Irvine Municipal Code Ch. 9-10 Planning Area 10 (walnut)

(See Planning Area 10 map following Section 9-10-3.)

(Code 1976, § V.E-810.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95; Ord. No. 98-07, § 3, 7-14-98; Ord. No. 00-08, § 4, 6-13-00; Ord. No. 05-28, § 3, 1-10-06)

Planning Area 10 is located at the northwest corner of the City. Boundaries include the City of Tustin to the west, Interstate 5 (Santa Ana Freeway) to the north, Culver Drive to the east and Irvine Center Drive to the South.

(Code 1976, § V.E-810.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95; Ord. No. 98-07, § 3, 7-14-98; Ord. No. 05-28, § 3, 1-10-06)

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-810.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95; Ord. No. 98-07, § 3, 7-14-98; Ord. No. 00-08, § 4, 6-13-00; Ord. No. 03-02, § 4, 1-14-03; Ord. No. 05-28, § 3, 1-10-06; Ord. No. 10-04, § 3, 4-13-10; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

[Figure]

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

(Code 1976, § V.E-810.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95)

See Chapter 3-37 (Development Standards).

(Code 1976, § V.E-810.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95)

A. See Division 3 for any applicable general development requirements.

B. The following requirements apply to Phases II and III only:

1. Total office, including general and home improvement related offices, in Area 4.2A shall not exceed five percent of the gross floor area developed in Area 4.2A.

2. At least 21 percent of the housing units for sale or rent in Phases II and III shall be in a price range affordable by families of moderate income. An additional five percent of the units for sale or rent shall be in a price range affordable by families of low income. The provision of the low-income units is contingent upon the availability of subsidies. If subsidies are not available, the requirement for low-income units must be met with an equal number of moderate-income units. Affordable units provided in excess of the minimum number required by this section may be applied toward fulfilling any inclusionary requirement that may be enacted in connection with the zoning of the Walnut Village Planning Area. For purposes of this requirement, income and affordability shall be as defined in the Housing Element of the General Plan and any implementing resolutions adopted by the City Council.

3. As identified in the EIR, the following conditions shall apply:

a. Locus A of CA-Ora-373 shall be preserved through incorporation into a park or open space area. Specific plans for park or open space development shall be submitted to the City's Historical, Archaeological and Paleontological (HAP) Committee for review and recommendation to ensure that such plans will not impact or disturb the archaeological site. Locus A shall be further protected from accidental intrusion during development of surrounding areas by a constraint notation in grading maps.

b. Locus B of CA-Ora-373 shall be preserved if planning considerations permit. In accordance with City policy, the HAP Committee shall make recommendations about the disposition of Locus B. Prior to the issuance of grading permits, the Director of Community Development shall ascertain that the developer has notified a qualified archaeologist and paleontologist and that they be permitted on the site during grading operations. The archaeologist and paleontologist should also attend pre-grade meetings to discuss the importance of avoiding areas subject to preservation and to attest to adherence to constraints. Additional sites or finds discovered during grading operations shall be subject to the City's historical, archaeological and paleontological policies.

4. Prior to approval of any tentative map in Phases II and III, the landowner or landowners shall prepare a map which indicates where the required lower-cost units will be located and the number of units to be developed at each location. The landowner shall distribute the sites to prevent an undue concentration of lower-cost housing in any one location. The landowner of any one of the parcels shown on the map as a site for lower-cost housing shall be required to inform any potential purchaser/developer that this site is intended to be used to fulfill the City's requirements. This condition shall run with the land until units have been constructed. Modification of the map shall be permitted as long as (1) the modification does not jeopardize fulfillment of any inclusionary requirement assigned to the area covered by the map and (2) the landowner making the modification submits a revised copy of the map of the City. If as a result of this modification a site which was designated for lower-cost housing is no longer designated for this purpose, the site may be sold without restriction.

5. If traffic generated by development in Phases II and III directly results in traffic volumes on Deerfield Avenue between Culver and Yale in excess of 80 percent of that facility's capacity (capacity is defined as 10,000 vehicles per day along the two-lane section of Deerfield) within a 10-year period from approval of the first tentative map in Phase II or III, Deerfield Avenue shall terminate in a cul-de-sac at Yale. The developer is required to post surety in a sufficient amount, as determined by the Director of Community Development, for this potential project.

6. The southern boundary of Walnut Village is the centerline of Irvine Center Drive in its ultimate alignment. In no case shall land use decisions made as a part of this village zoning affect property located south of the centerline of Irvine Center Drive as it is ultimately located and constructed.

7. The City shall explore the feasibility of providing a pool and other recreational amenities at the proposed apartment complex in Area 2.5 of Phase II while still remaining in compliance with applicable HUD regulations.

8. Village edge plans for Culver Drive and Irvine Center Drive shall be approved by the Director of Community Development prior to issuance of any building permits in Phases II and III. The edge treatment along Harvard Avenue shall be reviewed by the Director of Community Development prior to the issuance of any building permits for Phase III.

9. This planning area shall be developed in accordance with the phasing plan (see Figure 810-1). Phase II shall consist of 32 acres of general commercial and 250 units of medium density. Phase III shall consist of 725 units of medium density units and 250 low-medium density units.

10. Prior to issuance of building permits for housing within Phase III, the developer shall submit a proposal for the relocation of the existing recreational vehicle storage spaces. The plan shall be subject to review and approval by the Director of Community Development. The recreational vehicle spaces shall be provided either within the boundary of the village or at alternate locations approved by the City.

11. Prior to the issuance of building permits for the second phase of development for Area 4.2A, a Master Plan shall be submitted for that phase in accordance with the provisions of Chapter 2-17. During this review, consideration shall be given to parking ratios in relation to the square footage and land uses for the entire project.

12. On any conditional use permit for liquor stores and convenience markets in Area 4.2A, a public notice shall be sent to all homeowners' associations within a one-mile radius of the proposed use at least 60 days prior to the hearing.

13. Reserved.

14. Prior to the issuance of grading permits for the area of land known as the Jamboree Business Center project site, generally bounded by the I-5 Freeway to the north, the AT&SF railroad to the south, Jamboree Road to the east and Myford Road to the west, the property owner shall submit and receive approval from the Planning Commission of a Master Plan in accordance with Chapter 2-17 of the zoning ordinance. The Master Plan shall specifically address the following issues:

a. Village edge landscape treatments which may include setbacks;

b. Streetscape design which may include lighting.

15. For the 2.3D (Walnut) Zone Change 19678-ZC, the affordable housing goals of the City's General Plan will be met through use of the menu option, as set forth in objective C-1 of the Housing Element. It is anticipated that the implementation mechanism will be through extension of the term of affordability made possible by refinancing of the Series 1983A bonds. Prior to issuance of the first building permit, the applicant shall submit an affordable housing program for approval by the Director of Community Development which specifies the use of the menu option.

16. Reserved.

17. Prior to the issuance of precise grading permits, the applicant shall submit and receive approval by the Director of Community Development, a trip monitoring summary for the parcel map. The summary shall include an accounting of trips generated by previous approvals to ensure that the aggregate traffic projected by the uses proposed for all parcels within Vesting Tentative Parcel Map 97-133 does not exceed 8,223 daily trips, 752 a.m. trips, or 770 p.m. trips. In addition, Parcels 1 through 7 of Vesting Tentative Parcel Map 97-133 shall not exceed 6,810 daily trips, 624 a.m. trips, or 639 p.m. trips. The analysis shall include, but not be limited to:

a. The current request of square footage, or other land use unit;

b. The cumulative square footage or other land use unit;

c. The current total number of trips used for existing land uses and total number of trips available for future land uses by average daily, a.m. peak hour and p.m. peak hour; and

d. The total number of a.m., p.m. and ADT trips to be used by proposed land uses.

The maximum allowable trips set forth herein shall restrict all development under Zone Change 28754-ZC. No commercial or industrial entitlement approved within vesting Tentative Parcel Map No. 97-133 after the approval date of Zone Change 28754-ZC (June 23, 1998) may be constructed except to the extent that trip capacity based upon the above maximum allowable trips remains unused. The maximum allowable trips shall prevail over any square footage entitlement. No remaining commercial or industrial entitlement for Planning Area 10 that is not approved by Zone Change 28754-ZC may be transferred to any other planning area.

18. Vesting Tentative Parcel Map 97-133 shall provide a right-in, right-out access on Walnut Avenue.

19. For any use in the 5.5B Medical and Science Zoning District that is required by law to prepare a risk management prevention plan (RMP), the applicant shall submit the following information:

a. Orange County Fire Authority Hazardous Materials Disclosure Inventory Form.

b. Orange County Fire Authority Chemical Classification Form.

c. Material safety data sheets from chemical manufacturer(s).

d. Location of storage or disposal areas of materials on-site and/or in the tenant space/suite shown on a site plan and/or floor plan.

e. Location of loading areas used for transfer of materials on a site plan and/or floor plan.

f. Routes used for the transportation of materials (on- and off-site routes) on a site plan.

g. Proposed hours of operation and transportation of materials.

h. Documentation concerning required permits and special studies to be performed in order to obtain necessary permits through applicable regulatory agencies. The applicant shall have early consultation with those agencies that regulate substances to be used, generated, stored and/or emitted on-site prior to submittal of the Master Plan and/or conditional use permit.

The RMP shall be subject to a one-quarter mile (1,320 feet) public notification requirement as set forth by Irvine zoning ordinance Chapter 2-23 prior to certificates of use and occupancy. This public notice shall reference the submitted information and comments received by the regulatory agencies (e.g., South Coast Air Quality Management District, Orange County Fire Authority, and Orange County Health Care Agency) concerning risk management prevention plans, health risk assessments and the use of acutely hazardous materials. The purpose of the notice is to inform adjacent properties that a risk management prevention plan has been prepared and to submit comments to the agency responsible for approval of the RMP.

20. Any land use within the 5.5B Medical and Science Zoning District that causes emissions of vapor or odors as a result of manufacturing processes shall be deemed to be heavy industrial, which is prohibited in the 5.5B Medical and Science Zoning District. See also Section 3-3-1, Footnote No. 55 and Section 3-37-34, Footnote No. 6.

21. Trucks associated with material deliveries, loading or transfer of materials (shipping), equipment service, maintenance of any devices for, or within parcels that require access from Harvard Avenue are prohibited from using Harvard Avenue, north of Walnut Avenue on Sundays and federal holidays, and between the hours of 7:00 p.m. to 7:00 a.m., Monday through Friday; 6:00 p.m. to 9:00 a.m., Saturday.

(Code 1976, § V.E-810.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-15, § 3, 12-13-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-7, § 4, 7-11-95; Ord. No. 98-07, § 3, 7-14-98; Ord. No. 99-16, § 3, 6-22-99; Ord. No. 00-02, § 4, 2-8-00)