Irvine Municipal Code Ch. 9-39 Planning Area 39 (los Olivos)

Footnotes:

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Editor's note— Ord. No. 24-08, Exh. A, adopted May 28, 2024, amended chapter 9-39 in its entirety to read as herein set out. Former chapter 9-39, §§ 9-39-1—9-39-7, pertained to similar subject matter, and derived from Code 1976, § V.E-839.1—V.E-839.5; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 05-13, § 4, 7-12-05; Ord. No. 06-05, § 6, 6-27-06; Ord. No. 12-09, § 3(Exh. A), 5-22-12; Ord. No. 22-08, § 6(Exh. A), 5-10-22.

(See Planning Area 39 map following Section 9-39-5.)

(Ord. No. 24-08, Exh. A, 5-28-24)

Planning Area 39 is bounded by the I-405 to the north, Irvine Center Drive and Bake Parkway to the east, future Lake Forest Drive to the south and Planning Area 18 to the west.

(Ord. No. 24-08, Exh. A, 5-28-24)

1 Unallocated dwelling units represent those units remaining in a planning area that may be built anywhere in the same planning area. These units are within the maximum development intensity for the planning area; and, therefore, placement of unallocated dwelling units into any residential category within the planning area for purposes of development is determined to be consistent with the General Plan and Zoning Code with regard to intensity allocation only, provided that placement is otherwise consistent with site specific zoning regulations and that any potential environmental impacts are adequately addressed, including traffic impacts, pursuant to CEQA.

2 See Section 9-0-3.C, Building Intensity Standards.

3 Totals include 100 density bonus units in the 2.4H zoning district pursuant to 00900828-PGA and 00900833-PZC.

(Ord. No. 24-08, Exh. A, 5-28-24)

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

(Ord. No. 24-08, Exh. A, 5-28-24)

See Section 3-37 (Development Standards).

1. Individual project densities may exceed 31.0 du per net acre provided the total number of dwelling units does not exceed 4,700 in Planning Area 39.

2. The total number of dwelling units in Area 2.4H shall not exceed 2,750 (inclusive of density bonus units).

3. For individual residential projects, the development standards to be applied shall depend on the actual net density of the project in accordance with the following:

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

b. For projects from 6.6 to 12.5 dwelling units per net acre, Section 3-37-14 development standards shall apply.

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

d. For projects from 31.1 to 50.0 dwelling units per net acre in Area 2.4, Section 3-37-16 development standards shall apply.

e. For projects providing 31.1 or more dwelling units per net acre in Area 2.4H only, Section 3-37-15 shall apply except that the intensity may exceed 50.0 dwelling units per net acre and the maximum height may exceed 50 feet subject to a conditional use permit and/or master plan.

(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

1. Affordable housing.

a. The City's affordable housing requirements can be found in Chapter 2-3 of the Zoning Code. In keeping with Chapter 2-3, the affordable housing needs goal of 15 percent (5 percent Income I, II; 5 percent Income III; and 5 percent Income IV) of the actual number of units built in Planning Areas 39 and 18 may be met utilizing the menu option as established in the Housing Element.

b. In conjunction with the submittal of the first tentative map within this planning area, the applicant shall submit a comprehensive affordable housing program covering Planning Areas 18 and 39 in accordance with Chapter 2-3 of the Zoning Code. The affordable housing goal of 15 percent (5 percent Income I, II; 5 percent Income III; and 5 percent Income IV) of the actual number of units built shall be addressed in the affordable housing program. The program shall be reviewed by the Planning Commission prior to its approval of the first tentative map.

2. Boundary definitions. The precise Preservation District boundary will be defined through the final builder subdivision map at the boundary of development pads and the fuel modification zone. (The fuel modification zone is included in preservation areas by definition). However, any preservation areas to be dedicated to the City will exclude fuel modification zones. (The fuel modification zones will be owned and maintained by homeowners' associations.)

3. Hillside Master Plan. In accordance with Zoning Code Chapter 5-4, a Master Plan shall be prepared for Planning Area 39 which demonstrates how the provisions of the General Plan and Hillside Overlay District will be implemented. The Master Plan shall include all concept plan requirements in accordance with Chapter 2-8. Approved Master Plan documents, or modifications thereto pursuant to Chapter 2-19, shall be used as the standard of review for all subsequent applications submitted for Planning Area 39. A subsequent Master Plan application in accordance with Zoning Code Chapter 2-19 or its equivalent will be submitted for each development project to address the location of structures and parking and for grading.

4. Parks. The location of a public neighborhood park is conceptually shown on Exhibit A. At the time of approval of the first tentative tract map for residential purposes within Planning Area 39, a park plan, as defined in Section 2-22-2 of the Zoning Ordinance, shall be approved establishing the exact number, location, configuration, and size, of community and neighborhood parks in accordance with the subdivision ordinance, park and recreation element, and Local Park Code. The park plan shall also establish construction phasing of all parks in conjunction with the residential development.

a. Community park. The community park requirement for PA 39 will be satisfied by the payment of in-lieu fees dedication of parkland and/or construction of park improvements for a community park in PA 39 or other locations acceptable to the City.

b. Neighborhood park. The precise number, location, configuration and size of neighborhood parks will be established at the time of approval of tentative tract maps for residential portions of Planning Area 39.

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

6. Slope zone. In accordance with Zoning Ordinance Chapter 5-4, Hillside Overlay District, Planning Area 39 has been determined to be in Slope Zone I, which is not a hillside condition subject to grading limitations.

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

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

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

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

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

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

9. Master trails plan. Prior to approval of the first tentative tract map within this planning area, the applicant shall submit a master trails plan consistent with Exhibits C (Public Bike Trails), E—F (Public Sidewalks) and G—K (Sections). Trails through the Preservation District shall not be a part of the master trails plan except for the paved 11-foot Class I trail along San Diego Creek. The master trails plan shall be submitted for review by the Community and Library Services Commission and approved by the Planning Commission. The plan shall address the following:

a. The location and design of any private trails and sidewalks.

b. The locations where access to dedicated public open space needs to be controlled by the City through fencing or other means.

c. Phasing of trail construction.

d. All public trails and sidewalks shown on Exhibits C and E are intended to be owned, operated, and maintained by the City of Irvine.

(1) The applicant shall construct a Class I bicycle trail ("San Diego Creek Trail") through PA 39 on the south side of San Diego Creek as generally depicted on Exhibit C.

(2) The applicant shall construct the connection of the Class I bicycle trail on the south side of San Diego Creek in PA 39 to the existing trail on the north side of the Creek within the I-405 undercrossing.

(3) In conjunction with the construction of the Class 1 trail shown on Exhibit C, the developer, if deemed necessary by the City and subject to approval of the Orange County Flood Control District and/or Caltrans, or their successors, shall improve the existing trail under crossing of I-405 as follows:

(a) Resurface the trail connection with asphalt slurry or similar sealant within the under crossing.

(b) Stripe the trail connection to City standards.

(c) Install directional signs and trail markers.

(d) Install lighting within the under crossing.

(e) Install a three-wire fence separating the trail from the creek channel.

(4) The applicant shall construct public sidewalks as generally depicted on Exhibit E.

(5) Neighborhood trails in PA 39 shall link to the San Diego Creek Trail.

(6) Where public sidewalks and trails parallel roadways, street lighting will be designed to also light trails and sidewalks, where feasible, in order to avoid separate trail and sidewalk lights.

e. Private sidewalks are generally required on both sides of private local streets. However, on a case-by-case basis, the City Engineer may approve the elimination of the sidewalk on the side of a single-loaded private street where no curbside parking is allowed and no pedestrian circulation is necessary.

f. City sidewalk requirements for arterial highways are modified as shown on Exhibits F—K (Sections).

10. Preservation area dedications. Offers of conveyance for Dedication Areas S, P.3, and H will be recorded in accordance with Chapters 8-14 and 8-23 and the following schedule. In order to better facilitate the management of open space, the timing of offers and conveyances may be modified by mutual consent of the City and landowner.

a. S and P-3: Prior to or concurrent with the recordation of the first subdivision map in Planning Area 39, the applicant shall record an offer of dedication for a first part dedication of Areas "S" and P-3 as generally depicted on Exhibit B and described in Section 8-23-1. Such offer will be in compliance with Section 8-14 and may be accepted by the City no sooner than 90 days following issuance of 75 percent of the building permits for dwelling units in PA 39 and after the installation of natural vegetation and completion of the monitoring program for P-3 as set forth in FEIR.

b. H: Prior to or concurrent with the recordation of the first subdivision map in Planning Area 39, the applicant shall record an offer of dedication in favor of the City for Dedication Area "H" as generally depicted on Exhibit "D." Such offer will be in compliance with Section 8-14 and may be accepted by the City no sooner than 90 days following issuance of 75 percent of the building permits for dwelling units in either Planning Area 39 or Planning Area 33, whichever comes first.

c. Where single-loaded streets abut open space lands to be dedicated to the City, a three-wired cable fence or other access control measures shall be provided by the developer.

d. To facilitate implementation of the San Diego Creek Trail, any lands for the trail which encroach into P-3 may be severed from the offer of dedication for S and P-3 and dedicated by mutual agreement between the City and applicant.

11. Transition zones. The transition zone as defined in the General Plan open space and conservation element, will be co-terminus with a fuel modification zone as the boundary of residential development and open space. The width and treatment of this zone shall be adapted to slope conditions, vegetation and land use in consultation with fire authorities and consistent with EIR mitigation measures.

12. Arterial highway standards. City sidewalk requirements for arterial highways are modified as shown on Exhibit 7 of the PA 39 Hillside District Master Plan.

13. Child care. The need for child care facilities shall be recognized with the development of PA 39. Prior to the approval of the first residential tentative tract map in PA 39, the number of private sector child care slots to be provided will be determined by the City and the developer in accordance with the City policy. The number of slots will be based on the actual number of residential units to be built and on a determination of child care needs generated by residential development in PAs 17,18, 33 and 39.

14. Verizon Amphitheater. Nothing in this section shall be construed to limit the existing uses of the Verizon Amphitheater pursuant to its conditional use permit until termination of its lease on or before February 28, 2017. Any residential uses must be compatible with the existing amphitheater use until its termination.

15. OCTA coordination. Prior to approval of the first residential subdivision map within PA 39, the need for future bus stop locations along Irvine Center Drive, Bake Parkway and Lake Forest Drive will be coordinated with the Orange County Transportation Agency (OCTA).

16. Wireless facilities. As part of the Master Plan submittal for this area, a plan of preferred sites and designs for wireless facilities shall be prepared, after attempting to receive input from wireless telecommunications carriers concerning their ability to provide service to the proposed development. Based on the information received, the applicant shall identify potential wireless communication facilities sites in residential and nonresidential portions of the subject planning area that, based on the information received, will serve the needs of the proposed development. The applicant's conclusions and proposals for potential wireless sites shall be provided in a report to the City which shall be available for public review prior to any Planning Commission or City Council determination on the application. Subsequent to approval of the Master Plan, any application to locate a wireless communication facility at an identified preferred site may, notwithstanding the "Review Procedure Matrix" set forth in Section 2-37.5-3, be approved by the Director of Community Development, subject to the remaining procedures and requirements specified in Chapter 2-37.5. Any application to site a wireless communication facility at a site that is not an identified preferred site must, in addition to the procedures and requirements specified in Chapter 2-37.5, specifically examine the feasibility of preferred sites and explain why locating a wireless communication facility(ies) at one or more preferred sites cannot adequately satisfy the coverage needs of the telecommunications carrier.

17. Libraries. In the event a City-wide library impact fee is adopted and in force, the developer shall pay this fee prior to issuance of building permits for new development.

(Ord. No. 24-08, Exh. A, 5-28-24; Ord. No. 25-22, § 4, 9-9-25)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)

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(Ord. No. 24-08, Exh. A, 5-28-24)