Irvine Municipal Code Ch. 5-9 Residential and Residential Mixed-Use Overlay District (rrmu)

The Residential and Residential Mixed-Use (RRMU) Overlay establishes three focused districts (the Greater Irvine Business Complex, the Greater Spectrum Area, and the Great Park Neighborhoods Transit Village District) that are intended to allow selected Planning Areas of the City identified in the City of Irvine 2021-2029 Housing Elements Site Inventory as potential areas to accommodate a portion of the City's unmet Regional Housing Needs Allocation (RHNA). Traditionally, the districts within the RRMU Overlay are zoned for non-residential uses but are areas that are optimized for the integration of residential, mixed-use, and residential serving uses due to their proximity to employment centers and transit. The RRMU Overlay would protect existing uses allowed in the Planning Areas, while also allowing residential and residential mixed-use within the Overlay, providing the greatest level of flexibility for developers and landowners.

The RRMU Overlay implements the goals and objectives as defined in the Land Use and Housing Elements of the General Plan.

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24)

All proposed residential and residential mixed-use development/redevelopment, subdivisions, and new residential land uses within the RRMU Overlay that expressly elect to use the additional rights provided by the RRMU Overlay shall comply with all applicable requirements of this chapter. The rights and requirements (including development standards and procedures) of the RRMU Overlay do not apply to, nor otherwise limit or restrict in any manner, any other proposed development/redevelopment, subdivision, existing buildings or structures, permitted and conditionally permitted uses, and/or other existing or proposed land uses and structures located within the RRMU Overlay.

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24)

A. Purpose. This section establishes the districts applied to property within the RRMU Overlay. The Planning Areas within the RRMU Overlay are consistent with the Land Use Element of the General Plan. The districts provide guidelines for new residential and residential mixed-use development/redevelopment within the RRMU Overlay.

B. Districts established. The following districts are established for the purposes of the RRMU Overlay District and are applied to property within the Overlay boundaries. Existing current underlying zoning designations for these districts, as included in Chapters 9-12, 9-13, 9-19, 9-31, 9-32, 9-33, 9-36, and 9-51, remain unchanged.

1. Greater Irvine Business Complex Area RRMU Overlay District: Planning Area 36 (Irvine Business Complex)* and Planning Area 19 (Rancho San Joaquin).**

2. Greater Spectrum Area RRMU Overlay District: Spectrum 7 portion of Planning Area 12 (Oakcreek), Planning Area 13 (Irvine Spectrum 4), Planning Area 31 (Irvine Spectrum 6), Planning Area 32 (Irvine Spectrum 3), and Planning Area 33 (Irvine Spectrum Center).

3. Great Park Neighborhoods Transit Village RRMU Overlay District: Planning Area 51 (Great Park Neighborhoods).

* The RRMU Overlay shall not apply to the portion of Planning Area 36 that is within the California Coastal Zone until a Local Coastal Plan Amendment has been approved by the California Coastal Commission.

**Does not include the Rancho San Joaquin Golf Course or Racquet Club of Irvine.

Figure 1: Greater IBC Area RRMU Overlay District [Figure: Figure 1: Greater IBC Area RRMU Overlay District]

Figure 2: Greater Spectrum Area RRMU Overlay District [Figure: Figure 2: Greater Spectrum Area RRMU Overlay District]

Figure 3: Great Park Neighborhoods Transit Village RRMU Overlay District [Figure: Figure 3: Great Park Neighborhoods Transit Village RRMU Overlay District]

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24)

The Planning Commission shall approve, conditionally approve, or disapprove development projects for up to a total of 23,610 residential units in accordance with the provisions of this chapter. Following the approval of the 23,610th residential unit, the City Council shall be the final approval authority, following receipt of a Planning Commission recommendation, for the approval, conditional approval, or disapproval of development projects containing residential units. The Planning Commission shall not recommend, and the City Council shall not approve any Project that exceeds a total of 23,610 residential units unless it receives an affirmative demonstration that establishes clearly and convincingly that such approval is essential to the satisfaction of State law housing mandates, and that the proposed Project is the least intrusive means of meeting such State law housing mandates.

In order to implement the policies of the City of Irvine for the development of projects in the RRMU Overlay District, an applicant shall submit an application for a master plan per Section 2-17. Additionally, for any Project that exceeds a total of 23,610 residential units, an applicant shall submit such additional studies and analyses as are deemed necessary in the discretion of City staff, the Planning Commission, or the City Council to make the demonstration required in the preceding paragraph.

Where applicable law related to the review and approval of residential and mixed-use development projects precludes the application of certain standards or requirements of this Chapter, those standards or requirements shall not apply. Where Planning Commission review is prohibited by applicable law, the Director of Community Development or designee shall serve as the review and approval authority.

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24)

A. Proximity Village, General Plan. The RRMU Overlay is intended for residential and residential mixed-use projects to cluster in nodes around local services and should be consistent with the proximity village City vision outlined in the General Plan. Small scattered residential projects are discouraged within the RRMU Overlay. Mixed-use is encouraged and can be vertical or horizontal in design. Residential supporting uses such as, but not limited to, retail, office, restaurants, and community facilities are encouraged. Where appropriate to the development, new, smaller, non-arterial streets within the RRMU Overlay shall encourage mobility.

B. Density. Minimum average density of 50 dwelling units per acre. A deviation from the minimum density shall be granted upon a demonstration that ownership or rental housing (whichever is proposed) at the applicable location is not feasible at a density of 50 dwelling units per acre. Separately and additionally, to the extent permitted by applicable law, a deviation may be granted in the discretion of the approval body for projects that are able to provide a significant and specific public benefit in addition to the provision of housing and affordability as otherwise required by this Zoning Ordinance, provided that the deviation shall not result in a specific and adverse effect to health or safety. Requests for minimum density deviations shall be included with the master plan required by Section 5-9-4 of this Chapter and shall be reviewed concurrently therewith.

C. Accessory retail. For all project sites located more than one-fourth mile from existing resident serving non-residential uses, applicants for residential and residential mixed-use developments of 250 units or more shall provide accessory retail and/or resident-serving non-residential square footage that occupies ten percent or less than the total area of the principal use. Should accessory retail and/or resident-serving non-residential uses not be provided, applicants shall provide documentation which demonstrates the omission of is necessary to physically accommodate the minimum density required by this Chapter, or that the inclusion of accessory retail would result in a specific and adverse effect to health or safety.

D. Compatibility standards. Uses in the RRMU Overlay shall be compatible to the fullest extent permitted by applicable law. The RRMU Overlay mixed-use environment is an urbanized area, therefore land use compatibility issues are expected to occur. Therefore, applicants for new residential and/or residential mixed-use development entitled pursuant to the RRMU Overlay shall submit data and information requested by the Director of Community Development or designee, for the City to evaluate compatibility with surrounding uses with respect to issues, including, but not limited to the following:

1. Noise.

2. Odors.

3. Truck traffic and deliveries.

4. Hazardous materials handling/storage.

5. Air emissions.

6. Soil/groundwater contamination.

E. Irvine Business Complex - Residential Incentive Program.

1. In the Irvine Business Complex (Planning Area 36), the IBC land use and development intensity value (DIV) database specifies the quantity, in gross square footage, dwelling units and hotel rooms as defined by the Zoning Ordinance, for all existing, approved, and zoned development in the planning area by legal parcel and according to the following general land use categories:

a. Office.

b. Industrial.

c. Retail.

d. Hotel.

e. Residential.

f. Zoning Potential.

g. Self-storage facility (formerly referred to as miniwarehouse).

h. Hotel, extended stay.

2. The land use and DIV database shall specify the corresponding a.m., p.m., and average daily DIVs allocated for both existing and build-out conditions for each legal parcel in the planning area. Information specific to the development intensity value database can be found in Section 9-36-8.

3. Pursuant to 2021-2029 Housing Element program PP-H.2: "Monitor and Adjust Fees, Incentives, and Processes", the City will establish a "Residential Incentive Program" specific to the Irvine Business Complex. The City will issue DIVs from a City controlled distribution system, at no cost, for residential and/or residential mixed-use projects that provide a minimum of 17% affordability for the base number of units proposed. The "Residential Incentive Program" DIVs shall only be utilized for the residential component of a mixed-use program. Residential serving non-residential uses, including but not limited to retail, restaurants, and qualifying community facilities, 50,000 square feet or less and proposed on site and as part of a residential mixed-use project shall be exempt from the DIV requirements. Pursuant to the "Residential Incentive Program", projects shall:

a. Provision of onsite affordable units at a minimum of 17% affordability at the following income levels:

i. 7% very low income (Health and Safety Code § 50105).

ii. 6% low income (Health and Safety Code § 50079.5, 25 Cal. Code Regs. § 6928).

iii. 4% moderate (Health and Safety Code § 50093) - specific workforce units (81 to 100% moderate).

iv. These affordability levels are alternative and enhanced to the affordability levels otherwise required by Section 2-3-4.

b. Utilize on-site DIV budget prior to requesting additional DIVs under the Residential Incentive Program.

c. The Planning Commission would authorize approval of the Residential Incentive Program DIVs at the time of project review (master plan) and based on the recommendation from Community Development staff.

d. Residential Incentive Program DIVs are non-transferable and would expire with a master plan and would return to the Residential Incentive Program DIV City controlled distribution system.

e. Any change to the project's affordability would require additional review and may require the forfeiture of the Residential Incentive Program DIVs.

f. Projects that do not provide a minimum 17 percent affordability combined for very low, low, and moderate income levels at the identified category breakdown would be required to acquire DIVs directly from a private owner/developer.

g. Projects that are not requesting Residential Incentive Program DIVs are required to adhere to the minimum levels of affordability generally applicable to projects in the City set forth in Section 2-3-4.

F. All other requirements related to the provision of affordable housing set forth in Chapter 2-3 shall apply to all projects in the RMMU Overlay.

G. Building heights shall not penetrate Federal Aviation Regulation (FAA) Part 77 Imaginary Surfaces for John Wayne Airport (14 Code of Federal Regulations Part 77).

H. Additional compatibility standards. The following standards are intended to ensure the compatibility of uses within a residential or residential mixed-use project:

1. Development within one hundred (100) feet of San Diego Creek or San Joaquin Marsh.

a. In order to reduce light and glare impacts on marsh and creek environments, projects four or more stories in height located within 100 feet of the San Joaquin Marsh or San Diego Creek, shall not include the use of highly reflective glass windows (25% or more reflectivity), or utilize highly reflective angles.

b. Projects shall not utilize exotic plant species that may be invasive to native habitats. Exotic plant species not to be used are those species listed on Lists A and B of the California Invasive Plant Council's (Cal-IPC) list of "Exotic Pest Plants of Greatest Ecological Concern in California" as of October 1999 or subsequent documentation, or other plant species listed on similar invasive plant lists applicable in California.

2. Residential disclosures. All discretionary applications for residential or residential mixed use projects shall include a condition of approval for disclosure to residents clearly outlining the issues associated with living in a mixed-use environment. Copies of each signed disclosure shall be made available for review upon written request by the City. The project applicant shall submit a written draft of the disclosure(s) to the Director of Community Development for review and approval prior to finalization. The disclosure shall provide notice to any units/tenants that have patios and/or balconies that do not meet the 65 dBA CNEL (Community Noise Equivalent Level).

Such disclosure shall also include additional wording regarding proximity to John Wayne Airport, pursuant to Section 11010 of the Business and Professions Code, as follows:

Notice of Airport in Vicinity

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

3. Air quality standards. For residential and residential mixed use projects, the following air quality standards are required, or as otherwise mandated by state regulations:

a. Applicants for new residential or residential mixed use developments shall require that the construction contractor to utilize off-road construction equipment that conforms to Tier 3 of the United States Environmental Protection Agency, or higher emissions standards. The construction contractor shall be made aware of this requirement prior to the start of construction activities. Use of Tier 3 or higher off-road construction equipment shall be stated on all grading plans. The construction contractor shall maintain a list of all operating equipment in use on the project site. The construction equipment list shall state the makes, models, and numbers of construction equipment on-site.

b. Applicants for new residential or residential mixed use developments shall require that the construction contractor to properly service and maintain construction equipment in accordance with the manufacturer's recommendations. Non-essential idling of construction equipment shall be restricted to five minutes or less in compliance with California Air Resources Board's Rule 2449.

c. Applicants for new developments shall require that the construction contractor prepare a dust control plan and implement the following measures during ground-disturbing activities in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM10 and PM2.5 emissions.

i. During all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering.

ii. During all construction activities, the construction contractor shall sweep streets with Rule 1186 compliant PM 10 - efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling.

iii. During all construction activities, the construction contractor shall maintain a minimum 24- inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means.

iv. During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day.

v. During all construction activities, the construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour.

vi. The construction contractor shall apply chemical soil stabilizers to reduce wind erosion.

d. Prior to the issuance of building permits, plans shall indicate that coatings and solvents with a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., Super Compliant Paints) shall be used. All architectural coatings shall be applied either by: (1) using a high-volume, low-pressure (HVLP) spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge (psig) to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. The construction contractor shall also use precoated/natural colored building materials, where feasible.

e. Applicants for new residential or residential mixed use developments within 500 feet of Interstate 405 (I-405) shall be required to install high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 14 or better in the intake of residential ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV 14 filter. To ensure long-term maintenance and replacement of the MERV 14 filters in the individual units, the following shall occur:

i. The developer, sales, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk from I-405 for all affected units, per Item iii of this section.

ii. For rental units within 500 feet of the I-405, the owner/property manager shall maintain and replace MERV 14 filters in accordance with the manufacturer's recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from I-405 or State Route 55 (SR-55) when windows are open.

iii. For residential owned units within 500 feet of the I-405, the homeowners' association (HOA) shall incorporate requirements for long-term maintenance in the covenant conditions and restrictions and inform homeowners of their responsibility to maintain the MERV 14 filter in accordance with the manufacturer's recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates from the I-405 when windows are open.

f. For all residential or residential mixed-use projects located within the distances to industrial uses as outlined below the project applicant shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD) to the Director of Community Development prior to approval of any discretionary project. If the HRA shows that the incremental cancer risk exceeds one in 100,000 (1.0E-05), or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units.

i. Project site is 1,000 feet from the truck bays of an existing building that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week.

ii. Project site is 1,000 feet from an existing chrome plating facility or existing facility using Hexavalent Chromium.

iii. Project site is 300 feet from a dry cleaning facility using perchloroethylene using one machine and/or 500 feet from a dry cleaning facility using perchloroethylene using two machines.

iv. Project site is 50 feet from gas pumps within a gas-dispensing facility and/or 300 feet from gas pumps within a gasoline dispensing facility with a throughput of 3.6 million gallons per year or greater.

g. For all discretionary residential or residential mixed-use projects located within 1,000 feet of an industrial facility which emits toxic air contaminants (TACs), the project applicant shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD) to the Director of Community Development prior to approval of any discretionary projects. If the HRA shows that the incremental cancer risk exceeds one in 100,000 (1.0E-05), or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that T-BACTs are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units.

h. For all residential or residential mixed-use projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes, but is not limited to:

i. Wastewater treatment plants.

ii. Composting, greenwaste, or recycling facilities.

iii. Fiberglass manufacturing facilities.

iv. Painting/coating operations.

v. Coffee roasters.

vi. Food processing facilities.

The project applicant shall submit an odor assessment to the Director of Community Development prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the odor assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that T-BACTs are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units.

4. Noise standards.

a. Prior to issuance of grading permits, the project applicant shall incorporate the following measures as a note on the grading plan cover sheet to ensure that the greatest distance between noise sources and sensitive receptors during construction activities has been achieved.

i. Construction equipment, fixed or mobile, shall be equipped with properly operating and maintained noise mufflers consistent with manufacturer's standards.

ii. Construction staging areas shall be located away from off-site sensitive uses during the later phases of project development.

iii. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest to the project site, whenever feasible.

iv. For construction of sound walls that have been incorporated into the project design, prior to construction of the building foundation, installation of temporary sound blankets (fences typically composed of poly-vinyl-chloride-coated outer shells with adsorbent inner insulation) shall be placed along the boundary of the project site during construction activities.

b. Individual projects that involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers, occurring near sensitive-receptors shall be evaluated for potential vibration impacts. If construction-related vibration is determined to exceed the Federal Transit Administration vibration-annoyance criteria of 78 VdB during the daytime, mitigation measures, such as use of less vibration intensive equipment or construction techniques, shall be implemented.

5. GreenPoint rated development. Proposed buildings shall be designed and constructed to be GreenPoint Rated. GreenPoint Rated developments must achieve a minimum of 50 total points and meet the category-specific point thresholds as specified in the current GreenPoint Rated Builder Handbook. Developments that exceed this minimum are rewarded by a higher grade on their projects. The GreenPoint Rated program is updated every three years to coincide with changes to the California Building Energy Efficiency Standards.

I. Airport restrictions. Development within the Airport Land Use Commission (ALUC) jurisdiction shall meet the following requirements:

1. Building height limitations, recordation of navigation easements, obstruction lighting and marking, and airport proximity disclosures and signage shall comply with the Orange County Airport Environs Land Use Plan (AELUP) standards for John Wayne Airport.

2. Building heights shall not penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces for John Wayne Airport.

3. For all residential dwelling units within the 60 CNEL contour of John Wayne Airport, the maximum interior noise levels shall not exceed 45 dBA CNEL with windows closed, and shall not exceed the single event noise criteria outlined in the noise element of the General Plan of the loudest 10% of single noise events (Lmax 10) shall not exceed 65 dBA CNEL during the daytime (7:00 a.m. to 7:00 p.m.) and 55 dBA CNEL during the nighttime (7:00 p.m. to 7:00 a.m.).

4. Parks located within the John Wayne Airport 60 dBA CNEL contour shall include signage indicating proximity to John Wayne Airport and related overflight and noise.

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24; Ord. No. 25-22, 9-9-25; Ord. No. 26-01, Exh. A, 2-10-26)

This Chapter applies concurrently with all other applicable zoning standards (including those specific to underlying districts in the Overlay as they apply to those districts). This Chapter does not modify or supersede such underlying zoning except to permit the development of residential and mixed-use projects at the densities and intensities as provided herein. Without limiting the generality of the foregoing provisions, residential and/or residential mixed-use development entitled pursuant to the RRMU Overlay shall be allowed to exceed (and shall not be counted toward) development intensity and square footage maximums, maximum number of dwelling units, maximum vehicle trips, and other traffic limitations established by the General Plan, the Zoning Ordinance, Municipal Code, any statutory development agreement, and/or other agreement with or in favor of the City.

(Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-17, Exh. A, 10-22-24; Ord. No. 25-22, 9-9-25)