Irvine Municipal Code Ch. 9-14 Planning Area 14 (westpark)

(See Planning Area 14 map following Section 9-14-5.)

(Code 1976, § V.E-814.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96)

Planning Area 14, Westpark, is centrally located within the City. Boundaries include the San Diego Creek to the west, Barranca to the north, Culver Drive to the east and Interstate 405 (San Diego Freeway) to the south.

(Code 1976, § V.E-814.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96)

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 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-814.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96; Ord. No. 99-20, § 4, 9-28-99; Ord. No. 10-04, § 3, 4-13-10; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

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

(Code 1976, § V.E-814.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96)

See Chapter 3-37 (Development Standards).

(Code 1976, § V.E-814.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96)

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A. See Division 3 for applicable general development requirements.

B. The parking requirement for the 4.2H Community Commercial zoning category located at the southwest corner of Main and Veneto Streets shall be provided for each of the individual uses on the site according to the automobile parking matrix in zoning ordinance Section 4-3-4.

(Code 1976, § V.E-814.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96)

A. Implementation. The development objectives set forth in this concept plan are intended to be specific directives for development and shall be implemented according to the standards set forth herein. However, some of the policies and related exhibits contained in the concept plan, including, but not limited to, the street crossing sections and intersection plazas, are intended solely to guide and not to restrict creative design. Instances where this occurs are identified.

B. Land use.

1. Residential.

a. Residential development will occur in conformance with the zoning map for Westpark. Residential categories and density ranges are consistent with the City of Irvine's General Plan, A-5-10.

b. At build-out, Westpark will contain (including 460 dwelling units in Culverdale) a maximum of 5,660 dwelling units and a minimum of 3,550 dwelling units. The number of units within each density range shall be consistent with the statistical summary.

c. At least 15 percent of the housing units for sale or rent will be in a price range affordable by families of moderate income. An additional 10 percent of the housing units for sale or rent will be in a price range affordable by families of low income. The provision of the low-income units is contingent upon the availability of governmental financing programs. If these programs are not available, the low-income units total will be met with an equivalent number of moderate-income units. Income and affordability ranges will be as defined by the City of Irvine Housing Element.

d. Requirement of zoning for Housing Element compliance: Adaptation of the Planning Commission recommendation for Planning Area 3B:

(1) Term. The requirements below shall commence on the date of approval by the City Council of the General Plan amendment (89-GA-0047) and zone change (89-ZC-0142) (January 8, 1991) and shall be complied with during full residential build-out of the project, except that the affordable housing units shall be provided for at least 30 years, and the monitoring requirement of Tier III shall remain in effect for the required term as stated.

(2) Tier I: Income II.

(a) The applicant shall provide 10 percent of the total number of units constructed in the projects as newly constructed on-site dwelling units affordable to Income II households ("Income II units"). The City shall make financial incentives available to the applicant to aid the applicant in satisfying its Tier I obligation. Such financial incentives are preferred over the provision of processing incentives. If financial incentives are not available, the City may make available processing incentives which are within its authority to provide; however, processing incentives are to be used as a last resort. At the City Council's discretion, the applicant may be permitted to satisfy this Tier I requirement through either of the following mechanisms:

1. Payment of in-lieu fees. Providing the City Council adopts an in-lieu program, and further providing the City Council authorizes this alternative, the applicant may satisfy its Tier I obligation by paying an affordable housing in-lieu fee in an amount equal to the amount of subsidy as that term is defined in Subsection (5)(c), below.

2. Sale of equivalent value in land. If authorized by the City Council, the applicant may satisfy its Tier I obligation by selling sufficient land on-site to the City to provide for the development of 10 percent of the total number of units to be constructed by the project as Income II units. For the purposes of this mechanism, the land to be used would be zoned Medium Density or Medium-High Density Residential within the project. The applicant shall then sell the land at a price determined by a fair market valuation based on the density range of residential development approvals provided by zoning and minus the amount of subsidy necessary to meet the affordability criteria of this Tier I.

(b) Compliance with this Tier I requirement in the manner described above is dependent upon the applicant's ability to obtain financial incentives in an amount equal to the amount of subsidy. In the event that financial incentives are "unavailable" as that term is defined in Subsection (5)(b) below, the applicant shall satisfy its Tier I obligation by either of the following mechanisms:

1. Construction of Income III units. The applicant shall construct on-site 10 percent of the project's total units as new dwelling units affordable to Income III households (Income III units); or

2. Conversion of existing market rate units. Convert off-site market rate units to Income III units in a number equal to one-half of this Tier I requirement with the other one-half to be satisfied per Paragraph 1 above. If the conversion option is chosen, the program must specify the criteria for measuring the dispersion of affordable units along with its socioeconomic and environmental impact on existing neighborhoods and be approved before the approval of any discretionary permit.

(c) In the event that the financial incentives are "limited" as that term is defined in Subsection (5)(b) below, the applicant shall satisfy its Tier I obligation by providing a combination of Income II and Income III units. The relative number of Income II and Income III units shall be determined in the following manner: The number of Income II units to be constructed on-site shall be determined by dividing the amount of subsidy necessary to provide 10 percent of the project as Income II units into the total amount of financial incentives the applicant will receive for Tier I. The balance of the Tier I units the applicant is required to provide shall be satisfied by either the construction on-site of Income III units or the conversion of off-site existing market rate units to rental units affordable to Income III households in a number equal to one-half of this Tier I requirement (see example in Subsection (5)(c), below). If the conversion option is chosen, the program must specify the criteria for measuring the dispersion of affordable units along with its socioeconomic and environmental impact on existing neighborhoods and be approved before the approval of any discretionary permit.

(3) Tier II: Income I and II.

(a) The applicant shall have the option of providing financial/technical assistance and/or making land available at a reduced or discounted price (reservation of land), which is zoned for medium density or medium-high density development to allow the City, a nonprofit builder or a combination thereof, which may also include the applicant, for the purpose of providing 1.5 percent of the project's total dwelling units as newly constructed Income II units and for the purpose of providing one percent of the project's total dwelling units as newly constructed Income I units.

(b) The land shall be reserved for acquisition at fair market value based on the density range of residential development approvals provided by zoning. The land shall be reserved for a period not longer than the issuance of building permits representing 75 percent of the residential development to be constructed within the project or for a period of four years from the approval of zoning or recordation of any final map, whichever occurs first.

(c) This Tier II shall not obligate the applicant to dedicate any land, nor shall it require the City or any nonprofit builder to construct any dwelling units.

(d) As an alternative to reserving land for a defined period of time, an applicant may provide for this Tier II portion of the program through conversion of off-site existing market rate dwelling units to affordable units (as discussed in Tier I above) or other mechanisms, including, but not limited to, the payment of in-lieu fees, if an in-lieu fee program is adopted by the City Council. The applicant has no construction requirements hereunder.

(4) Tier III: Income III.

(a) The applicant shall develop and implement a monitoring process which shall generate a report on a semiannual basis. This report will permit the City to evaluate the extent to which residential development in Planning Area 14 is providing housing which is affordable to Income III households in an amount equal to at least 12.5 percent of all new residential units to be constructed as a result of this approval of Areas 7B and C and 12E, F, and G; providing, however, no unit previously used to satisfy the prior Housing Element or a prior bond program requirement is being counted toward that 12.5 percent. This monitoring process shall be implemented and shall continue throughout build-out of the project. If the reporting requirement shows that the project is producing the 12.5 percent of all newly constructed units on-site as Income III units, then the applicant has no other requirements under this Tier III.

(b) In the event that the report reflects that the housing units built in the project do not meet the affordability criteria of this Tier III, the applicant agrees to establish, through negotiation, specific affordability requirements for this Tier III consistent with the Housing Element goal of providing 12.5 percent of the project's total dwelling units as Income III units and consistent with Subsection (5)(j) below. The City shall provide financial incentives to the extent available to facilitate the maintenance of affordability of those units for which specific requirements are established. In the event that financial incentives are "limited," the applicant shall satisfy its Tier III obligation by providing a combination of Income III and market rate units, with the number of Income III units to be maintained determined by dividing the amount of subsidy into the total amount of financial incentives the applicant will receive for Tier III. In the event that financial incentives are "unavailable," the applicant has no other requirements under this Tier III.

(c) In the alternative, the applicant may at its option be relieved from this monitoring or compliance requirement through the payment of in-lieu fees or dedication of land in an amount equal to the amount of subsidy necessary to produce 12.5 percent of the project's total dwelling units as Income III units, provided that an in-lieu fee program is adopted by the City Council.

(5) For the purpose of this requirement of zoning, the following notes shall apply:

(a) "Financial incentive" means financial assistance to the project, including public funds and private funds, for the purpose of lowering the cost of providing affordable units. Examples of financial incentives include, but are not limited to, mortgage revenue bonds, community development block grant funds, linkage fees, housing trust fund monies, foundation monies, and tax increment financing if such incentives are made available by the City Council.

(b) "Unavailable financial incentives" shall mean that financial incentives as defined in Subsection (a) above are absolutely not available for the project. However, financial incentives shall not be deemed to be "unavailable" if the applicant fails to provide the requisite quality or quantity of affordable housing to qualify for financial incentives. For the purposes of this zoning note, the phrase "limited financial incentives" shall mean that the total amount of financial incentives obtainable for the project equals an amount less than the total amount of funds necessary to bridge the affordability gap through the amount of subsidy received. No amount of financial incentives shall be deemed to be limited if such limitation is a result of the applicant's failure to provide a quality or quantity of affordable housing necessary to obtain the financial incentives.

(c) "Amount of subsidy" shall be an amount equal to the funds necessary to eliminate the affordability gap as discussed on pages 7—18 of the "City of Irvine, The Economics of Affordable Housing Development" report prepared by Rosen & Associates, 1989, as updated or revised from time to time by the City Council. The following is an example of applying the amount of subsidy in the calculation of the number of required affordable units. Assume that the applicant shall construct 500 units as a result of the project. The applicant is required to construct five percent Income II units under Tier I (25 units) and an additional five percent Income II units under Tier II (25 units). Further assume that the amount of subsidy is $10,000 per unit. Assume also that the applicant has obtained $100,000 in financial incentives. Under this scenario, the applicant will be obligated to build 25 Income II units in accordance with Tier I, but only an additional 10 Income II units in accordance with Tier II (financial incentives obtained divided by amount of subsidy required equals number of Income II units required, or, $100,000 divided by $10,000 equals ten). As a result, the applicant shall then have an obligation to construct the remaining 15 units as new Income II or III units.

(d) "Processing incentives" are any types of changes to existing land use policies which will increase the applicant's ability to provide affordable housing. These incentives may include, but shall not be limited to, development standards modifications for setbacks, building height, parkland requirements and parking requirements; expedited processing; fee waivers; and density bonuses granted only according to Government Code parameters.

(e) "In-lieu fee" means the payment of a fee derived from determining the difference between the costs of producing a market rate unit as opposed to an affordable unit. This difference is commonly known as the "affordability gap," which is defined as the subsidy required to provide housing units at designated income levels.

(f) Production of affordable units and conversion of existing market rate units off-site to affordable units will be evaluated for dispersal, with no absolute requirement for them to be produced on the housing development site, except for one-half of the requirement for Tier I, which must be provided on-site. In the event that a development in the project produces affordable units in excess of the Tier I requirement, such units may be used as credits only in Planning Area 23 and Planning Area 38 on an equivalent basis to satisfy the Housing Element goals. Not more than half of the affordable housing requirements for Planning Area 23 or Planning Area 38 will be satisfied by the credit.

(g) At least 10 percent of all affordable units provided pursuant to Tier I shall provide three or four bedrooms.

(h) At least 10 percent of all affordable units provided pursuant to Tier I shall be adapted (as defined in Title 24 requirements) for the physically handicapped.

(i) Except as provided in Subsection (g) above, the number of affordable studio, one-bedroom, two-bedroom, three-bedroom or four-bedroom units will be proportionate to the mix of market rate dwelling units within the project whether produced on- or off-site.

(j) All affordable units produced in satisfaction of this condition of approval shall be maintained according to the income categories identified in Tiers I and II, and including Tier III, if applicable, and shall be so maintained for a period of 30 years, unless the Housing Element is amended to require a shorter term of affordability. In this instance, the applicant would be required to request a zone change to reduce the 30-year term. Financial incentives will be made available to the applicant (if available) to facilitate the final 15 years of affordability.

(k) The leasing of rental units shall conform to the City's prioritization policy. This means that preference for occupancy of affordable units will be given to households having one member with full-time employment in the City, or in receipt of a Section 8 certificate and voucher.

(l) Construction of on-site affordable units pursuant to Tier I shall be phased to be generally concurrent with the construction of market rate units. Consistency with this phasing plan shall be demonstrated as part of the affordable housing requirements for the project.

(m) The applicant shall be responsible for coordinating with the City in implementing these requirements on its own behalf and on behalf of its merchant builders and shall annually provide evidence of compliance with all requirements set forth.

(n) "Equivalent value in land" means the fair market value of land reserved as potential site(s) for housing based on the density range of residential development approvals provided by zoning for potential site(s).

(o) Implementation of this requirement of zoning shall not be limited or restricted in any way by the approval of any vesting subdivision map or development agreement. The City shall retain full discretionary authority over the terms and conditions of the build-out of Planning Area 14 with respect to this requirement of zoning, notwithstanding the approval of any vesting subdivision map or development agreement.

(p) "Project" shall mean the General Plan amendment (89-GA-0047) and zone change (89-ZC-0142) and all subsequent discretionary actions regarding Areas 7B and C (Lots 1 and 2 of 85-TT-12355) and Areas 12E, F, and G (Lots 10, 11, and 42 of 85-TT-12355) of Planning Area 14. The total number of units affected by this requirement of zoning includes 830 units in Areas 7B and 7C and 183 units in Areas 12E, 12F, and 12G.

(q) "County median income" shall mean the median income for Orange County as calculated each year by the United States Department of Housing and Urban Development.

(r) "Income I" shall mean households earning zero to 30 percent of the County median income. "Income II" shall mean households earning less than 50 percent of the County median income. "Income III" shall mean households earning 50 to 80 percent of the County median income. "Income IV" shall mean households earning 80 to 120 percent of the County median income.

e. Housing units affordable to low- and/or moderate-income families will be developed in areas designated for high and medium-high densities.

f. The low- and moderate-income units will feature architectural design and building materials similar to and compatible with the surrounding homes and other development.

g. During the initial sale or rental of residential projects, programs will be developed to encourage employees working within the Irvine Business Complex and other Irvine employment centers to reside in Westpark. Details of the program will be submitted to the City prior to approval of any subdivisions.

h. Reserved.

i. Prior to the approval of any tentative maps, the landowner or landowners shall prepare a map which indicates the location and distribution of the required low- and moderate-income units. In preparation of this map, the lower-cost housing sites will be distributed to prevent undue concentration of lower-cost housing in any one location. The landowner(s) of any one of the parcels shown on the map as a site for lower-cost housing shall inform any potential purchaser/developer that this site is to be used to fulfill the City's inclusionary requirements. 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 to 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.

j. In conjunction with the submittal of an application for the tentative tract map for Areas 7B and 7C (Lots 1 and 2 of 85-TT-12355), the applicant shall indicate on the map the four-milligauss magnetic fields contour line. No residential living area or child care buildings shall be developed between the Southern California Edison right-of-way and the magnetic fields contour line. This contour line will be based upon the typical annual mean load (median load if annual mean is not available) as provided by Southern California Edison. "Residential living area" is defined as the area included within the exterior walls of a building, excluding any garage or storage area.

k. In conjunction with the submittal of applications for conditional use permits for residential and child care uses, the applicant shall submit and have approved by the Director of Community Development a study that addresses the current research of residential magnetic field levels. The study shall include a compilation of the current research for the average typical exposure of residential magnetic fields levels in Southern California homes. If the Director of Community Development determines that the research indicates that the average typical exposure level is substantially different from the four-milligauss level included in the Westpark GPA/ZC project, then the milligauss contour lines shall be revised and restrictions pertaining to residential living area and/or child care buildings as contained in Subsection B.1.j shall apply using the revised contour line. The applicant may propose alternate mitigation measures as an alternative to modification of the electromagnetic field contour lines provided that such mitigation measures demonstrate the ability to reduce magnetic field exposure to the average typical exposure level. Such mitigation measures will be subject to the approval of the Director of Community Development.

l. Prior to the submittal of applications for building permits for any project adjacent to the Southern California Edison (SCE) right-of-way, the applicant shall submit, and the Director of Community Development shall approve, an electromagnetic fields (EMF) notification and information and disclosure statement to be signed by each prospective tenant or homebuyer for the project and included as part of the final sales literature, with the most current information on the following:

(1) A statement of the EMF's health risk, including, but not limited to:

(a) The location of the SCE power lines in the vicinity of the project.

(b) A statement that notes that this subject has been addressed and information on EMF research is available in the final EIR for Village 38 on file with the City of Irvine, Community Development Department.

(c) A bibliography of research that has been prepared since January 1990, including that from the California State Department of Health and the California Public Utilities Commission, which indicates where and from whom information can be obtained (i.e., name, organization, address, and telephone number).

(d) A statement that the California State Board of Education has adopted a 150-foot setback from the 230-kv lines for schools.

(e) A statement that, in the future, SCE may increase the number of power lines and/or voltage through the lines adjacent to Area 7B (Lot 1 of 85-TT-12355).

(f) A listing of the name, address and telephone number of the Southern California Edison Company representative from whom additional information can be obtained.

2. East/west activity corridor.

a. Development in the activity corridor will occur in conformance with the "zoning map" for Westpark. The activity corridor is bounded by Culver, Alton, Barranca, and Peters Canyon Wash.

b. Within the activity corridor, a 30-foot-wide landscaped area will be planted with a continuous linear row of tall vertical evergreen trees along both sides of the San Diego Creek Channel. See Exhibit 7J (following this chapter). The east/west regional trail shall be dedicated for City ownership and maintenance.

c. The development of the activity corridor will be consistent with the objectives and implementing actions contained in the Irvine activity corridor urban design study as approved by the City Council unless otherwise modified by the provisions of this ordinance.

d. The character of development within the activity corridor will be visually distinguishable from the area south of Alton through the use of a different streetscape, different land uses, more intense residential development and an architectural character that is different from yet compatible with the architectural style south of Alton.

e. The streetscapes for Culver, Barranca, Alton and Paseo Westpark surrounding the district commercial center will feature formal plantings of a broadleaf evergreen tree. The medians for Alton and Barranca in these areas will feature informal plantings of a deciduous broadleaf vertical tree and evergreen pine as described in Subsection B.2.f.

f. The parkways and medians for Alton and Barranca within the activity corridor from Paseo Westpark to Peters Canyon Wash will feature informal plantings of a deciduous broadleaf vertical tree and an evergreen pine tree as a minor tree in the parkway and a deciduous broadleaf vertical tree and evergreen pine, with the evergreen pine being the major tree. The commercial and civic center will be distinguished by their different streetscape palette and formal planting arrangement.

g. Developments and streets within the activity corridor will feature a common tree (deciduous), to be approved by the Director of Community Development as a unifying theme element at a time of Phase I design approval.

h. The Harvard and Paseo Westpark streetscapes within the activity corridor will use the activity corridor's theme tree, the common deciduous tree identified above, except for the streetscapes bordering the district center and the civic center, which will feature the commercial/civic center streetscape palette.

i. Continuity of development within the activity corridor will be achieved by using common architectural elements such as building material palettes, building form landscaping palettes, materials, colors and wall treatments. Other theme identification features will be developed.

j. Tall vertical trees will be used in the village edge on Culver Drive immediately south of Alton Parkway as a visual emphasis for the corridor.

k. For each project, no more than 40 percent of the frontage on Culver Drive may be occupied by buildings, with the remaining 60 percent of the frontage in landscaping, parking or open areas.

3. Peters Canyon Wash open space spine.

a. Development of the spine will occur in conformance with Exhibit 7K, cross sections 7A and 7B (following this chapter).

b. The Peters Canyon Wash open space spine adjacent to Westpark will be complemented by the provision of the community park and a landscaped windrow where the San Diego Freeway (I-405) crosses the corridor.

c. Minimum setbacks from the San Diego Creek/Peters Canyon Wash right-of-way shall be 65 feet for buildings and 50 feet for parking, with an average of 75 feet building and an average of 65 feet parking setbacks. The average setbacks will be maintained on a project-by-project basis.

d. A combination of staggered building setbacks, landscaped parking courts of variable dimensions and recreational facilities will provide visual open space extensions that expand the spine image.

e. Landscaping along the corridor will be used to reduce the visual impact of the commercial uses south of Main Street. Landscape treatment along the channel will feature tall vertical evergreen trees.

f. The land area will be improved by the developer and dedicated to the City for public ownership and maintenance.

g. Access to the open space corridor will be provided at the community park and through the public neighborhood park between Main Street and Alton Parkway, west of Harvard Avenue. Accesses will consist of pedestrian and bicycle paths through greenbelt and/or open space areas. See Exhibit 6 (following this chapter).

h. Adaptive, drought-tolerant plant materials will be utilized along the open space corridor whenever possible to minimize future maintenance needs.

4. Culverdale.

a. Whenever feasible, the landscaping along Culver Drive adjacent to Culverdale will be made compatible with the landscaping for the remainder of the Village of Westpark along Culver Drive.

b. Concurrent with the wall and streetscape plan for the Village of Westpark, a feasibility study for making compatible the appearance of the Culverdale wall with the Village of Westpark theme wall shall be reviewed by the Planning Commission. The study shall analyze alternative treatments which have been developed in conjunction with Culverdale Homeowners' Association.

C. Public and private facilities and services.

1. Parks.

a. The parks and open space system proposed for Westpark will be consistent with the parks and recreation element and Title 5, Division 5, Chapter 10 of the Irvine Municipal Code.

b. The public park facilities shall be maintained by the City, and private park facilities shall be maintained by private maintenance associations.

c. The conceptual locations of the three public parks and the three larger private parks are indicated on Exhibit 5. Exact locations, park configurations and sizes will be reviewed by the Community and Library Services Commission and approved by the Planning Commission at the time of tentative tract map and park modification approvals.

d. Neighborhood park requirements will be met by the dedication and improvement of three public parks (two parks four acres in size and one park six acres in size) and three private parks four acres in size, and the provision of an unknown number of smaller private parks of at least 0.3 acre in size.

e. Community park dedication requirements of Westpark shall be met by the dedication of parkland at the confluence of the San Diego Creek and Peters Canyon Wash. Any additional parkland at this site will go towards meeting community park requirements for Village 38. Any required improvements to the park will receive park credits.

f. The 10.4-acre parcel located north of the community park on Barranca shall be dedicated to the City. The developer shall not receive community park credit for this dedication.

g. All neighborhood parks located adjacent to major streets shall be designed to serve the adjacent residential areas and shall be oriented accordingly. Contribution of aesthetic qualities to major streets shall be secondary to the relationship to the population the park serves. Parking shall be provided per the City of Irvine parking ordinance, off of a local street within the residential area adjacent to the park.

h. The park fronting on the west side of Harvard shall be designed so that a minimum 100-foot public paseo shall connect the park to the open space spine.

i. No in-lieu fee shall be accepted to substitute for required community park land.

j. Private parks shall be located within the neighborhoods they service to provide convenient pedestrian access from the residential units.

2. Schools.

a. An elementary school site shall be reserved for development by the Irvine Unified School District. The site shall be located on the east side of Harvard, adjacent to the public neighborhood park. The school will be designed so that it is accessed off of local streets. The precise location of the school will be identified during the subdivision review process.

3. Fire.

a. No new fire facilities are proposed within the village.

4. Police.

a. Any new police facilities within the village will be provided in the Civic Center.

5. Child care.

a. The need for child care facilities will be recognized in the development of Westpark. Based upon the ultimate projected population for Westpark, the Child Care Committee has determined a need for the provision of child care for a minimum of 500 children in the village.

b. Possible relationships between land uses and child care centers include in the village commercial center, in conjunction with elementary schools, adjacent to neighborhood and community parks, within residential complexes, and within private community clubhouses.

c. Reserved.

d. In locating a child care center, the proposed site should be evaluated regarding the proximity to high traffic volume on roadways, automotive exhaust fumes (i.e., heavily used intersections, gas stations), hazardous materials, major industrial pollutants, and major generators of traffic, and other factors that might be detrimental to the public health, safety, or welfare.

e. In accordance with the intent of the original Westpark zoning (previous special development requirement II-39), 60 percent of the land contained in Lot 14 of Tract 12355 shall be developed with institutional uses (as defined in Section 1-2-1 of this zoning ordinance). Alternatively, the landowner or the City may propose to satisfy this institutional requirement through some alternate method or program. If an alternative method or program is to be considered, the City or the landowner (depending upon who proposes the alternate method or program) shall provide a written proposal to the other party prior to issuance of building permits for development on Area 2B. In the absence of any such written proposal, processing of building permits for Area 2B shall not be affected, and the 60 percent institutional use requirement for Lot 14 stated above shall apply. In the event that either the landowner or the City does submit a written proposal for an alternative method or program, processing of building permits for Area 2B shall not be affected; and any alternative method or program upon which the landowner and the City shall agree shall be reduced to a written agreement between the landowner and the City and approved by the City prior to the earlier to occur of (i) approval of a Master Plan of development for Lot 14, or (ii) approval of a Master Plan for the family services center proposed for Area 9A. In the event that the landowner and the City enter into an agreement for an alternative method or program in lieu of the 60 percent institutional use requirement for Lot 14, the 60 percent use requirement for Lot 14 shall no longer apply, and Lot 14 shall remain zoned General Commercial without the need for any zoning amendment or other process.

D. Circulation.

1. Streets.

a. The major public street components of Westpark are as follows: Culver Drive as a thruway; Barranca Parkway, Alton Parkway and Harvard Avenue as parkways; Main Street as a community collector; and Paseo Westpark, which is proposed to be extended as a community collector to serve as the primary north/south access to the activity corridor.

b. Cross sections for the major streets are depicted in Exhibits 7A through 7I (following this chapter).

c. No direct residential driveway access will be provided onto Barranca and Alton Parkways, Culver Drive, Main Street, or Harvard Avenue, or Paseo Westpark Avenue.

d. Paseo Westpark will be developed as the community theme street featuring minimum building setbacks from the curb of 50 feet and meandering eight-foot sidewalks on both sides of the street south of Alton. See Exhibits 7E and 7F (following this chapter).

e. The Paseo Westpark median in Culverdale will be replanted with the selected Paseo Westpark Avenue theme tree. See Exhibit 7D (following this chapter).

f. Provision of landscaping treatments, sound attenuation measures and building setbacks along the village edge and all major streets shall be as shown in Exhibits 7A through 7L (following this chapter).

g. Major intersection landscape treatments shall occur as shown in Exhibits 2 and 4 (following this chapter). The four intersections entirely within the village will feature plazas of approximately one acre in size (one-fourth acre per corner), with the two intersections along Culver Drive somewhat smaller. These plazas will be dedicated to the City and could contain features such as treillage, palm trees for vertical accent, other landscaping and hardscape. Each of these locations provides an ideal opportunity for public art displays. The plazas shall be maintained by homeowners' associations or by a private maintenance association. If the City Council activates the landscape maintenance district for Planning Area 14, then the district would fund maintenance for the intersection plazas.

h. Prior to the issuance of a construction permit for the intersection plazas, a landscape and maintenance plan shall be reviewed and approved by the Director of Public Works and the Director of Community Development.

i. The maintenance and safety impacts of using special pavement treatments for crosswalks shall be identified. Before approval of intersection plans, a mechanism shall be established for financing any additional maintenance requirements.

j. Village identity signing shall be provided as shown in Exhibit 2 (following this chapter). Prior to the issuance of sign permits, a sign program shall be reviewed and approved by the Planning Commission.

k. Accent plantings at major entries to Westpark shall be provided. These will be formal plantings containing a tree palette different from adjacent landscaping. These entry statement plantings along the San Diego Creek/Peters Canyon Wash at Alton Parkway and Main Street and Harvard Avenue and the I-405 Freeway are in addition to the major intersection treatments and serve to delineate the village boundaries.

l. Trees shall be planted in all public rights-of-way so as to minimize the ultimate canopy growth intrusion onto private property.

m. Additional northerly access is necessary prior to the build-out of Planning Area 14 and has been implemented specifically by building Jamboree through the former MCAS(H) Tustin as a superstreet to provide a desirable route for redistribution of IBC traffic which otherwise impacts Harvard and Culver. In the event that Jamboree improvements are not under construction by the time of building permit submittals for development equivalent to 53 percent of the projected overall trip generation as identified in the Planning Area 14 traffic study, January 25, 1985, further development approvals shall not be granted unless alternative improvements are identified and provided for or an additional traffic analysis determines that additional development can be accommodated within City standards for the operational level of streets. Prior to the issuance of building permits for any development within Planning Area 14, the developer shall provide the City with an accounting of trip generation estimates for all building permits previously issued for Planning Area 14. When 53 percent of the projected overall trip generation has been reached, no further building permits shall be issued until Jamboree is under construction as a superstreet to the I-5 Freeway or alternative improvements are identified and provided for or further analysis demonstrates that additional development can be accommodated within City standards for the operational level of streets. ("Under construction" is defined as the award of the construction contract.)

n. Circulation improvements identified in the concept plan and the Westpark EIR determined to be necessary through the tentative tract map processing shall be implemented in conjunction with or before each development phase unless otherwise indicated by the Circulation Phasing Task Force subject to review by the Planning Commission and the City Council. Monitoring of those improvement needs and refinement of their implementation timing should be accomplished annually by the task force.

o. Harvard Avenue at Barranca Parkway shall not be developed as an offset intersection either in the interim or at ultimate development.

2. Bicycle trails.

a. Bicycle trails will be provided on-street in a manner consistent with current City of Irvine policy. The cross sections depicting the location of these trails are shown in Exhibits 7A through 7L (following this chapter).

b. Where regional trails intersect streets, bicycle trail undercrossings will be provided, as shown in Exhibit 3 (following this chapter). A bicycle trail grade separation shall be constructed at Harvard and the San Diego Creek Channel at the time of the Harvard and Barranca intersection improvements or the San Diego Creek Channel improvements at the earliest possible time. A bicycle trail grade separation shall be constructed at Barranca and Peters Canyon Wash Channel and be implemented at the time of ultimate improvement on Barranca or the ultimate improvement of the Peters Canyon Wash at the earliest possible time.

c. Bicycle trail connections will be provided from Westpark to the regional trails contained in the San Diego Creek Channel and the Edison right-of-way along the I-405 Freeway, as shown in Exhibit 5 (following this chapter). The precise location of these connections will be determined during the subdivision review process.

3. Pedestrian links.

a. East/west pedestrian access will be provided from Culver Drive to the San Diego Creek Channel and the community park as shown in Exhibits 5 and 6. Primary paseos shall be 11 feet in width. The precise location of this access will be determined during the subdivision review process.

b. Pedestrian sidewalks will be provided in the parkways of streets in a manner consistent with current City of Irvine policy. Cross sections depicting the location of these paths are shown in Exhibits 7A through 7I (following this chapter).

c. The berm design shall facilitate the drainage of the primary paseo area. Additionally, berming will be designed to prevent drainage onto private properties and minimize drainage onto public sidewalks. Prior to issuance of grading permits, the design of the primary paseo shall be reviewed by the Manager of Public Services and approved by the City Engineer.

d. In conjunction with the review and approval of the master tentative tract map, a pedestrian circulation plan shall be submitted to and approved by the City.

e. At the time of submittal of individual builder parcels within Planning Area 14, the developer shall submit for review and approval of the Planning Commission a plan for the local pedestrian circulation within the individual parcels and identify how it will connect with the framework pedestrian system within Village 14 and connect or interface with the adjoining tract.

f. Pedestrian access to transit opportunities shall be provided through subdivision design. Pedestrian breaks in walls, and paths through landscaping, shall be shown on subdivision plans, to enhance use of public transit.

4. Equestrian and hiking trails.

a. The equestrian and hiking trail shall be located on the west side of the San Diego Creek Channel.

5. Public transit.

a. Bus stop and transit turnout location shall be identified through subdivision design where there is concentrated commercial residential and office development, or at intersections of arterial to arterial, or arterial to collector, streets. Whenever possible, bus stops shall be located at the far side of an intersection to facilitate bus and traffic operations, and shall also be located in the vicinity of walkway connectors.

b, c.

Reserved.

d. Prior to the submittal of applications for building permits, the applicant shall submit, and the Director of Community Development shall approve, a statement to be signed by each tenant and/or homebuyer prior to occupancy demonstrating receipt of a packet of information, to be approved by the Director of Community Development or obtained from the City of Irvine, describing any and all transportation programs and services in and around the project area. The information shall include information about carpooling, vanpooling, transit and shuttle services, bicycling, walking and other modes, alternative work schedules, ride matching, park-and-ride facilities, and other facilities that could be utilized by employees and residents of the project.

e. Concurrent with the review and approval of development applications for all future commercial uses in Westpark, the applicant shall be required to participate in and to implement site-related transportation system management (TSM) and/or transportation demand management (TDM) plans as developed by the City. The TSM and/or TDM plans shall be aimed at minimizing impacts of project-generated traffic and may include, but shall not be limited to, the implementation of signal timing/coordination modifications and transportation management techniques.

f. Any future applications for a density bonus for Westpark Areas 12, 7B, and/or 7C shall be subject to a full environmental analysis and shall include a traffic study evaluating the impacts and required mitigation measures, if determined as necessary by the Director of Community Development, to accommodate the proposed project.

g. The applicant shall mitigate peak hour traffic impacts of the projects as identified in the traffic study and any supplemental report addressing impacts of a revised number of residential units in Areas 7B and 7C, at those intersections that will be subject to the requirement of an anticipated City-wide deficient intersection mitigation fee program on a fair-share basis, by participation in such a program. The fee program will be established upon City determination of the nature of such a fee program and equitable means of new development participation. The applicant shall not be required to mitigate impacts that are not attributable to their project. The issuance of building permits shall not be withheld by the City pending City Council adoption of the deficient intersection fee ordinance. The fee shall not be applied retroactively to any building which is in receipt of a building permit.

E. Village edge.

1. The Culver Drive village edge will consist of a 50-foot building setback from the curb and will feature a blend of hardscape and softscape elements in an informal manner that envisions rolling berms, an eight-foot-wide meandering sidewalk, and the designated street tree. A village theme wall shall be the primary element. The wall design shall be consistent with thematic guidelines adopted for Westpark. The final design of the village edge will be determined at the time of approval of the streetscape plans.

2. Berms shall be at least a 2:1 slope throughout Westpark. Berms shall be designed to minimize drainage impacts on sidewalks.

3. A 50-foot landscaped village edge shall be provided along the San Diego Freeway (I-405) within the Edison right-of-way. The landscaping will consist of grass and shrubs. This area will be maintained by the City under license from Edison. See Exhibit 7L (following this chapter).

4. Treatment of the bicycle trail located within the Edison right-of-way will be consistent with the trail's treatment adjacent to Culverdale.

5. The village edge along the south side of Alton Parkway will consist of a 42-foot building setback from curb and will feature a six-foot meandering sidewalk, informal tree plantings consisting primarily of evergreen pines with a deciduous tree as an accent, and a sound attenuation wall and/or berm. See Exhibit 7B (following this chapter).

F. Infrastructure.

1. Drainage.

a. No substantial changes are proposed by The Irvine Company for Peters Canyon Wash (F06).

b. At the time of tentative map approval, reservation of sufficient right-of-way for the east-west channel between Culver Drive and Peters Canyon Wash shall be required for the ultimate improvements. The east/west channel shall be improved as a trapezoidal channel with an earthen or concrete bottom and protected sides sloped at least 2:1 unless engineering considerations require modifications as approved by the Director of Community Development. The east/west channel slope treatment shall be extended through the confluence along the side adjacent to the community park to the Alton bridge. Desired alternatives for slope protection are soil cement, concrete or riprap. Any additional right-of-way for the chosen alternatives shall be on the south edge of the channel. Prior to the recordation of the first final map, the developer shall enter into an agreement and post security for the ultimate east/west channel improvements. The improvements shall be under construction not later than three years after recordation of the first final map. The interim improvements may consist of berm as proposed by the applicant. The Culver Drive bridge shall be improved as necessary to be capable of passing the 100-year storm discharge. The costs for the above improvements shall be as determined in the agreement.

c. The San Joaquin Creek Channel (F14) adjacent to Main Street will be improved to a reinforced concrete box in conjunction with completion of street improvements for Main Street. No improvements are required for that portion of the channel adjacent to Culverdale unless required for flood protection.

d. A system of storm drains will be designed and installed to provide drainage in Westpark.

e. In order to reduce the amount of water ponding over permeable soil, rain gutters with downspouts draining over an impermeable surface to a storm drain, or connected directly to the storm drain, or other mitigation measures, may be required by the City Engineer.

f. In order to reduce ponding water in landscaped areas, subdrain systems shall be installed if required by the City Engineer.

g. Where surface runoff from individual lots over natural ground is anticipated, drainage swales, yard drains or other mitigation measures shall be installed if required by the City Engineer.

h. Prior to issuance of grading permits, a groundwater study shall be submitted to and approved by the City Engineer.

2. Sewer.

a. Sewer service to Westpark is provided by the Irvine Ranch Water District, which has trunk lines located in Culver Drive and adjacent to Culverdale.

b. The backbone sewer system improvements will occur at the time the major roadways are improved, as shown in Exhibit 3 (following this chapter). Construction of smaller lines will be phased in accordance with street improvement activities.

3. Water.

a. Domestic and reclaimed water service to the village is provided by the Irvine Ranch Water District.

b. Additional domestic and reclaimed water distribution facilities will be constructed in accordance with street improvement development activities.

4. Energy distribution facilities.

a. Required distribution facilities will be placed underground and be located within roadways or easements as determined in subsequent plan refinement states.

5. Waste management.

a. Prior to submittal of applications for building permits for office and commercial uses, the applicant shall submit, and the Director of Community Development and the Director of Public Works shall approve, a plan to implement the objectives of the waste management element of the General Plan. This plan shall include, but not be limited to, the following measures:

(1) A program which addresses the participation in source reduction of solid waste and recycling of all potential recyclable solid waste products.

(2) A commitment to contract with a recycling business for collection and reprocessing of glass, paper, and aluminum. An implementation schedule shall be submitted identifying that the proposed recycling program will commence upon initiation of regular solid waste refuse collection.

(3) Provision of on-site receptacles shall be provided to accumulate paper, bottles, and aluminum for recycling purposes.

(4) A program which addresses the participation in source information of hazardous materials.

(5) A program which identifies compliance with hazardous waste and materials regulations (local, State, and federal).

b. Prior to the submittal of applications for building permits for residential use, the applicant shall submit, and the Director of Community Development and the Director of Public Works shall approve, a plan to implement the objectives of the waste management elements of the General Plan. This plan shall include, but not be limited to, the following measures:

(1) A commitment to contract with a recycling business for collection and reprocessing of glass, paper, and aluminum until such time as the City of Irvine expands its recycling program to include multifamily residential buildings.

(2) Provision of on-site receptacles to accumulate paper, bottles, and aluminum for recycling purposes.

(3) A program for distribution of information encouraging residents to participate in source reduction and to recycle all potential recyclable waste products.

(4) A program for distribution of information to residents on the County's household hazardous materials collection program, which shall include, but not be limited to, which items are considered household hazardous materials, procedures for deposition, and the location of the regional collection centers.

If in the future the City initiates additional waste management programs, the property owner or tenant shall participate in such programs.

G. Theme policy.

1. The character of Westpark shall reflect a "Mediterranean" expression, characterized by the use of materials and forms that have evolved over time in this region, shaped by cultural and climatic influences.

2. The character of Westpark shall favor the more cosmopolitan forms of the "Mediterranean" expression, but could include more rustic forms.

3. The objective is to establish a distinctive and consistent character in Westpark. The thematic guidelines are to be used as a reference point in the review of applications for development projects in Westpark.

4. Thematic guidelines. The purpose of this statement is to provide guidance in the review of development projects in achieving the intended character of Westpark. The elements may be used in various combinations at the discretion of the designer. While this statement describes current features that achieve the intended theme, evolution of these features or other approaches may be used which fulfill the desired thematic expression.

a. Walls.

(1) Predominantly smooth-surfaced materials, such as plaster or stucco.

(2) Light colors.

b. Roofs.

(1) Simple forms: hipped, gabled (limited flat roof areas).

(2) Clay and concrete tile, predominantly.

(3) Consistent terracotta color.

c. Details.

(1) Simple cornices, compatible with wall appearance.

(2) Integral-colored accent materials, for example, ceramic tile and brick.

(3) A limited use of woods as accent material.

(4) Decorative paving accent and highlight areas.

d. Site design.

(1) Use of terraces, plazas, arcades, colonnades and pergolas to define pedestrian areas.

(2) Clustering of units around open spaces.

(3) Separation of public and private areas.

(4) Landscaping and building integration, for example, use of planters, vines on garden walls, hedges, and treillage.

(5) A strong hierarchy of walkways.

(6) Connection of community facilities.

(7) Enhancement of the major intersections of Alton, Harvard, Main and Paseo Westpark with open space at corners and special crosswalk treatments.

e. Commercial buildings.

(1) In addition to the general thematic qualities noted above, the following are acceptable:

(a) Walls: Enhanced materials such as stone, architectural concrete.

(b) Roofs: Combination of flat and sloping roofs; materials and colors to be compatible with the community image.

(c) Details: Enhanced materials such as terracotta, bronze, ironwork, brass, and finished metals.

(2) Pedestrian circulation is strongly encouraged in association with amenities such as sculpture, planters, kiosks, benches, and covered outdoor areas.

f. Activity corridor. The objective is to establish a visually distinguished character that is compatible with the overall village theme.

(1) Residential.

(a) Vertical expression.

(b) Outdoor courtyards with paved material.

(2) Commercial/mixed-use/open space.

(a) Similar types of uses and activities to be grouped into activity centers.

(b) Formal landscape character at major district activity centers.

(c) Vertical accents.

(d) Connections to the San Diego Creek regional bike trail.

(e) Pedestrian connections to theme intersections at Alton/Paseo Westpark, Alton/Harvard and Alton/Culver.

(f) Open space vistas from Culver, Barranca, Alton Thiel, and Harvard.

(g) Attractive plazas and courtyards connected to walkways.

(h) Area bounded by Barranca, Alton, Harvard, and Peters Canyon Wash Channel emphasized as an entry point to the activity corridor.

(i) Activities in the area bounded by Barranca, Alton, Culver, and Paseo Westpark visually and functionally integrated to the extent possible.

(Code 1976, § V.E-814.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 93-7, 6-22-93; Ord. No. 94-13, § 3, 9-27-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 96-06, § 3, 3-12-96; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 03-17, § 3, 6-10-03; Ord. No. 04-03, § 3, 2-24-04; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 25-22, § 4, 9-9-25)

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LEGEND

Activity Corridor

(1) San Diego Creek:

Tall vertical evergreen; formal planting.

(2) Civic Center/District Center:

Broadleaf dense evergreen; formal planting.

(3) Activity Corridor theme tree:

Deciduous; informal planting.

(4) Barranca and Alton Parkways:

Major: Deciduous, broadleaf vertical tree.

Minor: Evergreen pine.

Informal planting.

Village

(5) Alton Parkway:

Major: Evergreen pine.

Minor: Deciduous, broadleaf vertical tree.

Informal planting.

(6) Peters Canyon Wash open space spine:

Tall vertical evergreen; informal planting, clusters.

(7) Harvard Avenue:

Tall vertical evergreen; informal planting.

(8) Main Street:

Mixed broadleaf deciduous and dense evergreens; informal planting.

(9) Thiel Avenue:

Irregular evergreen pine; informal planting.

(10) Culver Drive:

Mixed broadleaf deciduous and evergreen; informal planting and clusters.

(11) Entries and theme intersections:

Low bushy evergreen pine and tall vertical palms; formal planting.

(12) Edison right-of-way:

Treatment similar to that behind Culverdale.

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EXHIBIT 9—CIRCULATION AND INFRASTRUCTURE PLAN