HomeMy WebLinkAbout01 - PC Revisions and ErrataExhibit A
NBR Planned Community Development Plan Revisions and Errata
Page 2 -2
Revise Section 2.2.1.3 as follows:
2.2.1 Planned Community Districts
3. Visitor- Serving Resort/Residential District, to allow for a maximum 75 -room resort inn to
include ancillary uses such as restaurants, and baFs 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. Bars and cocktail lounges
shall be permitted in the Visitor Serving Resort/Residential District only when ancillary to a
restaurant, inn, or hotel. 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. In the event a
resort inn is not developed this land use district allows the 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 or visitor serving commercial uses alone.
5. Mixed - Use /Residential District, to allow for the mixed use development of residential
uses of up to 40.0 dwelling units per gross acre and a maximum of 75,000 square feet of
neighborhood serving commercial uses as vertical mixed use with commercial uses on the
ground floor and residential above, or as horizontal mixed use with commercial uses and
residential uses in separate buildings designed as a cohesive and unified development. The
residential component of mixed use development may include residential single family attached
or multi - family residential dwelling units and ancillary private recreational facilities to serve the
residents of the development. The neighborhood serving commercial component of mixed use
development may include a grocery market (s), restaurants, personal services, and professional
offices. Other allowable uses in the Mixed Use /Residential District include hotels and inns
which could include a restaurant. Bars and cocktail lounges shall be permitted only when
ancillary to a restaurant, inn, or hotel.
Page 2 -4
Change the acreage assigned to Community Park as follows:
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. Approximately 21.8 gross acres of the CP district comprising the
public Community Park shall be offered for dedication to the City to serve the active recreational
needs of the Project residents and the community at large. The remaining approximately 5.0
gross acres of the CP district comprising the public Community Park shall be privately
maintained by the Proiect and made permanently available for public use through a deed
restriction and /or recorded public easement.
Page 2 -5
Add the following text to Section 2.5, Visitor Serving Resort /Residential District (VSR/R), first
paragraph as follows:
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. In the event a resort inn is not developed in this land use district pursuant
to NBR -PC Sections 4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site
Development Review) "Application Review." the NBR -PC allows for development of residential
uses and /or visitor serving commercial uses within the land use district subiect to the provisions
of NBR -PC Section 4.18.b. "Transfer of Residential Dwelling Units."
Page 2 -5
Revise Section 2.5.1 as follows:
2-1. Resort Inn and Resort Oriented Residential Uses
A resort inn efup to with a maximum of 75 overnight accommodations (guest rooms) with a
lobby and related guest areas, along with support commercial uses ancillary to a resort, such
as, restaurant(s), and t3aFs 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. Ancillary commercial uses are those uses
customary and proportional to the resort. V'°'ateF GePdfiRg Commercial uses iasleded as parte#
ancillary to resort inn development shall not be counted as part of the maximum 75,000 square
feet of commercial area permitted within the NBR -PC.
Page 2 -5
Add the following text to Section 2.5.3 referencing the NBR -PC provisions for transfer of
residential dwelling units into the VSR /R district as follows:
2. Residential Uses
U94e In the event a resort inn is not developed in the VSR/R district, pursuant to NBR -PC
Sections 4.4.4 "Findings for Approval of a Master Development Plan." or 4.5.3 (Site
Development Review) "Application Review," development of a maximum of 100 conventionally -
owned residential dwelling units is allowed pursuant to the provisions Section 4.18, "Transfer of
Residential Dwelling Units." of the NBR -PC., i^ the ° °^` ° F86AFt O^ ^^* GIRVA'Gped OR the
Pico Gt These residential dwelling units shall be counted as part of the maximum 1,375
residential dwelling units permitted within the NBR -PC. An application for Site Development
Review for residential development within the entire VSR /R district shall not be permitted to be
submitted any earlier than two years from the effective date of an approved Development
Agreement for the Project Site.
Page 2 -5
Add the following text to Section 2.5.4 referencing the NBR -PC provisions allowing for transfer
of visitor serving commercial uses to the VSR /R district and-delete clarify "bars" as a visitor
serving commercial use:
3. Visitor Serving Commercial Uses
In the event a resort inn is not developed in the VSR /R district pursuant to NBR -PC Sections
4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site Development
Review) "Application Review, ", development of visitor - serving commercial uses independent of
a resort use inn sash as, to include 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 permitted subject to the provisions of Section 4.19, "Transfer of
Commercial Area from MU /R District to VSR /R District." of the NBR -PC. Bar and cocktail
lounges shall- be permitted only when ancillary to a restaurant. Thy All visitor serving
commercial use developed independently of a resort inn shall be counted as part of the
maximum 75,000 square feet of commercial area permitted within the NBR -PC.
Page 3 -1, Add the following text to the last sentence of the second paragraph of Section 3.2.1,
"Oil Operations," as follows:
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, aad subject to NBMC
Chapter 20.38, "Nonconforming Uses and Structures," and subje ^t °^'^'•• to the provisions of
NBMS Sections 20.38.010 through 20.38.050 ^f Chapter 38 and may continue for a
maximum period of ten years following completion of annexation of the unincorporated County
areas of the Project Site to the City .
Page 3 -3
Add the following requirement:
Retaining walls over 8 feet in height shall incorporate strategies to visually soften and /or
minimize their appearance from public views. Strategies for visual softening may include the
use of stepped retaining walls, the use of crib walls, and /or landscape screening.
Page 3 -4
Delete the following text from Section 3.3 Landscape Regulations:
iFF ,.ML.^ .J^^^ . ithiR the Preje Gt 9 to shall be subje Gt tG ^ ,al ^f ^ 9 t fleyelr...meRt
Review by the City purswaRt to co^t on 4.5 of rho nioo or "S t° Develep^.ent Review
Page 3 -12
Revise Section 3.9.7, "Legal Non - Conforming Uses, "as follows:
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 subject to NBMC Chapter 20.38.010 through
20.38.050, "Nonconforming Uses and Structures," for up to ten years following the completion of
annexation of areas located in the unincorporated County to the City, notwithstanding any
omission of a particular such use in Table 3 -1, "Allowable Uses. "' ° ^ °' ^ ^^ ^ ^ ^f^ ^ I^^ 61686 ^F°
F;Gt permitted te be expanded.
Pages 3 -14 and 3 -15
Revise Table 3 -1, Allowable Uses as follows:
1. Delete Bars and Nightclubs
2. Add Bars and cocktail lounges when ancillary to a hotel, resort inn, or restaurant as
conditionally permitted in VSR/R and MU /R.
3. Delete Breweries, micro .
4. Delete Residential Care Facilities 6 or fewer unlicensed as a conditionally permitted use
in the RL, RUM and RM districts.
5. Delete "Eating and drinking establishments sit down dining" and "Eating and drinking
establishments, sit down dining no alcohol service ".
6. Add `Restaurants with alcoholic beverage service and /or live entertainment' as
conditionally permitted.
7. Add "Restaurants" as permitted.
Page 4 -5
Revise Section 4.4.6, 'Requirement for Site Development Review" as follows:
4.4.6 Development Activities Pursuant to Approved MDP and Recordation of Final Ma
4.4.6.1 Activities Subiect to Communitv Park Improvement Plan ADDroval
The following development activities are permitted pursuant to approval of the MDP for the
Project Site, subject to recordation of a final subdivision map, approval of a Community Park
Improvement Plan, and approval of all required permits from local. State (including Coastal
Commission), and Federal agencies:
1. Construction of public park and recreational facilities in the CP district that are to be
offered for dedication to the City.
4.4.6.2 Activities Subiect to Site Development Review Approval
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, .
Bluff Park District, Interpretive Park District, and areas of the Community Park District
not offered for public dedication.
Page 4 -7
Add a new Section 4.6, Community Park Improvement Plan, and renumber subsequent sections
accordingly.
4.6 Community Park Improvement Plan
4.6.1 Purpose and Intent
The purpose of a Community Park Improvement Plan is to provide for the review of specific
park design prior to construction of public park and recreational facilities within areas of the
CP district that are to be offered for public dedication.
4.6.2 Apolicabilit
Approval by the City of a Community Park Improvement Plan is required as described in
Section 4.4.6 "Development Activities pursuant to Approved MDP and Recordation of Final
Map" prior to any construction activity within the portion of the CP District to be offered for
dedication to the City.
4.6.3 Review and Approval
A Community Park Improvement Plan shall include, a comprehensive site plan for the
community park, floor plans and elevations for any community facility buildings and
restrooms, landscape and irrigation plans, lighting plans, plans for Oav fields and passive
recreation areas, parking layout, and other public facilities to be located within the
Community Park, grading plans, infrastructure improvement plans, and any other
information deemed necessary for review by the Director of Recreation and Senior
Services. The Community Park Improvement Plan shall be reviewed and approved by the
Director of Recreation and Senior Services.
Page 4 -8
Revise the last paragraph in Section 4.8 "Coastal Development Permit," as follows:
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 rno(e) er MG-QP shall he
FPI;'-'bM an,1 re •8d by the City app! . the applicant shall submit a request RGW
for determination of substantial conformance to the Director. The Director has the authority to
refer any request for substantial conformance to the City Council for consideration and final
action on the request.
Page 4 11
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Page 4 -14 through 4 -17
Delete Section 4.16," Land Use Acreage Refinement, Transfer of Residential Dwelling Units,
and Transfer of Commercial Area," Delete Section 4.17, "Minor Modifications," as follows
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Page 4 -14
Add a new Section 4.17, "Substantial Conformance," as follows:
4.17 Substantial Conformance
Changes in the Land Use District boundary lines as illustrated on Exhibit 2 -1, "Planned
Community Development Plan," and a corresponding change in the Gross Acres for the
respective Land Use District as described on Exhibit 2 -2, "Planned Community Development
Table," as part of the approval of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, is considered to be in substantial
conformance with the NBR -PC provided the change complies with the following:
1. Any resulting increase in gross acres or gross density is no more than fifteen percent
(15 %) of the land use district for which the change is requested:
2. There is no resulting reduction in the total area designated as Open Space District;
3. There is no resulting reduction in the total area allocated to the Public Parks /Recreation
District: and
4. The total area within the Project Site boundary does not exceed 401.1 gross acres.
Page 4 -15
Add a new Section 4.18, "Transfer of Residential Dwelling Units," as follows:
4.18 Transfer of Residential Dwelling Units
4.18.1 General Requirements
A request for 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, may be
approved as part of the review of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, provided the requested change
complies with the following:
1. The requested 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:
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 residential land use 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;
6. A corresponding subdivision map is approved by the City if the transfer results in a change
to any previously approved subdivision map.
4.18.32 Review Requirements
1. A request to transfer residential dwelling units shall be subject to the following requirements:
a. The request for a transfer of residential dwelling units from one land use district to
another shall be submitted as part of an application for approval of either a Master
Development Plan for the Proiect Site or as part of an application for approval of a
subdivision map or a Site Development Review:
b. The request for a transfer of residential dwelling units from one land use district to
another shall be accompanied by a revised Planned Community Development Table
reflecting the proposed changes and any additional background and /or supporting
information as determined necessary by the Director. 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.
Page 4 -16
Add a new Section 4.19, "Transfer of Commercial Area from MU /R to VSR/R," as follows:
4.19 Transfer of Commercial Area from MU /R District to VSR/R District
4.19.1 General Requirements
In the event a resort inn is not developed in the VSR /R District, a request to transfer a portion of
the total commercial area as described in Exhibit 2 -2, "Planned Community Development
Table," from the MU /R District to the VSR /R District for development of ancillary visitor - serving
commercial uses such as restaurants visitor and tourist oriented retail shops, a fitness facility, a
full service health spa, park and recreation facilities, and similar uses may be approved as part
of the review of either a Master Development Plan, Site Development Review, or subdivision
map application submitted for the Project Site. 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.
3. All commercial uses planned for development within the VSR/R district can be developed
pursuant to the applicable development regulations established in NBR -PC Chapter 3,
"Land Use and Development Regulations." for the type of commercial use planned for
development.
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tfp veoio 911* *. 9f iQ P R+ +, ,.. . . , .. �C n n n .,. niQO ors
SeGfien 4.5.3. as
4.19.32 Review Requirements
A request for transfer of commercial square footage from the MU /R District to the VSR /R District
shall be subject to the following requirements.
a. The request 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:
approved from time to time. Such revisions shall be located in an appendix to the NBR -
PC.
Page 4 -17
Add a new Section 4.20, `Transfer of Commercial Area from MU /R District to RUM or RM
District," as follows:
4.20 Transfer of Commercial Area from MU /R District to RUM or RM District
A request to transfer a maximum of 2.500 sauare feet of commercial square footage to either
the RUM or RM district may be approved as part of the review of a Site Development Review or
subdivision map application submitted for the Proiect Site, in accordance with the following
provisions:
1. The requested transfer is for the development of convenience commercial uses to serve
the residential community.
2. Approval of the requested transfer of square footage to either the RUM or RM district is
a one -time allowable transfer and no additional transfers may be approved for any other
residential district.
3. The total area of commercial uses developed within the Proiect Site does not exceed
75,000 square feet.
4. The commercial uses planned for development within either the RUM or RM district
can be developed pursuant to the applicable development regulations established in
Section 3.14, "Commercial Regulations," of the NBR -PC.
A request for transfer of commercial square footage from the MU /R District to the RUM or RM
District shall be subject to the following requirements.
a. The request shall be submitted as part of an application for approval of either a
subdivision map or a Site Development Review.
b. The request shall be accompanied by a revised Planned Community Development
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.
Page 4 -17, Renumber Section 4 -18 to Section 4 -20 and revise text as follows:
4.48 20 Amendments
All proposed changes to the NBR -PC other than those identified in Section 4.17,�v ' ^ "nn' ^e
Medi#isaiien 4.18. "Transfer of Residential Dwelling Units. Section 4.19. "Transfer of
Commercial Area from MU /R to VSR /R District," and /or Section 4.20 "Transfer of Commercial
Area from MU /R to RUM or R/M District," 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."
Chapter 5 — Definitions
Add the following new definitions to Chapter 5:
Restaurants: Establishments principally engaqed in serving prepared food or beverages for
consumption on or off the premises.
Bars and Cocktail Lounges: Establishments licensed by the California Department of Alcohol
Beverage Control and principally engaged in selling or serving alcoholic beverages for
consumption on the premises and with all of the following characteristics:
1. Is ancillary to a primary use such as a restaurant, resort, inn, hotel, or other visitor
accommodation as defined in the NBMC, and is limited in area to no more than thirty
percent (30 %) of the floor area of the primary use.
2. Provides an area for sales, service, and consumption of alcoholic beverages that is
operated during the same hours as the primary use.