local streets of the
NBR -PC. Traffic - calming features include mid -block tapers and tapers /chokers at intersections and
modified knuckles. Examples of these elements are illustrated on Exhibit 2 -10, "Traffic- Calming
Design Features." Other traffic - calming design features may be constructed pursuant to approval
of the City Engineer.
2.7.4 Internal Project Roadways
The following sections describe the proposed internal arterial and local roadways for the Project
Site:
1.
The design for Bluff Road from West Coast Highway to 15`h Street and the design for North Bluff
Road from 15`h Street to 16`h Street are illustrated in Exhibit 2 -12. Both Bluff Road and North Bluff
Road shall be constructed with two travel lanes and a five - foot -wide striped on- street bike lane in
each direction. An eight- foot -wide walkway meandering within the roadway right of way and the
adjacent Community Park and separated from the street by a varying -width landscaped bioswale,
shall be constructed on the east side of the road. A five - foot -wide walkway, separated from the
street by a nine - foot -wide landscaped bioswale, shall be constructed on the west side of the road
except that, to avoid native habitat, no sidewalk shall be constructed on the west side of Bluff
Road between West Coast Highway and Resort Colony Road. A 16- foot -wide landscaped median
will be constructed along this length of both Bluff Road and North Bluff Road. On- street parking
shall be prohibited along Bluff Road and North Bluff Road.
2. North Bluff Road from 16th Street to 17th Street
The design for North Bluff Road from 16`h Street to 17h Street is illustrated in Exhibit 2 -13.
North Bluff Road from 16`h Street to 17`h Street shall be constructed with two travel lanes and a
five - foot -wide striped on- street bike lane in each direction. An eight- foot -wide walkway,
separated from the street by a nine - foot -wide landscaped bioswale, shall be constructed on the
east side of the road and a five -foot -wide walkway, separated from the street by a nine - foot -wide
landscaped bioswale, shall be constructed on the west side of the street. A 16- foot -wide
landscaped median shall be constructed along this length of North Bluff Road. On- street parking
shall be prohibited within this segment of North Bluff Road.
2-10 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN 1
3. North Bluff Road from 17th Street to 19th Street
The design for North Bluff Road is illustrated in Exhibit 2 -14. The portion of North Bluff Road
from 17`h Street to a portion of the Bluff Park land use district shall be constructed with two travel
lanes and a five - foot -wide striped on- street bike lane in one direction, and one travel lane and a
five - foot -wide striped on- street bike lane in the other direction. An eight - foot -wide walkway,
separated from the street by a nine - foot -wide landscaped bioswale, shall be constructed on the
east side of the road and a 10- foot -wide curb - adjacent landscaped bioswale, shall be constructed
on the west side of the road. A 14- foot -wide landscaped median shall be constructed along this
length of North Bluff Road.
The portion of North Bluff Road from the Bluff Park land use district to 19'h Street shall be
constructed with one travel lane and a five - foot -wide striped on- street bike lane in each direction.
A six - foot -wide pedestrian walkway, separated from the street by a nine - foot -wide landscaped
bioswale, shall be constructed on the east side of the street and a 10- foot -wide curb - adjacent
landscaped bioswale shall be constructed on the west side of the street. A six - foot -wide striped
median shall be constructed along this portion of North Bluff Road. On- street parking shall be
prohibited within this segment of North Bluff Road.
4. 15th Street from Project Entry to Bluff Road
The design for 15`h Street within the Project Site is illustrated in Exhibit 2 -15. 15`h Street within the
Project Site shall be constructed with two travel lanes and a five - foot -wide, striped, on- street bike
lane in each direction. The roadway shall be divided by a 16- foot -wide landscaped median. An
eight- foot -wide pedestrian walkway separated from the street by a varying- width, landscaped
bioswale shall be constructed on each side of the street. On- street parking shall be prohibited
within 15th Street.
S. 16th Street from Project Entry to North Bluff Road
The design for 16`h Street within the Project Site is illustrated in Exhibit 2 -151 16`h Street within the
Project Site shall be constructed with 40 feet of paved width, which may accommodate one travel
lane in each direction and parking on both sides of the street. A five - foot -wide pedestrian
walkway, separated from the street by a nine - foot -wide landscaped bioswale, shall be constructed
on each side of the street.
6. 17th Street from Project Entry to North Bluff Road
The design for 17" Street within the Project Site is illustrated in Exhibit 2 -15. 1 71h Street within the
Project Site shall be constructed with two travel lanes and a five - foot -wide, striped, on- street bike
lane in each direction. A five - foot -wide pedestrian walkway, separated from the street by a nine -
foot -wide landscaped bioswale, shall be constructed on both sides of the street. A 16- foot -wide
Newport Banning Ranch 2 -11
landscaped median shall be constructed along the length of 17`h Street within the Project Site.
On- street parking shall be prohibited within 17`h Street.
Resort Colony Road
Resort Colony Road shall connect to Bluff Road and a local road that serves the South Family
Village. Resort Colony Road shall be constructed with one travel lane in each direction. On-
street parking may be allowed on both sides of the street. An eight- foot -wide pedestrian walkway,
separated from the street by an eight- foot -wide landscaped bioswale, shall be constructed on each
side of the roadway. The design for Resort Colony Road is illustrated in Exhibit 2 -16.
8. Scenic Drive
Scenic Drive, a local road, shall extend around residential land use areas adjacent to the Bluff
Park land use district and connect to North Bluff Road at 16`h and 17h Streets. Scenic Drive shall
be constructed with one travel lane and one curb - adjacent parking lane in each direction. A four -
foot -wide pedestrian walkway, separated from the street by a six - foot -wide landscaped parkway,
shall be constructed on the side of the roadway adjacent to residential uses. A bluff -top trail shall
be developed on the opposite side of the roadway within the Bluff Park land use district. The
design for the Scenic Drive is illustrated in Exhibit 2 -16.
9. Typical Local Roads
Typical local roads are those roads other than Resort Colony Road and Scenic Drive providing
internal access and circulation within the Project Site. Typical local roads shall be constructed
throughout the Project Site with one travel lane and one curb - adjacent parking lane in each
direction. A four - foot -wide pedestrian walkway, separated from the street by either a six -foot-
wide landscaped parkway or an eight- foot -wide landscaped bioswale depending upon the
location, shall be constructed on both sides of the street. The design for Local Roads is illustrated
in Exhibit 2 -17.
10. Private Alleys
Private alleys shall be constructed with a minimum width of 28 feet between lower levels of
buildings (architectural elements may overhang a maximum of three feet on upper levels) with a
varying width 20- to 24- foot -wide paved travel lane and a three- to four - foot -wide area for
landscaping and garage access on each side of the alley. Parking shall be prohibited within
private alleys. The design for Private Alleys is illustrated in Exhibit 2 -17.
2 -12 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
DEVELOPMENT PLAN
2.8 Infrastructure and Utilities
2.8.1 Water Facilities Plan
Potable and irrigation water service for the Project will be made available from the City of
Newport Beach. The proposed domestic water system shall include connections to the existing
City of Newport Beach facilities located in 16" Street, Ticonderoga Street, and West Coast
Highway. A network of new 8 -inch and 12 -inch diameter water mains shall be constructed to
provide water service to the Project Site.
The "Conceptual Water Facilities Plan," included as Exhibit 2 -18, illustrates the water facilities
planned to serve the Project Site.
2.8.2 Wastewater Facilities Plan
The City of Newport Beach will make available sanitary sewer service to the Project. A system of
new 8 -inch, 10 -inch, and 12 -inch diameter sewer mains shall be constructed as part of the Project
to collect effluent and direct it to the County Sanitation District of Orange County (CSDOC) trunk
sewer upstream of the Bitter Point Pump Station.
The "Conceptual Wastewater Facilities Plan," included as Exhibit 2 -19, illustrates the sanitary
sewer facilities planned to serve the Project Site.
2.8.3 Drainage Facilities
New drainage facilities shall be constructed consistent with State, federal, and local regulations, to
serve the Project Site to include six primary storm drain systems that shall drain Project flows in
an environmentally responsible manner to downstream receiving water bodies.
The Conceptual Drainage Plan, included as Exhibit 2 -20, illustrates the six storm drain systems
planned to serve the Project Site. These storm drains are described below:
• Storm Drain A: This storm drain will collect flows from the CP and BP Districts, as well
as from Bluff Road and North Bluff Road, and deliver flows from these areas to the
existing Caltrans box culvert under the WCH. Project flows will not increase overall
flows above existing levels into the existing Caltrans box culvert under the WCH.
• Storm Drains B and C: These two storm drains will collect flows from the Residential,
BP, and VSR/R Districts, as well as, off -site flows from Newport Beach and Costa Mesa,
adjacent to the Southern Arroyo and deliver flows from these areas to a proposed diffuser
Newport Banning Ranch 2 -13
basin located downstream of the Southern Arroyo, adjacent to the Semeniuk Slough after
which these flows will be delivered to the Semeniuk Slough.
Storm Drains D and E: These storm drains will collect flows from the Residential BP, and
the majority of the MU /R Districts within the Project Site and deliver storm flows to the
LOS /PTF District. Under existing oilfield conditions, a portion of flows picked up by
Storm Drain D is tributary to the Southern Arroyo and ultimately Semeniuk Slough. The
proposed redirection of this drainage is specifically designed to reduce the flood loading
of Semeniuk Slough. An energy diffuser will be provided in the LOS /PTF District to
reduce the momentum of the flows delivered by Storm Drains D and E.
Storm Drain F: This storm drain will collect flows from the northernmost areas of the
MU /R District, as well as off -site flows from Costa Mesa, and deliver them to the Northern
Arroyo. The tributary area to Storm Drain F is designed to match existing runoff
conditions in the Northern Arroyo. An energy dissipater will be installed at this storm
drain outlet to transition flows from erosive velocities to non - erosive velocities, and to
deliver those non - erosive flows to the natural channel within the Northern Arroyo.
Storm Drain G: This storm drain will collect flows from the northernmost portion of the
Project Site, as well as flows from Costa Mesa, and deliver them to the LOS /PTF via a
culvert and a storm drain located in North Bluff Road, south of 19`h Street.
2.8.4 Public Utilities and Services
Public utilities and services shall be provided to the Project Site by the following purveyors:
• Electrical — Southern California Edison Company;
• Gas — The Gas Company;
• Telephone — Pacific Bell; and
• Cable Tel evision /InterneUTelephone — Time Warner.
2 -14 pc chapter 2 development plan 08.19.11 Bnal.doc • August 19, 2011
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VSRIR
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Connecbm to Sunset Ridge Pad
Medium Density Residential (RM) .U65IPTF • -CP
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MIXED -USE / RESIDENTIAL
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IM Arterial Roads 6
Collector Roads
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Top of Edge of Bluff
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for Habitable Structures
rm^ Exhibit 2 -1
NEWPORT BANNING RANCH Planned Community Development Plan
PLANNED COMMUNITY DEVELOPMENT PLAN eLee wxos assoclnres FI��
City of Newport Beach - California sls LJiUSCOE
EEC 06- 14-2011
SlcllenBlbrools slneel 17291729001108Ajurroduc6lplemed conerrunilyunWs'pctlp 8 5x11 110810.mxtl
DEVELOPMENT PLAN
Exhibit 2 -2
PLANNED COMMUNITY DEVELOPMENT TABLE
Newport Banning Ranch
Newport Banning Ranch 2 -17
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LAND USE DISTRICT
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130.6
--
--
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U land.0 en Space/ Public Trails and Facilities
105.2
OF
linterim Oil Facilities mi
16.5
Subtotal Open Space
252.3
PUBLIC PARKS / RECREATION
CP
ICommunitv Park
26.8
BP
I Bluff Park (4)
20.9
IP
llnterpretive Parks (41
3.7
Subtotal Public Parks / Recreafion
51.4
VISITOR- SERVING RESORT/ RESIDENTIAL (5)
VSR/R
Visitor -Serving Resort / Residential
11.3
1 87
1
75
Subtotal Visitor- Servin Resort /Residential
11.3
1 87
1
75
RESIDENTIAL("
RL
Low Density Residential (up to 8 DU /Ac)
26.1
167
0
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Low - Medium Density Residential (up to 16 DU /Ac)
11.8
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0
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Medium Density Residential (up to 24 DU /Ac)
27.3
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0
Subtotal Residential
65.2
558
0
--
MIXED -USE/ RESIDENTIAL is(
MU /R Mixed -Use/ Residential (up to 40 DU /Ac)
20.N
20.9
730
75,000
--
Subtotal Mixed -Use / Residential
730 �6)
7,5,000 (7)
--
TOTAL PROJECT
401.1 1
1,375 (8I
75,000 17I
75
Newport Banning Ranch 2 -17
DEVELOPMENT PLAN
Exhibit 2 -2 (continued)
PLANNED COMMUNITY DEVELOPMENT TABLE FOOTNOTES
Newport Banning Ranch
Gross acres are measured to the centerlines of all public roads where such roads are shown on the plan. Public
roads shown on the plan total approximately 38.3 acres. Refinements to the gross acres within each Land Use
District are permitted subject to the provisions set forth in Chapter 4, "Implementation and Administration.
Planned Dwelling Units may be transferred from one Residential, Visitor- Serving Resort/Residential, or Mixed -
Use /Residential Land Use District to another in accordance with the provisions of Chapter 3, "Land. Use and
Development Regulations," and Chapter 4, 'Implementation and Administration," of the NBR -PC, provided the
transfer does not result in an increase of more than 15% of the total number of Planned Dwelling Units
established for the district in the "Planned Community Development Table," the maximum density established for
each residential land use district is not exceeded, the total number of dwelling units within the Mixed -Use/
Residential Land Use District does not exceed 730, the total number of dwelling units within the Planned
Development does not exceed 1,375, and there are no new traffic impacts associated with the transfer as
determined by the City Engineer pursuant to a traffic study prepared by the City.
131 The Right -of -Way Reservation for the 19th Street Extension, from the Project Site's easterly boundary to the Santa
Ana River, encompasses approximately 3.1 total acres, including approximately 0.6 acres located within the
Upland Open Space /Public Trails and Facilities District, and approximately 2.5 acres located within the Lowland
Open Space /Public Trails and Facilities District.
141 Gross acres for the Bluff Park District and Interpretive Parks District may include fuel management zones,
interpretive trails and facilities, and landscape focal points and greens.
Is' Gross acres for Residential Districts, the Visitor - Serving Resort/Residential District, and the Mixed- Use/Residential
District may include fuel management zones, privately owned and maintained parks and recreation facilities, and
landscape focal points and greens.
(6) Within the Mixed- Use/Residential District, the Planned Dwelling Units shall also be the maximum permitted
dwelling units.
O1 Up to 2,500 square feet of commercial building area may be transferred from the Mixed- Use/Residential Land Use
District to a Residential Land Use District in accordance with the provisions of Chapter 3, "Land Use and
Development Regulations," of the NBR -PC, provided the total area of commercial buildings for the Planned
Community does not exceed 75,000 square feet.
let A maximum 1,375 dwelling units is permitted within the NBR -PC.
Is' The Interim Oil Facilities (Open Space Land Use) District includes: 1) the existing oil operations site near West
Coast Highway; 2) the new oil consolidation site near the middle of the Lowland; and 3) an oil access road (non-
exclusive easement) connecting the two working sites.
Newport Banning Ranch 2 -19
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Exhibit 2 -3
NEWPORT BANNING RANCH Conceptual Roadway Plan and Key Map
PLANNED COMMUNITY DEVELOPMENT PLAN I I I I I I I I I � GLENNwxoSASSOCA1ES f�iNY�
City of Newport Beach - California o soo t,zoo LJ `ruscoe 06-14-2011
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TRAVEL LANES
SECTION 'A'
N. T. S.
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NEWPORT BANNING RANCH
PLANNED COMMUNITY DEVELOPMENT PLAN
City of Newport Beach - California
PROPOSED
RW
I 8'
PROP
17 1;EWALK
CURB
EXIST. PROP.
R/W RIW
VARIES 57' 18'
20' TO 24' I j
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m - - - -- -
SECTION '8'
N.T.S.
• PROVIDE PEDESTRIAN BRIDGE OVER WCH.
• CONSTRUCT LANDING FOR PEDESTRIAN BRIDGE WITHIN
WEST NEWPORT PARK.
• PROVIDE DUAL LEFT TURN LANE ON EASTBOUND WCH.
• WIDEN WCH TO ACCOMMODATE DUAL LEFT TURNS, AND
4TH LANE FROM SUPERIOR TO BLUFF ROAD.
• SIGNALIZE BLUFF ROAD INTERSECTION WITH WCH.
• DEDICATE ADDITIONAL RIGHT OF WAY.
Exhibit 2 -4
West Coast Highway - Bluff Road
Entry /Intersection Improvements
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0 45 90 180 270 380
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Exhibit 2 -5
15th Street Entry and
NEWPORT BANNING RANCH
Off -Site Improvements
PLANNED COMMUNITY DEVELOPMENT PLAN
I 1
City of Newport Beach - California 25 50 100 150 200 FUSCOe 201/0904
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PROPERTY
16TH STREET
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• EXTEND 16TH STREET FROM EXISTING TERMINUS TO
NORTH BLUFF ROAD.
® • PROPOSED 16TH STREET HALF WIDTH IMPROVEMENTS
ON NMUSD PROPERTY.
® • PROPOSED 16TH STREET HALF WIDTH IMPROVEMENTS
ON CITY PROPERTY TRANSITION PROPOSED 16TH STREET
IMPROVEMENTS TO MATCH EXISTING RIGHT —OF —WAY AND
CURB IMPROVEMENTS AT EDGE OF NMUSD PROPERTY.
NEWPORT BANNING RANCH
PLANNED COMMUNITY DEVELOPMENT PLAN
City of Newport Beach - California
Exhibit 2 -6
16th Street Entry and
Off -Site Improvements
2I5 0 100 0 200 ® , FUSCOE 201— 0 09 22
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® IMPROVEMENTS ON NMUSD PROPERTY
NEWPORT BANNING RANCH
PLANNED COMMUNITY DEVELOPMENT PLAN
City of Newport Beach - California
Exhibit 2 -7
North Bluff Road
Off -Site Improvements
ze I slI 1I 1so zio ® FUSCOE zai" a 09 22
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NEWPORT BANNING RANCH
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PLANNED COMMUNITY DEVELOPMENT PLAN
City of Newport Beach - California
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17th Street Entry Improvements
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NEWPORT BANNING RANCH
PLANNED COMMUNITY DEVELOPMENT PLAN
City of Newport Beach - California
• JOIN NORTH BLUFF ROAD IMPROVEMENTS TO EXISTING 19TH
STREET IMPROVEMENTS WITHIN EXISTING RIGHT —OF —WAY.
• 0 19TH STREET RIGHT —OF —WAY RESERVATION AREA
Exhibit 2 -9
19th Street and North Bluff Road
Entry and Off -Site Improvements
25 I I 1Io Io 2I0 ® A FUSCOE 2011 o `10
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TAPER DETAIL
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TAPER DETAIL
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Exhibit 2 -10
NEWPORT BANNING RANCH
Traffic - Calming Design Features
PLANNED COMMUNITY DEVELOPMENT PLAN W^=
City of Newport Beach - California 2010 12 20
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Exhibit 2 -10
NEWPORT BANNING RANCH
Traffic - Calming Design Features
PLANNED COMMUNITY DEVELOPMENT PLAN W^=
City of Newport Beach - California 2010 12 20
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EXISTING
RW
123' — 139'
123'
VARIES _
(57) 14' TO 24' 13'
Section K -K
West Coast Highway
EXISTING
RW
45' -55'
12' . 12'
EXISTING
RW ,
PROPOSED
CURB
EXISTING PROPOSED
RW RW
144'
125'
(57')
VARIES
57'
8'
20' TO 14'
(14')
13' 1 12' 1 12' 1 20'
WALK
(12') (45')
TRAVEL
TRAVEL
(45)
TRAVEL
(5')
Section L -L
West Coast Highway
NEWPORT BANNING RANCH
- CURB
Exhibit 2 -11
Sections K -K and L -L
West Coast Highway
PLANNED COMMUNITY DEVELOPMENT PLAN ®N LUKOS nssocU ss ® 1,A FUSCOE`
City of Newport Beach - California o 15 30 2010 0922
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AIOSWALE 1 l / RESORT COLONY ROAD TO 15TH STREET '—BIOSWALE
SLOT ED CURB J Section CURB
SEE BELOW FOR Section A-A
SECTION A Bluff Road (West Coast Highway to 15th Street)
97'
9'
SLOTTED CURB
(Section A)
PUBLIC
WCH TO RESORT COLONY ROAD
BIOSWALE
SLOTTED P
102'
14' 1 31' 1 16' MEDIAN 1 31' 1 to'
BIOSWALE
TIED CURB
VARIABLE WIDTH
Section B -B
North Bluff Road (15th Street to 16th Street - Adjacent Residential to West)
Section P -P
North Bluff Road (15th Street to 16th Street - Adjacent Open Space to West)
Exhibit 2 -12
Sections A-A, B -B, and P -P
�m Bluff Road (West Coast Highway to 15th Street)
NEWPORT BANNING RANCH North Bluff Road (15th Street to 16th Street)
PLANNED COMMUNITY DEVELOPMENT PLAN I I I I I I I ® GLEM1LUKOSASSOCMMS I�FUSCOE �
City of Newport Beach - California o 15 so zmo o9 sx
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Section Q -Q
North Bluff Road (16th Street to 17th Street - Adajcent Residential to West)
Section R -R
North Bluff Road (16th Street to 17th Street -
Adjacent Interpretive Park /Open Space to West
a'
WALK
TALE
CURB
Exhibit 2 -13
Sections Q -Q and R -R
NEWPORT BANNING RANCH North Bluff Road (16th Street to 17th Street)
PLANNED COMMUNITY DEVELOPMENT PLAN ®�„U� ®ruse
City of Newport Beach - California I I al
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Section J -J
North Bluff Road (17th Street to North Bluff Park North of Urban Colony)
RW
1 10' , 20' 1 20' 1 15' 1
6'
WAD(
BIOSWALE J
SLOTTED CURB SLOTTED CURB
Section M -M
North Bluff Road (North Bluff Park North of Urban Colony to 19th Street)
Exhibit 2 -14
Sections J -J and M -M
NEWPORT BANNING RANCH North Bluff Road (17th Street to 19th Street)
PLANNED COMMUNITY DEVELOPMENT PLAN I I I I I I I ® G�MLKOSnssoCMMS® FUSCOE �
City of Newport Beach - California o 15 30 2momezz
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COMMUNITY PARK
VARIABLE WIDTH
SIDEWALK EASEMENT 10'
a
SLOTTED
RESIDENTIAL
9H'
3f' 16' MEDIAN 31' 10'
VARIE.'
id' id'
TL TRAVEL TRAVEL TRAVEL BIKE
Section C -C
15th Street
BIOSWALE
SLOTTED CI
Section D -D
16th Street
14' 1 31' 16' MEDIAN
Section E -E
17th Street
if' 1 14'
COMMUNITY
PARK
VARIABLE WIDTH
BIOSWALE
TTED CURB
SLOTTED CURB
Exhibit 2 -15
Sections C -C, D -D, and E -E
NEWPORT BANNING RANCH 15th, 16th, and 17th Streets
PLANNED COMMUNITY DEVELOPMENT PLAN I ® G,ENNLUKOSASSOCIATES® FC�RM�
City of Newport Beach - California o Is so mii'94"i,
S. \cllents \beaks street- 1729 \17 29001 \OT- piann,ng_aea \proLUds\pl0n ned_ commonly \working \IecenteLsecctons
RESORT 1 60'
6, TRAVEL I TRAVEL I 6,
BIOSWALE I� LANDSCAPE TO BE ~BIOSWALE
SLOTTED CURB HOA MAINTAINED SLOTTED CURB
Section G -G
Resort Colony Road
RW
PARK I 54' I RESIDENTIAL
10' MIN.
Sartirm H -H
Scenic Unve
Exhibit 2 -16
�.�.r Sections G -G and H -H
NEWPORT BANNING RANCH Resort Colony Road and Scenic Drive
PLANNED COMMUNITY DEVELOPMENT PLAN I I I I I I I ® GlEM MOSAS50CMMS ® `� FUSCOE �
City of Newport Beach - California o 15 so 20100922
s:\ =rem : \c,00u�s�ree� nzs\ nzsaoi\ m_ pia�nm¢ �aa\ p�oa�ms\ mos�ar __ :�le_pian \wo�er„y \le�n„¢oi sa�raos
RESIDENTIAL 64'
Id' C 12'
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SLOTTED
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SLOTTED CURB
Section F -F
Typical Local Road with Bioswales
RW RW
Typical Local Road
±IVARIES
VARIES VARIES
3'-4' ;,_4,
Section N -N
Typical Private Alley
Exhibit 2 -17
Sections F -F, 1 -I, and N -N
NEWPORT BANNING RANCH Typical Local Roads and Private Alley
PLANNED COMMUNITY DEVELOPMENT PLAN I 1 1 1 1 I I ® GLEM MOSASSOCMMS ® FORNI�
City of Newport Beach - California o 15 sliUSCCE 2010 01922
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Exhibit 2 -18
NEWPORT BANNING RANCH Conceptual Water Facilities Plan
PLANNED COMMUNITY DEVELOPMENT PLAN I I I I I etas uKOSassocinres I�R \h�
City of Newport Beach - California 0 900 LJ,NUOE Os•ra•son
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NEWPORT BANNING RANCH Conceptual Drainage Plan
PLANNED COMMUNITY DEVELOPMENT PLAN
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3 LAND USE AND DEVELOPMENT REGULATIONS
3.1 Purpose and Intent
The purpose of this chapter is to describe allowable land uses within the NBR -PC and the
standards and regulations governing development of allowable land uses. These Land Use and
Development Regulations (Regulations) apply to all development within the NBR -PC.
3.2 General Site Development Regulations
The following general site development regulations are applicable to development activities
within all land use districts.
3.2.1 Oil Operations
The Project Site has been a continuously operating oil field since 1943. As of the effective date of
the NBR -PC, oil operations within the Project Site continue to be conducted by West Newport Oil
Company, permitted pursuant to the South Coast Regional Coastal Zone Conservation
Commission Claim for Exemption No. E- 7 -27 -73 -144, and the City of Newport Beach consistent
with Federal, State, and local laws. These oil operations provide valuable energy resources for
the State and Country. All abandonment and re- abandonment of oil facilities, site remediation,
removal of oil production facilities, and consolidation of oil production facilities within Project
Site shall be conducted per the requirements of the appropriate State and local regulatory
agencies.
The consolidation of existing oil operations and the continued operation of existing consolidated
and new oil operations are permitted within the OF District. Surface oil drilling, production, and
related operations shall be permitted only within the OF District and pursuant to the South Coast
Regional Coastal Zone Conservation Commission Claim for Exemption No. E- 7 -27 -73 -144.
Subsurface oil facilities for continued oil production shall be permitted throughout the Project
Site. All surface oil production facilities located in areas outside of the OF District in existence
after the effective date of the NBR -PC shall be legal non - conforming structures and subject to
NBMC Chapter 20.38, "Nonconforming Uses and Structures," and subject solely to the provisions
of NBMC Sections 20.38.010 through 20.38.050 of Chapter 20.38.
Continuation of existing and new oil production facilities shall be regulated and inspected by the
California Division of Oil, Gas, and Geothermal Resources (DOGGR) and other appropriate State
and local regulatory agencies.
Newport Banning Ranch 3 -1
pc chapter 3land use & development regs 08.19.11 final.doc • August 19, 2011
PLANNED COMMUNITY DEVELOPMENT PLAN
3.2.2 Grading Plans
All grading plans within the Project Site shall comply with the following:
Grading plans shall be accompanied by geological and soils engineering reports, and shall
incorporate information as required by the City.
2. Grading plans shall indicate all areas of grading, including remedial grading, and shall extend
to the limits outside of the boundaries of an immediate area of development as required by
the City. Grading shall be permitted within all Land Use Districts and outside of an area of
immediate development, as approved by the City, for the grading of public roads, highways,
park facilities, infrastructure, and other development - related improvements. Remedial
grading for development shall be permitted in all Land Use Districts outside of an immediate
development area, as approved by the City, to adequately address geotechnical or soils
conditions. Grading plans shall provide for temporary erosion control on all graded sites
scheduled to remain unimproved for more than 30 days.
3.2.3 Public Infrastructure and Utilities
Construction of public infrastructure and utilities shall conform to the following:
Utilities shall be placed below grade and will be principally located in road rights -of -ways,
alley -ways, or, where necessary and feasible, in recreation and open space areas not
primarily required for habitat restoration and /or preservation.
2. Any new utilities to serve development within the Project Site and located within open space
areas, except within the Interim Oil Facilities District, shall be placed below grade unless
waived by the Director.
3.2.4 Provision of Telecommunication Infrastructure
Fiber -optic services (HOS), wireless technology, or similar high -speed communication technology
available at the time of development construction shall be installed to all homes to provide
opportunities for telecommuting and other advanced communications activities.
3.2.5 Solid Waste and Recyclable Materials Storage
All development projects within the Project Site shall comply with NBMC Section 20.30.120,
"Solid Waste and Recyclable Materials Storage." This section provides standards for the provision
of solid waste (refuse) and recyclable material storage areas in compliance with State Law and
NBMC Chapter 6.04, 'Garbage, Refuse and Cuttings."
3-2 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3.2.6 Model Home Complexes
Model home complexes containing temporary real estate offices used solely for the first sale of
homes within the boundaries of an approved subdivision are permitted within any Residential
District, the Visitor - Serving Resort/Residential District, and the Mixed - Use /Residential District.
Model home complexes are permitted in accordance with the provisions of Section 4.11, "Model
Home Complex Permit," of the NBR -PC.
3.2.7 Fence, Hedge, Wall, and Retaining Wall Regulations
All fences, hedges, walls, and retaining walls shall comply with the provisions of NBMC Section
20.30.040, "Fences, Hedges, Walls, and Retaining Walls," except as provided for more
specifically /differently below:
Any freestanding perimeter walls and view fencing approved as part of Site Development
Review for a project shall be constructed by the developer.
2. Community theme walls and fences shall be designed and constructed in locations consistent
with the approved Master Development Plan required pursuant to Section 4.4, "Master
Development Plan," of the NBR -PC. Decorative community theme walls and fences shall not
exceed six feet in height from highest adjacent finished grade exclusive of retaining walls
which may have a maximum height of two feet. Maximum wall heights may be exceeded as
required for sound attenuation purposes pursuant to the recommendations of an acoustical
study or the EIR Mitigation Monitoring Program as approved by the City. Community theme
walls shall be constructed of either masonry or other permanent, durable, low maintenance
material. In a slope condition these walls and fences may be offset from the retaining wall
and shall not exceed six feet in height from the adjacent retaining wall. Thematic fencing
materials shall be approved by the City as part of Development Plan Review.
3. View fencing in locations approved as part of a Master Development Plan or Site
Development Review shall not exceed six feet in height from the highest adjacent finished
grade exclusive of retaining walls which may have a maximum height of two feet. View
fencing shall be constructed of tubular metal, tempered glass, or other durable and
reasonably transparent material as approved by the City.
4. Front yard fences, hedges and walls are limited to a maximum height of 42 inches along the
property line, fences, hedges and walls up to a maximum height of 6 feet may be constructed
5 feet or a greater distance from the front yard property line to enclose or provide privacy to a
private patio, courtyard, spa, swimming pool, or similar hardscape /landscape area at the front
of the residence. Such walls may incorporate decorative gates, pilasters, or other features.
The provisions of NBMC Section 20.30.040(C), "Exceptions to Maximum Height ", including
Subsection (2), "Decorative Fence/Wall Details and Lights," shall apply to fences and walls in
this area.
Newport Banning Ranch 3 -3
PLANNED COMMUNITY DEVELOPMENT PLAN
3.3 Landscape Regulations
1. The Project shall comply with the provisions of NBMC Chapter 14.17, "Water- efficient
Landscaping."
2. The Project shall comply with NBMC Chapter 14.16, "Water Conservation and Supply Level
Regulations."
3. The Project shall comply with NBMC Chapter 20.36, " Landscaping Standards," except as
may otherwise be approved as part of the Master Landscape Plan identified in (4) below:
4. All landscaping within the Project Site shall comply with the Master Landscape Plan
approved as part of the Master Development Plan, pursuant to the provisions of Section 4.4,
"Master Development Plan," of the NBR -PC, exclusive of private homeowner lots/ yards and
turf playfields and other recreation areas in the CP District.
5. All plant materials that are planted in the Open Space Districts shall be California natives.
6. The design and improvement of all developer - installed public parks, including landscape and
irrigation plans, within the Project Site shall be subject to approval of a Site Development
Review by the City pursuant to Section 4.5 of the NBR -PC, "Site Development Review."
7. Plant material within the Project Site shall be installed in accordance with the Plant Palette
included in a Master Landscape Plan approved as part of the Master Development Plan
pursuant to the provisions of Section 4.4, "Master Development Plan," of the NBR -PC.
8. "Smart Controller" irrigation systems shall be installed in all public and common area
landscaping.
9. Landscape within public and common areas shall be designed on a "hydrozone" basis to
group plants according to their water and sun exposure requirements.
3 -4 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3.4 Lighting Regulations
The following regulations apply to exterior lighting within the Project Site.
3.4.1 General Lighting Standards and Regulations
1. The provisions of NBMC Section 20.30.070, "Outdoor Lighting," shall apply to all land uses
of the N BR -PC.
2. Street lighting within the Project Site is permitted only at roadway intersections for public
safety purposes. Street lighting shall be provided in accordance with the requirements of the
Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings for
Public Works Construction Standards Manual.
3. LED and /or low- energy fixtures shall be required for lighting used in HOA- maintained
common areas and in public street rights -of -way where street lights are permitted.
4. Lighting within the LOS /PTF, UOS /PTF Land Use Districts shall be prohibited.
5. Outdoor lighting within the IP Land Use District shall be prohibited with the exception of
public trails which may be lighted with bollard lights or similar low- height, "dark -sky' lights,
provided light fixtures are shielded to confine light rays to the trail.
3.4.2 Outdoor Lighting Standards for Commercial Uses in the MU /R and VSR /R
Land Use Districts
The average maintained lighting levels for commercial uses in the MU /R and VSR/R Land Use
Districts shall not exceed the following standards:
a. 5 -foot candles for parking lot and other areas, however, the maximum lighting level to
average lighting level ratio shall not exceed 2.5 to 1.
b. 10 -foot candles along fronts of buildings and along main drive aisles within parking lots.
The maximum lighting level to average lighting level ratio shall not exceed 2.5 to 1.
c. 20 -foot candles for high security areas such as automated teller machines (ATMs), but
not including parking lots. The maximum to average ratio shall not exceed 1.5 to 1 for
canopy lighting, and 2.5 to 1 for pole- or building- mounted lighting. Lighting levels
shall be reduced to a maximum of 10 -foot candles after the close of business.
Newport Banning Ranch 3 -5
PLANNED COMMUNITY DEVELOPMENT PLAN
2. Light fixtures under any canopy shall be recessed into the canopy ceiling with a flat lens to
prevent glare. The bottom of the fixtures may protrude a maximum of two (2) inches from
the ceiling. The portions of the canopy not included in the sign area shall not be illuminated.
3. Lighting levels shall not exceed 0.5 foot - candles where commercial uses abut residential
uses.
3.4.3 Outdoor Lighting Standards for Multi - Family Residential Uses
The average maintained lighting levels for outdoor lighting affixed to multi - family residential
buildings shall not exceed the following:
a. 0.5 -foot candles at property line boundaries.
b. 10 -foot candles at buildings, parking lots or other areas. The maximum to average ratio
shall not exceed 2.5 to 1.
3.4.4 Outdoor Lighting Standards for Sports and Athletic Playing Fields in the CP
Land Use District
Light standards for athletic playing fields in the CP Land Use District shall be designed with
light control visors to control spill and glare and to direct light downward onto the playing
field. Light standards used for lighting playing fields shall be either Musco Lighting'", "Light
Structure Green" standards, or another comparable light standard of similar design that
reduces light spillage.
3.4.5 Outdoor "Dark Sky" Lighting Standards
The following outdoor lighting standards shall apply to all land uses within the BP Land Use
District and to any land use located within 100 feet of LOS /PTF and UOS /PTF Land Use
Districts, with the exception of those land uses within the CP Land Use District.
2. Full cutoff luminaires, as defined by the Illuminating Engineering Society of North America
(IESNA), shall be used in developed areas to minimize the amount of light emitted upward
directly from the luminaire.
3. Exterior lighting shall be shielded and directed to confine light to the intended area to be lit.
4. No skyward casting lighting shall be allowed.
5. Pathways and trails within the BP Land Use District shall be lit with low level bollard or other
similar lighting which shall not exceed three feet in height.
3-6 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
6. Lighting levels shall be restricted to the lowest intensity necessary for security and safety
purposes while still adhering to the recommended levels of the IESNA
Landscaping shall be used as filtering devices to soften the impact of direct exterior, reflected
exterior, and building interior lighting.
8. Design of outdoor lighting fixtures shall be approved as part of Site Development Review.
3.4.6 Design Standards for HOA- Maintained Outdoor Lighting in all Land Use
Districts
1. Common area outdoor lighting standards shall be metallic, unbreakable plastic, recessed or
otherwise designed to reduce the problems associated with damage and replacement of
fixtures. Fixtures shall be vandal- resistant.
2. Exterior lighting illuminating public areas, community facilities, and recreation areas shall be
designed to include a hierarchy of fixtures of varying heights, illumination levels, and design
features.
3. Parking lots, pedestrian walkways, and building entrances shall be adequately lit for security
purposes.
4. Alley lighting fixtures shall be equipped with sensors for automatic nighttime lighting. Style
and specifications for alley lighting shall be approved as part of Site Development Review.
5. Where Project and Neighborhood entry monuments are lit they shall be illuminated by
concealed, ground- mounted, up- lights. Lighting of Project and Neighborhood entry
monuments shall be permitted only along arterial and collector roadways, key intersections,
and neighborhood entries.
6. All electrical meter pedestals and light control equipment in HOA- maintained common areas
or public rights -of -ways shall be located with minimum public visibility and /or screened with
plants or allowed by jurisdictional agencies.
3.4.7 Exemptions from Outdoor Lighting Requirements
Lighting required by the Building Code.
2. Construction and emergency lighting used by construction workers, police, firefighting, or
medical personnel, provided the lighting is temporary and is discontinued immediately upon
completion of the construction work or abatement of the emergency requiring the lighting.
3. Lighting for oil production operations within the OF Land Use District.
Newport Banning Ranch 3 -7
PLANNED COMMUNITY DEVELOPMENT PLAN
3.5 Community Master Sign Program
Prior to issuance of the first Certificate of Occupancy, including the first model home complex, a
Master Sign Program for the community shall be submitted by the developer for approval by the
Planning Commission to address community entries, residential project entries, residential
neighborhood identification signs, public facility identification signs, way- finding signs, and any
other signs identified as necessary by the Planning Commission for the successful signage of the
Project. The Director may require that an additional sign program be approved by the Planning
Commission for a specific portion of the Project as part of a Site Development Review.
3.5.1 Community Master Sign Program Contents
The Community Master Sign Program shall address, at a minimum, the following:
1. Permitted sign types.
2. Prohibited signs.
3. The hierarchy of signage.
4. Definition of types of signs.
5. Locations and dimensions (size and height) for signs included in the Community Master Sign
Program.
6. Method of sign illumination.
7. Provisions for size, location, and duration of display of temporary signs.
8. Permitted sign styles, construction materials, colors, and lettering styles.
9. The review and permit procedure for individual signs included in the Community Master
Sign Program.
10. Procedures for modifying or amending the Community Master Sign Program.
3.5.2 Signs not included in the Community Master Sign Program
All signs not included as part of the Community Master Sign Program shall comply with NBMC
Section 20.42, "Sign Standards."
3-8 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS I
3.6 Green and Sustainable Regulations
All initial new development permitted pursuant to the NBR -PC shall comply with the guidelines
contained in the "Newport Banning Ranch Green and Sustainable Program," included as
Appendix A of the NBR -PC.
3.7 Parking Regulations
The following regulations shall govern the requirements for off - street parking of motor vehicles
within the Project. Except as otherwise specified herein, off- street parking within the Project Site
shall be provided in accordance with NBMC Chapter 20.40, "Off- Street Parking."
3.7.1 Preferential Parking for Carpools and Rideshare
Preferential parking spaces, in a number and location as determined by the Planning Commission
during Site Development Review, shall be designated for carpools, rideshare, Zipcaro, and /or
other vehicle- sharing services for commercial and visitor - serving resort uses within the Mixed -
Use /Residential District and the Visitor - Serving Resort/ Residential District.
Newport Banning Ranch 3 -9
PLANNED COMMUNITY DEVELOPMENT PLAN
3.8 Fire and Life Safety Requirements
3.8.1 Requirement for Fire and Life Safety Program
The Developer shall submit a comprehensive Fire and Life Safety Program for the Project for
approval by the City as part of a Master Development Plan for the entire Project Site as required in
Chapter 4, "Implementation," of the NBR -PC. At a minimum, the approved Fire and Life Safety
Program shall address all applicable State and City Fire and Building Codes, and the following
City Fire Department Guidelines:
Guideline G.01 — Hazard Reduction Zones.
2. Guideline G.02 — Fuel Modification Plans and Maintenance Standards.
3. Guideline G.03 — Construction Requirements for Special Fire Protection Areas.
The Fire and Life Safety Program shall identify any Urban Wildfire Interface Areas within and
adjacent to the Project Site and provide a list of plants that are prohibited in Urban Wildland
Interface Areas and a list of Fire Resistive plants that are permitted in Urban Wildland Interface
Areas. The Fire and Life Safety Program shall be approved pursuant to the provisions of
Chapter 4.4, "Master Development Plan" of the NBR -PC.
3.8.2 Alternate Materials and Methods
The Fire and Life Safety Program for the Project may include Alternate Materials and Methods, as
approved by the City's Fire Department pursuant to Newport Beach Fire Department Guideline
H.01.
3.8.3 Fire Restrictions in CC &Rs
Project CC &Rs shall contain the fire protection regulations approved by the City, and all property
owners shall be subject to the rules related to fire protection features as established in Project
CC &Rs.
3.8.4 Use of Fire and Life Safety Program
The Fire and Life Safety Program approved for the Project shall be made available by the
Developer to project builders, architects, landscape architects, HOAs, and property owners and
tenants within the Project as part of real estate sale - closing documents and leases.
3 -10 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3.9 Allowable Land Uses
3.9.1 Purpose and Intent
This section establishes the allowable land uses within all Land Use Districts identified on Exhibit
2 -1, "Planned Community Development Plan," and Exhibit 2 -2, "Planned Community
Development Table."
3.9.2 Permitted Uses
Uses listed as "Permitted Uses" are allowed subject to compliance with all applicable provisions
of the NBR -PC, issuance of a permit subsequent to approval of a Site Development Review,
Zoning Clearance, or any other permit required as required per Chapter 4, "Implementation," of
the NBR -PC, and /or any building permit or other permit required by the NBMC. These are
indicated as "P" uses in Exhibit 3 -1, "Allowable Uses."
3.9.3 Conditionally Permitted Uses
Uses allowed subject to the approval of a Conditional Use Permit (CUP) or Minor Use Permit
(MUP) are those allowed subject to compliance with the provisions of Section 4.9, "Use Permits,"
of the NBR -PC and any building permit or other permit required by the NBR -PC and NBMC.
These are indicated as either "CUP" or "MUP" uses in Exhibit 3 -1, "Allowable Uses."
3.9.4 Special Event Uses
Uses listed as "Special Event Uses" in NBMC Chapter 11.03, "Special Events," including but not
limited to fairs, community picnics, trash clean -ups, grand openings, and other similar events, are
allowed within all Land Use Districts of the NBR -PC subject to the provisions of NBMC
Chapter 11.03.
Newport Banning Ranch 3 -11
PLANNED COMMUNITY DEVELOPMENT PLAN
3.9.5 Limited Duration Uses
"Limited Duration Uses" as listed in NBMC Section 20.52.040 and the uses listed below are
permitted within any Land Use District subject to issuance of a Limited Term Permit, pursuant to
the provisions of Section 4.10, "Limited Term Permits," of the NBR -PC, and issuance of grading
permits, building permits, and any other permits required by the NBR -PC and NBMC:
1. Archaeological and paleontological site studies.
2. Temporary infrastructure facilities necessary for the development of adjacent areas (e.g.,
roads, utility lines, water reservoirs, flood control facilities, utility access roads, erosion
control devices and basins, etc.).
3. Temporary borrow, stockpile, and /or disposal sites for purposes of construction, which will
be removed at the completion of construction.
4. Temporary interpretive or environmental protection facilities associated with implementation
of the Habitat Restoration Program, or with other complementary programs as approved by
the entity responsible for the management of the Upland and Lowland Open Space Areas.
5. The temporary storage of maintenance and repair equipment and materials associated with
land development and construction of the Project, and the storage, staging, remediation,
crushing, and recycling of materials associated with site remediation and infrastructure
construction.
6. Temporary facilities for the growing of native plant materials related to the habitat restoration
of open space areas and facilities for the storing of equipment, building materials, and /or
vehicles related to open space restoration activities.
3.9.6 Uses Not Listed
Land uses not listed in Section 3.9.8, "Allowable Uses," of the NBR -PC are not allowed, except as
provided in Section 3.9.4, "Special Event Uses," Section 3.9.5, "Limited Duration Uses," and
Section 4.3.1 "Interpretations," of the NBR -PC.
3.9.7 Legal Non - Conforming Uses
Any use within the Project Site lawfully existing at the time of the effective date of the NBR -PC
including, without limitation, surface and subsurface oil and natural gas production operations,
maintenance and operation of existing easements and pipelines, surface leases for storage yards,
and other oil- related buildings, structures, and maintenance areas shall be considered legal non-
conforming uses and may be continued, notwithstanding any omission of a particular such use in
Table 3 -1, "Allowable Uses." Legal non - conforming uses are not permitted to be expanded.
3 -12 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3.9.8 Allowable Uses
Exhibit 3 -1, "Allowable Uses," establishes the permitted and conditionally permitted uses of the
NBR -PC for:
Open Space Districts:
• LOS /PTF —Lowland Open Space/Public Trails and Facilities;
• UOS /PTF — Upland Open Space /Public Trails and Facilities; and
• OF — Interim Oil Facilities.
Public Parks /Recreation Districts:
• CP —Community Park;
• BP — Bluff Park; and
• IP — Interpretive Parks.
Visitor - Serving Resort/Residential District:
■ VSR/R — Visitor - Serving Reson/Residential.
Residential Districts:
• RL — Low Density Residential;
• RUM — Low- Medium Density Residential; and
• RM — Medium Density Residential.
Mixed - Use /Residential District:
■ MU /R — Mixed- Use/Residential.
Newport Banning Ranch 3 -13
PLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 3 -1
ALLOWABLE USES
Newport Banning Ranch
LEGEND: P Permitted Use CUP Conditional Use Permit ❑ Not Permitted (empty cell)
MUP Minor Use Permit
LAND USE TYPE/FACI LITY
LAND USE DISTRICT
OPEN SPACE
PUBLIC PARKS/
RECREATION
RESIDENTIAL
P5
PE
_
O
c
Accessory structures and uses
P I P
'.. P
P
'.. P P
P
P
Accessary Dwelling Units per NBMC Section 20.48.200
MUPI
MUP I MUP
Alcoholic beverages, sale not for consumption on the premises
CUP" CUP"1
CUP
CUP
Alcohol sales, service and consumption
CUP
CUP
Amphitheaters - small
MUPMUP,
MUP
MUP
Arboretums and horticultural gardens
P I P
P
P
P
Arcades, game or movie
MUP
Artists'studios /galleries
P
P
ATM
P
P
Bed and breakfast inns
CUP
CUP
Bicycle rentals
P
P
P
P
Boat and other marine sales /rental /leasing/ minor repair of,
incidental to the sale of boat
-
MUP
Bars and nightclubs
CUP
CUP
Breweries, micro
CUP
CUP
Care Uses:
Adult day care (6 or fewer persons, per NBMC 20.48.070)
P
P I P
P
Adult day care (7 or more persons, per NBMC 20.48.070)
MUP
Child day care small 8 or fewer (per NBMC (20.48.070)
P
''. P I P
P
Child day care large 9 -14 (per NBMC 20.48.070)
MUP
Residential care facilities licensed 6 fewer (per NBMC 20.48.170)
P
P P
P
Residential care facilities 6 or fewer unlicensed (per NBMC
20.48.170)
=
__
=
__
CUP
- CUP'CUP
CUP
Residential care facilities 7 or more (per NBMC 20.48.170)
CUP
Caretaker residence
P T-FT
P
P
P
Colleges, universities (including Satellite learning facility)
MUP
Commercial Personal Services
I
Commercial Convenience Retail (per NBR -PC Section 2.6 and
3.14.2.2
-
p2, P,n
Community centers, public or HCA/private
P P
P
P
P P
IPP
Day Care - General
Day spas and medical spas
3 -14 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
LEGEND: P Permitted Use CUP Conditional Use Permit ❑ Not Permitted (empty cell)
MUP Minor Use Permit
ir
LAND USE TYPENACILITY
LAND USE DISTRICT
OPEN SPACE
PUBLIC PARKS/
RECREATION
RESIDENTIAL
0°
7
LL LL
0 O Q
Q
V m
K eL
Eating and drinking establishments sit down dining, serving
alcohol, bars, and lounges
CUP
CUP
Eating and drinking establishments, sit down dining no alcohol
service
P''
I
P
P
Financial institutions and related services
Po'
P01
P
Greenhouses, commercial
P
Habitat restoration, creation, and protection activities
P
P P
P P P
P P
P
P
P
Health /fitness centers and facilities small and large
MUP
P
Historical monuments and cultural heritage sites
P
P P
P_ P P
P
P
Interpretive Visitor Center and Custodial Facilities
P IM UP MUP
Maintenance and repair services ancillary to commercial use
P
Model home complex, information centers. Subject to approval of
a Model Home Complex Permit per NBR -PC Section 4.11
-
P P P
P
P
Native Plant Nurseries/Eco Garden Center not for profit
P i -MUP'. MUP
Nightclubs
CUP
CUP
Offices — professional
P
Offices — medical and dental
MUP
Offices — administrative ancillary to principally permitted or
permitted use.
-
=
_
P
P
Outdoor Dining associated with an eating and drinking
establishment
'..
MUP
MUP
Oil and natural gas facilities and operations/ surface operations
P
Oil and natural gas facilities and operations/ subsurface operations
P
P
P
P
P
P
P P
P
P
P
Parks and recreation facilities/ HOA- owned, public use
P
P
P P
P
P
P
Parks and recreation facilities/ HOA- owned, private use
P
P
P P
P
P
P
Parks and recreation facilities/public- owned, public use
P
I
Pet grooming, excluding boarding
P
P
Places of public assembly, including religious facilities and places
of worship
-
_
-
CUP
Plant growing facilities of nursery stock for profit
P
Plant growing facilities of nursery stock- not for profit
P
P
P
Printing and duplicating services
P
P
Public facilities (police, fire, library, etc.) — Permanent
P
l
P
Public facilities (police, fire, library, etc.) — Temporary
P
P P
P
P
Public infrastructure, utilities, and drainage facilities, minor
P
''. P
i P
P
I P
lcUP
P
P! P
1 P
P
P
Public infrastructure and utilities, major
CUP
GUP
CUP
CUP
CUP
cUP! CUP
CUP
CUP
CUP
Rental /leasing/repair of articles sold on premises
P
P
Residences, livelwork
(
P
Newport Banning Ranch 3 -15
PLANNED COMMUNITY DEVELOPMENT PLAN
LEGEND: P Permitted Use CUP Conditional Use Permit ❑ Not Permitted (empty cell)
MUP Minor Use Permit
LAND USE TYPENACILITY
LAND USE DISTRICT
OPEN SPACE
PUBLIC PARKS/
RECREATION
RESIDENTIAL
W
�
a
J
0 Vf Q
Q 1 Q
J
V
J
Residences, multi - family
P P
P
P
Residences, single - family attached
P P
P
P
Residences , single - family detached
P
P P
P
P
Resorts, inns, hotels, and accessory uses
CUP
CUP
Retail sales and service
P
P
Schools, business and professional
MUP
Sports fields, lighted and unlighted
P
Studios for instruction (dance, music and similar)
P
MUP
Studios for music, radio /television broadcasting, and similar
MUP
Taxi stands
P
P
Theaters (movie and performance)
CUP
Tourist information centers
I P
P
_
P
P
Trails, interpretive
P
P
P
P P
P
P
P P
P
P
Trails, multi -use (pedestrian /bicycle)
P
P
P
P P
P
P
P P
P
P
Veterinary clinics, small animals
P
Visitor- serving retail
P
P
Wireless Telecommunication Facilities per NBMC Chapter 15.70
P
I P
P
P I P
I P
P
I P P
P
P
I'I Any other land uses not listed as "permitted" within the CP District may be permitted as determined by the City of Newport
Beach.
lil Permitted subject to Section 2.6, Residential Districts," and Section 3.14.2.2, "Convenience Commercial Development
Regulations."
3 -16 pc chapter 3 land use & development regs 08.19.11 final. doe • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS I
3.10 Open Space District Regulations
3.10.1 Purpose and Intent
This section establishes the regulations governing development allowed within the Lowland Open
Space /Public Trails and Facilities District (LOS /PTF), the Upland Open Space/Public Trails and
Facilities District (UOS /PTF), and the Interim Oil Facilities District (OF).
3.10.2 Site Development Standards
1. LOS /PTF District and UOS /PTF District Regulations
The following regulations shall apply to all development within the LOS /PTF District and
UOS /PTF District:
a. Maximum Structure Height — 18 feet;
b. Maximum Structure Coverage — one percent (1 %) of total gross site area.
c. Landscape buffers may be planted in the LOS /PTF District adjacent to the boundary of
the OF District to screen oil facilities where feasible. Landscape buffers may include the
planting of native trees, shrubs, and /or groundcover and /or the installation of buffer
fencing pursuant to an approved Habitat Restoration Plan to visually buffer oil operations
facilities within the OF District from other areas of the Project Site.
2. OF District Regulations
The following regulations shall apply to all development within the OF District:
a. Maximum Height for Buildings — 18 feet.
b. Maximum Height all Other Surface Oil Production Structures — none.
c. All oil and gas production facilities, operations and servicing, together with all accessory
structures and uses which are customarily incidental or necessary to main buildings or
uses, are permitted within the Interim Oil Facilities District and shall be subject to
California Department of Conservation, Division of Oil, Gas, and Geothermal Resources
(DOGGR), California Laws for Conservation of Petroleum and Gas, and all other relevant
State and local laws and regulations.
Newport Banning Ranch 3 -17
PLANNED COMMUNITY DEVELOPMENT PLAN
3.11 Public Parks /Recreation District Regulations
3.11.1 Purpose and intent
This section establishes the regulations governing development allowed within the Community
Park District (CP), Bluff Park District (BP), and Interpretive Parks District (IP).
3.11.2 CP District, BP District, and IP District Regulations
The following regulations shall apply to all development within the CP, BP, and IF Districts:
1. Maximum Height for Buildings within CP District and IF District north of and adjacent to
Scenic Drive — 36 feet, except that elevators and other types of mechanical space, and
chimneys, towers and architectural treatments intended to add interest and variation to roof
design, that do not exceed ten (10) percent of the roof area may exceed the maximum height
restriction by twelve (12) feet.
2. Maximum Height all other Structures within CP, BP, and IP Districts — 18 feet.
3. Maximum Building Coverage — Five percent (5 %) of total gross site area within the CP, BP,
and IF Districts.
4. Bluff Setback CP, BP, and IP Districts — Habitable structures shall be set back a minimum of
sixty (60) feet from the top of the edge of the bluff.
5. Setback from Roadways CP, BP, and IF Districts — Buildings shall be set back a minimum of
fifteen (15) feet from public road rights -of -way.
6. Mechanical equipment, including utility vaults, and emergency power generators, but
excluding solar power equipment, shall be screened from view in a manner compatible with
the building materials and building setting. Noise associated with mechanical equipment
shall be attenuated to meet noise control standards set forth in NBMC Chapter 10.26,
"Community Noise Control."
3 -18 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3.12 Visitor - Serving Resort /Residential Regulations
3.12.1 Purpose and Intent
This section establishes the regulations governing development allowed within the Visitor - Serving
Resort/Residential District (VSR/R).
3.12.2 Visitor - Serving Resort /Residential District Regulations
Residential structures within the VSR/R District constructed as separate and freestanding
structures from the resort inn structure are subject to the development regulations established
in NBR -PC Section 3.13, 'Residential Development Regulations."
2. Visitor- serving resort and commercial structures within the VSR/R District constructed as
separate and freestanding structures from residential structures are subject to the
development regulations established for the Visitor - Serving Resort in NBR -PC Section 3.14,
"Commercial Development Regulations."
3. The following regulations shall apply to visitor - serving resort and residential uses when
combined in the same structure:
a. The development shall be subject to the regulations established for the Visitor - Serving
Resort in Exhibit 3 -5, "Commercial Development Regulations Matrix." and
b. Each residential dwelling unit shall have a minimum floor area of 550 square feet.
4. The following development regulations apply to all development within the VSR/R District:
a. Structure Height — The maximum height for any structure in the VSR/R District shall be
fifty (50) feet. Elevators and other types of mechanical space, and chimneys, towers and
architectural treatments intended to add interest and variation to roof design, that do not
exceed ten (10) percent of the roof area may exceed the maximum height restriction by
twelve (12) feet.
b. Bluff Setback — All habitable structures shall be set back a minimum of sixty (60) feet
from the top of the edge of a bluff.
c. Bike Racks — On -site bicycle rack(s) shall be provided at a minimum ratio of one bicycle
space per 2500 gross square feet of commercial area.
Newport Banning Ranch 3 -19
PLANNED COMMUNITY DEVELOPMENT PLAN
d. Deliveries, Loading, and Unloading — Deliveries, loading, unloading, openingiclosing or
other handling of boxes, crates, containers, building materials, trash receptacles, or
similar objects within the VSR/R land use district shall not be allowed 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.
e. Mechanical equipment, including utility vaults, and emergency power generators, but
excluding solar power equipment, shall be screened from view in a manner compatible
with the building materials and building setting. Noise associated with mechanical
equipment shall be attenuated to meet noise control standards set forth in NBMC
Chapter 10.26, "Community Noise Control."
3-20 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS I
3.13 Residential Development Regulations
3.13.1 Purpose and Intent
This section establishes the regulations governing residential development allowed within the
Low Density Residential District (RL), Low - Medium Density Residential District (RUM), Medium
Density Residential District (RM), Visitor - Serving ResorVResidential District (VSR/R), and Mixed -
Use /Residential District (MU /R).
3.13.2 Low Density Residential District, Low - Medium Density Residential District,
Medium Density Residential District, Visitor- Serving Resort /Residential
District, and Mixed - Use /Residential District Regulations
The following regulations apply to all Residential Land Use Districts:
Maximum structure height regulations apply to all structures within the Residential Land Use
Districts as follows:
a. Low Density Residential District — 36 feet.
b. Low- Medium Density Residential District — 45 feet.
c. Medium Density Residential District — 45 feet.
Elevators and other types of mechanical space, and chimneys, towers and architectural
treatments, intended to add interest and variation to roof design that do not exceed ten (10)
percent of the roof area, may exceed the maximum structure height by twelve (12) feet.
2. A minimum of one bicycle space per ten dwelling units shall be provided within multi - family
residential projects.
3. Mechanical equipment, including utility vaults, and emergency power generators, but
excluding solar power equipment, shall be screened from view in a manner compatible with
the building materials and building setting. Noise associated with mechanical equipment
shall be attenuated to meet noise control standards set forth in NBMC Chapter 10.26,
"Community Noise Control."
4. The regulations contained in Exhibit 3 -2, "Single- Family Detached Residential Site
Development Regulations Matrix," Exhibit 3 -3, "Single- Family Attached Residential Site
Development Regulations Matrix," and Exhibit 3 -4, "Multi- Family Residential Site
Development Regulations Matrix," shall apply to all residential uses within the RL, RUM,
RM, VSR/R, and MU /R Land Use Districts.
Newport Banning Ranch 3 -21
PLANNED COMMUNITY DEVELOPMENT PLAN
3.13.3 HOA Recreation Facility Regulations
The following regulations shall apply to private Homeowner Association (HOA) facilities intended
for the exclusive use of homeowners and their guests within all Residential Land Use Districts:
1. Permitted Recreation Facilities
a. Swimming pools, spas /jacuzzis, lap pools, kiddie pools, and similar water recreation
facilities, including associated safety fencing, poolside lounges, tables, and chairs, pump
and filter buildings and enclosures, and similar associated improvements.
b. Tennis courts, paddle /pickle ball courts, handball courts, full /half basketball courts, and
similar hard court facilities.
c. Picnic facilities, barbeque areas, seating areas, conversation pits, small amphitheaters,
and similar family and group areas,
d. Lawn, open turf, and other landscape areas, both functional and /or solely aesthetic,
including associated walkways, fountains, lighting, and furniture.
e. Areas for shuffleboard, putting greens, croquet, horseshoes, bocce ball, lawn bowling,
and similar outdoor games.
Buildings used for recreational activities such cards and billiards, arts and crafts, health
and fitness, saunas, showers and restrooms, HOA offices and meeting rooms, member
social events, kitchens, food preparation and meals, and similar activities commonly
associated with HOA needs and programs, including storage, HVAC and pool
equipment, and similar areas.
g. Other uses compatible with the above uses that may be proposed and approved during
Site Development Review, potentially including recycling centers and similar facilities
intended to promote sustainability.
2. Maximum Heights
a. Maximum structure height shall not exceed the maximum height established for
structures within the Residential Land Use District within which the HOA Recreation
Facility is located.
b. Maximum walls and fence height shall not exceed the maximum height of residential
walls and heights within the Residential Land Use District within which the HOA
Recreation Facility is located, or as otherwise required by the City for public health and
safety (e.g., fencing around swimming pools).
3-22 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
3. Off - Street Parking
a. Off - street parking shall not be required for outdoor HOA Recreation Facilities.
In. Off - street parking shall not be required for an HOA recreation building that is an integral
part of and solely serve a contiguous multi - family residential development or mixed -use
development.
c. Off- street parking may be required for HOA recreation buildings serving a one or more
single family development or more than one non - contiguous multi- family residential or
mixed development. Such requirement shall be determined at the time of Site
Development Review for the HOA Recreation Facility. If fronting on a public local
street, on- street parking, either in diagonal bays or as parallel parking spaces may be
used to satisfy what would otherwise be the off - street parking requirement, with the
exception of arterials.
d. Any off - street parking areas required for HOA recreation buildings shall conform with
NBMC Section 20.40.080, "Parking for Nonresidential Uses in Residential Zoning
Districts."
e. Overnight parking of any vehicles in HOA parking lots is prohibited.
4. Bicycle Racks
a. Bicycle racks shall be provided at all HOA Recreation Facilities as determined at the
time of Site Development Review for the HOA Recreation Facility.
b. Not less than ten (10) lockable bike spaces shall be provided.
5. Outdoor Storage of construction, landscape, and similar materials is prohibited.
6. The hours of operation for an HOA Recreation Facility, potentially including different hours
for different components of the facility, may be determined at the time of Site Development
Review for the facility based upon its particular size, location, and functions with the
community.
Development standards for each HOA Recreational Facility not addressed above shall be
determined at the time of Site Development Review for the facility based upon its particular
size, location, and functions with the community.
Newport Banning Ranch 3 -23
IPLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 3 -2
SINGLE - FAMILY DETACHED RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
DEVELOPMENT REGULATIONS
TYPE OF SINGLE - FAMILY DETACHED RESIDENTIAL
o
UT
ov
Oin
y
N
n
UU
U
LOT STANDARDS
Min. Lot Size (sq. ft.)
3,200
2,400
2,400
2,400
1,700'21
3,200 "'
Min. Building Site Area per Home (sq. ft.)
3,200161
2,400 161
2,400'6'
2,400 161
1,700121
1,600 "'
Min. Lot Width at Front Setback (ft.)
30'
25'
25'
25'
30' 121
30' 131
Min. Lot Depth (ft.)
75'
70'
70'
70'
40' 121
60' "1
Min. Lot Frontage at Street Right -of -Way (ft.)
• Typical Condition
30'
1 25'
1 25'
25'
30' `�) 30'
• Cul- de-sac or Knuckle Condition
20'
20'
20'
20'
20' (2) 20'
BUILDING STANDARDS
Max. Structure Height (ft.) 141 IRefer
to 3.13.2 for Maximum Structure Height per District.
Max. Building Coverage (% of lot)
70% 75% 75% 75% 85% 75%
Min. Building Separation (ft.) Is1
• Front to Front
_ 16i
— (6)
— 16'
— 161
24'
12'
• Front to Side
— f6)
—'6'
—161
_ (6)
8'
8'
• Side to Side
10'
10'
10'
8'
6'
6'
• Rear to Rear (if not rear loaded garages)
20'
16'
16'
16'
6'
6'
• Rear to Rear (if rear - loaded garages)
_ 161
_161
—161
—161
28'
28'
SETBACK STANDARDS BI
Min. Front Yard (ft.)
• Main Building and Accessory Structure from
Scenic Drive Right of Way
10'
10'
10'
10'
10'
10'
• Main Building from Interior Local Street Right-
of -Way
10'
5'
5'
5'
5'
5'
• Accessory Structure from Interior Street Right-
of -Way
5'
5'
5'
5'
5'
5'
Min. Rear Yard (ft.)
• Main Building from Property Line 1
10'
8'
8'
8'
3' (2)
3'
• Accessory Structure from Property Line 1
0'
0'
0'
0'
0'(2)
01
3 -24 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
Newport Banning Ranch 3 -25
TYPE OF SINGLE - FAMILY DETACHED RESIDENTIAL
DEVELOPMENT REGULATIONS
?
2
a
�.
N
ci
LL>
v
}
c
o
E
ro
d Y
a
c?
A a
L
J
0
E
V
Min. Side Yard (ft.)
• Main Building from Property Line 1
5'
1 5'
1 0710'
1 4'
1 3'(2)
4'
• Accessory Structure from Property Line
0'
0'
0'
0'
0' (2)
0'
-Garage"' Setbacks (ft.)
• From Street Right -of -way, Street - Facing Garages
53', > 19'
S3', > 19'
<3', > 19,
53', > 19'
:S3', > 19'
S3', > 19'
• Min. from Street Right -of -Way, Swing -in
8'
8'
8'
8'
8' (1)
8'
Driveway (9)
• Min. from Center Line of Alley for Rear Loaded
14'
14'
14'
14'
14'
14'
Garages
Minimum Habitable Structure Setback from Top of
60'
60'
60'
60'
60'
60'
Edge of Bluff
Minimum Habitable Structure Setback from
10'
10'
10'
10'
10'
10'
Abandoned Oil Well Head
Minimum Habitable Structure Setback from Active
100'
100'
100'
100'
100'
100'
Oil Well Head
USABLE PRIVATE OPEN SPACE STANDARDS p0�
Min. Open Space per Unit (sq. ft.)
150
140
140
130
120
100
Dimension (ft.)
7'
7'
7'
7'
7'
7'
Min. Vertical Clearance (ft.)
8'
8'
8'
8'
8'
8'
Max. Slope
5%
5%
5%
5%
5%
5%
WALL/FENCE STANDARDS
Max. Height — Privacy /Decorative
• Within Minimum Required Front Yard
42"
42"
42"
42"
42"
42"
Adjacent to Street ° �1
• Interior Rear or Side Yard not Adjacent to Street
6'
6'
6'
6'
6'
6'
• Rear or Side Yard Adjacent to Street
6' plus 2'
6' plus 2'
6' plus 2'
6' plus 2'
6' plus 2'
6' plus 2'
(see also Section 3.4.11)
retaining
retaining
retaining
retaining
retaining
retaining
nn
nu
mi
mi
mi
nn
Max. Height — Sound Attenuation Walls Adjacent
8'
8'
8'
8'
8'
8'
to Arterial Streets and Industrial Uses Outside
(including
(including
(including
(including
(including
(including
NBR -PC
retaining
retaining
retaining
retaining
retaining
retaining
wall) °1
wall""
wall 11)
walla')
wall"1)
wall (11)
PARKING STANDARDS
Resident Parking
Per NBR -PC Section 3.7, Parking Regulations.
Guest Parking lPer
NBR -PC Section 3.7, Parking Regulations.
Newport Banning Ranch 3 -25
IPLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 3 -2 FOOTNOTES
SINGLE- FAMILY DETACHED RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
" Shared- use /reciprocal access easement side yard home types only.
111 Cluster /Courtyard Homes may be developed as a condominium project and /or as individual fee lots with common
open space. Dimensions are for individual fee lots, without considering the common open space that would be part
of a condominium style project. Minimum lot dimensions, side and rear -yard setback criteria, and lot coverage
criteria are applicable only to single - family detached residential development on individual fee simple lots and are
not applicable to condominium single - family detached residential developments. All other development regulations
apply to condominium single - family detached residential developments.
131 A Compound Home is a main house and a guest house on an irregularly- shaped lot.
1al The maximum structure height within each Residential Land Use District is established for each District in Section
3.13.2.1. Elevators and other types of mechanical space and chimneys, towers and other non - habitable
architectural features intended to add interest and variation to roof design, that do not exceed ten (10) percent of the
roof area may exceed the maximum structure height restriction by twelve (12) feet.
"I Minimum building separation applies to homes on same side of roadways, alleys, or pedestrian paseos.
"I Type of development regulation Does Not Apply to this single - family detached housing type.
1>I Architectural details such as porches, roof overhangs, fireplaces, bay windows, pot shelves /brackets, and similar
details on the second level of rear loaded structures may encroach a maximum of three feet within the required
minimum building separation provided the details do not encroach into required fire/public safety accessways.
lel Setbacks are measured from property line unless noted otherwise. Garage setbacks are measured from back of
sidewalk or from curb face if no sidewalk is present. Architectural details such as porches, roof overhangs,
fireplaces, bay windows, pot shelves /brackets, and similar details may encroach a maximum of 1.5 feet within side
and rear yard setback area provided the details do not encroach into required fire /public safety accessways. No
encroachments into front yard or streetside setbacks are permitted.
191 Swing -in garages are permitted only on lots 55 feet wide or wider.
110j Useable Private Open Space includes rear and /or side yards, courtyards, patios, decks, roof decks, and other
landscape /hardscape areas that satisfy the minimum size and dimension requirements.
11j Higher walls may be allowed if required by an EIR mitigation measure or if recommended by a City- approved
acoustical study.
111 Outside of the minimum required Front Yard Section 3.2.7(4) permits fences and walls up to a maximum of six feet,
where such fences and walls will provide appropriate privacy for patios or similar usable resident areas.
n31 All garages shall have roll -up doors.
3-26 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
EXHIBIT 3 -3
SINGLE - FAMILY ATTACHED RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
DEVELOPMENT REGULATIONS
TYPE OF SINGLE - FAMILY ATTACHED RESIDENTIAL
x
v
N E
r c
_
LOT STANDARDS
Min. Lot Size (sq. ft.)
3,200
2,000
6,750
3,600
Min. Building Site Area per Unit (sq. ft.)
1,600
2,000
2,250
11800
Min. Lot Width at Front Setback (ft.)
30'
24'
50'
30'
Min. Lot Depth (ft.)
80'
80'
80'
80'
Min. Lot Frontage at Street Right -of -Way (ft.)
• Typical
30'
24'
50'
30'
• Cul-de -sac or Knuckle
20'
20'
40'
20'
BUILDING STANDARDS
Max. Structure Height (ft.) �'�
Refer to Section 3.13.2 far Maximum Structure Height
per Residential District.
Max. Building Coverage (% of lot)
80%
85%
85 %
75
Min. Building Separation (ft.)
• Front to Front
— (5)
— (5)
16' (6)
_ (5r
• Front to Side
_ (s)
_ (5)
8,(6)
_ (s)
• Side to Side
_ (s(
_ (5)
6' (6)
_ (s
• Rear to Rear (if not rear - loaded garages)
_ (5)
_ (5)
6' (6)
_ (s
• Rear to Rear (if rear - loaded garages)
28' (6(
28' (6(
28' (6(
28'(6)
SETBACK STANDARDS to
Min. Front Yard (ft.)
• Main Building and Accessory Structures from
Scenic Drive Right -of -Way
10'
10'
10'
10'
• Main Building from Interior Street Right -of -Way
5'
5'
5'
5'
• Accessory Structure from Interior Street Right -of-
Way
3'
3'
3'
3'
Newport Banning Ranch 3 -27
PLANNED COMMUNITY DEVELOPMENT PLAN
DEVELOPMENT REGULATIONS
TYPE OF SINGLE - FAMILY ATTACHED RESIDENTIAL
x
a
y E
o s
L C
_
iv
a
=q
Min. Rear Yard (ft.)
• Main Building from Property Line
5'
3'
3'
8'
• Accessory Structure from Property Line
0'
0'
0'
0'
Min. Side Yard (ft.)
• Main Building from Property Line
3'
3'
3'
3'
• Accessory Structure from Property Line
0'
0'
0'
0'
Garage('') Setbacks (ft.)
• Min. from Street Right -of -Way, Street- facing
Garages
3'
3'
3'
3'
• Min. from Street Right -of -Way, Swing -in
Driveway rat
8'
8'
8'
8'
• Min. from Alley Right -of -Way / Lot
0'
0'
0'
0'
• Garage Door to Street Right -of -Way / Back of
Sidewalk
<3', > 19'
S3', > 19'
S3', > 19'
<3', > 19'
Minimum Habitable Structure Setback from Top of
Edge of Bluff
60'
60'
60'
60'
Minimum Habitable Structure Setback from
Abandoned Oil Well Head
10'
10'
10'
10'
Minimum Habitable Structure Setback from Active
Oil Well Head
too,
100'
100'
too,
USABLE PRIVATE OPEN SPACE STANDARDS (91
Min. Open Space per Unit (sq. ft.)
100
100
100
100
Min. Dimension (ft.)
7'
7'
7'
7'
Min. Vertical Clearance (ft.)
8'
8'
8'
8'
Max. Slope
5%
5%
5%
5
WALUFENCE STANDARDS
Max. Heights — Privacy /Decorative
• Within Minimum Required Front /Side Yard
Adjacent to Street 1'll
42"
42"
42"
42"
• Interior Rear or Side Yard not Adjacent Street
6'
6'
6'
6'
• Rear or Side Yard Adjacent to Street
(see Section 3.4.11)
6' plus 2'
retaining (10)
6' plus 2'
retaining p01
6' plus 2'
retaining 1101
6' plus 2'
retaining "I
3-28 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
Newport Banning Ranch 3 -29
TYPE OF SINGLE-FAMILY ATTACHED RESIDENTIAL
DEVELOPMENT REGULATIONS
y E
Max. Heights — Sound Attenuation Walls Adjacent to
8' including
8'
8'including
8' including
Arterial Streets and Industrial Uses Outside NBR -PC
retaining °0'
including
retaining 001
retaining °01
retaining °0
PARKING STANDARDS
Resident Parking
Per NBR- Section 3.7, Parking Regulations.
Guest Parking
Per NBR -PC Section 3.7, Parking Regulations.
Newport Banning Ranch 3 -29
PLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 3 -3 FOOTNOTES
SINGLE - FAMILY ATTACHED RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
1'1 A Triplex with Carriage consists of a residential structure on a condominium lot with two rowhouse units and
a carriage unit, typically over a garage.
1s1 A Villa consists of a single - family or duplex residence on a fee ownership lot, where separate living areas
potentially with separate doors, share the kitchen and potentially other rooms within the unit. It is intended
especially for the needs of multi - generational families living under the same roof.
131 The maximum structure height within each Residential Land Use District is established for each District in
Section 3.13.2.1. Elevators and other types of mechanical space and chimneys, towers and other non -
habitable architectural features intended to add interest and variation to roof design, that do not exceed ten
(10) percent of the roof area may exceed the maximum structure height restriction by twelve (12) feet.
141 Minimum building separation applies to homes on same side of roadways, alleys, or pedestrian paseos.
61 Does Not Apply if one Single - Family Attached Residential Unit is proposed on one lot. If more than one
duplex, rowhouse/townhome, or villa is proposed on one lot, the minimum building separation will be as
determined in City's Site Development Review of project.
181 Architectural details such as porches, roof overhangs, fireplaces, bay windows, pot shelves/brackets, and
similar details on the second level of rear loaded structures may encroach a maximum of three feet within the
required minimum building separation provided the details do not encroach into required fire/public safety
accessways.
VI Setbacks are measured from property line unless noted otherwise. Front loaded or swing in garage setbacks
are measured from back of sidewalk or from curb face if no sidewalk is present. Architectural details such as
porches, roof overhangs, fireplaces, bay windows, pot shelves/brackets, and similar details may encroach a
maximum of 1.5 feet within front, side and rear yard, and streetside setback area provided the details do not
encroach into required fire/public safety accessways.
181 Swing -in garages are permitted only on lots 55 feet wide or wider.
191 Useable Open Space includes rear and/or side yards, courtyards, patios, decks, roof decks, and other
landscape /hardscape areas that satisfy the minimum size and dimension requirements.
1107 Higher walls will be allowed if required by an EIR mitigation measure or if recommended by a City- approved
acoustical study.
111 Outside of the minimum required Front Yard Section 3.2.7(4) permits fences and walls up to a maximum of
six feet, where such fences and walls will provide appropriate privacy for patios or similar usable resident
areas.
1121 All garages shall have roll -up doors.
3 -30 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
EXHIBIT 3 -4
MULTI- FAMILY RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
Newport Banning Ranch 3 -31
TYPE OF
MULTI - FAMILY RESIDENTIAL
t
DEVELOPMENT REGULATIONS
3
3 m
3
N Q
P C
y Q
5
tL
q > -
R -
•C
� C
9 � C
L �
R y
A y
R x
C&
W
N � C
LOT STANDARDS
Min. Building Site Area per Unit (sq. ft.)
1 1,200
1,200
750
BUILDING STANDARDS
Max. Structure Height (ft.) i'i
Refer to Maximum Building Height for applicable District.
Max. Building Coverage (% of Site)
85%
90%
90%
Min. Building Separation (ft.) ix)
• Front to Front
24' (3)
24' (3)
24' (3'
• Front to Side
10' o'
10' o'
10' X31
• Side to Side
6 ' 3)
613)
6'(3)
• Rear to Rear (if not rear - loaded garages)
8' (3)
8,(3)
8,(3)
• Rear to Rear (if rear - loaded garages)
28' (3)
28'(3)
28' (3)
SETBACK STANDARDS (4)
Building Setbacks (ft.)
• Min. from Arterial Street Right -of -Way
10'
10'
10'
• Min. from Scenic Drive Right-of-Way
10'
10'
10'
• Min. from Local Street Right -of -Way
5'
5'
5'
• Min. from Parks and Open Space
10'
10'
20'
• Min. from Adjacent Uses Outside NBR -PC
—
—
20'
Minimum Habitable Structure Setback from Top of
60'
60'
60'
Edge of Bluff
Minimum Habitable Structure Setback from
Abandoned Oil Well Head
10'
10'
10'
Minimum Habitable Structure Setback from Active
Oil Well Head
100'
100'
100'
Newport Banning Ranch 3 -31
IPLANNED COMMUNITY DEVELOPMENT PLAN
F_1w_
TYPE OF
MULTI - FAMILY RESIDENTIAL
r
c y
c o
c
DEVELOPMENT REGULATIONS
� p
� c ❑
O
LL A
LLv ro
LLa b
N CC
N CC
N CC
Parking Area Setbacks (ft.)
• Min. from Arterial Street Right -of -Way
--
—
15'
• Min. from Local Street Right -of -Way
10'
10'
15'
• Min. from Residential District
—
—
10'
• Min. from CP District
—
—
10'
• Min. from Open Space District
--
--
10'
COMMON OPEN SPACE STANDARDS (5)
Minimum Open Space per Unit (sq. ft.)
50
50
5o
Min. Dimension (ft.)
15'
15' 1
15'
USABLE PRIVATE OPEN SPACE STANDARDS (6)
Min. Open Space per Unit (sq. ft.)
70
70
70
Min. Dimension (ft.)
7'
7'
7'
Min. Vertical Clearance (ft.)
8'
8'
8'
Max. Slope
5%
5%
5%
WALUFENCE STANDARDS
Max. Heights — Privacy /Decorative
• Within Minimum Required Front / Side Yard
42"
42"
42"
Adjacent to Street `al
• Interior Rear or Side Yard not Adjacent to Street
6'
6'
6'
• Rear or Side Yard Adjacent to Street
6' w/
6' w/
6' w/
(see Section 3.4.11)
2' retaining 01
2' retaining °1
2' retaining
Max. Heights — Sound Attenuation Adjacent Arterial
8' includes
8' includes
8' includes
Streets and Industrial Uses Outside NBR -PC
retaining °I
retaining °1
retaining 17l
PARKING STANDARDS
Resident Parking
Per NBR -PC Section 3.7, Parking Regulations.
Guest Parking
Per NBR -PC Section 3.7, Parking Regulations.
3 -32 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
EXHIBIT 3 -4 FOOTNOTES
MULTI- FAMILY RESIDENTIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
... The maximum structure height within each Residential Land Use District is established for each District in
Section 3.13.2.1. Elevators and other types of mechanical space and chimneys, towers and other non -
habitable architectural features intended to add interest and variation to roof design, that do not exceed ten
(10) percent of the roof area may exceed the maximum structure height restriction by twelve (12) feet.
131 Minimum building separation applies to homes on same side of roadways, alleys, or pedestrian paseos.
�m Architectural details such as porches, roof overhangs., fireplaces, bay windows, pot shelves/brackets, and
similar details on the second level of rear loaded structures may encroach a maximum of three feet within
the required minimum building separation provided the details do not encroach into required fire/public
safety accessways.
Setbacks are measured from property line unless noted otherwise. Front loaded or swing in garage setbacks
are measured from back of sidewalk or from curb face if no sidewalk is present. Architectural details (such
as porches, roof overhangs, fireplaces, bay windows, pot shelves/brackets, and similar details) may encroach
a maximum of 1.5 feet within side and rear yard setback area provided the details do not encroach into
required fire /public safety accessways. No encroachments into front yard or streetside setbacks are
permitted.
Common Open Space may include swimming pools, recreation areas, recreation buildings, and roof decks.
Useable Private Open Space includes rear and /or side yards, courtyards, patios, decks, roof decks, and other
landscape/hardscape areas that satisfy the minimum size and dimension requirements. Usable Open Space
may be either private (e.g., balconies, decks, roof decks accessible directly from units, etc.) and /or common
(plazas, recreation decks, swimming pools, etc.).
�n Higher walls will be allowed if required by an EIR mitigation measure or recommended by a City- approved
acoustical study.
Outside of the minimum required Front Yard Section 3.2.7(4) permits fences and walls up to a maximum of
six feet, where such fences and walls will provide appropriate privacy for patios or similar usable resident
areas.
Newport Banning Ranch 3 -33
PLANNED COMMUNITY DEVELOPMENT PLAN
3.14 Commercial Regulations
3.14.1 Purpose and intent
This section establishes the regulations governing development of commercial uses allowed
within the Mixed- Use/Residential District (MU /R), Visitor - Serving Resort/Residential District
(VSR/R), Low - Medium Density Residential District (RUM), and Medium Density Residential
District (RM).
3.14.2 Mixed - Use /Residential District, Visitor - Serving Resort /Residential District,
Low - Medium Density Residential District, and Medium Density Residential
District Regulations
The regulations contained in Exhibit 3 -5, "Commercial Development Regulations Matrix," apply
to all commercial uses allowed within MU /R, VSR /R, RUM, and RM Land Use Districts.
1. General Development Regulations
a. A maximum of 75,000 square feet of commercial development is allowed within the
Project Site. Commercial uses constructed as part of a resort inn facility as allowed
within the VSR/R Land Use District which may include restaurants, bars, full- service
spas, fitness centers, specialty shops, banquet and meeting facilities, and similar uses
which are customarily developed as part of or in conjunction with a resort inn use shall
not be counted as part of the maximum permitted 75,000 square feet of commercial
development
b. Visitor - serving commercial uses constructed independent of a resort inn, such as, but not
limited to, restaurant(s) and bars, gift and sundry shops, business centers, fitness centers,
spas and salons, swimming pools and recreation facilities and similar uses are allowed
pursuant to Section 4.17.3, "Transfer of Commercial Area from the MU /R District to the
VSR/R District. These types of visitor - serving commercial uses shall be counted as part
of the maximum allowable 75,000 square feet of commercial development.
c. All refuse waste containers, excluding sidewalk trash receptacles, shall be enclosed
within a building or a fully - enclosed architectural structure that is visually compatible
with the main building.
d. A minimum of one bicycle space per each 2,500 square feet of gross commercial floor
area shall be provided as part of all commercial development.
e. Service vehicle routes shall be designed to provide direct access to service and loading
dock areas and avoid movement across commercial parking areas.
3 -34 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
Deliveries, Loading, and Unloading — Deliveries, loading, unloading, openingiclosing or
other handling of boxes, crates, containers, building materials, trash receptacles, or
similar objects within the VSR/R land use district shall not be allowed 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.
g. Outdoor storage and display of materials, merchandise, and equipment for outdoor
activities of non - residential uses in the MU /R and VSR/R land use districts shall comply
with NBMC Section 20.48.140, "Outdoor Storage, Display, and Activities."
h. Mechanical equipment, including utility vaults, and emergency power generators, but
excluding solar power equipment, shall be screened from view in a manner compatible
with the building materials and building setting. Noise associated with mechanical
equipment shall be attenuated to meet noise control standards set forth in NBMC
Chapter 10.26, "Community Noise Control."
2. Convenience Commercial Development Regulations
In addition to the regulations as provided for in Section 3.14.2.1, "General Development
Regulations," the following regulations, shall govern development of Convenience Commercial
uses allowed within the Low - Medium Density Residential District (RUM) and Medium Density
Residential District (RM).
a. A maximum of 2,500 square feet of Convenience Commercial uses is permitted within
the R/LM or RM District pursuant to Section 2.6, "Residential Districts," subject to the
following regulations:
1) Convenience Commercial businesses may be located within and /or adjacent to
HOA -owned and - operated facilities.
2) Commercial building(s) shall front onto either a public local street or arterial road.
3) All convenience commercial uses shall be conducted within buildings unless
otherwise expressly authorized as part of Site Development Review.
4) Outdoor storage of materials and merchandise is prohibited.
5) Hours of operation shall be addressed in the Site Development Review and may be
imposed as a condition of approval.
6) For commercial uses fronting a public local street other than an arterial street, on-
street, parking, either in diagonal bays or as parallel parking spaces, may be used to
satisfy what would otherwise be the off - street parking requirement.
Newport Banning Ranch 3 -35
PLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 3 -5
COMMERCIAL
DEVELOPMENT REGULATIONS MATRIX
Newport Banning Ranch
DEVELOPMENT REGULATIONS
LAND USE
DISTRICT
MU /R
VSR/R
RUM, RM
-c
'E x
>
m
y E
d E
u.0
eo
`o r
=
>eC
u m
a E
c E
UU
BUILDING STANDARDS
Max. Floor -Area Ratio (FAR)
2.5
2.0
1.5
1.0
Max. Structure Height (ft.) nl
Referto Maximum Building Height for applicable District.
Max. Building Coverage (% of Site)
90%
1 90%
80%
80
Min. Building Separation (ft.) 121
• Front to Front
24'
24'
18'
18'
• Front to Side
24'
24'
18'
18'
• Side to Side
12'
12'
12'
12'
• Rearto Rear
12'
12'
12'
12'
SETBACK STANDARDS o1
Building Setbacks (ft.)
• Min. from Arterial Street Right -of -Way
10
10
10
10
• Min, from Local Street Right -of -Way
0'
0'
5'
0'
• Min. from Residential Districts
20'
20'
10'
10'
• Min. from Parks and Open Space Districts
20'
20'
10'
10'
• Min. from Adjacent Uses Outside NBR -PC
20'
20'
—
—
• Min. from Top of Edge of Bluff
60'
60'
60'
60'
Minimum Habitable Structure Setback from
Abandoned Oil Well Head
10'
10'
10'
10'
Minimum Habitable Structure Setback from Active Oil
Well Head
100'
100'
100'
100'
Parking Area Setbacks (ft.)
• Min. from Arterial Street Right -of -Way
15'
15'
10'
0'
• Min. from Local Street Right -of -Way
15'
15'
5'
0'
• Min. Residential District
10'
10'
10'
10'
• Min, from Parks and Open Space District
10'
10'
10'
0'
3 -36 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS
" Elevators and other types of mechanical space and chimneys, towers and other non - habitable architectural features
intended to add interest and variation to roof design, that do not exceed ten (10) percent of the roof area may exceed
the maximum structure height restriction by twelve (12) feet. The maximum structure height shall not exceed the
Maximum Structure Height established for the Land Use District. Elevators and other types of mechanical space, and
chimneys, towers and other non - habitable architectural features, intended to add interest and variation to roof design,
that do not exceed ten (10) percent of the roof area may exceed the maximum structure height by twelve (12) feet..
u Minimum building separation applies to buildings on same side of roadways, alleys, or pedestrian paseos.
is Setbacks are measured from property line unless noted otherwise. Architectural details such as porches, roof
overhangs, fireplaces, bay windows, pot shelves /brackets, and similar details may encroach a maximum of 1.5 feet
within side and rear yard setback area provided the details do not encroach into required fire/public safety
accessways. No encroachments into front yard or streetside setbacks are permitted.
(4 Higher walls will be allowed if required by an EIR mitigation measure or recommended by a City- approved acoustical
study.
Newport Banning Ranch 3 -37
LAND USE
DISTRICT
MU /R
VSR/R
RL /M, RM
A
no
>
A
DEVELOPMENT REGULATIONS
c
a z
V?
*E
/ E
H
`o
C
E
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E
- y
>
a V
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U U
LANDSCAPE / HARDSCAPE STANDARDS
Min. Landscape / Decorative Hardscape Coverage
5%
5%
10%
5
(% of Site)
WALL / FENCE STANDARDS (4)
Max. Heights — Privacy /Decorative
• Front / Side Yard Adjacent Street
42"
42"
42"
42"
• Rear / Side Yard not Adjacent Street
6'
6'
6'
6'
Max. Heights — Sound Attenuation Adjacent Arterial
8'
8 ' 4'
8' (4)
8' (4)
Streets and Industrial Uses Outside NBR -PC
PARKING STANDARDS
Commercial Parking
Per NBR -PC Section 3.7, Parking Regulations.
Resident Parking
Per NBR -PC Section 3.7, Parking Regulations.
Guest Parking
Per NBR -PC Section 3.7, Parking Regulations.
" Elevators and other types of mechanical space and chimneys, towers and other non - habitable architectural features
intended to add interest and variation to roof design, that do not exceed ten (10) percent of the roof area may exceed
the maximum structure height restriction by twelve (12) feet. The maximum structure height shall not exceed the
Maximum Structure Height established for the Land Use District. Elevators and other types of mechanical space, and
chimneys, towers and other non - habitable architectural features, intended to add interest and variation to roof design,
that do not exceed ten (10) percent of the roof area may exceed the maximum structure height by twelve (12) feet..
u Minimum building separation applies to buildings on same side of roadways, alleys, or pedestrian paseos.
is Setbacks are measured from property line unless noted otherwise. Architectural details such as porches, roof
overhangs, fireplaces, bay windows, pot shelves /brackets, and similar details may encroach a maximum of 1.5 feet
within side and rear yard setback area provided the details do not encroach into required fire/public safety
accessways. No encroachments into front yard or streetside setbacks are permitted.
(4 Higher walls will be allowed if required by an EIR mitigation measure or recommended by a City- approved acoustical
study.
Newport Banning Ranch 3 -37
PLANNED COMMUNITY DEVELOPMENT PLAN
3.15 Mixed -Use / Residential Regulations
3.15.1 Purpose and intent
This section establishes the regulations applicable to development in the Mixed -Use/ Residential
District (MU /R) of both residential and commercial uses within separate buildings together on one
site (horizontal mixed -use), and /or combined within one building (vertical mixed -use).
3.15.2 Mixed- Use /Residential District Regulations
Residential uses in freestanding buildings separate from commercial buildings are subject to
the development regulations established for the specific housing type in Section 3.13,
"Residential Development Regulations," and the respective development regulations
provided for in Exhibits 3 -2 through 3 -5 of that section.
2. Commercial uses in freestanding buildings separate from residential uses are subject to the
development regulations for commercial uses established in Section 3.14, "Commercial
Development Regulations," and to the development regulations established in Exhibit 3 -5 for
"Commercial Development Regulations Matrix."
3. Commercial uses shall be located and designed so that the commercial building fronts the
street and are oriented towards public plazas, courtyards, and /or streets.
4. The maximum height for any building in the MU /R District is sixty (60) feet. Elevators,
mechanical space, chimneys, towers and architectural treatments, intended to add interest
and variation to roof design, and that do not exceed ten (10) percent of the roof area, or
exceed the height restriction by more than twelve (12) feet, are permitted.
5. Deliveries, Loading, and Unloading — Deliveries, loading, unloading, opening/closing or
other handling of boxes, crates, containers, building materials, trash receptacles, or similar
objects within the VSR/R land use district shall not be allowed 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.
6. Mechanical equipment, including utility vaults, and emergency power generators, but
excluding solar power equipment, shall be screened from view in a manner compatible with
the building materials and building setting. Noise associated with mechanical equipment
shall be attenuated to meet noise control standards set forth in NBMC Chapter 10.26,
"Community Noise Control."
3 -38 pc chapter 3 land use & development regs 08.19.11 final.doc • August 19, 2011
LAND USE AND DEVELOPMENT REGULATIONS I
3.15.3 Vertical Mixed -Use Development Regulations
Vertical mixed -use development, where commercial uses are located on the ground floor and
residential uses are located above commercial uses, is subject to the development regulations
provided for in Section 3.14, "Commercial Regulations, and the development regulations Vertical
Mixed -Use as provided for in Exhibit 3 -5, Commercial Development Regulations Matrix. The
following additional regulations apply to vertical mixed -use development:
1. Residential areas shall have a separate entrance(s) from the commercial portion(s) of the
project.
2. Development regulations for a vertical mixed -use building shall be those for "Vertical Mixed -
Use" in Section 3.14, "Commercial Regulations."
3. A minimum floor area per residential unit of 550 square feet shall be provided. Minimum
floor area per residential unit may be reduced to 450 square feet for affordable studio
apartment housing units.
4. Commercial uses shall be located and designed so that the commercial building fronts the
street and are oriented towards public plazas, courtyards, and /or streets.
5. Plazas and /or courtyards visible from a public street are required as part of the project.
Plazas and /or courtyards shall be at least fifty (50) feet wide at a point perpendicular to
adjacent buildings.
6. Commercial uses that face a public plaza or street shall use sixty percent (60 %) transparent
material (e.g., clear glass) on their exterior building fagades between three (3) and eight (8)
feet above grade.
7. No building facade that extends along a sidewalk shall be blank or flat (without doors,
windows, or articulation) for more than fifty (50) feet.
8. The use of recessed windows and doors is required. Varying building heights, building
setbacks, roof shapes, wall lengths, and trim elements shall be incorporated into the project
architecture.
9. Parking shall be either subterranean and /or located to the rear of the buildings with
commercial frontage as the primary streetscape element. Parking facilities shall be physically
separated for nonresidential uses and residential uses, except for residential guest parking. If
enclosed parking is provided for an entire mixed -use complex, separate areas /levels shall be
provided for nonresidential and residential uses with separate building entrances, whenever
possible, subject to confirmation and approval by the review authority.
Newport Banning Ranch 3 -39
PLANNED COMMUNITY DEVELOPMENT PLAN
10. Private open space areas shall be provided for residential dwelling units in accordance with
the minimum requirements established for multi - family residential dwelling units in Exhibit 3-
4, Private open space areas (i.e., balconies, decks, porches, etc.) shall be designed to limit
intrusion by nonresidents.
11. Common open space areas shall be provided for residential dwelling units in accordance
with the minimum requirements established for multi - family residential dwelling units in
Exhibit 3 -4. Common open space areas required for residential dwelling units shall be
separated from nonresidential uses on the site and shall be sited and designed to limit
intrusion by nonresidents and customers of nonresidential uses. However, the sharing of
common open space may be allowed by the review authority when it is clear that the open
space will provide direct benefit to project residents. Common open space uses may be
provided on rooftops for use only by the project residents.
12. An acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the
Director describing the acoustical design features of the structure that will satisfy the exterior
and interior noise standards. Projects shall be attenuated in compliance with the report.
Mixed -use projects shall comply with the noise standards, NBMC Chapter 10.26,
"Community Noise Control."
13. Loading areas for nonresidential uses shall be located as far away as possible from residential
uses and shall be completely screened from view from the residential portion of the project
and public rights -of -way. Loading areas shall be compatible in architectural design and
details with the overall project. The location and design of loading areas shall mitigate
nuisances from odors when residential uses might be impacted.
14. Separate site access driveways shall be provided, whenever possible, for nonresidential and
residential uses. Site access driveways shall incorporate distinctive architectural elements,
landscape features, and signs to help differentiate access to nonresidential parking areas from
access to residential parking areas.
15. Buffering and screening shall be provided in compliance with NBMC Section 20.30.020
(Buffering and Screening). Mixed -use projects shall locate commercial loading areas, parking
lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from
the residential portion of the development to the greatest extent feasible.
16. Deliveries, Loading, and Unloading — Deliveries, loading, unloading, opening/closing or
other handling of boxes, crates, containers, building materials, trash receptacles, or similar
objects within the VSR/R land use district shall not be allowed 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.
17. Bike parking spaces shall be provided per NBR -PC Section 3.14, "Commercial Regulations."
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LAND USE AND DEVELOPMENT REGULATIONS I
3.15.4 Live -Work Residences Development Regulations
Live -work units, where a residence is located to the rear of, or on top of, an artist's or professional
studio, commercial retail space, or office store front, shall be located only within commercial
buildings or vertically- integrated mixed -use buildings, and are subject to the following
regulations:
1. Residential dwellings shall have a minimum habitable floor area of 550 square feet.
2. Commercial sales, office or studio areas shall have a minimum floor area of 450 square feet.
3. The Commercial /office area of the live /work unit shall front a public plaza, courtyard, or
street.
4. The residential area of the live /work unit shall be located either above or to the rear of the
commercial area.
5. Commercial /office uses shall comprise the primary ground -floor front entrance.
6. Entries into the residential portion of the live -work unit shall be separate and clearly
identified as such.
3.15.5 Outdoor Storage, Display, and Activities
Outdoor storage and display of materials, merchandise, and equipment for outdoor activities of
non - residential uses in the MU /R and VSR/R land use districts shall comply with NBMC Section
20.48.140, "Outdoor Storage, Display, and Activities."
Newport Banning Ranch 3-41
4 IMPLEMENTATION AND ADMINISTRATION
4.1 Purpose and Intent
This Chapter establishes procedures for the implementation and administration of the NBR -PC.
4.2 Development Permits Required
All development within the NBR -PC is subject to approval of the discretionary and ministerial
permits as described in this Chapter.
4.3 Interpretation and Enforcement
4.3.1 Interpretation
The Community Development Director has the authority to interpret the meaning of provisions of
the NBR -PC, including exhibits, and to apply and /or enforce the NBR -PC. The Director may also
refer any issue of interpretation to the Planning Commission (Commission) for input or a
determination. A decision of the Director may be appealed to the Commission in compliance with
Chapter 20.64, "Appeals," of the NBMC.
4.3.2 Enforcement
All conditions, requirements, and standards, indicated graphically or in writing as part of any
approved discretionary permit or detailed plan granted by authority of these regulations, shall have
the same force and effect as the Land Use and Development Regulations contained in Chapter 3 of
the NBR -PC. Any use or development established as a result of such approved permit or plan, but
not in compliance with all such conditions, requirements, and standards shall be in violation of the
NBR -PC. The provisions of Chapter 20.68, "Enforcement," of the NBMC are applicable to all
activities within the Project Site.
Newport Banning Ranch 4 -1
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PLANNED COMMUNITY DEVELOPMENT PLAN
4.4 Master Development Plan
4.4.1 Purpose and Intent
Approval by the City of a Master Development Plan (MDP) for the 401.1 -acre Project Site is
required prior to issuance of any grading or construction permit for development of any portion of
the Project Site. The purpose of the MDP is to provide plans for grading roadways, infrastructure,
restoration activities within the Open Space Land Use Districts and development activities within
the Residential , Visitor - Serving Resort and Residential, Mixed -Use and Residential and Park and
Recreation Land Use Districts. The MDP shall provide design criteria for each private land use
component proposed within each Land Use District at a sufficient level of detail to guide the review
of subsequent development approvals as required by this Chapter prior to issuance of construction -
level permits.
4.4.2 Contents of a Master Development Plan
The following are the minimum required components of any MDP application. The Director may
require additional components and /or materials as part of an MDP application.
Development plans and statistical summaries for open space, park and development areas
within the Project Site prepared at a sufficient level of detail to determine general consistency
of the Master Development Plan with the NBR -PC Development Plan and Land Use and
Development Regulations and any subdivision map(s) for the Project Site submitted for City
review. Development plans shall include general layouts for circulation and access including
public and private streets, private alleys, pedestrian paths, and public trails, and of the plan for
development of residential, commercial, parks and visitor serving resort uses. The Director
may require additional application materials to illustrate land use interface elements to buffer
and separate new development and existing adjacent land uses or land uses within the Project.
2. A master grading plan describing the grading concept for the Project Site, including bluff /slope
restoration, preliminary earthwork quantities for cut and fill, and contours and grades,
generally at one -foot contour intervals for all graded areas of the Project Site including
remedial grading for geotechnical purposes.
3. Master infrastructure plans describing the pattern and hierarchy of roadways to serve the
development and a master infrastructure plan for domestic and fire water service, wastewater
collection and treatment, and drainage and water quality management along with a description
of any required off -site improvements or regional upgrades to existing systems. A description
of the dry utilities service providers serving the Project Site shall also be included.
4. A habitat restoration plan for the Open Space Land Use Districts, describing habitat areas and
methods or plans for habitat preservation and restoration.
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IMPLEMENTATION AND ADMINISTRATION
5. A Fire and Life Safety Program describing the fuel management plan and fire protection
program for the Project.
6. A Green and Sustainable Program describing minimum requirements for "green" building,
minimum required green site design features, and compliance with the green and sustainable
regulations contained within Appendix A of the NBR -PC.
A master landscape plan, describing the landscape concepts and planting plan for the Project
to include, at a minimum:
a. Landscape zones and corresponding detailed plant palettes, with common and botanical
names provided;
b. Streetscape plans and cross - sections;
c. Cross - sections depicting landscape treatment of fire management zones;
d. Conceptual plan for community walls and fences;
e. Conceptual plans for community entries; and
f. Conceptual plan for street signage and street light fixtures.
8. Architectural design guidelines illustrating the design, character, and scale for each land use to
be developed within the Project Site to include the following:
a. Typical streetscape plotting, architectural character elevations exhibits for each residential
housing type;
b. The architectural footprint, massing, and character for mixed - use /residential and visitor -
serving resort/residential uses; and
c. A master color palette for the Project.
A plan describing the implementation and administration of the MDP.
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PLANNED COMMUNITY DEVELOPMENT PLAN
4.4.3 Review Authority and Application Review
The Planning Commission shall be the recommending body to the City Council, which shall serve
as the review authority for the MDP application. If the MDP application is accompanied by an
application for any other discretionary approval such as a subdivision map, Site Development
Review, Use Permit, or Modification Permit, then the Planning Commission shall be the
recommending body on all applications to the City Council, which shall serve as the review
authority for all related discretionary permits.
In approving the MDP, the review authority shall make the findings set forth in NBR -PC
Section 4.4.4, "Findings for Approval of a Master Development Plan." Proposed amendments to an
approved MDP shall be reviewed and approved in the same manner as the initial application for
MDP approval.
A Public hearing before the Planning Commission and City Council shall be required before the
recommendation or action on an application for an MDP. Notice of the hearing shall be provided
and the hearing shall be conducted in compliance with NBMC Chapter 20.62, "Public Hearings."
4.4.4 Findings for Approval of a Master Development Plan
The following findings are required prior to approval or conditional approval of an application for a
MDP:
1. The MDP is consistent with the NBR -PC Development Plan and NBR -PC Land Use and
Development Regulations;
2. The MDP is compatible with the character of immediately adjacent land use and will not be
detrimental to the orderly and harmonious development of the immediate surrounding area
and of the City of Newport Beach;
3. The MPD preserves and protects environmentally sensitive areas, wherever practicable.
Structures or landform alterations are not located within environmentally sensitive areas,
except as identified in a Habitat Restoration Plan approved as part of an MDP or an
Environmental Impact Report certified for the Project;
4. The MDP does not include development of structures in areas of potential geologic hazard
unless specific conditions of approval are imposed which shall reduce adverse impacts to an
acceptable level; and
5. The MDP includes site development plans and design guidelines that help to ensure that the
development of the NBR- PC Development Plan will be accomplished in a cohesive manner
and is adequately served by infrastructure, public facilities, and parks, while also preserving
natural habitat areas within permanent open space.
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IMPLEMENTATION AND ADMINISTRATION
4.4.5 Development Activities Permitted Pursuant to Master Development Plan
Approval
The following development activities are permitted pursuant to City approval of the MDP for the
Project Site, subject to an approved tentative subdivision map and approval of all required permits
from local, State (including Coastal Commission) and Federal agencies with permitting jurisdiction
over the activity:
1. Remediation activities within all land use districts pursuant to a Final Remediation Action Plan
approved by appropriate state and local agencies;
2. Rough grading of land use development areas within all land use districts, including bluff /slope
restoration and remedial grading to address geotechnical and soils issues, as depicted on
approved subdivision map(s) and within the Master Development Plan;
3. Construction of all public roadways, utilities, and backbone drainage and infrastructure
improvements to serve all land use districts and as depicted on an approved tentative
subdivision map(s) and within the Master Development Plan;
4. Limited clearing and grading within the OS District required for restoration of permanent open
space areas and creation of habitat mitigation areas for future restoration, 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 part of the MDP;
5. Implementation of the Habitat Restoration Plan within the OS District included as part of the
MDP to implement project design features and mitigate for impacts of the approved
subdivision map(s) and the Master Development Plan; and
6. Consolidation of oil production facilities into the OF District which are activities regulated by
DOGGR.
4.4.6 Requirement for Site Development Review
The following development activities are permitted pursuant to approval of the MDP for the Project
Site subject to recordation of a final subdivision map, City approval of Site Development Review, as
described in Section 4.5, "Site Development Review," of the NBR -PC, , and approval of all required
permits from local, State (including Coastal Commission), and Federal agencies:
1. Development of land uses within the Residential Districts, Visitor Serving Resort and
Residential District, Mixed Use and Residential District, and Park and Recreation District.
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PLANNED COMMUNITY DEVELOPMENT PLAN
4.5 Site Development Review
4.5.1 Purpose and Intent
The purpose of Site Development Review is to provide a procedure for the review of land use and
design of specific development projects prior to issuance of construction level permits and to
ensure consistency of development projects with the NBR -PC and the approved MDP.
4.5.2 Applicability
Site Development Review approval is required prior to the issuance of a Building or Grading
Permit for any development activity within the Project Site, as described in Section 4.4.6,
"Requirement for Site Development Review," with the following exceptions:
a. Structures subject to the issuance of a Zoning Clearance pursuant to Section 4.14, "Zoning
Clearances," of the NBR -PC.
4.5.3 Application Review
Applications for Site Development Review shall be submitted and reviewed in accordance with
NBMC Chapter 20.52.080 "Site Development Reviews," Sections C through H. An application for
Site Development Review shall also include the status of project implementation, describing the
following:
For residential Site Development Review applications:
1. The number of units approved prior to the Site Development Review Application on all
Tentative and recorded Final Subdivision Tract Maps within the respective Land Use District;
2. The number of units under construction or constructed within the respective Land Use District
at the time of the Site Development Plan Review Application;
3. The total permitted units within the Land Use District pursuant to Exhibit 2 -1 "Planned
Community Development Plan," and Exhibit 2 -2, "Planned Community Development Table,"
of the NBR -PC;
4. An accounting of any residential units requested for transfer from one Land Use District to
another as part of the Site Development Review and any residential units previously approved
for transfer from one Land use District to another; and
5. An accounting of all Inclusionary Housing Program affordable housing units approved and
constructed or bonded for, or for which in -lieu fees have been paid or will be paid.
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IMPLEMENTATION AND ADMINISTRATION
For commercial Site Development Review applications:
An accounting of approved and developed commercial square footage per land use district and
an accounting of any commercial square footage requested for transfer from the MU /R land use
district to another land use district.
For all Site Development Review applications:
Site Development Review applications shall identify all oil wells and vents to be abandoned as
part of a development of new uses and shall describe the appropriate setbacks and design
guidelines to be implemented pursuant to the provisions of the NBR -PC and NBR Remediation
Action Plan.
4.5.4 Review Authority
The Planning Commission shall be the review authority for Site Development Review applications.
If the Site Development Review application is accompanied by an application for any other
discretionary approval such as a Use Permit, or Modification Permit, then the Planning Commission
shall be the review authority on all applications.
A Public hearing before the Planning Commission shall be required before action on an application
for Site Development Review. Notice of the hearing shall be provided and the hearing shall be
conducted in compliance with NBMC Chapter 20.62, "Public Hearings."
4.6 Modification Permits
4.6.1 Purpose
The purpose of this Section is to provide relief from specified development standards of the NBR -
PC when so doing is consistent with the purposes of this NBR -PC and does not negatively impact
the community at large and /or the neighborhood of the specified development.
4.6.2 Applications, Allowable Modifications, and Application Review
Applications for a modification of any development standard as provided for in Chapter 3, "Land
Use and Development Regulations," of the NBR -PC shall be submitted and reviewed pursuant to
the provisions of NBMC Chapter 20.52.050, C through G "Modification Permits."
4.7 Subdivision Maps
Applications for subdivision maps, including tentative tract maps, parcel maps or other forms of
land property subdivision recognized by the California Subdivision Map Act, shall be filed with and
reviewed by the City pursuant to NBMC Title 19, Subdivisions (i.e., Subdivision Ordinance).
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i PLANNED COMMUNITY DEVELOPMENT PLAN
4.8 Coastal Development Permit
All development within the Project Site is subject to approval of a Coastal Development Permit(s)
(CDPs) by the California Coastal Commission except that development defined as Categorically
Exempt per Section 30610 of the Coastal Act or as defined as exempt by the Coastal Commission as
part of an approved CDP, Local Coastal Program, for all or any portion of the Project Site. Existing
and new oil operations are permitted within the Project Site pursuant to the South Coast Regional
Coastal Zone Conservation Commission Claim for Exemption No. E- 7 -27 -73 -144. Existing oil
operations may continue until consolidated or removed prior to development pursuant to the NBR-
PC. All abandonment and re- abandonment of oil facilities, site remediation, removal of oil
production facilities, and consolidation of oil production facilities within the OF District shall be
conducted per the requirements of the appropriate State and local regulatory agencies. New oil
operations are permitted within the OF Land Use District.
Upon City approval of a Master Development Plan and any other accompanying applications,
including a subdivision map and pre- annexation and development agreement, the Developer may
submit the City approved applications to the California Coastal Commission as an application for a
Coastal Development Permit (CDP) which may also be referred to as a Master Coastal
Development Permit (MCDP)'.
Subsequent to issuance by the California Coastal Commission of a CDP, or MCDP, City approval of
subsequent discretionary and ministerial permits shall be required prior to implementation of the
Master Development Plan as provided for in this Chapter.
When any CDP(s) or MCDP is approved by the Coastal Commission that varies from the approval
granted by the City for the same application, said CDP(s) or MCDP shall be re- submitted and
reviewed by the City as a new application.
All permits issued by the Coastal Commission are referred to as "Coastal Development Permits." As
described herein, the Coastal Development Permit includes the MDP approved by the City and
subsequently approved by the Coastal Commission is referred to as a "Master Coastal Development
Permit."
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IMPLEMENTATION AND ADMINISTRATION
4.9 Use Permits
4.9.1 Purpose
A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses and
associated operational characteristics that may be appropriate in the applicable zoning district, but
whose effects on a site and surroundings cannot be determined before being proposed for a specific
site.
4.9.2 Review Authority and Application Review
Where the NBR -PC requires approval of a Minor Use Permit the review authority shall be the
Zoning Administrator. Where the NBR -PC requires approval of a Conditional Use Permit the
review authority shall be the Planning Commission.
Applications for Use Permits shall be filed by the applicant and reviewed by the City pursuant to
NBMC Chapter 20.52.020, D through G, "Conditional Use Permits and Minor Use Permits."
4.10 Limited Term Permits
4.10.1 Purpose
The purpose of this Section is to provide a process to permit uses of limited duration, such as
activities that are interim, non - permanent, and /or seasonal in nature, which would be compatible
with adjacent and surrounding uses when conducted in compliance with this Section.
4.10.2 Applicability
A Limited Term Permit allows limited duration uses that might not meet the development or use
standards of the applicable Land Use District, but which may otherwise be acceptable because of
their temporary or limited nature. Limited duration uses shall not be conducted, established, or
operated in any manner without the approval and maintenance of a valid Limited Term Permit in
compliance with this Section.
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PLANNED COMMUNITY DEVELOPMENT PLAN
4.10.3 Uses Exempt from Requirements
The following uses are exempt from this section:
1. Those uses listed as exempt in NBMC Chapter 20.52.040.0 "Limited Term Permits Duration
Uses;" and
2. Model Home Complexes which are permitted pursuant to the requirements of NBR -PC Section
4.11, "Model Home Complex Permit."
4.10.4 Uses Allowed Subject to a Limited Term Permit
The following Limited Duration Uses are allowed subject to approval of a Limited Term Permit in
compliance with this section:
1. Uses listed in Section 3.9.5, "Limited Duration Uses," of the NBR -PC; and
2. Uses listed in NBMC Chapter 20.52.040.13 "Allowed Limited Duration Uses."
4.10.5 Application Filing, Processing, and Review
An application for a Limited Term Permit shall be submitted and reviewed in accordance with the
provisions of NBMC Chapter 20.52.040, "Limited Term Permits," E through K.
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IMPLEMENTATION AND ADMINISTRATION
4.11 Model Home Complex Permit
All model home complexes within Residential, Visitor - Serving Resort/Residential, and Mixed -Use/
Residential Land Use Districts of the NBR -PC shall require approval of a Model Home Complex
Permit as specified in this Section.
4.11.1 Intent
The intent of the Model Home Complex Permit is to implement certain standards as specified in the
NBR -PC designed to safeguard the welfare of the community when a temporary real estate sales
office is established in a portion of the Project Site.
4.11.2 Application
The application for a Model Home Complex Permit shall be made on forms and in a format as
determined by the Director.
4.11.3 Review Authority and Application Review
The Director shall be the review authority for a Model Home Complex Permit and shall base
his /her action on a determination of whether the project complies with the provisions of this
Section of the NBR -PC. Action taken on an application for a Model Home Complex Permit is
considered ministerial. A public hearing is not required prior to action on a Model Home Complex
Permit application.
4.11.4 Effective Date, Time, Time Limits, and Extension
An application for a Model Home Complex Permit may be approved for a maximum time period of
36 months from the date of approval. Prior to the expiration of the 36 -month period, the permit
may be extended one additional 36 -month period if the model home complex continues to comply
with the requirements of this Section. Prior to issuance of certificates of use and occupancy for
residential use and occupancy of the model homes, the temporary improvements shall be removed
and the site shall be brought into full compliance with the terms and requirements of the original
discretionary approval for the residential development project as a whole.
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I PLANNED COMMUNITY DEVELOPMENT PLAN
4.11.5 Structures and Facilities Permitted with a Model Home Complex Permit
Construction of the following structures and facilities are allowed as a part of a temporary model
home complex:
1. Model homes in compliance with the regulations applicable to the properties that are being
sold;
2. Garages, attached and detached, in compliance with the regulations applicable to the
properties that are being sold. Garages attached to units being used as model homes may be
used as temporary sales offices;
3. Temporary manufactured structures or commercial coaches for sales or leasing purposes;
4. Accessory buildings and structures in compliance with the regulations associated with
properties being sold;
5. Recreational facilities that will be permanent facilities within the subdivision in compliance
with the regulations applicable to the area in which properties are being sold;
6. Streets and driveways that will be a permanent part of the subdivision after the abandonment
of the model home complex;
7. Temporary children's playgrounds;
8. Temporary and permanent fencing, walks, and structural amenities; and
9. Temporary vehicle parking and maneuvering areas to provide off - street parking as necessary
for employees and guests.
4.12 Variances
4.12.1 Purpose
A Variance provides a process for City consideration of requests to waive or modify certain
standards of the NBR -PC when, because of special circumstances applicable to the property,
including location, shape, size, surroundings, topography, or other physical features, the strict
application of the development standards otherwise applicable to the property denies the property
owner privileges enjoyed by other property owners in the vicinity and in the same Land Use
District.
4.12.2 Applications and Review of Variance Requests
An application for a variance shall be submitted and reviewed in accordance with the provisions of
NBMC Chapter 20.052.090, "Variances."
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IMPLEMENTATION AND ADMINISTRATION
4.13 Community Master Sign Program
4.13.1 Approval of a Community Master Sign Program
Approval of a Community Master Sign Program to address community entries, residential project
entries, residential neighborhood identification signs, public facility identification signs, way- finding
signs, and any other signs identified as necessary by the Director for the successful signage of the
Project, is required prior to issuance of the first Certificate of Occupancy, including the first model
home complex.
4.13.2 Application and Review
An application for Community Master Sign Program shall be submitted by the developer on forms
and of content as determined by the Director. The Planning Commission shall be the review
authority for an application for a Community Master Sign Program. A Public hearing before the
Planning Commission shall be required before action on an application for a Community Master
Sign Program. Notice of the hearing shall be provided and the hearing shall be conducted in
compliance with NBMC Chapter 20.62, "Public Hearings."
4.14 Zoning Clearances
4.14.1 Purpose
Zoning Clearance is a process allowing ministerial approval of certain uses or structures that
comply with the land use and development regulations established within Chapter 3 "Land Use and
Development Regulations," of the NBR -PC for the respective land use.
4.14.2 Applicability
A Zoning Clearance shall be required for the following:
Initiation of a Use — A Zoning Clearance shall be obtained before the initiation or
commencement of any use of land not requiring the construction of a structure.
2. Change of Use — Whenever a use is proposed to be changed, whether or not the new use
involves a new lessee, operator, or owner, a Zoning Clearance shall be obtained.
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i PLANNED COMMUNITY DEVELOPMENT PLAN
3. Building Permit, Grading Permit, or other Construction Permit — A Zoning Clearance shall be
obtained before the City issues a new or modified Building Permit, Grading Permit, or other
construction - related permit required for the alteration, construction, modification, moving, or
reconstruction of any structure including the following:
a. Accessory structures as defined by the NBR -PC;
b. Fences and /or walls not a part of an approved subdivision or Site Development Review;
c. The reconstruction or exterior remodeling of existing structures (including facade
improvements); and
d. Any activities requiring a zoning clearance shall require verification that no abandoned oil
wells or vents exist on the lot prior to the issuance of a permit. If an abandoned well or
vent exists, proper setbacks and design guidelines shall be followed as outlined in the
NBR Remediation Action Plan.
4.14.3 Applications and Review
Applications for a zoning clearance will be submitted and reviewed in accordance with the
provisions of NBMC Chapter 20.52.100, "Zoning Clearances."
4.15 Application of Residential Densities
Maximum residential densities established for any Land Use District as set forth in NBR -PC
Chapter 2, "Development Plan," shall apply to the Land Use District as a whole and not to any
portion thereof.
4.16 Land Use Acreage Refinement, Transfer of Residential Dwelling
Units, and Transfer of Commercial Area
Land use acreage refinements, transfer of planned residential dwelling units, and transfer of
commercial square footage from that described in Exhibit 2 -2, "Planned Community Development
Table," may be approved within the NBR -PC in accordance with the provisions of Section 4.17,
"Minor Modifications."
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IMPLEMENTATION AND ADMINISTRATION
4.17 Minor Modifications
This Section describes activities that constitute minor modifications to the NBR -PC and establishes
the procedure for approving minor modifications to the NBR -PC. The following are considered
minor modifications to the NBR -PC, including Exhibit 2 -1, "Planned Community Development
Plan," and Exhibit 2 -2, "Planned Community Development Table."
4.17.1 Land Use Acreage Refinements
A change in the Land Use District boundary lines as illustrated on Exhibit 2 -1, "Planned
Community Development Plan," and corresponding change in the Gross Acres for the respective
Land Use District as described on Exhibit 2 -2, "Planned Community Development Table," is
permitted as part of the approval of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, provided the requested change does
not result in:
An increase in gross acres or gross density of more than fifteen percent (15 %) of the land use
district for which the change is requested;
2. A reduction in the total area allocated to the Lowland Open Space/Public Trails and Facilities
District to less than 115 gross acres;
3. A reduction in the total area allocated to the Upland Open Space /Public Trails and Facilities
District to less than 85 gross acres;
4. A reduction in the total area allocated to the CP District to less than 28 gross acres; and
5. The total area within the Project Site boundary does not exceed 401.1 gross acres.
4.17.2 Transfer of Residential Dwelling Units
A change in the planned number of residential dwelling units for any Land Use District as
described on Exhibit 2 -2, "Planned Community Development Table," resulting from a transfer of
residential dwelling units from one Residential Land Use District to another, is permitted as part of
the approval of either a Master Development Plan, Site Development Review, or subdivision map
application submitted for the Project Site, provided:
The transfer does not result in an increase of more than fifteen percent (15 %) in the total
number of planned dwelling units described on Exhibit 2 -2, "Planned Community
Development Table," for the Land Use District receiving additional dwelling units;
2. The total number of dwelling units for the Project Site does not exceed 1,375;
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PLANNED COMMUNITY DEVELOPMENT PLAN
3. All dwelling units planned within the Land Use District can be developed pursuant to the
applicable development regulations established in NBR -PC Chapter 3, "Land Use and
Development Regulations," for the housing types planned for development;
4. 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 rates 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.
5. The total number of dwelling units within the MU /R Land Use District does not exceed 730;
and
6. A corresponding subdivision map is approved by the City if the transfer results in a change to
any previously approved subdivision map.
4.17.3 Transfer of Commercial Area from MU /R District to VSR /R District
In the event a resort inn is not developed in the VSR/R District, a portion of the total commercial
area described in Exhibit 2 -2, "Planned Community Development Table," may be transferred from
the MU /R District to the VSR/R District for development of ancillary visitor - serving commercial uses
such as restaurants, bars, visitor and tourist oriented retail shops, a fitness facility, a full service
health spa, park and recreation facilities, and similar uses provided:
The total area of commercial uses developed within the Project Site does not exceed 75,000
square feet.
2. 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 rates 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. The
visitor serving commercial uses can be developed pursuant to the applicable development
regulations established in NBR -PC Chapter 3, "Land Use and Development Regulations." for
commercial development within in the VSR/R land use district.
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IMPLEMENTATION AND ADMINISTRATION
4.17.4 Review Authority
The review authority for a minor modification to the NBR -PC shall be the same review authority as
established in this Chapter with authority to approve or conditionally approve the development
application being considered in conjunction with a request for a minor modification.
A minor modification to the NBR - Planned Community Development Plan and /or Planned
Community Development Table shall be processed in accordance with the following procedures:
An application to revise the Planned Community Development Plan and /or Planned
Community Development Table shall be submitted as part of an application for approval of
either a Master Development Plan for the Project Site or as part of an application for approval
of a subdivision map or a Site Development Review;
2. An application for a minor modification to revise the Planned Community Development Plan
and /or Planned Community Development Table shall be accompanied by a revised Planned
Community Development Table reflecting the proposed changes and any additional
background and /or supporting information as determined by the Director; and
3. Unless determined otherwise by the City, the revised NBR -PC document shall serve as the
reference document for any future revisions to Exhibit 2 -1, "Planned Community Development
Plan," and Exhibit 2 -2, "Planned Community Development Table," as they may be approved
from time to time. Such revisions shall be located in an appendix to the NBR -PC.
4.18 Amendments
All proposed changes to the NBR -PC other than those identified in Section 4.17, "Minor
Modifications," of the NBR -PC, or as otherwise provided for within the NBR -PC, shall be
considered amendments to the NBR -PC and shall be reviewed pursuant to the provisions of NBMC
Chapter 20.56.050 "Planned Community District Application Procedures."
Newport Banning Ranch 4 -17
DEFINITIONS OF TERMS /ACRONYMS
5.1 Definitions of Terms
The meaning and construction of words, phrases, titles, and terms used in the NBR -PC shall be
the same as provided in the Newport Beach Municipal Code (NBMC), Chapter 20.70, except as
otherwise provided in this Chapter.
Applicant — Newport Banning Ranch LLC, the property owner of Newport Banning Ranch.
Accessory Structures and Uses — Per NBMC, Chapter 20.70.020.
Amphitheater Small — Outdoor gathering space for lectures, forums, educational demonstrations
and community based gatherings.
Arroyo — A small gully or channel of an ephemeral drainage, flanked by relatively steep sides
consisting of unconsolidated sediments.
Arroyo, Southern — The Southern Arroyo is the arroyo within the Upland Open Space/ Public
Trails and Facilities (UOS /PTF) District.
Arroyo, Northern — The Northern Arroyo is classified as the central arroyo within the Upland
Open Space /Public Trails and Facilities (UOS /PTF) District.
Arroyo, Small — The Small Arroyo is classified as the northernmost arroyo within the Upland
Open Space /Public Trails and Facilities (UOS /PTF) District. Sometimes referred to in technical
reports as Drainage A.
Best Management Practice (BMP) — As defined by NBMC definition for BMP 20.70.020.
Backbone Roadways — Bluff Road, North Bluff Road, and 15th, 16`s, and 171' Streets within
Newport Banning Ranch.
Bluff — A high bank or bold headland with a broad, precipitous, sometimes rounded cliff face
overlooking a plain or body of water. A bluff may consist of a steep cliff face below and a more
sloping upper bluff above.
Bluff Edge — The upper termination of a bluff. In cases where the top edge of the bluff is rounded
away from the face of the bluff as a result of erosional processes related to the presence of the
steep bluff face, the bluff edge shall be defined as that point nearest the bluff beyond which the
downward gradient of the surface increases more or less continuously until it reaches the general
gradient of the bluff. In a case where there is a step like feature at the top of the bluff face, the
landward edge of the topmost riser shall be taken to be the bluff edge. Bluff edges typically
Newport Banning Ranch 5 -1
pc chapter 5 definitions 08.19.11.doc • August 19, 2011 August 18, 2011
PLANNED COMMUNITY DEVELOPMENT PLAN
retreat landward due to erosion, landslides, development of gullies, or by grading (cut). In areas
where the bluff top or bluff face has been cut or notched by grading, the bluff edge shall be the
landward most position of either the current of historic bluff edge. In areas where fill has been
placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath
fill, shall be taken to be the bluff edge.
Where a site is bounded on at least one side by a canyon, the coastal bluff edge is the
portion of the site that drains directly into the ocean. The portion of the site that drains first
to the canyon (landward of the divide between the drainage to the ocean and the canyon)
is not considered a coastal bluff.
Bluff Face — The portion of a bluff between the bluff edge and the toe of the bluff.
Bluff Toe — For bluffs subject to marine erosion, the point at which the landward extent of the
mean high water line of the sea meets the face of the bluff. For bluffs not subject to marine
erosion, the point where the downward slope of the bluff face first decreases to a grade of less
than 33 %.
California Coastal Commission — The state agency established by state law responsible for
carrying out the provisions of the Coastal Act and for review of coastal permits on appeal from
local agencies.
Care Uses — Per definitions for Day Care, Day Care General, and Residential Care Facilities in
NBMC 20.70.020
City — The City of Newport Beach, California.
Coast Highway — See West Coast Highway.
Coastal Development Permit — A permit for any development within the coastal zone that is
required pursuant to subdivision (a) of Section 30600.
Coastal Zone — The coastal area defined in Coastal Act §30103, over which the Coastal
Commission exercises jurisdiction. The entire Project Site is within the Coastal Zone.
Condominium — A form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common
with other owners. Includes a condominium project, community apartment project, or stock
cooperative, as defined in California Civil Code Section 1351.
Dark Sky Lighting — Dark sky lighting refers to an exterior lighting concept which enforces
measures to control or eliminate light pollution.
5-2 pc chapter 5 definitions 08.19.1 -1.doc • August 19, 2011
DEFINITIONS OF TERMS /ACRONYMS
Deferred Certification Area (DCA) — An area which has not been officially segmented for
purposes of LCP preparation and where both the land use plan and implementation plan have
been deferred to some future date in order to avoid delay in certifying the balance of the LCP.
Developer — The Applicant, Newport Banning Ranch LLC, a partnership composed of Aera
Energy LLC, Brooks Street and Cherokee Investment Partners LLC, or another entity assigned by
the applicant to develop any portion of the Project Site.
Development — Per NBMC 20.70.020 The placement or erection of any solid material or structure
on land, in or under water; discharge or disposal of any dredged material or of any gaseous,
liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any
materials; change in the density or intensity of use of land, including, but not limited to,
subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot
splits, except where the land division is brought about in connection with the purchase of such
land by a public agency for public recreational use; change in the intensity of use of water, or of
access thereto; construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility; and the removal or harvesting of
major vegetation other than for agricultural purposes.
Development Area — Lands proposed for development pursuant to the requirements and
procedures described in herein.
Director — The City's Community Development Director
Habitat Restoration Plan (HRP) — A comprehensive plan for the preservation and enhancement of
ecological resources within the Project Site. The HRP also includes guidelines to ensure long-
term habitat management and protection of these natural resources.
Lowland — The Lowland is the portion of the Project Site outside of (and topographically below)
the Upland, composed primarily of oil operations and service roads intermixed with degraded
wetland and wet meadow areas, largely below an elevation of 10 to 15 feet above Mean Sea
Level, and containing approximately 150 acres.
Mean Sea Level (MSL) — The average (mean) height of the sea.
Newport Banning Ranch 5 -3
PLANNED COMMUNITY DEVELOPMENT PLAN
Mitigation —As defined in §15370 of the State Guidelines for the California Environmental
Quality Act, mitigation includes:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating or restoring the impacted environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action.
5. Compensating for the impact by replacing or providing substitute resources or environments.
Orange County Fire Authority (OCFA) — The Orange County Fire Authority is a regional fire
service agency that serves 22 cities in Orange County and all unincorporated areas.
Parks and Recreation Facilities, Public — Those park and recreational facilities within the Project
owned, operated and maintained by a public agency and which include but are not limited to
lighted and unlighted sports fields, playgrounds, picnic areas and shelters, restrooms, community
centers, gymnasiums, skate parks, lighted and unlighted sports courts, off -leash dog parks, tot lots,
small amphitheaters, and parking lots.
Parks and Recreation Facilities, HOA Public Use — Those park and recreational facilities within
the Project owned and maintained by a Homeowners Association but which are available for
public use and which include but are not limited to paseos, trails, picnic areas, scenic overlooks,
bike paths, nature interpretive centers, custodial facilities, gazebos, park benches, kiosks, tot lots
interpretive signage, visitor centers, and small amphitheaters.
Parks and Recreation Facilities, HOA Private Use — Those park and recreational facilities owned
and maintained by a Homeowners Association for the exclusive use of Project residents and
members of the Homeowners Association which include but are not limited to pools, spas, tot
lots, picnic areas, informal play areas, gazebos, barbeque areas.
Project —Al I land uses and development encompassed within the approximately 401 -acre Project
Site and, in particular, all of the physical development and entitlement components that are
identified in the Project FIR, potentially including off -site improvements.
Project Site — The approximately 401.1 -acre Newport Banning Ranch area owned by the
Landowner /Master Developer, Newport Banning Ranch LLC.
5-4 pc chapter 5 definitions 08.19.1 -t.doc • August 19, 2011
DEFINITIONS OF TERMS /ACRONYMS I
Residence(s) /Residential
Cluster /Courtyard — Single Unit Dwellings which are organized generally in modules of two,
four, or six homes which share driveway access to their individual attached garages. The
homes may be developed either as a condominium project or planned unit development with
private homeowner lots and common lots.
Compound — A combination of single family detached residential units on one lot containing
1 primary dwelling unit and 1 accessory residential unit for exclusive occupancy by one
Single Housekeeping Unit. Also includes factory- built, modular housing units, constructed in
compliance with the California Building Code (CBC), and mobile homes /manufactured
housing units that comply with the National Manufactured Housing Construction and Safety
Standards Act of 1974, when placed on permanent foundation systems. Accessory residential
units may be either detached from the primary dwelling unit or attached to the primary
dwelling unit.
Accessory Unit — A dwelling unit accessory to and attached to, detached from, or contained
within, the principal dwelling unit on a site zoned for a single - family dwelling, that is a part
of, and clearly incidental and secondary to, a residence; located on the same lot as a
residence; and that does not change the character of the residential use.
Conventional — See NBMC, Chapter 20.70 "Dwelling, Single -Unit (Land Use) Detached
Single -Unit Dwelling.
Dwelling Unit — See NBMC, Chapter 20.70 "Dwelling Unit (Land Use)"
Dwelling, Single Family Attached — See MNBC, Chapter 20.70 "Dwelling, Single -Unit (Land
Use)."
Dwelling, Single Family Detached — See NBMC, Chapter 20.70 "Dwelling, Single -Unit (Land
Use)."
Dwelling, Single Family Multi -Unit — See NBMC, Chapter 20.70 "Dwelling, multi -unit (Land
Use)."
Live /Work — A residence is located to the rear of, or on top of, an artist's or professional
studio, commercial space, or office front and located only within commercial buildings or
vertically integrated mixed use buildings, and which are subject to specific regulations.
Newport Banning Ranch 5 -5
PLANNED COMMUNITY DEVELOPMENT PLAN
Rowhouse /Townhome — See NBMC Chapter 20.70 "Dwelling, Single -Unit (Land Use)
Attached Single -Unit Dwelling.
Side -Yard — Homes which incorporate a "zero lot line" on one side yard. The opposite side
yard is used as a private open space/courtyard add reciprocal use and maintenance easement.
Triplex/Carriage — A Triplex with Carriage Unit is defined as three condominium homes or
apartments served by alley - loaded garages. The triplex is composed of two freestanding
cottages at the front of the lot which directly face the street and a third "carriage" unit located
above the garages at the rear of the lot. The two cottages are typically detached from one
another and their garages. Patios and loggia between the cottages and garages provide
residents with privacy and usable open space, on a condominium lot.
Stacked Flat — A residential condominium, apartment, or other type of dwelling unit located
entirely on one floor in a multi -story building, as distinguished from a dwelling unit in which
living areas are located on separate floors connected by a stairway or elevator. Single -level
units, stacked on top of each other in multi -story buildings on a condominium lot.
Villa — See NBMC, Chapter 20.70 "Dwelling, Single -Unit (Land Use) Attached Single Unit
Dwelling.
Z -Lot — Z lots have an interlocking pattern of (typically) side property lines, in contrast to
conventional rectilinear lots that have straight side property lines. Z lots within a
neighborhood typically range in size and shape depending on how they interlock, and this
variation can be used to create a more usable patios and a visually more interesting street
scene. Z lot homes can be conveyed as condominiums or fee - simple ownership lots, often
with reciprocal use easements to provide residents with more private and usable yard /patio
areas.
Resorts, Inns, Hotels and Accessory Uses — See NBMC Chapter 20.70 Visitor Accommodations
(Land Use), "Hotel."
Day Spa — Establishments that specialize in the full complement of body care including,
but not limited to, body wraps, facials, pedicures, make -up, hairstyling, nutrition, exercise,
water treatments and massage which is open primarily during normal daytime business
hours and without provisions for overnight accommodations
Restoration — Activity in accordance with an approved HRP to improve generally destroyed or
degraded habitat areas to a viably functioning level of biological productivity and diversity.
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DEFINITIONS OF TERMS /ACRONYMS
Retail sales and service — Retail establishments, completely enclosed within structures, engaged
in selling goods or merchandise or providing services to the general public. Examples of these
establishments include:
• antiques
• appliances
• artists' supplies
• automotive parts and accessories
• bakeries
• barbershop /beauty salon
• bicycle sales and rentals
• books
• cameras and photographic supplies and
processing
• carpeting and floor covering
• clothing and accessories
• convenience market
• drug and discount stores
• dry cleaning and laundry services
• electronic equipment
• fabrics and sewing supplies
• florists and houseplant stores (indoor
sales only)
• gift shops
• grocery store
• handcrafted items
• hardware
• hobby materials
• jewelry
• kitchen utensils
• laundromat
• locksmiths
• luggage and leather goods
• medical supplies and equipment
• musical instruments, parts and
accessories
• newsstands
• office supplies
• orthopedic supplies
• paint and wallpaper
• pharmacies
• religious goods
• repair shops, household and "fix -it"
• secondhand clothing sales
• shoe stores
• small wares
• specialty food and beverage
• specialty shops
• sporting goods and equipment
• stationery
• supermarket
• tobacco
• toys and games
• travel services
• Manufacturing, processing, treatment,
and packaging of goods incidental to and
operated in conjunction with a retail
business on premises
Newport Banning Ranch 5 -7
DEFINITIONS OF TERMS /ACRONYMS
State — The State of California.
Top of Edge of Bluff — The upper termination of the bluff edge, see definition for Bluff Edge. In
cases where localized erosion has created incised gullies or ravines and repairs are proposed, the
top of edge of bluff will be defined as the continuation of the upper termination of the bluff edge
line on either side of the localized erosion.
Upland — The Upland refers to areas in the Project Site outside the Lowland, located generally
above 10- to 15 -feet above Mean Sea Level and containing approximately 250 acres.
U.S. Army Corps of Engineers (ACOE) — The Federal agency that reviews navigation aspects of
development projects, conducts design studies, and issues dredge and fill permits under the Clean
Water Act, and water construction permits under the Rivers and Harbors Act of 1 599.
View Fence — A fence constructed partially or entirely with glass or similar transparent material
intended to provide an unobstructed eye -level view, including alternative materials like tubular
steel.
Visitor- Serving Facilities — Facilities that fulfill the Coastal Act purpose of providing public access,
recreation, and overnight accommodations within the Coastal Zone.
Visitor- Serving Retail — Retail establishments engaged in selling goods or merchandise to tourists
and visitors.
West Coast Highway — State Highway 1 within the City of Newport Beach, also called Coast
Highway and Pacific Coast Highway.
Zoning Administrator — City of Newport Beach Zoning Administrator.
Newport Banning Ranch 5 -8
DEFINITIONS OF TERMS /ACRONYMS
5.2 Definitions of Acronyms
A
B
BP
Bluff Park District
C
Caltrans
California Department of Transportation
CARB
California Air Resources Board
CDP
Coastal Development Permit
CP
Community Park District
CSDOC
County Sanitation District of Orange County
CUP
Conditional Use Permit
D
DOGGR
(California) Division of Oil, Gas and Geothermal Resources
DU /Ac
dwelling units per acre
E
EIR
Environmental Impact Report
F
FiOS
Fiber -optic Services
G
GIS
Geographic Information System
H
HOA
Homeowners Association
IP
Interpretive Parks District
1
K
L
LEED -ND
Leadership in Energy and Environmental Design — Neighborhood
Developments
LOS
level of service (measure of traffic congestion)
LOS /PTF
Lowland Open Space /Public Trails and Facilities
M
MCDP
Master Coastal Development Permit
MDP
Master Development Plan
MU /R
Mixed - Use /Residential District
MUP
Mixed Use Permit
Newport Banning Ranch 5 -9
I PLANNED COMMUNITY DEVELOPMENT PLAN
N NBMC
Newport Beach Municipal Code
NBR
Newport Banning Ranch
NBR -PCDP
NBR Planned Community Development Plan
NMUS
Newport Mesa School District
OF
Oil Facilities District
OS(RV)
Open Space (Residential Village) District
P PCDP
Planned Community Development Plan
Q
R RL
Low Density Residential District
RUM
Low- Medium Density Residential District
RM
Medium Density Residential District
S SOQ
Sphere of Influence
T
U UOS /PTF
Upland Open Space /Public Trails and Facilities District
USGBC
U.S. Green Building Council
V VOCs
volatile organic compounds
VSR /R
Visitor - Serving Resort/Residential
W
X
Y
Z
5 -10 pc chapter 5 definitions 08.19.11.doc • August 19, 2011