Irvine Municipal Code Ch. 9-38 Planning Area 38 (westpark II)

Footnotes:

--- (15) ---

Note— Planning Area 38 is covered by Vesting Tentative Tract Map No. 23465. Please see Chapter 9-38 of this ordinance and the zoning ordinance in effect at the time the tract map was approved, May 7, 1991.

(See Planning Area 38 map following Section 9-38-2.)

(Code 1976, § V.E-838; Ord. No. 93-8, § 5, 6-22-93; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-02, § 5, 1-11-05; Ord. No. 05-03, § 4, 1-11-05

Notes to Section 9-38-2:

*Zone change for Lots 19 and 20 from 2.5 to 2.4.

**All reserve land use categories shall be limited to the permitted land uses in the Exclusive Agriculture category, until the rezoning of those areas.

***Zoning land use reserve designations are conceptual, and correspond to the General Plan land use element diagram. Additionally, the land use reserve building intensity standards are correlated to the General Plan land use element building intensity standards.

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-838.1; Ord. No. 93-8, § 5, 6-22-93; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 05-02, § 5, 1-11-05; Ord. No. 10-04, § 3, 4-13-10; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

[Figure]

Below is a summary of the permitted and conditional uses allowed in this planning area. Additional land use regulations are located in Division 3. (Note: Any amendments to this section also require amendments to Division 3.)

LAND USE MATRIX

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

Notes:

(1) Interim use.

(2) Agricultural products only.

(3) Community park: P.

(4) Only in public parks.

(5) See Chapter 3-26 for specific accessory dwelling unit requirements.

(6) As determined by the City of Irvine, a traffic analysis shall be submitted to determine if on-site and off-site improvements must be made conditions of the project's discretionary approval.

(7) Use is permitted by right when less than 175,000 square feet of the building's gross square footage is used for warehouse purposes. A traffic study shall be required for this use, and it shall be required for this use, and it shall identify specific on-site and off-site circulation improvements necessary to mitigate the impacts of the projected future development, which shall be implemented prior to and concurrent with the project's construction. In the event identified circulation improvements are not timely constructed, permits required for the project may be withheld and/or a project may be subject to code enforcement or other legal action.

(8) Use requires an administrative use permit when 175,001 to 225,000 square feet of the building's gross square footage is used for warehouse purposes and a conditional use permit when equal to or more than 225,001 square feet of the building's gross square footage is used for warehouse purposes.

(9) A private school for adults (18 years and older) that proposes to locate in an existing permanent building and meets all the general development standards will require an administrative use permit (AUP).

(10) An alternative school that proposes to locate in an existing permanent building and meets all the general development standards will require an administrative use permit (AUP).

(Code 1976, § V.E-838.2; Ord. No. 93-8, § 5, 6-22-93; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 05-02, § 5, 1-11-05; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 25-18, § 2(Exh. A), 6-24-25; Ord. No. 25-22, 9-9-25)

Below is a summary of the development standards applicable to this planning area. Additional standards are located in Division 3. (Note: Any amendments to this section also require amendments to Division 3.)

DEVELOPMENT STANDARDS

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

Notes:

(1) Architectural features may be permitted to exceed maximum building heights.

(2) May be increased if required for sound attenuation. Setbacks for City streets and private drives will be measured from curb face.

(3) Property line/wall setbacks from the east curb face of Harvard Avenue shall be a minimum of 75 feet.

(4) Building/wall setbacks from the curb face of Paseo Westpark shall be a minimum of 35 feet with a 50-foot average building setback.

(5) Ten feet minimum, 20 feet average.

(6) Ten feet minimum, 15 feet average.

(7) Subject to Building Code requirement.

(8) Ten feet plus two feet for every five feet in height over 30 feet.

(9) See special development requirements, Section 9-38-5.A.1.h and i.

(10) For church uses, building height standards for the Medium-High Density Residential category shall apply.

(11) Minimum site landscaping shall apply to the residential, cluster use and may include sidewalks and paseo/bikeway paths within project area.

(12) Section 3-27-10, Garage and Carport Setback Requirements, from private drives shall apply to projects west of Harvard Avenue.

(Code 1976, § V.E-838.3; Ord. No. 93-8, § 5, 6-22-93; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 05-02, § 5, 1-11-05)

A. Land use.

1. Residential.

a. Prior to the approval of the first tentative tract map, the applicant shall submit an affordable housing program to be approved by the Planning Commission. For the area west of Harvard Avenue, the affordable housing program shall comply with Section 2-3 of the Zoning Code. For the remainder of PA 38, the program shall comply with the following requirements:

(1) Term of program. The program will commence on the date it is approved by the Planning Commission and shall be administered until the full build-out of Planning Area 38, except that the program shall be in effect for the term of affordability of the housing provided.

(2) Tier I: Income Level II.

(a) The applicant shall provide 10 percent of all dwelling units constructed by the project as newly constructed on-site dwelling units affordable to households earning up to 50 percent of the Orange County median income ("Income II units"). The City shall make processing and 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. 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 fee 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 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 Level II dwelling units. For the purposes of this mechanism, the land to be used would be zoned Medium Density or Medium-High Density Residential within Planning Area 38. The applicant shall then sell land to the City at a price which is discounted in an amount equal to the "amount of subsidy."

(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 or greater than 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 Level III units. The applicant shall construct 10 percent of the total number of units to be constructed by the project as new dwelling units affordable to households earning between 50 and 80 percent of the Orange County median income (Income Level III units); or

2. Conversion of existing market rate units. Convert off-site market rate units to Income Level III affordable units in a number equal to one-half of this Tier I requirement with the other one-half to be satisfied per Subsection 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 impact on existing neighborhoods and be approved by the Planning Commission before the approval of any tentative tract map.

(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 Level II and Income Level III units. The relative number of Income Level II and Income Level III units shall be determined in the following manner:

1. The number of Income Level II units to be constructed shall be determined by dividing the "amount of subsidy" into the total amount of financial incentives the applicant will receive for Tier I.

2. The balance of the Tier I units the applicant is required to provide shall be satisfied by either the construction of Income Level III units or the conversion of off-site existing market rate rental units to rental units affordable to Income Level III households in a number equal to one-half of this Tier I requirement. (See example, 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 by the Planning Commission before the approval of any tentative tract map.

(3) Tier II: Income Levels I and II.

(a) The applicant shall have the option of providing financial/technical assistance and/or making land available (reservation of land) which is zoned for medium density or Medium-High Density Residential development to allow the City, a nonprofit builder, or a combination thereof, which may also include the applicant, to provide 1.5 percent of all dwelling units built in this project as newly constructed units affordable to households earning up to 50 percent of the County median income, and for the purpose of constructing one percent of all dwelling units built in this project which are affordable to households earning up to 30 percent of the County median income. The land will be reserved for a defined period of time, as determined in the affordable housing program, for acquisition at fair market value based on the density range of residential development approvals provided by zoning. This reservation shall be 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.

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

(c) As an alternative to reserving land for a defined period of time, the 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 Level III.

(a) The applicant shall develop and implement a monitoring process through build-out of the project which would generate a report on a semiannual basis. This report would permit the City to evaluate the extent to which the project is providing 12.5 percent of all newly constructed units which are affordable to households earning up to 80 percent of the County median income. If the reporting requirement shows that the project is producing the 12.5 percent of all newly constructed units at up to 80 percent of the County median income, the applicant has no other requirements under this Tier III.

(b) In the event that the report reflects that the housing units built in this project do not meet the affordability criteria of this Tier III, the applicant agrees to establish, through negotiations, specific affordability requirements for this Tier III consistent with the Housing Element goal of 12.5 percent at Income Level III and consistent with Subsection (5)(j) below. The City shall provide processing incentives and 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 Level III and market rate units with the number of Income Level III units to be maintained and 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, 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" at the discretion of the City Council, 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 governmental monetary assistance to the project 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 (CDBG) funds, linkage fees, housing trust fund monies, and tax increment financing if such incentives are made available by the City Council.

(b) The phrase "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's project cannot receive financial incentives as a result of the applicant's failure to provide the requisite quality or quantity of affordable housing to qualify for financial incentives. 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 as discussed on pages 7—18 of the "City of Irvine, The Economics of Affordable Housing Development" report as may be updated by the City Council from time to time (the "amount of subsidy"). 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. By way of example only, to calculate the amount of the subsidy, assume that the applicant shall construct 500 units as a result of the project. Because the applicant is required to construct five percent Income Level II units, the applicant shall have an obligation to construct 25 Income Level II 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 10 Income Level II units ($10,000 (amount of subsidy) divided into $100,000 (financial incentives obtained) equals 10 (number of Income II units required)). As a result, the applicant shall have an obligation to either construct the remaining 15 units as new Income Level II or III units or convert 15 off-site market rate units to rental units affordable to Income Level II or III households.

(d) "Processing incentives" are any other 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 cost 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 and conversion of 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.

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

(h) At least 10 percent of all affordable units produced or converted 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 apartment units within an apartment project whether produced on or off the project 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 or voucher.

(l) Construction of 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 program.

(m) The applicant shall be responsible for coordinating with the City in implementing this program on its own behalf and on behalf of its merchant builder.

(n) 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 38 with respect to this requirement of zoning, notwithstanding the approval of any vesting subdivision map or development agreement.

(o) "Project" shall mean the Planning Area 38 zone change (87-ZC-0123) and the dwelling units to be built thereunder.

b. The affordable housing units required will feature architectural design and building materials similar to and compatible with the surrounding homes and other development.

c. Prior to the issuance of the first building permit in Planning Area 38, a program to encourage employees working within the Irvine Business Complex and other Irvine employment centers to reside in this planning area shall be submitted for review and approval by the Director of Community Development.

d. (1) In addition to the affordable units required by Subsection A.1.a of this section, the 284 housing units required as part of the Planning Area 34 approval shall be developed in Planning Area 38. These 284 housing units will be for sale or rent in a price range affordable to a family of four with incomes below 60 percent of the HUD County median income. At least 10 percent (28) of these units will be three-bedroom units and at least 40 percent (114) will be two-bedroom units. The applicant shall utilize HUD income criteria for adjustments for smaller and larger families. Monthly rental rates shall be restricted so as not to exceed 30 percent of the gross household income for rent.

(2) Ownership units shall have a 10 percent maximum down payment and a sales price not to exceed three times the annual gross household income. The units shall remain affordable to households with incomes at 60 percent and below of the HUD County median income for at least 30 years.

(3) The units will feature square footage, architectural design and building materials similar to and compatible with the surrounding homes and other development.

(4) During the initial rental or sale of these units, the applicant will encourage employees working within Village 34 and other Irvine employment centers to reside in the new village. Details of the program will be submitted to the City prior to approval of any subdivision in the new village. Concurrent with the submittal of the master tentative tract map, the applicant shall prepare a map which indicates the location and distribution of the 284 units which will be made available at the required income ranges when required by this condition.

(5) In preparation of this map, the low-cost housing sites will be distributed to prevent undue concentration of low-cost housing in any one location.

(6) Up to a total of 7,105,440 gross square feet of construction, as measured by the issuance of building permits, shall be allowed in Village 34 prior to compliance with this condition.

(7) If compliance with this condition has not been met at this time, no additional development will be allowed in Village 34.

(8) The City and The Irvine Company will cooperate in seeking governmental assistance or other alternatives to provide the 284 units.

e. The development at the northwest corner of Culver Drive and Barranca Parkway shall be zoned Medium-High Density Residential to provide a "gate post," as indicated in the Irvine activity corridor urban design study.

f. Reserved.

g. In conjunction with the submittal of conditional use permits for individual residential single-family developments, the applicant shall submit, for review and approval by the Planning Commission, a street tree program designed to achieve an attractive street scene in each development. The design shall consider the following:

(1) Trees planted in the front yards of homes. Consideration shall be given to design which takes advantage of and complements the variable setback requirement in areas zoned Low-Medium Density Residential.

(2) Trees planted in areas adjacent to the local streets, such as in a landscape parkway.

(3) Long-term maintenance and replacement program for damaged trees and trees required to be removed for other reasons.

h. In conjunction with the submittal of an application for the master tentative tract map for Planning Area 38, 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 shall be based upon the typical annual mean load (medium 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.

i. 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 on residential magnetic field levels. The study shall include a compilation of the current research for the average typical exposure of residential magnetic field 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 Planning Area 38 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 A.1.h 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.

j. Prior to the issuance of any grading or building permits for development within Planning Area 38, screening shall be provided at the curbline along the Culver Drive, Barranca Parkway, Harvard Avenue and Irvine Center Drive planning area edges. The screening provided shall be in the form of a temporary opaque fencing. The temporary screening may be modified as necessary to accommodate infrastructure improvements, but shall remain until the ultimate edge improvements are installed in accordance with the master wall, streetscapes and park plan approved for the planning area. In any case, the permanent planning area theme wall along Culver Drive shall be approved and constructed prior to the issuance of any certificates of use and occupancy for any development within Planning Area 38.

k. Prior to the approval of any development application for residential uses, the applicant shall demonstrate how the project will be participating in a waste management program which includes, but is not limited to, the following:

(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. An implementation schedule shall be submitted identifying that the proposed recycling program will commence upon initiation of regular solid waste refuse collection.

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

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

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

B. Public and private facilities.

1. Open space.

a. The north/south open space spine will occur on the east side of Harvard Avenue, between Barranca Parkway and Irvine Center Drive. The open space spine shall consist of 75 feet measured from the east curb of Harvard Avenue.

b. Concurrent with the recordation of the first final map within Planning Area 38, an irrevocable offer of conveyance for the Peters Canyon Wash open space spine, located on the east side of Harvard Avenue from Barranca Parkway to Irvine Center Drive, shall be recorded. The offer shall provide that it may be accepted no sooner than 90 days following issuance of building permits for 75 percent of the development for Planning Area 38 or completion of development in Planning Area 38, whichever occurs first.

c. Development of the open space spine will be in conformance with Exhibit 5, cross section 5B or 5C.

d. Concurrent with the recordation of the first final map for Planning Area 38, the landowner shall implement a program allowing public access over the existing haul road at the northern extension of the proposed Jeffrey Open Space Spine consistent with the criteria specified in Attachment F (Haul Road Access Terms and Conditions) of the memorandum of understanding between the City of Irvine and The Irvine Company on September 26, 1988.

2. Parks.

a. The park program will be consistent with the parks and recreation element of the City of Irvine General Plan and the Local Park Code.

b. The conceptual location of neighborhood parks is indicated on Exhibit 4. The exact number of parks, locations, configurations, sizes and total acreage requirements will be determined through the master tentative tract map, walls, streetscapes and park plans, and park modification approvals.

c. Neighborhood park requirements shall be met by the dedication and improvement of at least five parks, both public and private, and the provision of an additional number of smaller private parks of at least 0.3 acre in size.

d. Each small private park shall be located within the neighborhood it serves and shall be provided with convenient pedestrian access from the residential units within the neighborhood. For the neighborhood west of Harvard Avenue, formerly known as Marble Mountain and Moffett Meadows, a reciprocal access agreement shall be included in the CC&Rs to allow residents in the Irvine portion of the project to access the private recreation facilities within the project that are located on the north side of Warner Avenue in the City of Tustin. The developer shall submit CC&Rs for review and approval by the City of Irvine Community Development Director prior to recordation of the first final map.

e. Community park dedication requirements for this planning area have been satisfied by the dedication of parkland at the confluence of the San Diego Creek and Peters Canyon Wash.

f. Prior to approval of the wall, streetscapes and parks plans for the neighborhood parks, it shall be demonstrated that the parks are designed to serve the adjacent residential areas and shall be oriented accordingly. Contribution of aesthetic qualities to streets shall be secondary to the relationship to the population each park serves.

g. The walls, streetscape and park plans for the public and private neighborhood parks shall, where feasible, include the use of larger trees and a wide variety of trees.

h. In conjunction with the submittal of a conditional use permit, or Master Plan application for individual residential developments, particular attention shall be given to those residential units that are located directly adjacent to the park sites. The design of these units should consider, but not be limited to the following:

(1) Orientation of the units towards the park, to take advantage of the view and open space opportunities presented.

(2) Where possible, both visual and physical access to the parks shall be provided. Visual access shall be encouraged through the use of creative wall and fence designs. Wall and fence designs shall utilize a combination of materials to preserve a reasonable degree of security, while optimizing the view of the park.

i. The Community park dedication requirement for the development west of Harvard will be satisfied by the dedication of park land and/or construction of park improvements, or in-lieu fees, consistent with the subdivision ordinance and park and recreation element.

j. The conceptual location of one public neighborhood park for the area west of Harvard Avenue is shown on Exhibit 4. Private neighborhood parks will also be provided west of Harvard Avenue in order to meet City requirements. A park plan for Planning Area 38 west of Harvard Avenue shall be submitted to the Director of Community and Library Services concurrently with the first tentative tract map for any residential portion of Planning Area 38. The exact number, precise location, configuration and size of local neighborhood parks and the distribution of public and private parks will be established at the time of approval of the first tentative tract map for residential portions of Planning Area 38 in accordance with the park and recreation element and subdivision ordinance. The park plan may include the recommendation for lighting future athletic courts at the adjacent school site

3. Schools.

a. Prior to approval of the master tentative tract map for Planning Area 38, two elementary school sites shall be reserved in Planning Area 38 for development by the Irvine Unified School District. The exact location, configurations, sizes, and total acreage of the schools will be identified through review of the master tentative tract map. In addition, a school site is identified at the northwest corner of Barranca Parkway and Harvard Avenue. In the event that the Irvine Unified School District Board determines that those sites reserved for schools are not needed, or are deemed inappropriate for such development, then those sites may be developed in accordance with the underlying zoning of the property. However, approval of such development shall not occur without a written letter of agreement from the Irvine Unified School District Board indicating that the site(s) are no longer needed for school development and are therefore released by the district.

b. Reserved.

c. Prior to approval of the master tentative tract map for Planning Area 38, consideration shall be given to the following when locating future school sites:

(1) Elementary school facilities shall be centralized within the residential areas where feasible.

(2) Elementary schools shall be located on local streets and/or local collectors so as not to require the crossing of highly traveled streets.

(3) Safe pedestrian and bicycle access to school sites shall be maximized.

(4) Where feasible, elementary schools shall be located adjacent to public parks.

4. Child care.

a. The need for child care facilities shall be recognized in the development of Planning Area 38. Based upon 4,270 units and the ultimate projected population for the portion of PA 38 east of Harvard Avenue, the City has identified a goal of providing slots for a minimum of 341 children in child care centers.

b. Reserved.

c. In reviewing child care development applications, specific consideration shall be given to the compatibility of child care with adjacent uses. Child care centers are especially compatible with certain land uses based upon access, convenience, and environmental factors. Development of child care centers in conjunction with the proposed elementary schools and the neighborhood parks, and within residential complexes, shall be encouraged in Planning Area 38.

d. In locating child care centers, the proposed sites shall be evaluated in regards to factors that might be detrimental to the public health, safety, or welfare, including, but not limited to, proximity to high-traffic-volume roadways, hazardous materials, major industrial pollutants, electric power lines, and major generators of traffic.

e. The exact locations, configurations, and size requirements of the sites designated for child care shall be determined through the master tentative tract map approval. The applicant for the master tentative tract map shall work with the City's Child Care Committee to ensure that the parcels reserved for child care are of adequate size to achieve the City's desired goal, including spaces for infants, adequate parking, and an overall high quality of facilities. The size of parcels reserved for child care shall be a minimum of 1.5 acres unless the applicant can demonstrate to the satisfaction of the Directors of Community Development and Community and Library Services that the smaller parcels are adequate to provide care for the desired number of children.

f. In conjunction with the submittal of an application for the master tentative tract map for Planning Area 38, the applicant shall submit to the City for review, and obtain approval of, the appropriate language pertaining to "deed restrictions" imposed on parcels of land reserved for child care use within Planning Area 38.

5. Eucalyptus.

a. The existing windbreaks in Planning Area 38 shall be preserved. Prior to the approval of the master tentative map for Planning Area 38, the applicant shall submit and the Director of Community Development shall approve a plan which demonstrates the following:

(1) Northerly tree row. The northerly windbreak between Warner Avenue and Paseo Westpark shall be preserved and incorporated into a neighborhood park. The eucalyptus tree row between Paseo Westpark and Harvard Avenue shall be preserved and incorporated into a primary paseo.

(2) Southerly tree row. The southerly windbreak shall be incorporated into the design of a neighborhood park. The remainder of the eucalyptus trees shall be incorporated into the site plan of the adjacent parcel, unless the applicant can demonstrate appropriateness of deletion of the trees. Any request for deletion shall be subject to Planning Commission review and approval.

(3) All existing trees shall be plotted on the master tentative tract map for Planning Area 38. Those trees requiring removal as part of the mass grading, or infrastructure improvement, or for any other reason, shall be identified as such. Any trees that require removal shall be replaced in the same location and configuration as the original windbreak with new Eucalyptus rudis.

(4) In those areas where trees have been felled and stumps remain, the stumps shall be removed and replacement eucalyptus trees shall be planted to provide a continuous row of trees.

The approved plans shall be utilized as a planning tool for all subsequent developments within Planning Area 38.

6. Fire station.

a. Prior to recordation of a final map, the applicant shall enter into an agreement with the County of Orange and the City of Irvine regarding the capital improvement funding to equip a fire station located on City property south of Barranca Parkway, west of Harvard, known as the "triangle piece" in Planning Area 14. This agreement shall include the applicant's participation on a fair share basis in the construction of the station and the purchase of apparatus necessary to equip the station.

C. Circulation.

1. Streets.

a. The major public street components related to development of this area include: Culver Drive and Irvine Center Drive as thruways, Barranca Parkway, Warner Avenue and Harvard Avenue as parkways, and Paseo Westpark and Hearthstone as local streets, as shown in Exhibit 1. All future development proposals shall be evaluated for consistency with the cross sections for the major streets as depicted in Exhibits 5A through 5L.

b. No direct residential driveway access shall be provided onto Culver Drive, Barranca Parkway, Harvard Avenue, Irvine Center Drive, Warner, Paseo Westpark or Hearthstone.

c. Reserved.

d. Reserved.

e. Paseo Westpark will be developed as the community theme street featuring an average building setback of 50 feet with a 35-foot minimum building setback from face of curb, meandering eight-foot sidewalks on both sides of the street, and a two-lane paved road section with eight-foot bicycle lanes. See Exhibits 5K and 5L.

f. The landscape themes for Planning Area 38 shall be consistent with the landscape themes established in Westpark (Planning Area 14). The master wall, streetscape and park plan for Planning Area 38 shall require the following:

(1) Informal plantings of deciduous and evergreen trees, with the evergreen being the major tree for the north side of Barranca.

(2) Tall vertical trees on the Culver Drive planning area edge immediately north of the Barranca Parkway entry plaza, as a visual emphasis for the activity corridor.

(3) Provision of landscape treatment along the planning area edge and all major streets as shown on Exhibits 5A through 5L.

g. In conjunction with the submittal of the master wall, streetscape and park plan for Planning Area 38, the applicant shall submit a landscape and maintenance plan for the intersection plazas to be reviewed and approved by the Director of Public Works and the Director of Community Development.

h. The master walls, streetscapes and park plan shall address the design of the intersection plazas shown on Exhibit 3. Pedestrian access shall be considered and strongly encouraged through intersection plazas to facilitate pedestrian access to the adjacent land uses. Pedestrian access shall, in all cases, be designed into the intersection plazas at Paseo Westpark and Warner.

i. Community identity signing will be provided where shown in Exhibit 2. Prior to the submittal of applications for sign permits, the applicant shall submit and the Planning Commission shall approve a sign program for the planning area.

j. The area located west of Harvard Avenue shall have a separate Master Landscape and Trails Plan, submitted concurrently with tentative tract maps, that will be compatible with the remainder of Planning Area 38.

2. Bicycle trails.

a. Bicycle trails shall 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 5A through 5L.

b. An 11-foot-wide paseo providing bicycle and pedestrian circulation within the planning area will occur in the open space spine along the east side of Harvard Avenue without grade-separated crossings. This paseo shall be delineated in the master wall, streetscape and park plan for the planning area and a construction phasing schedule shall be established prior to approval of the master wall, streetscape and park plan application.

c. In conjunction with the submittal of an application for a tentative tract for Planning Area 38 west of Harvard, the applicant shall prepare a Master Landscape and Trails Plan (including section diagrams of interior and surrounding roadways), bike paths and trails. The plan shall include a cross section for the Peters Canyon regional bike trail (or alternative cross sections based on channel widening alternatives), for review and approval by the Planning Commission in conjunction with review of the tentative tract map. The plan shall also address trail linkages from the Harvard open space spine trail to the future Peters Canyon regional trail. A construction phasing schedule shall be established as part of the Master Landscape and Trails Plan.

3. Pedestrian links.

a. Pedestrian sidewalks will be provided in the parkway of streets in a manner consistent with current City of Irvine policy. Cross sections depicting the location of these paths are shown in Exhibits 5A through 5L.

b. In conjunction with the submittal of the master tentative tract map, the applicant shall submit a pedestrian circulation plan which shall:

(1) Demonstrate how pedestrian circulation is being incorporated between Planning Area 38 and the activity corridor. Access shall be provided to encourage pedestrian movement between Planning Area 38 and retail services and future transit facilities in the activity corridor, as well as possible transit facilities.

(2) Demonstrate how pedestrian circulation along Paseo Westpark provides continuity between Westpark (Village 14) and Planning Area 38.

(3) Demonstrate how pedestrian circulation is being incorporated between Planning Area 38 and the retail services in Village 10 (Walnut) at the home and garden center.

(4) Demonstrate how pedestrian circulation is being incorporated to provide access to and across the open space spine and to the future Peters Canyon regional bike trail.

(5) Demonstrate how pedestrian accessways provide circulation links between individual neighborhoods where appropriate with major paseos.

(6) Identify bus stop and turnout locations. Whenever possible, bus stops shall be located at the far side of the intersection to facilitate bus and traffic operations in the vicinity of pedestrian access points. The master tentative tract map shall demonstrate that there is adequate right-of-way for the siting of bus shelters adjacent to identified bus stops.

c. The master walls, streetscapes and park plan shall address enhanced pedestrian facilities. The design of pedestrian facilities shall consider, but not be limited to, the following:

(1) Enhanced crosswalks at Paseo Westpark/Warner, Barranca/Culver, Barranca/Harvard, Barranca/Paseo Westpark, Hearthstone/Irvine Center Drive, Irvine Center Drive/Culver, and Barranca/access to Crossroads Center.

(2) Enhanced design of all pedestrian accessways through theme walls and intersection plazas. Treatments shall include, but not be limited to, the following: stepped or curvilinear walls, wider accessways, archways, and color accents.

(3) Repetitive design elements such as, but not limited to, colored pavers, colored plant materials, shade trees, and light bollards along pedestrian paseos.

(4) Design of the intersection plazas at Paseo Westpark and Warner shall be consistent with the intersection plazas in Planning Area 14 (Westpark), but shall also incorporate pedestrian-scale elements such as seating areas, public art, short shade trees (bottom of canopy approximately eight feet zero inches above ground at maturity), and colored landscape and plant materials.

d. In conjunction with the submittal of applications for each tentative map and/or conditional use permits for individual developments, the applicant shall provide a plan which demonstrates that pedestrian access to bus stop locations is achieved. As a goal of access, 90 percent of the residential units within each subdivision shall be located within one-fourth-mile walking distance to approved bus stop locations.

e. Sidewalks will be located on public streets in accordance with City plans and guidelines. Sidewalks on private streets may vary from standard City plans where appropriate to reduce grading or provide better pedestrian linkages. Pedestrian walks should link commercial sites, schools, parks, the Peters Canyon Wash Trail, the residential development on either side of Warner, and adjacent residential neighborhoods.

4. Equestrian and hiking trails.

a. In conjunction with submittal of an application for the master tentative tract map for Planning Area 38, the applicant shall submit a study to determine the feasibility of the preferred Peters Canyon Wash alignment of the regional off-street bicycle trail and equestrian/hiking trail. In the event the City determines that the preferred Peters Canyon Wash alignment is infeasible, the open space spine in Planning Area 38 shall include equestrian/hiking trails with appropriate connections to the existing trail systems inclusive of the crossing of Irvine Center Drive along the east side of Harvard Avenue inclusive of grade-separated crossings where appropriate and feasible. The master walls, streetscapes and park plan shall include an alternative design that accommodates the regional bicycle trail and equestrian/hiking trail within the open space spine along the east side of Harvard Avenue, including grade-separated crossings where appropriate and feasible. Additionally, the master tentative tract map for Planning Area 38 shall address the issue of fair share funding (up to 100 percent) of the design and construction of the regional bicycle and equestrian/hiking trail in the vicinity of Planning Area 38.

5. Public transit.

a. Prior to the issuance of building permits, the applicant shall participate in a City-wide transit fee program, if adopted by the City Council, to assist in the implementation of Irvine's transit program. The applicant's participation shall be contingent upon City Council adoption of a City-wide transit fee ordinance or resolution providing for fair share contributions from existing and future development. The issuance of building permits shall not be withheld by the City prior to City Council adoption of such a transit fee ordinance or resolution, and the fee shall not be applied retroactively to residential units in Planning Area 38 which are in receipt of building permits.

b. In conjunction with the submittal of an application for the master tentative tract map for Planning Area 38, the applicant shall prepare and submit a study of the opportunities in the vicinity of Planning Area 38 for development of a transit system running north-south per Exhibit D-4 of the circulation element of the City of Irvine General Plan. The study shall also address the location of the commuter rail station (north of Planning Area 38) along the AT&SF right-of-way and the identification of possible funding sources for the acquisition of the necessary site. The north-south system shall connect the rail station to the east-west corridor and IBC. The transit study shall be coordinated with the Strategic Transportation Planning Division of the City or its successor, reviewed by the Transportation Commission and approved by the Planning Commission. This requirement shall not apply to a tentative tract map application for Planning Area 38 west of Harvard Avenue.

c. In conjunction with the submittal of an application for the preliminary grading permits for Planning Area 38, the applicant shall participate in funding a planning study to be conducted by the City to develop a City-wide transit fee program. The applicant's participation shall not exceed $100,000. The goal of the planning study shall be to establish a fair share funding program for existing and new development within the City based on the benefit received by each area from implementation of Irvine's planned transit program. The applicant's participation in the planning study shall be credited toward the applicant's responsibility for participation in the fee program. This requirement shall not apply to a tentative tract map application for Planning Area 38 west of Harvard Avenue.

d. Prior to the recordation of the final map, the applicant shall enter into an agreement with the City to participate in funding a demonstration shuttle service program linking Planning Area 38 and Woodbridge with the Irvine Transportation Center, the Spectrum, and the IBC employment centers. The agreement will include the following provisions:

(1) Design, implementation and operation of the program shall be the responsibility of the City staff, in cooperation with other agencies (i.e., OCTC, OCTD) and participants.

(2) Applicant shall advance $50,000 to the City to assist in initiating the demonstration project prior to issuance of building permits in Planning Area 38.

(3) Continuation of the service after the initial funding level would be subject to achieving a minimum level of ridership to be established by the City.

(4) The applicant shall post a bond to the City of Irvine for an additional $50,000 per year for a period of three years based on the continuing attainment of minimum ridership levels to be established and reviewed annually by the City.

This requirement shall not apply to a tentative tract map application for Planning Area 38 west of Harvard Avenue.

e. Prior to recordation of the final map, the applicant shall enter into an agreement with the City in a form approved by the City Attorney to fund the improvements for a park-and-ride facility within 1½ miles of Planning Area 38. The applicant's responsibility shall not exceed $100,000 if the facility is located on City-owned property. Alternatively, the applicant may, at its option, satisfy this requirement by providing 100 parking spaces on sites approved by the City within 1½ miles of Planning Area 38. These spaces shall be reserved on a priority basis for use by residents of Planning Area 38. This requirement shall not apply to a tentative tract map application for Planning Area 38 west of Harvard Avenue.

f. Prior to the recordation of any subsequent map to the master tentative tract map for each builder site or submittal of applications for residential building permits, whichever comes first, the applicant shall submit for review, and obtain approval of the Director of Community Development, a packet of information to be distributed to all prospective homeowners or tenants describing any and all alternative transportation programs and services in and around Columbus Grove/Moffett Meadows. The packet of information shall include: information about carpooling, vanpooling, transit and shuttle services, bicycling and walking, bicycle trail maps, and ridesharing, and information about park-and-ride lot locations.

D. Infrastructure.

1. Drainage.

a. The Warner Channel will be realigned and placed underground between Culver Drive and Harvard Avenue in conjunction with completion of street improvement for Warner Avenue. The open channel will remain between Harvard Avenue and Peters Canyon Wash. The Valencia Channel (FO6-SO1) will be improved to reinforced concrete box between Culver Drive and Harvard Avenue. No improvements are required for the Peters Canyon Wash (FO6) or San Diego Creek.

E. Urban design.

1. a.

The character of Planning Area 38 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. For the area west of Harvard Avenue, see Subsection F, Urban Design West of Harvard Avenue, below.

b. The character of Planning Area 38 should favor the more cosmopolitan forms of the "Mediterranean" expression but could include more rustic forms.

c. The objective is to establish a consistent character between Village 14 (Westpark) and Planning Area 38. The following thematic guidelines are to be used as a reference point in the review of applications for development projects in Planning Area 38.

d. Thematic guidelines. The purpose of this statement is to provide guidance in the review of development projects in achieving the intended character of Planning Area 38. 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.

(1) Walls: Predominantly smooth surfaced materials, such as plaster or stucco. Light colors.

(2) Roofs. Simple forms: hipped, gabled (limited flat roof areas). Clay and concrete tile, predominantly. Consistent terracotta color.

(3) Details. Simple cornices, compatible with wall appearance. Integral-colored accent materials, for example, ceramic tile and brick. A limited use of woods as accent material. Decorative paving accent and highlight areas.

(4) Site design. Use of terraces, plazas, arcades, colonnades, and pergolas to define pedestrian areas. Clustering of units around open spaces. Separation of public and private areas. Landscaping and building integration; for example, use of planters, vines on garden walls, hedges, and treillage.

2. In conjunction with the submittal of any application for a wall, streetscapes and parks plan for Planning Area 38, the applicant shall provide adequate detail on the plans to demonstrate how walls will be designed and landscaped so as to provide visual relief and mitigation for overall height and mass. The following techniques shall be encouraged:

a. Use of materials such as, but not limited to, tile, iron, metal tubing, and wood to provide visual relief in walls.

b. Additional landscaping (e.g., shrubs, vines) adjacent to walls.

c. Combination walls or fences which achieve visual relief in walls located adjacent to open areas such as parks and pedestrian paseos.

The exterior elevations of village edge theme walls are not subject to the above-mentioned criteria.

3. The master wall, streetscape and park plan for Planning Area 38 shall include designs for pedestrian accessways through walls. Elements to be considered include, but are not limited to, the use of stepped or curvilinear walls, wider accessways, archways and color accents.

4. In conjunction with the submittal of applications for conditional use permits for individual single-family detached residential developments, the applicant shall demonstrate that the project design integrates one-story elements, such as projections, recesses, one-story exterior walls, and single-story units, so as to achieve a variation in the rooflines.

5. In conjunction with the submittal of applications for conditional use permits for individual residential developments, the applicant shall submit detailed building elevations. The architectural design shall address detail articulated on all sides of the structures visible from streets, paseos, and other public areas. Particular attention shall be given to windows, balconies, doors, and any special design elements. The elements and qualities which shall be encouraged are human scale and privacy, play of light using shade and shadows to provide relief, and variations in rooflines. Large blank walls with minimal detail shall be discouraged.

6. In conjunction with the submittal of applications for conditional use permits for individual residential developments, the applicant shall submit a design for the project entry. The design shall address enhancement of entry view corridors. Design treatments which enhance project entries through the use of raised medians, additional landscaping, landscape theme, and location of recreational amenities along these view corridors shall be encouraged. Entry view corridors terminating at blank walls and/or blank building elevations shall be discouraged.

7. In conjunction with the submittal of applications for conditional use permits for individual residential developments, the applicant shall provide a color palette that is compatible with Planning Area 14 (Westpark), so as to maintain a consistent character. Additional colors may be included. A mix of coordinated colors should be used within individual developments. Use of contrasting colors as accents is encouraged.

8. In conjunction with the submittal of applications for conditional use permits for individual residential developments that border Paseo Westpark, the applicant shall submit for review and approval plans which demonstrate that a combination of the following techniques are inherent to the project design:

a. Variety of building orientations: rear-on and side-on orientations.

b. Jogs in floor plans, for building walls facing Paseo Westpark.

c. Variety of building heights.

d. Variation in rooflines.

e. Architectural details on building walls facing Paseo Westpark.

f. Variety in landscape treatments, including colors.

g. Integration of single-story units, and one-story elements such as projections, recesses, and one-story exterior walls.

9. PA 38 density modification special development requirement. The Director of Community Development shall have the discretion to approve, conditionally approve or deny a density modification application for development of any residential project requiring discretionary approval (including, but not limited to, tract maps, parcel maps, zone changes, conditional use permits and variances) at densities lower than the density range applicable to a property located within any given zoning category. Such discretion shall include, but not be limited to, withholding approval of the density modification unless the total number of existing dwelling units within the applicable zoning category of PA 38, when added to the total number of dwelling units developed under the proposed project, remains in and complies with the overall density range for that category. An applicant applying for the project shall submit a completed application to the Community Development Department on the form provided by the City, together with the applicable fee as established by resolution of the City Council. It shall be at the discretion of the Director of Community Development to require additional information as needed, as a part of the application, including, but not limited to, plans, renderings and a site/building mass model. In determining whether to grant approval of a request for decreased density, the Director shall consider the following project impacts:

a. Environmental.

b. Schools.

c. Assessment districts.

d. Infrastructure.

e. Traffic; on-site and off-site circulation.

f. Affordable housing requirements, if applicable.

g. Pedestrian circulation, on-site and off-site.

h. The physical juxtaposition of developments of varying densities on lots within any given parcel.

i. Overall visual quality of the physical development of the entire planning area.

j. Architectural and landscape variations of developments with different densities on lots within any given parcel of the planning area.

k. Pedestrian and vehicular aesthetic view corridors within the overall planning area.

l. Recreation/open space.

m. Other potential impacts not mentioned above.

F. Urban design west of Harvard Avenue.

1. Character.

a. The character of Planning Area 38 west of Harvard Avenue shall reflect a native Californian theme titled "California Heritage." This theme will be expressed through the use of historical architectural styles, forms, materials, and colors that have evolved over time and have been shaped by the cultural and climatic influences specific to this region. These styles are California Bungalow, Colonial Revival, Craftsman, French-influenced, Monterey, Tudor and Victorian. Although Mediterranean is not formally listed as a style for Prominence, some of the proposed styles do include Mediterranean features. The French-influenced style, for example, is based on the same classical principles that are integral to Mediterranean architecture. This is also true for the Monterey and Colonial styles. Stucco walls, vertically oriented windows with divided lites, elegant porches and colonnades, deep recessed windows in some cases, and picturesque compositions of building elements are some of the traits shared with Mediterranean architecture.

The remaining proposed styles inject a greater variety of forms and materials that will help tie the community to the surrounding areas. It is in this fashion that a community can be created that appears to have evolved over time as an integral part of its surroundings. The architecture, although rich in character, will play a supporting role as backdrop to the lush landscape that is envisioned for this agrarian themed community.

b. The character of Planning Area 38 west of Harvard Avenue shall favor the agrarian-like expressions of this theme but could include more refined urban-like expressions as accents.

This will establish a unifying theme between surrounding communities and Planning Area 38.

c. Thematic guidelines. The purpose of this statement is to provide guidance in the review of development projects in achieving the intended character of Planning Area 38 west of Harvard Avenue. 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.

(1) Walls. A combination of some smooth surfaced materials, such as plaster or stucco, siding such as lapboard or board and batten, and/or masonry such as brick, or simulated stone. Wood (or wood-like) rail fencing may also be appropriate for perimeter fencing.

(2) Roofs. Simple forms: hipped, gabled (limited flat roof areas). Clay or concrete tile, predominantly. Varying hues of dark, earthtone and terracotta colors.

(3) Details. Simple cornices and/or eaves, compatible with wall appearance. Integral-colored accent materials, for example ceramic tile and brick. Decorative paving accent and highlight areas.

(4) Site design. Use of terraces, plazas, arcades, colonnades, and pergolas to define pedestrian areas. Clustering of units around open spaces. Separation of public and private areas. Landscaping and building integration; for example, use of planters, vines on garden walls, hedges, and trellises.

2. In conjunction with the submittal of any application for a Master Landscape and Trails Plan and park plan for Planning Area 38 west of Harvard, the applicant shall provide adequate detail on the plans to demonstrate how walls will be designed and landscaped so as to provide visual relief and mitigation for overall height and mass. The following techniques shall be encouraged:

a. Use of materials such as, but not limited to, tile, iron, metal tubing, and wood to provide visual relief in walls.

b. Additional landscaping (e.g., shrubs, vines) adjacent to wall.

c. Combination walls or fences that achieve visual relief in walls located adjacent to open areas such as parks.

The exterior elevations of village edge theme walls are not subject to the above-mentioned criteria.

3. In conjunction with the submittal of an application for a tentative tract map involving individual single-family detached residential developments, the applicant shall demonstrate that the project design integrates one-story elements, such as projections, recesses, one-story exterior walls or single-story units, so as to achieve a variation in the rooflines.

4. In conjunction with the submittal of applications for a tentative tract map, the applicant shall submit detailed building elevations. The architectural design shall address detail articulated on all sides of the structures visible from streets, and other public areas. Particular attention shall be given to windows, balconies, doors, and any special design elements. The elements and qualities that shall be encouraged are human scale and privacy, play of light using shade and shadows to provide relief, and variations in rooflines. Large blank walls with minimal detail shall be discouraged.

5. In conjunction with the submittal of applications for a tentative tract map, the applicant shall submit a design for the project entry. The design shall address enhancement of entry view corridors. Design treatments that enhance project entries through the use of raised medians, additional landscaping, landscape theme, and location of recreational amenities along these view corridors shall be encouraged. Entry view corridors terminating at blank walls and/or blank building elevations shall be discouraged.

6. In conjunction with the submittal of application for a tentative tract map, the applicant shall provide a color palette that is compatible with Planning Area 38 (Westpark II) as well as Planning Area 14 (Westpark), so as to maintain a compatible character. Additional colors may be included. A mix of coordinated colors should be used within individual developments. Use of contrasting colors as accents is encouraged.

7. In conjunction with the submittal of applications for a tentative tract map, the applicant shall submit for review and approval plans which demonstrate that a combination of the following techniques are inherent to the project design:

a. Variety of building orientations: rear-on and side-on.

b. Jogs in floor plans, for building walls facing major public spaces.

c. Variety of building.

d. Variation in character.

e. Architectural details on building walls.

f. Variety in landscape treatments, including colors.

g. Integration of single-story units, or one-story elements such as projections, recesses, and one story exterior.

(Code 1976, § V.E-838.4; Ord. No. 93-8, § 5, 6-22-93; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 00-02, § 4, 2-8-00; Ord. No. 04-03, § 3, 2-24-04; Ord. No. 05-02, § 5, 1-11-05; Ord. No. 25-22, § 4, 9-9-25)

[Figure]

[Figure]

LEGEND

1. Irvine Center Drive:

Evergreen trees, informal planting. Tall vertical evergreen trees in median.

Six-foot-wide walk.

2. Culver Drive:

Tall, vertical evergreen trees with deciduous accent, informal planting. (Formal evergreen planting north of Barranca/Culver theme intersection.)

Eight-foot-wide walk.

3. Barranca Parkway:

Major: Evergreen tree, informal planting.

Minor: Deciduous tree, clusters.

Six-foot-wide walk.

4. Harvard Avenue:

Tall, vertical, evergreen trees, informal planting.

11-foot-wide walk (open space spine paseo).

5. Warner Avenue:

Evergreen trees, informal planting.

Six-foot-wide walk.

6. Paseo Westpark:

Evergreen trees, informal plantings with clusters of deciduous trees as accents.

Eight-foot-wide walk.

7. Entries and theme intersection:

Formal palm with evergreen tree as a backdrop.

8. Hearthstone:

Evergreen trees, informal planting.

Eight-foot-wide walk (east side).

Six-foot-wide walk (west side).

Landscape concepts should be consistent with Planning Area 14 landscape concepts. Refer to specific section of the zoning for additional detail.

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]

[Figure]