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HomeMy WebLinkAbout01 - Chapter 11_DefinitionsDEFINITIONS 11.1 Definitions of Terms The meaning and construction of words, phrases, titles, and terms used in this Master Development Plan shall be the same as provided in Newport Beach Municipal Code, except as otherwise provided in this Chapter. Applicant — Newport Banning Ranch LLC, the major property owner of Newport Banning Ranch. 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. Backbone Roadways — Bluff Road, and 15m, 16`h, and 17`h 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. Best Management Practice (BMP) — As defined by NBMC definition for BMP 20.70.020. Backbone Roadways — Bluff Road, North Bluff Road, and 15`h, 16th, and 17" 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 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 Newport Banning Ranch 11 -1 mdp chapter 11, implementation 08.19.11 final.docx • August 19, 2011 MASTER DEVELOPMENT PLAN 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. City — The City of Newport Beach, California. City Staff — The professional staff who work at the City of Newport Beach Planning Department. 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. Conceptual Development Plan — A conceptual plan for a Site Planning Area(s) consistent with the Planned Community Development Plan. The level of detail required for a Conceptual Development Plan must be sufficient to allow comprehensive planning and environmental review of the Master Development Plan. Conceptual plans are provided in the MDP for those site planning areas that may require further Coastal Commission and City review following the initial approval of the MDP and a Coastal Development Permit. 11 -2 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011 DEFINITIONS 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. 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. 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. dwelling, multi - family — Refer to NBMC definitions for dwelling units. dwelling, single - family — A Refer to NBMC definitions for dwelling units. dwelling unit — Refer to NBMC definitions for dwelling units. Live work dwelling, duplex — Refer to NBMC definitions for dwelling units. Environmental Impact Report (EIR) — A study of all the factors which a land development or construction project would have on the environment in the area, including population, traffic, schools, fire protection, endangered species, archeological artifacts, and community beauty. Newport Banning Ranch 11 -3 MASTER DEVELOPMENT PLAN Fuel Modification Management Plan — A Fuel Modification Management Plan identifies specific zones within a property which are subject to fuel (i.e., vegetation) management. A fuel modification management zone is a strip of land where combustible native and /or ornamental vegetation has been modified and /or partially or totally replaced with drought - tolerant, low -fuel- volume plants. In some locations, only native plants may be used. General Plan — The comprehensive long -term plan for the physical development of the City of Newport Beach, consisting of policies setting forth objectives, principles, standards, and generalized land use designations. Geotechnical hazards — The term covering potential dangers to person or property as a consequence of earthquake tremor or geological instability. It includes the effects of surface faulting, tsunami, liquefaction, subsidence, landslides, and slope failures. Gross and net acreage — The gross and net acreages are defined in the MDP tables. Residential density — The density of a residential project computed by dividing the total number of dwelling units by the gross acres of the site planning area. Guest room — A rentable overnight guest accommodation within the Inn, Spa, or Guest Room Cottages, that may contain one or more than one bay, and which may be termed a standard guest room or suite depending upon its size and /or amenities. 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. Resorts, Inns, Hotels and Accessory Uses — Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreation facilities. Developer — The Applicant, Newport Banning Ranch LLC, a partnership composed of Aera Energy LLC, Brooks Street, and Cherokee Investment Partners, LLC. 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. Master Coastal Development Permit (Master CDP) — Use the definition you provided in the footnote in Section 14. The corresponding CDP issued by Coastal Commission for the Master Development Plan. 11-4 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011 DEFINITIONS Master Development Plan (NBR -MDP) — The development plan submitted to the City and the Coastal Commission for the entire 401.1 acre Project Site. The Plan includes mass grading, master infrastructure improvements, Project Development Plans for most Site Planning Areas, and Conceptual Development Plans for the remaining Site Planning Areas. mean sea level (MSL) — The average (mean) height of the sea. 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. Newport Mesa — A mesa located in the western portion of the City of Newport Beach, including portions of the unincorporated areas of Newport Banning Ranch. Newport Mesa Unified School District — Owner of the approximate 11.5 -acre property abutting the east Project boundary. 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. Planned Community Development Plan (NBR -PCDP) — The land development plan and zoning adopted by the City for the Project Site. Pre - Annexation and Development Agreement (PADA) — A contract entered into pursuant to California Government Code §65864 et seq., by and between the City of Newport Beach and the Landowner /Master Developer (or any of its affiliates, subsidiaries, or otherwise- related companies), pertaining to the implementation of the Newport Banning Ranch Planned Community Development Plan or associated Coastal Development Permits (California Government Code Section 65864 - 65869.5). Newport Banning Ranch 11 -5 MASTER DEVELOPMENT PLAN Project — All 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 EIR, potentially including off -site improvements. Project Coastal Development Permit (Project CDP) — A CDP issued for a Project Development Plan within a specific Site Planning Area(s) consistent with the Master CDP. Project Development Plan — A land use development plan for a specific Site Planning Area(s) consistent with the Master Development Plan. The level of detail required for a Project Development Plan must be sufficient enough to satisfy all Coastal Commission requirements such that, upon issuance of a Project CDP by Coastal Commission, subsequent Project Site Plans, Final Tract Maps, and other construction drawings required by the City that are consistent with the approved Project Development Plan do not require review by the Coastal Commission. Project Site — The 401 -acre Newport Banning Ranch area owned by the Landowner /Master Developer, Newport Banning Ranch LLC. Restoration — Activity to improve generally destroyed or degraded habitat areas to a viably functioning level of biological productivity and diversity. Site Planning Area (SPA) — A geographic area within the Project Site defined in this Master Development Plan for the purposes of designating specific land use areas, and describing proposed development and restoration activities. 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 Sphere of Influence — The probable ultimate physical boundaries and service area of a local agency (city or district) as determined by the Local Agency Formation Commission (LAFCO) of the County. 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. 11 -6 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011 DEFINITIONS 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 1899. U.S. Fish and Wildlife Service (USFWS) — The U.S. Fish and Wildlife Service is a bureau within the Department of the Interior. The bureau's mission is to work with others to conserve, protect and enhance fish, wildlife and plants and their habitats for the continuing benefit of the American people. Visitor- Serving Facilities — Facilities that fulfill the Coastal Act purpose of providing public access, recreation, and overnight accommodations within the Coastal Zone. West Coast Highway — State Highway 1 within the City of Newport Beach, also called Coast Highway and Pacific Coast Highway. Newport Banning Ranch 11 -7 MASTER DEVELOPMENT PLAN 11.2 Definitions of Acronyms ADT average daily trips (traffic) AHIP Affordable Housing Implementation Plan AQMP Air Quality Management Plan F BACT Best Available Control Technology BMP Best Management Practice CAA Clean Air Act Cal -EPPC California Exotic Pest Plant Council Caltrans California Department of Transportation CARB California Air Resources Board CCA California Coastal Act CCC California Coastal Commission CDFG California Department of Fish and Game CDPR California Department of Parks and Recreation CDP Coastal Development Permit CDWR California Department of Water Resources CESA California Endangered Species Act CLUP Coastal Land Use Plan CNEL Community Noise Level Equivalent CSDOC County Sanitation District of Orange County CRWQB California Regional Water Quality Control Board dB decibel dBA decibels on A- weighted scale DCA Deferred Certification Area DOGGR (California) Division of Oil, Gas and Geothermal Resources DU /Ac dwelling units per acre EIR Environmental Impact Report EPA Environmental Protection Agency (U.S.) ESA Environmental Study Area ESHA Environmentally Sensitive Habitat Area FEMA Federal Emergency Management Agency FESA Federal Endangered Species Act FHWA Federal Highways Administration FIR Fiscal Impact Report FIRM Flood Insurance Rate Map FLSP Fire and Life Safety Program 11 -8 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011 DEFINITIONS Newport Banning Ranch 11 -9 GIs Geographic Information System GPAC General Plan Advisory Committee GPU General Plan Update HRP Habitat Restoration Plan HOA Homeowners Association IAP Implementing Actions Program ICU Intersection Capacity Utilization JD Jurisdictional Delineation LAFCO Local Area Formation Commission LCP Local Coastal Program LEED -ND Leadership in Energy and Environmental Design — Neighborhood Developments LOS level of service (measure of traffic congestion) LUE Land Use Element LPIP Local Park Improvement Plan LUP Land Use Plan MHHW mean higher high water MLLW mean lower low water MOA Memorandum of Agreement MMP Mitigation Monitoring Program MPAH Master Plan of Arterial Highways (County of Orange) MPSH Master Plan of Streets and Highways (City of Newport Beach) MSL mean sea level NAHB National Association of Home Builders NBMC Newport Beach Municipal Code NBR Newport Banning Ranch NBR -PCDP NBR Planned Community Development Plan NBR -MDP NBR Master Development Plan NEPA National Environmental Policy Act NMUSD Newport Mesa Unified School District NOAA National Oceanographic and Atmospheric Administration Newport Banning Ranch 11 -9 MASTER DEVELOPMENT PLAN 11 -10 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011 NO[ Notice of Intent NOP Notice of Preparation (typically of an EIR) NPDES National Pollutant Discharge Elimination System OCFA Orange County Fire Authority OCTA Orange County Transportation Authority PADA Pre - Annexation and Development Agreement PCDP Planned Community Development Plan PDF Project Design Feature PUC Public Utilities Commission RWQCB Regional Water Quality Control Board (Santa Ana Region) SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SPA Site Planning Area SWPPP Stormwater Pollution Prevention Plan SWRCB State Water Resources Control Board TOT Transient Occupancy Taxes UBC Uniform Building Code USFWS U.S. Fish and Wildlife Service USGBC U.S. Green Building Council USGS U.S. Geological Survey WNOC West Newport Oil Company WQMP Water Quality Management Plan WUI Wildland Urban Interface 11 -10 mdp chapter 11, implementation 08.19.11 final.dom • August 19, 2011