Irvine Municipal Code Ch. 9-1 Planning Area 1 (orchard Hills)

Footnotes:

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Editor's note— Ord. No. 09-02, § 3, adopted March 24, 2009, amended the Code by amending the title of Chapter 9-1.

(See Planning Area 1 map following Section 9-1-5.)

(Code 1976, § V.E-801.1; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-12, § 6, 6-28-05)

Planning Area 1 is bounded by the Lomas de Santiago ridge to the north, future Jeffrey Road to the east, Jamboree Road to the west, and Portola Parkway to the south.

(Code 1976, § V.E-801.2; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-12, § 6, 6-28-05)

*ROW for SR-241/SR-133 is excluded from acreage calculations.

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-801.3; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-12, § 6, 6-28-05; Ord. No. 08-12, § 3, 9-9-08; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

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

(Code 1976, § V.E-801.4; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95)

(City-wide regulations can also be found in Division 3.)

Individual project densities in 2.2D may exceed 6.5 dwelling units/net acre. However, no individual project may exceed 31.0 dwelling units/net acre and the overall density within all of 2.2D cannot exceed 6.5 dwelling units/net acre. For individual residential projects within 2.2D, the development standards to be applied shall depend on the actual net density of the individual residential product as follows:

1. For projects from 0 to 6.5 dwelling units per net acre, Section 3-37-13 development standards shall apply.

2. For projects from 6.6 to 12.5 dwelling units per net acre, Section 2-37-14 development standards shall apply.

3. For projects from 12.6 to 31.0 dwelling units per net acre, Section 3-37-15 development standards shall apply.

(Code 1976, § V.E-801.5; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-12, § 6, 6-28-05)

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1. Affordable housing. The affordable housing needs goal of 15% (5% Income 1, II; 5% income III; and 5% Income IV) of the actual number of units built in Planning Area 1 shall be implemented through the master affordable housing program for Planning Areas 1, 2, 5B, 8A and 9 as adopted by the City Council on March 11, 2003. The achievement of the Income I, II and III affordable housing goals is contingent upon the availability of financial incentives which bridge the gap between the actual cost of construction of a market unit and an affordable unit. The City will provide available financial assistance to help achieve the affordable housing needs goal for these planning areas.

2. Boundary definitions. The precise Preservation District boundary and SR-241/261 ROW will be defined through the Master Plan process in accordance with Chapter 2-17 and Chapter 8-13 of the Zoning Code and/or the subdivision process per Division 5 of Title 5 of the Municipal Code.

3. Hillside Master Plan. In accordance with Zoning Code Chapter 5-4, a Master Plan has been prepared for Planning Area 1 which demonstrates how the provisions of the General Plan and Hillside Overlay District will be implemented. The Master Plan includes all concept plan requirements in accordance with Chapter 2-8. Approved Master Plan documents, or modifications thereto pursuant to Chapter 2-19, shall be used as the standard of review for all subsequent applications submitted for Planning Area 1. A subsequent Master Plan application in accordance with Zoning Code Chapter 2-17 or its equivalent will be submitted for each development project to address the location of structures and parking and for residential grading.

4. Parks. The location of two public neighborhood parks are conceptually shown on Exhibit A. Private parks will also be provided in order to meet local park requirements. At the time of approval of the first tentative tract map for residential purposes within Planning Area 1, a park plan as defined in Section 2-22-2 of the zoning ordinance shall be approved establishing the exact number, precise location, configuration, ownership, and size of community and neighborhood parks and the distribution of public and private parks. The park plan shall also establish construction phasing of all parks in conjunction with residential development.

a. Community park. The community park requirement for PA 1 will be satisfied by the dedication of parkland and/or construction of park improvements consistent with the Community Parks Park Plan (case number 00321912-PPP) as may be amended from time to time.

b. Neighborhood park. The exact number, precise location, configuration and size of local neighborhood parks and the distribution of public and private parks will be established at the time of approval of tentative tract maps for residential portions of Planning Area 1 in accordance with the subdivision ordinance, park and recreation element, and Local Park Code.

5. Maximum dwelling units. Notwithstanding the provisions of Section 9-1-3, a maximum of 297 dwelling units may be transferred into Planning Area 1 from Planning Area 9 and/or Planning Area 40. It is the intent of this provision to facilitate a level of development that remains within the total number of dwelling units authorized by the North Irvine Transportation Mitigation Implementing Development Agreement between the City of Irvine and the Irvine Company. The transfer of units described in this Section will be subject to approval of one or more subdivision maps, which will require the preparation of appropriate NITM-level traffic impact analysis. The units transferred pursuant to this Section shall not be allocated toward multifamily development; they shall be restricted to single family development only. Approval of the transfer of units will be required for receiving areas and will be appropriately and administratively noted in Sections 9-13, 9-1-7, 9-9-3, 9-9-7, 9-40-3 and 9-40-7, as applicable.

6. Local Residential Streets. In the interest of reducing grading and maintaining open space, local residential streets and collectors in the Low Density zones will be private and will conform to City standards except as follows:

a. In order to minimize grading the City Engineer, on a case-by-case basis, shall approve that limited portions of local streets for cul-de-sacs may have a centerline radius less than 250 feet.

b. Subject to approval by the City Engineer on a case-by-case basis, a sidewalk shall be required on only one side of local streets provided that appropriate pedestrian crossings are provided where sidewalks are terminated. Sidewalks shall be placed along the side of any street where curbside parking is allowed.

c. In order to minimize grading, the City Engineer, on a case-by-case basis, shall approve short sections of these roadways at grades up to 10 percent.

7. Pedestrian links. Sidewalks will be located on public streets in accordance with City plans and guidelines. Sidewalks are required on both sides of private local streets unless there is no development or curbside parking proposed. There will be appropriate pedestrian crossings for areas where sidewalks are terminated. Pedestrian walks shall link commercial sites, schools, parks and residential neighborhoods.

8. Village theme. The architectural design shall address detail articulated on all sides of the structures visible from streets, paseos, and other public areas. Particular attention shall be given to windows, balconies, doors, and other design elements. The elements and qualities which shall be encouraged are human scale and privacy, play of light using shade and shadows to provide relief, and variations in roof lines. Large blank walls with minimal detail shall be discouraged.

9. Residential/community commercial architecture. A variety of architectural styles and forms will be used to express differences among projects and neighborhoods within the planning area. Variations of the following techniques may be used by the developer:

a. Overall form: Employ symmetry at front facades or around entries to create balance in the overall form. Discourage entry view corridors terminating at blank walls and/or blank building elevations. Screen elevations of multifamily structures with exterior walkways serving as common access for dwellings on second and third floors from public rights-of-way either through building orientation, architecture or landscaping.

b. Roof form: Vary roof massing with a strong cornice line. Barrel, flat, shake, and slate concrete tile will be used predominantly with a variety of earthtone colors.

c. Details: Use simple cornices, moldings, projections and recesses, and integral-colored accent materials such as ceramic tile, brick (stone or painted stucco).

d. Site design: Provide terraces, plazas, arcades, colonnades, and pergolas to define pedestrian areas.

e. Building heights along arterial roadways: Limit residential structures adjacent to arterial roadways to two stories.

10. Slope zone. In accordance with Zoning Ordinance Chapter 5-4, Hillside Overlay District, Planning Area 1 has been determined to be in Slope Zone 2. Mass grading is allowed, landforms may be modified, and level building sites and retaining walls are permitted.

11. Preservation zone grading. Grading for infrastructure, drainage, remediation, flood control, slope stabilization, fuel modification, trails, and habitat enhancements may occur within preservation zones which are not located in the NCCP Reserve.

12. Transition zones. The transition zone as defined in the open space and conservation element will be coterminus with a fuel modification zone at the boundary of residential development and open space. Transition zones shall not be located within the NCCP Reserve. The width and treatment of this zone shall be adapted to slope condition, vegetation and land use in consultation with fire authorities and consistent with EIR mitigation measures and applicable NCCP requirements.

13. Eucalyptus trees. The existing eucalyptus windrows in PA 1 will be retained in median landscaping, landscaped setbacks, parks, trails, agriculture areas and areas adjacent to open space to the extent trees are deemed sufficiently healthy for preservation in accordance with a survey conducted by a certified arborist pose no safety concerns, and do no conflict with fuel modification zones, roads, utilities, drainages and other infrastructure improvements. Existing eucalyptus windrows in preservation areas are incompatible with native vegetation and will not be maintained or replaced; they may be removed at the discretion of the landowner.

14. Alternative setback standards. In conjunction with any discretionary application, alternative setback standards for projects internal to the planning area may be reviewed and approved by the Planning Commission. A description of the proposed setbacks and how they differ from existing standards shall be submitted. The Planning Commission will consider the following criteria and make the appropriate findings, if necessary:

a. General character: Relationship in scale, bulk, coverage and density with surrounding land uses.

b. Quality of life: Whether the proposed alternative standard will result in an adverse impact on existing neighborhoods.

c. Suitability: The physical suitability of the site for the proposed project.

d. Limitations: Such setbacks shall not be used to deviate from setbacks established for village edges.

15. Preservation area/NCCP Reserve dedication.

a. Prior to or concurrent with the recordation of the first subdivision map in PA 1, the applicant shall record an offer of dedication in favor of the City for Dedication Areas "A&B" in PA 1 as generally depicted on Exhibit B. Such offer will be in compliance with Sections 8-14 and 8-23 and may be accepted by the City no sooner than 90 days following issuance of 75 percent building permits for dwelling units and 75 percent of the square footage for nonresidential structures in PA 1.

b. Concurrent with the recordation of the final builder subdivision map abutting Dedication Area B-1, the applicant shall record an offer of dedication in favor of the City for Dedication Area B-1 as generally depicted on Exhibit B. Such offer will be in compliance with Sections 8-14 and 8-23 except that the offer may be accepted by the City immediately after recordation.

c. Concurrent with the recordation of the final builder subdivision map abutting Dedication Area B-2, the applicant shall record an offer of dedication in favor of the City for Dedication Area B-2 as generally depicted on Exhibit B. Such offer will be in compliance with Sections 8-14 and 8-23 except that the offer may be accepted by the City immediately after recordation.

d. Prior to or concurrent with the recordation of the first subdivision map in PA 9, the applicant shall record an offer of dedication in favor of the City for the Preservation Area "P" in PA I shown on Exhibit B. Such offer will be in compliance with Section 8-14-1 and may be accepted by the City no sooner than 90 days following issuance of 75 percent building permits for dwelling units and 75 percent of the square footage for nonresidential structures in PA 9.

(1) Any trails in the NCCP Reserve and/or preservation area will be designed, constructed, owned and maintained by the City of Irvine with the exception of the design and construction of trailhead improvements as set forth in Paragraph 17 below.

(2) Because the NCCP Reserve and Preservation category are co-terminus in Preservation Area "P," the NCCP shall serve as the Open Space and Management Plan required under Section 2-21-2.

16. Master trails plan. Prior to approval of the first tentative tract map within this planning area, the applicant shall submit a master trails plan. If the project is phased, and the first tentative tract map does not include the entire Planning Area, a subsequent master trails plan will be required for the areas outside the first map. Such a subsequent trails plan will be consistent with the master trails plan requirements below. Trails through the Preservation District shall not be a part of the master trails plan. The master trails plan shall be submitted for review by the Community and Library Services Commission and approved by the Planning Commission. The plan shall address the following:

a. Locations of public and private trails and linkages, ownership and maintenance of private trails (including opportunities for non-paved trails), public viewpoints, signage, fencing concepts, and construction phasing of trails and trailhead.

b. Location and means by which access to dedicated public open space will be controlled and managed by the City through fencing or other means.

c. Location and means by which access to dedicated public open space will be controlled and managed by the City through fencing or other means.

d. Consistency with public trails as generally depicted on Exhibit C. All public trails are intended to be owned, operated, and maintained by the City of Irvine. The applicant will construct trails within Residential Districts. The City will be responsible to construct trails within the Preservation District.

(1) The applicant shall construct a Class I bicycle trail as well as a hiking trail from the existing Portola undercrossing to the proposed Jeffrey undercrossing as generally depicted on Exhibit C.

(2) At the time Jeffrey Road is constructed north of Portola, a bicycle trail and hiking trail will be merged and constructed as one paved trail under Jeffrey Road to accommodate connection with the Jeffrey Open Space Trail.

(3) The applicant shall construct an eight-foot-wide bicycle/pedestrian trail along the north side of the local street as generally shown on Exhibit C.

(4) The applicant shall construct an 11-foot-wide bicycle/pedestrian trail on the north side of Portola Parkway from the Portola undercrossing to SR-261 as generally shown on Exhibit C.

e. In conjunction with the tentative tract maps for residential areas immediately adjacent to Rattlesnake Reservoir, the applicant shall demonstrate that vista points overlooking the reservoir can be accommodated within the development area.

f. The applicant will also submit a trail study in conjunction with the first builder level subdivision map adjacent to the Rattlesnake Reservoir, which evaluates the feasibility of a hiking trail around the reservoir. The plan will be prepared in consultation with the City and IRWD and include constraints such as operational and safety issues associated with the operation of the reservoir and applicable environmental regulations associated with the NCCP Reserve. The study will demonstrate how the City portion of the trail in Dedication District P will connect to the private residential neighborhoods adjacent to the reservoir to facilitate completion of the intended loop system and appropriate trail improvements to facilitate its use consistent with applicable constraints identified in the study. The study will include an implementation plan identifying roles and responsibilities to accomplish the loop trail. It is understood that the City will be responsible for obtaining the necessary permits for the public portion of the trail.

17. Trailhead. Prior to approval of the first residential tentative tract map, the applicant shall provide a design concept plan of a trailhead approved by the Director of Community and Library Services, for access to the public open space, located as generally shown on Exhibit C. The applicant will dedicate land and construct a public trailhead of a minimum 1.5-acre. The total improvements shall be restroom/staff office building (approximately 750 square feet), 16—20 parking stalls (including some pull-through stalls), two picnic tables, two benches, bike rack, hose bib, drinking fountain, monument signage, vehicular security gate, trash cans, kiosk or covered bulletin board, security lighting, and public allweather vehicular access roads.

18. Open Space Conservation and Management Plan. Because Preservation Areas "A" and "B" are entirely with the NCCP Reserve, the NCCP shall serve as the Open Space Conservation and Management Plan required under Section 2-21-2.

19. Child care. The need for child care facilities shall be recognized in the development of Planning Area 1. Prior to the approval of the first tentative tract map for the residential portion of this planning area, the number of private sector child care slots to be provided will be determined by the City and the developer in accordance with the City policy in effect at that time. The number of slots will be based on the actual number of residential units to be built and on a determination of child care needs within the planning area.

Prior to the approval of the first tentative tract map for the residential portion of this planning area, the applicant shall address the following when locating any child care center:

a. The location of any child care center(s) shall be determined.

b. The size of any parcel that is designated for a potential child care center.

c. Child care centers shall be compatible with adjacent uses. Development of a child care center in conjunction with proposed elementary schools and adjacent to neighborhood parks, residential developments and/or neighborhood commercial centers shall be encouraged.

In locating a child care center, the proposed site shall be evaluated with regard to factors that might be detrimental to public health, safety, or welfare, including, but not limited to, proximity to high-traffic-volume roadways, hazardous materials, and major generators of traffic.

20. Hicks Canyon Wash open space spine. Notwithstanding the provisions of Section 8-19-1.C of the Zoning Code, the spine shall consist of dual trails only as set forth in Section 9-1-7.16. Subject to the approval of the Orange County Flood Control District, Army Corps of Engineers, and State Department of Fish and Game, the entire wash through PA 1 will be relocated underground.

21. Vehicle gates. Use of vehicle gates shall be permitted consistent with terms contained in the Memorandum of Understanding titled "Memorandum of Understanding ("MOU") Concerning the Use of Vehicle Control Gates for Future Residential Communities in the Northern Sphere" dated July 13, 2004.

22. Sustainable community and green building. Prior to the approval of the first Master Plan in Planning Area 1, The Irvine Company will provide a report to the City describing the voluntary green building and sustainable features that will be employed and/or offered as building options in the construction of residential buildings which exceed current building, energy or State adopted standards.

(Ord. No. 05-12, § 6, 6-28-05; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 19-19, § 4(Exh. A), 1-28-20; Ord. No. 23-09, § 4(Exh. A), 5-23-23; Ord. No. 23-13, § 3(Exh. A), 7-11-23; Ord. No. 25-22, § 4, 9-9-25)

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