Irvine Municipal Code Ch. 9-36 Planning Area 36 (irvine Business Complex)

Footnotes:

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Editor's note— Ord. No. 10-07, § 9(Exh. B), adopted July 27, 2010, amended Chapter 9-36 in its entirety to read as herein set out. Former Chapter 9-36, §§ 9-36-1—9-36-18, pertained to similar subject matter. See Code Comparative Table for history.

Please see this Chapter 9-36 for the development standards and Sections 3-37-28.1, 3-37-29, 3-37-31 and 3-37-32 to see which uses are permitted and conditionally permitted.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

(See Planning Area 36 map following Section 9-36-5.)

(Ord. No. 10-07, § 9(Exh. B), 7-27-10)

A. Planning Area 36, Irvine Business Complex, is located along the western edge of the City. Boundaries include State Route 55 (Costa Mesa Freeway) and the John Wayne/Orange County Airport to the west, former USMCAS Tustin to the north, Peters Canyon Wash, the San Diego Creek and the San Joaquin Marsh to the east, and MacArthur Boulevard and Campus Drive (Newport Beach) to the south.

B. The planning area is divided into four districts. The Multi-Use District is comprised of nearly all portions of the planning area located south of Barranca Parkway. The Residential and Mixed-Use Districts are located in several areas within the Multi-Use District boundaries. The Industrial District is comprised of all portions of the planning area north of Barranca Parkway.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10)

It is the intent of this chapter to specify regulations to maintain the development and traffic intensity at the levels analyzed in and mitigated by the final program environmental impact report for the 2010 IBC Vision Plan project and the comprehensive 2045 General Plan Update.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

GROSS SQUARE FOOTAGE*

TRIPS

*The "estimated number of gross square feet" within Planning Area 36 can adjust upward or downward based upon the mix of land uses and is not considered a development cap as is the case in other planning areas. This estimated number can be adjusted as needed by City staff as long as the resulting planning area development intensity is within the planning area development intensity value budget. Land uses may be changed to any permitted or conditionally permitted use within the corresponding zoning district, with the established development intensity values. The minimum required density is 15 du/gross acre for 2010 Vision Plan residential and residential mixed use projects. Refer to Chapter 5-9 for minimum density requirements for the Residential and Residential Mixed-Use Overlay.

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 Ordinance 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.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 12-09, § 3(Exh. A), 5-22-12; Ord. No. 15-11, 11-10-15; Ord. No. 26-01, Exh. A, 2-10-26)

[Figure]

See Division 3 and Chapter 5-9 for applicable general development requirements.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

A. Intent of this section. It is the intent of this section to define the policies used to maintain a land use and development intensity value database for monitoring and regulating the types of land uses and intensity for each property in the Irvine Business Complex.

B. The Director of Community Development shall maintain a land use and development intensity value database for the Irvine Business Complex.

1. The IBC land use and development intensity value database shall specify the quantity, in gross square footage, dwelling units and hotel rooms as defined by the Zoning Ordinance, for all existing, approved and zoned development in the planning area by legal parcel and according to the following general land use categories:

a. Office.

b. Industrial.

c. Retail.

d. Hotel.

e. Residential.

f. Zoning potential.

g. Self-storage facility.

h. Hotel, extended stay.

2. The land use and development intensity value database shall specify the corresponding a.m., p.m. and average daily development intensity values allocated for both existing and build-out conditions for each legal parcel in the planning area, which correspond to the traffic intensity levels (vehicle trips) analyzed in and mitigated by the final program environmental impact report for the 2010 IBC Vision Plan project and the comprehensive 2045 General Plan Update.

Development intensity value allocations for a.m. and p.m. represent a five-day average weekday, and may vary plus or minus 10 percent each day. These allocations shall be based upon the following trip factors:

*Dwelling unit.

**Based on the revision to the Retail Trip Generation Rate approved by City Council on March 24, 2020, all existing retail centers and DIV budgets approved under the prior retail trip generation rate are not revised automatically. Only at the time an expansion is proposed would the existing DIV budget and the proposed DIV budget needed for the expansion be analyzed (with the updated retail trip generation rate now accounted for) to determine the need for additional DIV acquisition and transfer. This process would require discretionary action, consistent with the Modification process described in Section 2-19 of the Zoning Ordinance. The "surplus" trips/DIVs that may result from this process are non-transferable and may not be converted to other land uses at the retail center. These DIVs must remain on the site but would be available for continued retail expansion.

***A.M. and P.M. trip rates apply, however Average Daily Trips (ADT) DIV budgets may be exceeded.

3. a.

The applicable general land use category for each permitted and conditional use within Planning Area 36 is specified through the use of general land use codes. These codes are included in the land use matrix of this zoning ordinance (see Section 3-3-1) and are defined as follows:

29 Office.

30 Industrial.

31 Retail.

32 Hotel.

33 Residential.

34 Zoning potential.

35 Undefined uses.

36 Uses assumed to have no traffic generation.

37 Self-storage facility.

38 Hotel, extended stay.

b. The following two codes deal with uses which require special treatment:

35 Undefined uses: Undefined uses include, but are not limited to the following: churches, community facilities, government facilities, commercial recreation, outdoor storage, commercial schools, private schools and public schools, alternative schools, accessory uses, manufactured structures, warehouse and sales outlet, domestic animal care facilities and drive-thru facilities. The general land use categories and corresponding development intensity value rates shall be based upon the City's adopted development intensity value rates as defined in the Table Inset above for the specific land uses proposed. The Directors of Public Works and Community Development shall determine which of the general land use category trip rates most closely resembles the trip generation of the proposed use, based upon the above-noted development intensity value rates, for purposes of establishing a development intensity value.

36 Uses assumed to have no traffic generation: These include parks, pushcarts and heliports for which no traffic generation shall be assumed. Several conditional and permitted uses have also been identified as potential high-traffic-generating uses. Refer to Section 9-36-11 for additional regulations concerning these uses.

4. Adjustments to database. The Director of Community Development shall regularly adjust the land use and development intensity value database to reflect the status of existing and approved development in relation to the maximum square footage, dwelling unit and development intensity allocations for the planning area. In the event the approved development case (i.e., Conditional Use Permit, Master Plan, development agreement, site design or zoning compliance) has expired, the development intensity allocation and development intensity associated with the approved development shall remain available for use on the site, subject to the terms and conditions of any required discretionary approval. If the proposed development requires a discretionary approval as identified in Division 2 of this Zoning Ordinance, that discretionary case must be approved prior to the use of the development intensity. If no discretionary case is required and the use is a "permitted use," the development of the intensity shall be subject to all applicable development standards.

Unused development intensity may be transferred to another location within the Irvine Business Complex with the approval of a transfer of development rights per Section 9-36-17.

a. If, as a result of periodic monitoring, the City finds that the allocated intensity for a particular location in the database is inconsistent with what is approved, all necessary adjustments shall be made to the database to reflect what has been documented as approved. Applicants wishing to challenge the intensity allocations for a particular site shall submit floor plans and/or other documentation acceptable to the Director of Community Development to receive credit for existing square footage which was previously approved and inspected by the City.

5. DIV Credit for existing square footage uses and intensity. In cases where an existing structure is located on the site of a proposed project, credit can be granted for the existing gross building square footage, by use, for purposes of applying the intensity to the proposed project. The procedure for granting credit is as follows:

a. The applicant shall submit a floor plan of the existing building illustrating the uses and gross square footage devoted to each use prior to the project proposal. The Community Development Department shall verify that appropriate approvals were granted for the establishment of these uses (i.e., building permits). The Department shall calculate the number of a.m., p.m., and average daily development intensity values attributable to the approved uses using the ratios specified in this Section 9-36-8.

b. Requests for credit for existing gross square footage shall be reviewed and approved by the Director of Community Development for projects which do not require a conditional use permit and by the approval authority for projects requiring a use permit. DIV Credit can only be retained by the applicant if it obtains appropriate permits from the City for any interior alterations or demolitions of buildings. Any demolition must proceed prior to the issuance of any building permits for new structures on the site, or in accordance with a phasing plan approved by the Director of Community Development.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 20-04, Exh. A, 4-28-20; Ord. No. 25-18, § 2(Exh. A), 6-24-25; Ord. No. 25-22, 9-9-25; Ord. No. 26-01, Exh. A, 2-10-26)

A. Intent. The following regulations are intended to ensure that the finite quantities of development allocated to each legal parcel in the IBC land use and development intensity value database are accurate and current and that allocated development intensity to each legal parcel is not exceeded as subsequent subdivisions occur.

B. Applicability. These regulations apply to all applications submitted for properties located in Planning Area 36 (IBC) for tentative parcel maps, tentative tract maps, lot mergers and lot line adjustments.

C. Development intensity distribution.

1. Prior to the approval of any final map, lot merger or lot line adjustment for properties located in Planning Area 36, applicants shall submit to the Director of Community Development for review and approval a document specifying the proposed distribution of development intensity for each legal parcel. The approved document shall then be recorded by the County of Orange Recorder's Office.

2. All initial intensity allocations made to a legal parcel shall be carried through to subsequent subdivisions.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

Editor's note— Ord. No. 26-01, Exh., adopted February 10, 2026, repealed § 9-36-10, which pertained to procedure for analysis of average daily development intensity value and derived from Ord. No. 10-07, § 9(Exh. B), 7-27-10.

A. Intent of this section. It is the intent and purpose of this section to assure that certain land uses which generate high levels of traffic are prevented from exceeding the levels of traffic originally analyzed in the environmental documents for Planning Area 36. These specific land uses are identified with a footnote (T) in the City-wide land use matrix (see Section 3-3-1).

B. In projects which include uses identified with a footnote (T) in the land use matrix (Section 3-3-1), a conditional use permit shall be required. In addition to the required materials listed in Section 2-9-3, the conditional use permit application shall include a traffic analysis prepared under the direction of the Director of Community Development. Assigned general land use category development intensity value rates shall be utilized for determining whether a.m./p.m. development intensity value allocations in the database are exceeded. Traffic study requirements may be waived if the project does not meet the minimum traffic generation threshold specified in the traffic study guidelines.

C. Prior to approval of an extended stay hotel project, the applicant shall submit a vehicle trip generation rate verification study. This study shall demonstrate that the individual project's trip generation rates are consistent with the IBC extended stay hotel development intensity value rates. The Planning Commission shall review and render a decision on whether the individual project's vehicle trip rates are consistent with the IBC extended stay hotel development intensity value rate prior to planning commission review of the project.

D. Findings. In addition to the findings listed in Section 2-9-7, the following findings shall be made in order to approve a conditional use permit for high-traffic-generating commercial uses:

1. Approval of the project will not result in exceeding the a.m. and p.m. development intensity value allocations established for the project site in the IBC land use and development intensity value database, subject to the findings of the traffic analysis.

2. Approval of the project will not jeopardize the ability of the City of Irvine to qualify for funding sources such as, but not limited to, the Orange County Congestion Management Program (CMP) or Measure M.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

A. Intent of this section.

1. The intent of this section is to recognize developments which were built during the period in which the Extraordinary Amenities section of the IBC Mixed-Use zoning ordinance was in place (June 30, 1982 to October 23, 1990) and which constructed amenities during that period in conformance with the ordinance.

2. As part of the database for the Irvine Business Complex, special square footage allocations shall be included to account for amenity credits for eligible locations. To apply for these allocations, applicants must obtain a conditional use permit which must be approved by the City of Irvine Planning Commission.

B. Eligibility. Limited to those properties which were built and actually constructed qualifying amenities during the period between June 30, 1982, and October 23, 1990. (See IBC database for reserved intensity for amenities.)

C. Review procedure.

1. Types of amenities allowed: Amenities such as extraordinary open space, parks, plazas, facilities for the arts, athletic facilities, and child care centers. They shall provide a benefit not only to the site, but also to the larger community. The City shall receive assurance that any structure or area proposed for credit will be used for that purpose for the life of the project receiving this credit through the provision of a document to be recorded separate from the deed.

2. The site in which the amenity area is located shall be a minimum of 10 gross acres (as recorded on the legal map) in order for the area to qualify. If the site consists of more than one parcel, then the parcels which comprise the 10-gross-acre minimum site must be linked by a comprehensive plan such as a conditional use permit, or Master Plan, approved by the Planning Commission or Zoning Administrator between June 30, 1982, and October 23, 1990.

3. For each gross square foot of amenity area provided, one gross square foot of office development may be added, up to a maximum of 2,178 gross square feet per gross acre.

4. Any open space, park, or plaza for which credit is being requested shall comply with the criteria noted below. These criteria shall not apply to areas devoted to lakes or other water elements.

a. The area must be in addition to that necessary to meet landscaping, park and setback requirements.

b. Minimum size. The area must contain a minimum of 4,000 gross square feet.

c. Sunlight patterns. The amenity area shall be able to receive direct sunlight on at least 30 percent of the surface area from 10:00 a.m. to 2:00 p.m. between the fall and spring equinox.

d. Design and landscaping. At least one major element, such as, but not limited to, artwork or water, shall be included in the amenity area. The dominant landscape elements shall be trees and turf. The amount of impervious surface should not exceed 40 percent of the amenity area unless unique design considerations are offered.

5. Approval of extraordinary amenity credit shall be granted through a conditional use permit.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10)

A. Development impact fee. Development within the Irvine Business Complex is subject to a development impact fee, pursuant to Chapter 9 of Division 7 of Title 2 of the Irvine Municipal Code.

B. Exemptions from fees. The following types of land uses shall be exempt from payment of fees:

1. Square footage within a building used to provide recreation or services exclusively to employees who work within the building. The uses shall benefit the employees, and, by providing recreation or services on-site, have the potential to reduce the number of trips employees make to other locations. Examples of such uses include cafeterias, exercise facilities, and employee credit unions. Determination of whether or not a proposed use qualifies for this exemption shall be made by the Director of Community Development. This exemption can only be granted if the property owner enters into an agreement with the City and recorded against the property, ensuring that the square footage remains in the exempt use.

2. Square footage within the principal building(s) on a site or in a separate building(s) used for resident, employee or customer parking. This exemption does not apply to areas within a building(s) used for vehicle storage.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 15-11, 11-10-15; Ord. No. 21-02, Exh. A, 2-23-21; Ord. No. 25-22, 9-9-25; Ord. No. 26-01, Exh. A, 2-10-26)

In addition to responsibility to participate in funding the areawide improvements, applicants may be required to construct local improvements and dedicate public easements if such improvements and public easements, as identified in the conditions of approval, are deemed necessary by the Director of Public Works & Sustainability and/or the Director of Community Development.

A. Review and determination process.In conjunction with applications for development proposals, the applicant may be required to provide a traffic analysis to identify any local improvements necessary to address the traffic impacts of the project. If, as a result of this analysis, the Directors of Public Works & Sustainability and/or Community Development determine that local improvements are needed, the applicant shall be required to provide these improvements as a condition of approval of the development project.

B. Payment of fees in lieu of construction of local improvements. Applicants may pay fees in lieu of construction of required local improvements subject to the approval of the Directors of Public Works & Sustainability and/or Community Development. The in-lieu fee shall be equal to the total construction cost of the required improvements.

C. Timing of compliance. Prior to the approval of final map or issuance of grading or building permits, the applicant shall submit an estimate of the total construction cost for each required improvement. The Director of Public Works & Sustainability shall verify the estimated total construction cost or shall revise the estimate. The fee paid by the applicant shall equal the cost accepted by the Director of Public Works & Sustainability.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 25-22, 9-9-25; Ord. No. 26-01, Exh. A, 2-10-26)

Applications for conditional use permits and/or master plans for residential and residential mixed use development shall demonstrate compliance with the Housing Element of the General Plan and Chapters 2-3 and 5-9 of the Irvine Zoning Ordinance. The conditional use permit and/or master plan will be conditioned to assure compliance with the Housing Element and Chapters 2-3 and 5-9 of the Irvine Zoning Ordinance.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 25-22, 9-9-25; Ord. No. 26-01, Exh. A, 2-10-26)

Editor's note— Ord. No. 26-01, Exh., adopted February 10, 2026, repealed § 9-36-17, which pertained to required participation in mitigation measures and derived from Ord. No. 10-07, § 9(Exh. B), 7-27-10.

A. Intent. It is the intent of this section to allow transfer of development rights between sites within the Irvine Business Complex. Development rights may be transferred from a sending site to a receiving site within the Irvine Business Complex subject to Planning Commission approval of a Master Plan, Condiitional Use Permit and/or any other applicable development case for the transfer of development rights (TDR), depending upon what is otherwise required, except as specified in Subsection H of this section. Approved development cases shall include conceptual project plans and other required information which describe how the intensity on the receiving site shall be used. Development intensity transferred to a receiving site through an approved TDR shall remain available for use on the project site in accordance with this section until it is used for development or transferred to another eligible site through appropriate mechanisms described in this section. All conditions of approval affiliated with a TDR approval shall continue to apply to the use of the intensity on the subject site regardless of discretionary approval expiration. If the proposed use requires a discretionary approval separate from the TDR approval, and the separate entitlement either has not been approved or has been approved but has expired, the transferred intensity may not be used unless and until the separate discretionary approval is approved. In the event the intensity is transferred to another site via a new transfer of development rights, Conditional Use Permit, Master Plan, or any other applicable development case application, any new conditions of approval shall take precedence. If review by the Planning Commission of the development case is prohibited by applicable law, the transfer of development rights shall be reviewed by the decision making authority on the application.

B. Determination of TDR eligibility. Both the sending and receiving sites shall be located within the boundaries of the Irvine Business Complex (Planning Area 36).

C. Master Plan, Conditional Use Permit, or Applicable Development Case application.

1. Applications to conduct a transfer of development rights shall include the following information for the receiving site:

a. Conceptual site plan.

b. Access plan option.

2. The application shall conceptually identify the proposed use of the total intensity for the receiving site and the adjusted a.m., p.m. and average daily development intensity value budget for both the sending and receiving sites. All three components (i.e., a.m., p.m. and average daily) of intensity must be transferred as a block of intensity.

D. Determination of development rights to be transferred.

1. The Master Plan, Conditional Use Permit, or applicable development case application is required to facilitate review of the conceptual site plan for the receiving site. As such, the materials required for a TDR development case shall conceptually identify the approximate locations and configurations of development and potential access points on the receiving site as well as the corresponding distribution of intensity by legal parcel: a.m., p.m. and average daily development intensity values, gross square feet of building area, by use; dwelling units; and hotel rooms.

2. The application shall also identify the intensity to be transferred from the sending site to the receiving site.

3. The sending site shall retain sufficient a.m. and p.m. and average daily development intensity values to achieve 0.125 floor area ratio (FAR) office equivalency on the site.

4. The City shall have the discretion to permit an applicant to transfer development intensity values in excess of those which would result in the sending parcel being developed at less than a 0.125 FAR office equivalency. In such case, the applicant shall have the option of either (1) providing an irrevocable offer of dedication of the parcel to the City for public purposes or (2) demonstrating that a viable project exists which will reasonably function with less than 0.125 FAR of office equivalency. Such offer or demonstration shall occur prior to the issuance of building permits.

E. Transfer of development rights fee. A fee shall be charged for the transfer of development rights payable prior to the issuance of building permits for the receiving site.

1. Fee rate. Transfer of development rights fees shall be charged as established by resolution through the City Council.

2. Fee calculation. Development intensity value fee × Transferred p.m. development intensity values = Total TDR fee.

F. Findings. The following finding shall be made in order to approve a transfer of development rights development case (Master Plan, Conditional Use Permit, or applicable development case application). This finding is in addition to the findings required in Division 2 (including but not limited to Chapter 2-9 and Chapter 2-17) of this ordinance.

1. The project shall not adversely affect City infrastructure and services.

G. IBC database adjustments. A site which transfers development intensity values ("sending site") shall retain sufficient a.m., p.m., and average daily development intensity values to achieve 0.125 floor area ratio (FAR) office equivalency on the site, except as provided below:

1. The following requirements apply to all Master Plan, Conditional Use Permit, or any applicable development case applications for transfers of development rights:

a. Prior to submittal of applications for building permits for either the sending or receiving site, the applicant shall submit an instrument prepared to the satisfaction of the Director of Community Development and the City Attorney executing a transfer of development rights agreement between the receiving and sending site(s). The following information shall be included in the agreement:

(1) The amount of a.m., p.m., and average daily development intensity values transferred values;

(2) The remaining amount of a.m., p.m., and average daily development intensity values, including gross square feet of building area, for each site.

b. Prior to issuance of building permits for either the sending or receiving site, the agreement between the sending and receiving site as described above shall be recorded in the Office of the Orange County Recorder.

H. Transfers of development intensity values for permitted land uses between parcels located within the same Traffic Analysis Zones (TAZs as defined in the 2010 IBC Vision Plan and Overlay Zoning Ordinance EIR) may be approved by the Director of Community Development, or referred to the Planning Commission for review and approval of a CUP, Master Plan, or other entitlement, in the Community Development Director's discretion. Such transfers may also be permitted between adjacent zones if a direct physical relationship between sites in adjacent TAZs can be demonstrated to the satisfaction of the Director of Community Development. Such transfers shall also be exempt from TDR fee requirements. All other TDR provisions of this section shall apply.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

A. Intent. This section provides a procedure for analysis of development intensity and vehicle trip capture rates for mixed-use projects locating within the 5.0 IBC Mixed-Use and 5.1 IBC Multi-Use Zoning Districts.

B. Applicability. This section applies only to development applications for mixed-use projects that propose to locate within the 5.0 IBC Mixed-Use and 5.1 IBC Multi-Use Zoning Districts and formally request a development intensity and vehicle trip capture.

C. Traffic study.

1. A traffic study shall be required for development applications proposing to utilize trip capture for a parcel within the 5.0 IBC Mixed-Use Zoning District. The most recent ITE formulas and methodologies, as determined by the Directors of Public Works and Community Development, shall be used for calculating the appropriate development intensity and vehicle trip capture rates.

2. The traffic study shall be reviewed and findings shall be made and approved by the Directors of Public Works and Community Development.

D. Findings. The following findings must be made in order to approve an on-site trip capture rate for a mixed-use project located within the 5.0 IBC Mixed-Use and 5.1 IBC Multi-Use Zoning Districts:

1. Approval of the project will not result in exceeding the a.m. and p.m. development intensity value identified in the IBC database. The trip capture rate may be used only if the traffic analysis has identified no impacts, or if impacts have been identified, demonstrate mitigation measures that show the circulation system has the capacity to accommodate the project.

2. Approval of the project will not jeopardize the ability of the City of Irvine to qualify for funding sources, including, but not limited to, the Orange County Congestion Management Program (CMP).

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

1. Applicants for new developments in the Irvine Business Complex shall require that the construction contractor provide alternative transportation mode incentives, such as bus passes, and/or carpooling for workers to and from the worksite on days that construction activities require 200 or more workers. These requirements shall be noted on the grading plan cover sheet.

2. Applicants for new developments in the Irvine Business Complex shall submit evidence to the satisfaction of the Director of Community Development or Director of Public Works that the project uses recycled materials for at least 20 percent of construction materials. Recycled materials may include salvaged, reused, and recycled content materials. Recycled and/or salvaged building materials shall be shown on building plans and product cut sheets submitted to the City.

3. Applicants for new developments in the Irvine Business Complex shall require that the construction contractor utilize off-road construction equipment that conforms to Tier 3 of the United States Environmental Protection Agency, or higher emissions standards for construction equipment over 50 horsepower that are commercially available. The construction contractor shall be made aware of this requirement prior to the start of construction activities.

4. Applicants for new developments in the Irvine Business Complex shall submit evidence to the satisfaction of the Director of Community Development that toilets, urinals, sinks, showers, and other water fixtures installed on-site are ultra-low-flow water fixtures that exceed the California Plumbing Code. Such examples include: 1.28 average gallon/flush high efficiency toilets; 2 GMP efficient bathroom faucets, 2.2 GPM efficient kitchen faucets, and 2.2 GPM efficient shower heads.

5. Applicants for new developments in the Irvine Business Complex shall submit evidence to the satisfaction of the Director of Community Development that landscaping irrigation systems installed on the project are automated, high-efficient irrigation systems that reduce water use, such as an evapotranspiration (ET) "smart" weather-based irrigation controller, dual piping, bubbler irrigation; low-angle, low-flow spray heads; moisture sensors, and use of a California Friendly Landscape Palette. These features will make the project consistent with the intent of California Water Conservation in Landscaping Act of 2006 (AB 1881), including provisions to reduce the wasteful, uneconomic, inefficient, and unnecessary consumption of water.

6. Reclaimed water shall be used on all master landscaped areas: This will include master landscapes commercial, multifamily, common, roadways, and park areas. The use of reclaimed water directly offsets potable water demand and reduces the GHG emissions associated with irrigation by approximately 70 percent. Master landscapes will also incorporate weather-based ET controllers and efficient irrigation system design to reduce over watering combined with the application of a California Friendly Landscape Palette.

7. On-site recycling facilities shall be provided on all new developments as required by the Director of Public Works.

8. Applicants for new nonresidential developments in the Irvine Business Complex shall submit evidence to the satisfaction of the Director of Community Development that proposed buildings are designed and constructed to achieve the 'Designed to Earn the Energy Star' rating. In order achieve the 'Designed to Earn the Energy Star' rating, the architect/design firm must demonstrate that the final estimate of the building's energy use correspond to a rating of 75 or better using the US EPA's Energy Performance Rating from the Internet based tool Target Finder.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

This section allows for the formation of a Transportation Management Association (TMA) within the Irvine Business Complex, the structure and operation of which shall be determined by the Director of Public Works. The objectives of the TMA shall include, but not be limited to, the following:

1. Monitor travel demand at employment sites and provide reports on trip generation to the City of Irvine.

2. Offer employees and property owners assistance with transportation services on a voluntary basis.

3. Deliver transportation services to commuters, such as ride matching, transit and Metrolink information.

4. Represent the IBC in local transportation matters.

5. Oversee and fund the implementation and expansion of the i-shuttle system.

(Ord. No. 10-07, § 9(Exh. B), 7-27-10)

Editor's note— Ord. No. 26-01, Exh., adopted February 10, 2026, repealed § 9-36-22, which pertained to heliports and derived from Ord. No. 10-07, § 9(Exh. B), 7-27-10.

Editor's note— Ord. No. 26-01, Exh., adopted February 10, 2026, repealed § 9-36-23, which pertained to accessory retail and derived from Ord. No. 10-07, § 9(Exh. B), 7-27-10.

A. Intent. This section provides design criteria to guide the physical development of any residential or residential mixed use project that contains a component of residential use located within the boundaries of the Irvine Business Complex.

B. Applicability. This section applies to new residential and residential mixed use projects in all areas within the Irvine Business Complex.

C. Consistency. The criteria in this section is intended to define standards established for residential and residential mixed use projects within the Irvine Business Complex. Should the criteria be found in conflict with regulatory codes, building codes and/or other statutes pertaining to construction within the Irvine Business Complex, those codes and statutes should supersede.

D. Design criteria.

1. Limitations on the location of residential and residential mixed use development within the Irvine Business Complex.

a. Required street frontage. In order to provide adequate emergency and public access, all proposed development sites shall have a minimum frontage of 100 feet along a public or private street.

b. Distance from freeways. All outdoor public recreational areas shall be located more than 500 feet from the nearest lane of traffic on the Interstate 405, unless adequate building screening can be provided.

2. Bus stops. Bus stops shall be located and designed in accordance with the Orange County Transportation Authority (OCTA) Bus Stop Safety and Design Guidelines, i-Shuttle routes, and in consultation with City and OCTA staff. Applicants shall be required to install bus turnouts, shelters, and related amenities, or pay an in-lieu fee to the City, as determined by the Director of Public Works.

3. Setbacks. Every building or structure built under the provisions of these criteria shall provide setbacks as follows:

Setbacks abutting public rights-of-way and private streets.

a. Minimum setback. All properties shall have a minimum setback for the full width of the property as indicated in Table 1 below. Setbacks shall be measured from the ultimate curb face location.

[Figure]

Table 1: Setbacks

4. Required improvement within setbacks. Setbacks abutting public rights-of-way, private streets, private service streets, and private ways shall be improved and maintained as noted below:

a. For projects that front streets identified in Table 1, as well as newly constructed public and private streets, the portion of the setback adjacent to the right-of-way shall be improved with a parkway and sidewalk consistent with dimensions identified in this Section. On public streets, a private property easement for the sidewalk should be provided to the City.

b. Setback areas shall be fully landscaped with turf or groundcover, trees, shrubs or other plants, and/or decorated paving and walking surfaces.

c. Setback areas shall be permanently maintained in a neat and orderly manner by the property owner, homeowners association, or maintenance district.

5. Acceleration and right turn lanes. Required setbacks from the curb shall be maintained where right turn lanes, acceleration lanes or deceleration lanes and bus turn outs are required, except in the following condition:

a. A full or partial height building mass may be extended out to the setback line consistent with the ultimate curb face of the nearby through lane if located on the corner or if deceleration lane is required on a non-corner property, and not exceeding 30% of the length of the increased setback. The extended building mass must represent a corner architectural elevation and form unique to the block and designed to accentuate the arterial corner location, unless the building is not located on the corner of two public streets.

6. Permitted encroachments within street setbacks. Setbacks abutting public rights-of-way, private streets, private service streets, and private ways may include the following encroachments, in addition to those outlined in Section 3-27 of the Zoning Ordinance:

a. Stoops and balconies may encroach not more than five (5) feet into the required setback.

b. Patios and courtyards may encroach not more than five (5) feet into the required setback.

c. Ramps for disabled access.

d. Outdoor seating and dining areas in conjunction with full-service restaurants and food retailers i.e. coffee shops, ice cream shops, sandwich shops, outdoor vending, and pushcarts provided that such areas shall be designed to not adversely affect safe and efficient pedestrian circulation, subject to review and approval by the Director of Community Development.

e. Public art displays, fountains, ponds, planters, outdoor seating areas, benches, decorative trash receptacles, way finding signs, planters, public plazas, or other similar amenities and attractive street furnishings that create public gathering places, as permitted by existing regulations.

f. Awnings, canopies, galleries, and arcades.

g. Signs, as permitted via Division 7 of the Zoning Ordinance.

7. Permitted encroachments within public rights-of-ways. All permitted right-of-way encroachments shall maintain a four (4) foot clear path of travel.

a. Encroachments as permitted in Chapter 3-32 of the Zoning Ordinance.

b. Ramps for disabled access.

c. Improvements for bus transit and shuttle stops.

d. Outdoor seating and dining areas in conjunction with full-service restaurants and food retailers i.e. coffee shops, ice cream shops, sandwich shops, outdoor vending, and pushcarts provided that such areas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehicular traffic, subject to review and approval by the Director of Community Development and Director of Public Works.

e. Signs as permitted in Zoning Ordinance Division 7.

8. Special parking requirements.

a. Credit for on-street parking. Residential visitor parking required by the Zoning Ordinance may be located on new streets created by the residential and/or residential mixed use development.

b. Parking location. The location of spaces for residential uses shall be provided in accordance with Chapter 4-3 of the Zoning Ordinance, except that the location of visitor parking may not exceed 500 feet from the primary entrance to the residence.

9. Park and recreation criteria.

a. Purpose. This section identifies the range of park types and alternative park design standards for parks to be developed in the Irvine Business Complex.

b. Allowable open space types and requirements. The following urban open space types are eligible to receive private neighborhood park credit:

i. Community Building. A building, where the community can meet and have social interaction with other residents. Typically community buildings act as a focal point within the development, located adjacent to important streets.

Size: Minimum 750 square feet

ii. Courtyard. The smallest of park types, the ungated courtyard is intended to satisfy passive park needs between streetscapes at the corners of development, within projects or between developments, to create areas of urban recreational space within the neighborhood.

Size: Minimum 6,000 square feet (0.137-acre)

iii. Private Recreational Area. A recreational area with recreational facilities to meet the needs of the residents within the site.

Size: Minimum 6,000 square feet (0.137-acre)

iv. Roof Garden. A private garden or urban space on top of the roof or upper floors of a building or a parking structure, which provides usable outdoor space in an urban setting. The size of the structure restricts the size and form of the space.

Size: Minimum 6,000 square feet (0.137-acre)

v. Neighborhood Park. A public or private park situated between or at the center of neighborhoods that accommodates various recreational needs, such as a neighborhood gathering space, open turf, tennis or basketball courts, picnic area, dog parks, play equipment, but excludes large muscle sport facilities.

Size: Minimum 0.5 acre with a minimum dimension of 100 feet.

vi. Urban Plaza/Square. A public urban space, typically located adjacent to streets, or as focal points. Buildings should define edges.

Size: 0.25 to 0.75 acre

c. Parking. No parking is required for private parks in Planning Area 36.

(Ord. No. 26-01, Exh. A, 2-10-26)