Irvine Municipal Code Ch. 9-32 Planning Area 32 (irvine Spectrum 3)

(See Planning Area 32 map following Section 9-32-5.)

(Code 1976, § V.E-832.1; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 04-04, § 5, 2-24-04)

Planning Area 32, Irvine Spectrum 3, is centrally located in the City. Boundaries include Interstate 5 (Santa Ana Freeway) to the west and south and Planning Area 51 to the north and east.

(Code 1976, § V.E-832.2; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 99-03, § 3, 2-9-99; Ord. No. 00-02, § 4, 2-8-00)

1 Unallocated dwelling units represent those units remaining in a planning area that may be built anywhere in the same planning area. These units are within the maximum development intensity for the planning area; and, therefore, placement of unallocated dwelling units into any residential category within the planning area for purposes of development is determined to be consistent with the General Plan and Zoning Code with regard to intensity allocation only, provided that placement is otherwise consistent with site specific zoning regulations and that any potential environmental impacts are adequately addressed, including traffic impacts, pursuant to CEQA.

2 See Section 9-0-3.C, Building Intensity Standards.

(Code 1976, § V.E-832.3; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 04-04, § 5, 2-24-04; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

See Section 3-3-1 (Land use matrix).

(Code 1976, § V.E-832.4; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95)

See Chapter 3-37 (Development Standards).

(Code 1976, § V.E-832.5; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95)

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A. Transportation performance monitoring program for Irvine Spectrum 3.

1. Intent and purpose.

a. Application. The provisions of this section shall apply only to that part of the Irvine Spectrum known as the Irvine Spectrum 3, which is bordered on the north by the AT&SF Railway, on the south by the I-5 Freeway, and on the east by Planning Area 51.

b. Program overview.

(1) The transportation performance monitoring program for the Irvine Spectrum 3 provides a method for monitoring the vehicular trip generation from development in this area to ensure that development can be accommodated within the roadway capacity of the local circulation system. This program consists of the establishment on a parcel-by-parcel basis of the allowable maximum floor area ratio (FAR) for development of each parcel, and the establishment of a limit on the number of p.m. peak trips that can be generated from development of all parcels in the Irvine Spectrum 3, together with a system for allocating trips from that limit to parcels as they are sold or as building permits are issued. The entire land area for the Irvine Spectrum 3 shall not exceed an average FAR of 0.35.

(2) This information shall be incorporated into the annual report discussed in Paragraph A.1.c(3) of this section.

c. Trip generation rates.

(1) The Planning Commission shall by resolution establish trip generation rates for estimating the number of vehicle trips that will be generated for each land use category allowed in the Irvine Spectrum 3 per gross 1,000 square feet of building area.

(2) These rates may be updated periodically by the Planning Commission based upon the results of the annual report described below or more frequent reports submitted as determined by the Spectrum Transportation Management Association (TMA) or the City. In either event, the Planning Commission shall approve the data collection methodology to be used in amending the trip generation rates.

(3) By April 1 of each year, a report, based upon the approved data collection methodology, shall be submitted by the TMA to the City, which validates the current trip generation rates or proposes any changes to the approved trip generation rates. Within three weeks of receipt of the report, the Director of Public Works shall notify the Spectrum TMA in writing of the adequacy of the report. If the report is determined to be inadequate, it shall be revised by the TMA. Upon the determination of the Director of Public Works that the report is adequate, the report shall be reviewed and acted upon by the Planning Commission.

d. Calculation of site trips.

(1) The calculation of trips generated by a parcel, referred to as "site trips," can occur in two ways: either upon the sale or land lease of a parcel, or the submittal of an application for building permits, based upon the trip generation rates established by the Planning Commission.

(a) Upon sale or land lease. Concurrent with the submittal to the City of a recorded SLUR for a parcel, and the establishment of the FAR on the FAR map, the site trips shall be computed by multiplying the maximum allowable square feet of development in each land use category specified in the SLUR, by the respective trip generation rate.

(b) Upon receipt of building permit application. Concurrent with the submittal to the City of an application for building permits, the site trips shall be computed by multiplying the total square footage specified in the building permit application by the trip generation rate corresponding to the land use category.

(2) On a parcel zoned Community Commercial where a building(s) may contain more than one use, the site trips shall be computed by multiplying the total square footage for each use within the building(s) as specified in the building permit application by the respective trip generation rates, and adding the site trips for each building on the parcel to derive the total site trips.

(3) On a parcel zoned General Industrial, the site trips for "B. Permitted uses" per Code Section 3-37-33 (with two exceptions noted below) shall be computed by multiplying the gross square footage for the building(s) as specified in the building permit application by the same trip generation rate identified as "High Tech" from the Spectrum 3 (Planning Area 32) traffic study, dated February 7, 1986. The exception is two permitted land uses, "Restaurant, fast food (except drive-thru)," and "Warehouse and sales outlet" and all of the conditionally permitted uses shall be evaluated using the trip rates established by the Planning Commission as noted above in Section 9-32-7A.1.c, Trip Generation Rates.

e. Allocation of trips on the trip ledger.

(1) Site trips shall be calculated for all uses and/or buildings on the parcel, and shall be allocated to that parcel upon receipt of a recorded SLUR or the issuance of building permits. The site trips shall be entered on the trip ledger, and added to the cumulative total of all site trips as shown on the trip ledger, provided that the resulting total does not exceed the trip limitation approved by the Planning Commission. No building permit shall be issued for that parcel unless the sum of the site trips for that parcel and the cumulative site trips allocated to other parcels in the Irvine Spectrum 3 is less than or equal to the trip limitation. If adequate site trips do not exist for a parcel, building permits shall not be issued and future available site trips for that parcel will be allocated subject to the provisions of Paragraph A.1.g of this section.

(2) Any application for building permits for tenant improvements which changes the square footage uses within a building shall require a recalculation and reallocation of trips. In the event that a building permit expires for any parcel defined by Paragraph A.2.a(1)(b) of this section, the site trips allocated to the parcel at the time of issuance of the building permit shall be added back into the total available trips for the Irvine Spectrum 3.

f. Revision of trip limitation.

(1) In the event the Planning Commission approves an amendment to the trip generation rates, the site trips shall be recomputed for each parcel using the amended trip generation rates; and the recomputed site trips for each parcel and the cumulative Irvine Spectrum 3 site trips shall be shown on the trip ledger. The new trip generation rates shall be used for all subsequent calculations.

(2) Any amended trip generation rates shall not preclude entitlement to develop up to the FAR as specified on the FAR map for parcels which have been sold or land leased as long as site trips have been allocated and entered on the trip ledger.

(3) If the sale or land lease is rescinded, the City shall be notified by the seller within 30 days of the rescission; and the City, upon such notice, shall recalculate the cumulative site trip total for all Irvine Spectrum 3 parcels and revise the FAR map and trip ledger accordingly.

g. Unavailability of trips and trip prioritization. If a recorded SLUR for a sale or land lease parcel or an application for building permits is received when trips are no longer available for allocation, the City will notify the seller and/or buyer, or land lessee of such, and building permits shall not be issued until additional trips become available. When additional trips become available, these trips shall be allocated in the following priority:

(1) First to satisfy any deficits in the trips as reported on the trip ledger resulting from any prior changes in the vehicle p.m. peak hour trip generation rates; then

(2) Second to parcels considered "sold," or land leased, based upon the recorded date of the SLURs as established by the date of recordation; and finally;

(3) To all other parcels requesting trips through building permit, based upon the date of submission of the application for such permits.

2. Floor area ratio (FAR).

a. FAR map and trip ledger.

(1) The City's Director of Community Development shall maintain a current map depicting the FAR of the Irvine Spectrum 3 (the FAR map). Further, the Director shall maintain a current trip ledger depicting the site trips generated by specific parcels in the Irvine Spectrum 3 and the remaining trips available for development. The FAR shall be established for each parcel and shall be entered on the FAR map upon occurrence of either of the following events:

(a) The sale or land lease of the parcel and delivery to the City of a copy of the recorded special land use restrictions (SLUR) specifying the FAR for the parcel, in accordance with covenants, conditions, and restrictions (CC&Rs) described in Paragraph A.4 of this section, and a signed trip notification document informing the buyer or land lessee of the provisions of the transportation performance monitoring program; or, in the event there is not a sale or land lease, then

(b) The approval by the City of a Master Plan, conditional use permit, zoning compliance, code compliance, or any other discretionary or ministerial action specifying an FAR for a parcel, in which case the FAR for the parcel shall be as specified in that approval.

(2) No parcel may be developed at a density exceeding the FAR established for the parcel and shown on the FAR map, as provided in Paragraph A.2.a(1)(b) of this section, nor may the City approve development exceeding the FAR shown in the recorded SLUR as provided in Paragraph A.2.a(1)(a) of this section. If sufficient trips are available and the total land area of the Irvine Spectrum 3 does not exceed the average FAR of 0.35, the applicant may amend its FAR by the submission of a revised recorded SLUR, or the approval by the City of a revised discretionary or ministerial action specifying an FAR for a parcel. Any unused FAR on a parcel may be transferred to another parcel through the submission of a revised recorded SLUR as provided in Paragraph A.2.a(1)(a) of this section.

3. Trip limitation, monitoring and allocation.

a. Trip limitation. The trip limitation for the Irvine Spectrum 3 shall be established by the Planning Commission by resolution and may be amended from time to time based upon identified improvements to the regional circulation system or other methods which would reduce p.m. peak hour trip generation and improve circulation and roadway capacity.

b. Transportation performance monitoring program. All development shall participate in the transportation performance monitoring program for the Irvine Spectrum 3 as adopted or subsequently amended by the Planning Commission. Said participation shall include, but not be limited to, conducting surveys, performing measurements, and taking additional related actions to determine the actual number of vehicle trips generated from a developed site.

4. Implementation through covenants, conditions and restrictions. The City has required the recordation of those certain covenants, conditions and restrictions entitled "Declaration of Covenants, Conditions and Restrictions for the Irvine Spectrum Transportation Management Association," record against the Irvine Spectrum 3 on February 3, 1986, and amended on April, 1987, to implement the provisions in this section.

5. Definitions.

a. Sale/land lease: Sale, for the purpose of this section, is the transfer of title or interest in land from one party to another through the use of a recorded deed. Land lease, or ground lease, is the transfer of title or interest in land from one party to another for a designated period with reversion to the grantor, through the use of a recorded ground lease.

b. SLURs: Special land use restrictions recorded with the deed of sale or land lease which specify, among other things, the FAR limitation for a parcel which has been sold or land leased.

c. Site trips: The number of p.m. peak hour vehicle trips generated by a parcel as described in Paragraph A.1.d of this section.

d. Trip notification document: A document setting forth the provisions and requirements of the transportation performance monitoring program for the Irvine Spectrum 3 as adopted or amended by the City of Irvine.

(Code 1976, § V.E-832.6; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 97-05, 5-13-97; Ord. No. 99-03, § 3, 2-9-99; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 04-03, § 3, 2-24-04; Ord. No. 04-04, § 5, 2-24-04)