Irvine Municipal Code Ch. 9-40 Planning Area 40 (cypress Village)

Footnotes:

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Editor's note— Ord. No. 12-09, § 3(Exh. A), adopted May 22, 2012, amended the Code by amending the title of Chapter 9-40 to read as herein set out.

(See Planning Area 40/Spectrum 8 map following Section 9-40-5.)

(Ord. No. 03-13, § 9, 5-13-03; Ord. No. 08-12, § 3, 9-9-08)

Planning Area 40 is bounded by Jeffrey Road, Trabuco Road, the Santa Ana Freeway (I-5) and Planning Area 51 (former MCAS El Toro).

(Ord. No. 03-13, § 9, 5-13-03; Ord. No. 08-12, § 3, 9-9-08)

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.

*Does not include acres used for existing arterial highway rights-of-way (except Marine Way).

**Subject to dwelling unit transfers between Areas 2.3N and 2.41 as set forth in Section 9-40-7B.

(Ord. No. 03-13, § 9, 5-13-03; Ord. No. 08-12, § 3, 9-9-08; Ord. No. 12-09, § 3(Exh. A), 5-22-12; Ord. No. 23-15, § 6(Exh. A), 7-25-23)

See Chapter 3 (Land use matrix).

(Ord. No. 03-13, § 9, 5-13-03)

See Chapter 3 (Development Standards).

Individual project densities in Area 2.3N may exceed 12.5 dwelling units/net acre. However, no individual project may exceed 31.0 dwelling units/net acre and the overall density within 2.3N cannot exceed 12.5 dwelling units/net acre. Individual project densities in Area 2.4I may exceed 31.0 dwelling units/net acre. However, the overall density within 2.4I cannot exceed 31.0 dwelling units/net acre. For residential projects within Areas 2.3N, 2.4I and 3.1H, the actual net density of individual projects will determine the development standards to be applied according to the following:

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

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

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

4. For projects from 31.0 to 50.0 dwelling units per net acre, Section 3-37-16 development standards shall apply (3.1H only).

(Ord. No. 03-13, § 9, 5-13-03; Ord. No. 08-12, § 3, 9-9-08)

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A. Circulation. The following arterials are located adjacent to or within Planning Area 40

B. Maximum residential units.

1. The total number of allowable residential dwelling units overall in Areas 2.3N, 2.41, and 3.1H shall be 5,221 units.

2. Notwithstanding the provisions of Section 9-40-3, up to 750 dwelling units may be transferred between the 2.3N Medium Density Residential District and the 2.41 Medium-High Density Residential District provided the cumulative total in both Area 2.3N and Area 2.4I does not exceed 3,918 dwelling units.

3. Subject to the limitations set forth in Sections 9-1-7 and 9-6-7, unbuilt dwelling units, up to the total number of units allowed by the unit cap for the planning area, may be transferred from Planning Area 40 into Planning Area 1 and/or Planning Area 6. It is the intent of this provision to facilitate a level of development that remains within the total number of dwelling units authorized by the North Irvine Transportation Mitigation Implementing Development Agreement between the City of Irvine and the Irvine Company. The transfer of units described in this Section will be facilitated as a part of the subdivision process required in receiving areas and will be appropriately and administratively noted in Sections 9-1-3, 9-1-7, 9-6-7, 9-40-3, and 940-7, as applicable.

C. Project trip monitoring within the 5.5D Medical and Science District. The development intensity allocated to the 5.5D Medical and Science District Area and analyzed in the traffic study equates to 973,130 square feet of office, research and development, and mini-warehouse uses with a build-out trip limit of 3,146 average daily trips, 279 a.m. peak hour trips and 334 p.m. peak hour trips. The source of the traffic trip rates is the Planning Area 40 General Plan Amendment, Zone Change, Vesting Tentative Parcel Map 2020-137 Traffic Study, dated 12-9-2020.

1. For the purposes of this section, "applicant" shall mean that applicant for development case 00793825-PGA and 00793828-PZC. Prior to approval of each subdivision map in the 5.5D Medical and Science Zoning District, the applicant shall submit a Trip Allocation and Monitoring Report (TAMR) for review and approval of the Director of Community Development. The TAMR shall include an allocation and accounting of trips to ensure that the aggregate traffic projected does not exceed the vehicle trip limits. The TAMR shall include, but not be limited to, the allocation of trips (average daily, a.m. peak and p.m. peak hour) to each parcel. Approval by the Director of Community Development shall be based upon the determination that the allocations shown do not exceed the maximum established for the zoning district; that all parcels have a trip allocation; and that the allocation is consistent with the General Plan, zoning and other applicable regulatory documents. The TAMR may be updated by the applicant and is subject to review and approval by the Director of Community Development.

2. The build-out vehicle trip limits set forth herein shall restrict all development within the 5.5D Medical and Science District. Any increase to the maximum allowable trips for the zoning district as a whole shall require the approval of a zone change.

3. In addition, the trips allocated to individual parcels in an approved TAMR shall not be exceeded. Any increase to the vehicle trip limit for an individual parcel shall require either the submission and approval by the applicant of an updated TAMR or the approval of a zone change.

D. Project trip monitoring within the 3.1H Multi - Use District. The development intensity allocated to the 3.1 H Multi-Use Area and analyzed in the project traffic study equates to 1,383 residential dwelling units with a build-out trip limit of 10,059 average daily trips, 798 a.m. peak hour trips and 987 p.m. peak hour trips. The source of the traffic trip rates is the Planning Area 40 General Plan Amendment, Zone Change, Vesting Tentative Parcel Map 2020-137 Traffic Study, dated 12-9-2020.

E. Jeffrey open space spine ("JOST"). The JOST within Planning Area 40 is designated as 15 Recreation on the zoning map. The JOST width may vary, but may not be less than 200 feet. The JOST will serve as the Village Edge for the adjoining development areas, and no further Village Edge dedications or improvements will be required. JOST improvements may be proposed by the applicant in lieu of dedication, as agreed to in the "Jeffrey Open Space Spine Implementation Agreement," dated June 10, 2003.

1. JOST function.

a. The JOST shall provide a place that will accommodate public trail and passive open space uses and which will achieve the following objectives:

i. Provide a Class I bicycle trail with crossings at Roosevelt and Trabuco and, provide where deemed appropriate, an unpaved pedestrian trail. Any references to grade-separated crossings at these locations as indicated in Exhibit B are conceptual only. The final determination of whether a grade-separated crossing will be required in the JOST at Trabuco Road and/or at Roosevelt shall be made as part of the JOST Segment 1 Design Plan and master tentative tract map review for Planning Area 40 per the JOST Implementation Agreement. Reference to any grade-separated crossing within this section in no way requires or otherwise obligates the City to accept a grade-separated crossing at this location.

ii. Include features such as, but not limited to, riparian elements, water quality elements, picnic areas, shade structures, restrooms and other passive recreational improvements.

iii. Establish landscape and landforms that will provide the trail user with a meandering separation from Jeffrey Road, a village edge for newly developed planning areas, and a landscape buffer between new development and Jeffrey Road.

iv. Access to the JOST from new development will occur only through planned common area access points. Direct access to the JOST from individual lots will not be permitted.

b. Permitted uses: Except for utilities and General Plan roadway improvements, surface uses will be limited to trails, and associated passive public recreation. For the purposes of the JOST, all features identified in Subsection E.1.a. above are considered passive recreation.

2. Segment Plan approval process.

a. Segment Plan submitted: In conjunction with the first residential "A" master tract map for the portion of Planning Area 40 west of SR-133, a segment park design ("Segment Plan") for the JOST segment shall be submitted to the City by the applicant. The plan shall include:

i. JOST dimensions and acreage;

ii. Trails and pedestrian access to trails;

iii. Landscape elements;

iv. Conceptual plant palette;

v. Planned vehicular access or crossings;

vi. Special design features;

vii. Passive recreational amenities and improvements; and

viii. The boundary interface with the adjacent land uses.

b. Segment Plan approval: The segment park design ("Segment Plan") shall be approved by the Directors of Community Development and Community and Library Services, provided the Segment Plan is deemed consistent with the overall park design. In the event the overall park design has not received approvals or if the Segment Plan is not consistent with an approved overall park design, the Segment Plan shall be subject to final approval by the Community and Library Services Commission. Appeals of decisions related to the Segment Plan shall be to the City Council.

3. JOST improvement.

a. The project developer's financial obligation to improve the JOST is limited to costs of construction of a permanent trail to be built in accordance with the City's 1985 "Guidelines for Bicycle Facilities in Irvine" (excluding grade separations used solely for trail systems). However, the project developer shall provide JOST improvements consistent with the approved Segment Plan and the "Jeffrey Open Space Spine Implementation Agreement," dated June 10, 2003.

b. The City shall provide in lieu dedication credits for the grade-separated crossings according to the criteria set forth in the "Jeffrey Open Space Spine Agreement." The City shall maintain the bicycle/pedestrian trail, grade-separated crossings, landscaping and all other improvements within the JOST.

4. JOST conveyance.

a. Prior to the release of the first final residential map for the portion of Planning Area 40 west of SR-133, the applicant shall submit for review to the satisfaction of the Director of Community Development and the City Attorney, the form of an irrevocable offer of dedication to the City of Irvine for the Spine segment adjacent to the development. The JOST segment shall be included in the tract map as a lettered lot.

b. The City shall accept the offer of dedication for the Spine and improvements in a timely manner following final inspection of improvements: within 90 days of improvements including landscaping, or within 30 days if the improvements include only the trail. The trail shall not be opened for public use until the City has accepted the offer of dedication.

F. Fire protection. Planning Area 40 is subject to the Secured Fire Protection Services Agreement by and between The Irvine Company and the Orange County Fire Authority.

G

Eucalyptus trees. The existing eucalyptus windrows in Planning Area 40 will be retained in median landscaping, landscaped setbacks, parks, trails, agriculture areas and areas adjacent to open space to the extent that the trees:

1. Are deemed sufficiently healthy for preservation in accordance with a survey conducted by a certified arborist;

2. Pose no safety concerns; and

3. Do not conflict with roads, utilities, drainages and other infrastructure improvements.

Any and all proposed removal(s) of the existing eucalyptus windrows shall be subject to the applicable provisions of the urban forestry ordinance.

H. Affordable housing. Concurrent with the submittal of any master tentative tract map or other residential subdivision map for lands not covered by a master tentative tract map which proposes to utilize affordable housing credits established under Ordinance 06-15, the applicant shall provide both of the following:

1. An up-to-date accounting for the affordable housing credits utilized; and

2. An accounting that demonstrates the City's moderate income housing goals are being achieved.

I. Park plan. The locations of public parks are conceptually shown on Exhibit A. Private parks (which are not shown) will also be provided in order to meet local park requirements.

1. If the Planning Area 40 project is phased, at the time of the first tentative tract map or conditional use permit for residential project in Planning Area 40, the applicant shall submit a park plan addressing overall community park dedication requirements for the entire Planning Area 40 project area. If, at that time, no residential units are projected in the Multi-Use Area of Planning Area 40, then that park plan would be based on the 3,918 unit count. For neighborhood parks, a separate park plan for the area east of SR-133 (east village) can be submitted as long as the number and type of recreational amenities east of SR-133 meets recreational facility standards for what is needed for the proposed population east of SR-133.

2. A community park will be located adjacent to the JOST south of Roosevelt, as conceptually shown on Exhibit D, and subject to the following design criteria:

a. Lands subject to existing IRWD sewer easements and proposed City storm drain easements shall be included within the community park as generally depicted on Exhibit D. No local park credit shall be given for the aforementioned easement lands; however local park credit for any park improvements to these lands shall be given.

b. All weather maintenance access shall be provided within the community park to selected manhole locations.

c. Access to the community park shall be provided along "AA" Street as depicted on Exhibit D, if deemed appropriate by future access studies conducted for the community park site.

d. The eucalyptus windrow between NTS basin and the community park shall be removed.

e. Pedestrian and bicycle access through the community park to JOST shall be provided.

f. No sports fields (such as baseball and soccer fields) that require sports field lighting (with light standards 60 feet or more in height) shall be located adjacent to "AA" Street. Other lighted sports facilities such as courts for outdoor tennis, basketball or volleyball are acceptable adjacent to "AA" Street.

g. Notwithstanding the zoning district provisions, development within the community park to be owned and operated by the City shall be subject to the setback requirements of Section 3-37-7.G.

J. Master Landscape and Trails Plan. Prior to approval of the first tentative tract map within this planning area, the applicant shall submit a Master Landscape and Trails plan consistent with Exhibits B—D. The Master Landscape and Trails Plan shall be submitted for review by the Community and Library Services Commission and approval by the Planning Commission. The plan shall address the following elements and features:

1. The locations, design, ownership, maintenance, fencing and access gates of any private trails and sidewalks.

2. Phasing of trail and sidewalk construction except as noted below in Subsection J.8.d and e where phasing has already been determined.

3. Demonstrate how pedestrian circulation is being incorporated between the project area and all support uses in the vicinity of the project. Access shall be provided to encourage pedestrian movement between the project area and existing and proposed retail services and transit facilities in the vicinity of the project.

4. Demonstrate how pedestrian circulation provides continuity between the project area and adjacent developments.

5. Demonstrate how pedestrian circulation is being incorporated to provide access to and across any easement, reservation, open space or other non-project related element within or adjacent to the project area.

6. Demonstrate how pedestrian accessways provide circulation links between individual neighborhoods, where appropriate, including pedestrian crossings of Trabuco Road and Roosevelt on the east side of Jeffrey Road in conjunction with the trail alignments contained in the JOST. Ownership and maintenance of the crossings will be the responsibility of the City.

7. Trails shown on Exhibits B and C are intended to be owned and operated by the City of Irvine. These shall include the following trails:

a. The applicant shall construct public trails within the JOST and crossings at Trabuco Road and Roosevelt as generally depicted on Exhibit B, subject to the provisions in Section 9-40-7.E.3.b. Reference to any grade-separated crossings within this section conceptual only. The final determination of whether a grade-separated crossing will be required in the JOST at Trabuco Road and/or at Roosevelt shall be made as part of the JOST Segment 1 Design Plan and master tentative tract map review for Planning Area 40 per the JOST Implementation Agreement. Reference to any grade-separated crossing for the JOST in Exhibit B in no way requires or otherwise obligates the City to accept a grade-separated crossing at the locations indicated in Exhibit B.

b. The applicant shall construct an 11-foot-wide Class I, off-street public trail along Sand Canyon Road as generally depicted on Exhibit B and Exhibit C (Sections A and B).

c. The applicant shall construct an 11-foot-wide Class I, off-street public trail parallel to I-5 from the JOST to Sand Canyon Avenue as generally depicted on Exhibit B and Exhibit C (Section H).

d. The applicant shall construct an 11-foot-wide Class I, off-street public trail on the north side of Marine Way between SR-133 and "O" Street as generally depicted on Exhibit C (Section K).

e. The City of Irvine plans to implement a grade-separated crossing for the JOST over the Santa Ana (I-5) Freeway as indicated in Exhibit B.

8. Sidewalks are generally required on both sides of 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 street where no curbside parking is allowed and no pedestrian circulation is necessary. Pedestrian walks should link commercial sites, schools, parks, bus stop locations, the JOST, and residential neighborhoods

a. The applicant shall construct an eight-foot-wide public sidewalk system linking the public parks, trails, and schools within the village.

b. The applicant shall construct an eight-foot-wide sidewalk along the south side of Trabuco Road from Jeffrey Road to Sand Canyon Avenue.

c. Eight-foot-wide sidewalks shall be located adjacent to any school site.

d. The applicant shall provide funding for 50 percent of the costs to widen the Trabuco Road/SR- 133 bridge to accommodate an eight-foot-wide, curb-separated sidewalk along the north side of the bridge to be constructed as part of the Trabuco Road/SR-133 Interchange Improvement Project. Further, the applicant will advance the remaining 50% of such costs if the City does not have funds available to complete the widening project provided that the advancement of funds is subject to reimbursement agreement between the City and the applicant to be executed before award of the construction contract for the bridge widening project.

e. The applicant shall widen the existing five-foot-wide sidewalk located along the north side of Trabuco Road between Sand Canyon Avenue and the Trabuco/SR-133 Interchange to a width of eight feet. The widening of the existing sidewalk as described shall be completed at a time no later than the completion of the widening of the Trabuco/SR-133 bridge.

9. The Master Landscape and Trails Plan shall identify potential locations for bus shelters, and illustrate pedestrian access routes to the bus stop locations from residential areas within Planning Area 40 as indicated in Section 9-40-7.U.

10. The Master Landscape and Trails Plan shall include a plant palette that is to be used to coordinate the landscaping of parkways along all major streets with Planning Area 40. The plant palette shall reflect the City of Irvine Master Streetscape Plan as applicable to all streets within Planning Area 40 including Jeffrey Road, Trabuco Road, Sand Canyon Avenue and "O" Street. The plant palette for Trabuco Road (east of SR-133) and for "O" Street shall be coordinated with adjacent property owners in Planning Area 51 to provide a uniform aesthetic streetscape. To the extent that there are variations between the proposed streetscapes in this area, the City shall be responsible for determining the preferred treatment to be employed.

K. 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.

L. Green building requirements. The applicant will comply with all City, State, and federal greenhouse gas emissions and green building requirements applicable to new development on a City-wide basis that are in place at the time of each tentative tract map approval within Planning Area 40.

M. Residential architecture. A variety of architectural styles and forms will be used to express differences among projects and neighborhoods within the planning area. Variations of the following elements may be used by the developer:

1. Overall form. Some symmetry at front facades or around entries will be used to create balance in the overall form. Entry view corridors terminating at blank walls and/or blank building elevations shall be discouraged. Views of elevations of multifamily structures with exterior walkways serving as common access for dwellings on second and third floors shall be screened from public rights-of-way either through building orientation or other architectural or landscape elements.

2. Roof form. Roof massing will be varied with a strong cornice line. Clay, concrete tile, and slate will be used predominantly with consistent earthtone colors.

3. Details. Simple cornices, moldings, projections and recesses, and integral-colored accent materials such as ceramic tile, brick, garden walls (stone or painted stucco) and picket gates will be used.

4. Site design. Terraces, plazas, arcades, colonnades, and pergolas will be used to define pedestrian areas. Units will be clustered around open spaces and public and private areas will be separated.

5. Architectural features. Architectural features (not including chimneys) on individual residential structures may in limited circumstances exceed the established height limit by a maximum of 10% of the roof area on which the structure is secured but in no event shall exceed 10 feet above applicable zoning district height limit. For Area 2.41 architectural features include towers, lofts mezzanines and mechanical equipment screen walls.

6. Building heights along Trabuco Road. Structures immediately adjacent to Trabuco Road shall not exceed two stories.

N. Multi-Use 3.1 H and Medical and Science 5.5D architecture. The nonresidential portion of the planning area will have a clean and contemporary architectural style, similar to PA 31. In conjunction with each tentative tract map ("B" map) or parcel map for Medical and Science parcels adjacent to areas zoned residential, the applicant shall demonstrate how Multi-Use and Medical and Science architecture will be compatible with residential uses with particular reference to proposed building heights, locations of loading docks and storage areas, treatment of parking areas, and proposed landscaping. Vehicular access along "O" Street (Ridge Valley) and the adjacent Great Park shall be evaluated at the time of tentative tract maps ("B" maps) or parcel maps.

1. Building Height for Mini-Warehouse Uses: Mini-Warehouse buildings on parcel(s) in the 5.5D Medical and Science zone located at the intersection of Ridge Valley and Marine Way shall be limited to a maximum height of 40 feet unless located beyond 100 feet from the face of curb of Marine Way. The maximum building height beyond 100 feet from face of curb of Marine Way shall be 55 feet.

2. Signage: A sign program, reviewed by the Zoning Administrator (or appropriate approval body as identified in Section 7-2-1 Special Sign Regulations of the Zoning Ordinance), shall be required for any signage adjacent to Marine Way on parcel(s) in the 5.5D Medical and Science zone located at the intersection of Ridge Valley and Marine Way.

3. Building Design for Mini-Warehouse Uses: Direct individual storage unit access (i.e. roll-up doors) shall not be visible from Marine Way on parcel(s) in the 5.5D Medical and Science zone located at the intersection of Ridge Valley and Marine Way.

O. Landscape setbacks. The landscape setbacks for the project edge shall be in accordance with Streetscape Sections A through K herein and with the City of Irvine Master Streetscape Plan. Any transit right-of-way along "O" Street (Ridge Valley) and the adjacent Great Park shall be accommodated within the landscaped setback shown on Street Section I.

1. Mini-Warehouse uses on parcel(s) in the 5.5D Medical and Science zone located at the intersection of Ridge Valley and Marine Way shall provide a 40-foot landscape setback, measured from the face of curb of Marine Way. Said landscape setback shall consist of enhanced landscaping, and may only include driveways, sidewalks, monument signs (subject to sign program approval), planters, and walls.

P. Alternative setback standards. Alternative setback standards for setbacks internal to the planning area may be approved in conjunction with any subsequent Planning Commission approval. A description of the proposed setbacks and how they differ shall be submitted. The Planning Commission will consider the following criteria and make appropriate findings, if necessary:

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

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

3. Suitability. The physical suitability of the site for the proposed project.

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

Q. Multi-Use. The Multi-Use Districts in Planning Area 40 may be developed with a single land use.

R. Child care.

1. The need for a child care facility shall be recognized in the development of Planning Area 40. Prior to the approval of the first tentative tract map for any residential uses in Planning Area 40 including dwelling units in the Multi-Use District, 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 in effect at that time. 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 within the planning area.

2. Prior to the approval of the first tentative tract map for any residential uses in Planning Area 40, including residential units in the Multi-Use District, the applicant shall address the following when locating a child care center if one is determined to be needed:

a. The size of any parcel that is designated for a potential child care center.

b. Child care centers shall be compatible with adjacent uses. Development of a child care center in conjunction with proposed elementary schools and adjacent to neighborhood parks, residential developments and/or neighborhood commercial centers shall be encouraged.

c. In locating a child care center, the proposed site shall be evaluated with regard 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, and major generators of traffic.

S. 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.

T. Carpool stalls. For office and industrial uses, carpools stalls shall be provided in accordance with Section 4-3-4.

U. Public transit.

1. Bus stop and turnout locations shall be identified through the design of the master tentative tract map. Wherever possible, bus stops shall be located at the far side of intersections to facilitate bus and traffic operations in the vicinity of pedestrian access points. The master tentative tract map for Planning Area 40 shall demonstrate that there is adequate right-of-way for the siting of bus shelters adjacent to identified bus stops.

2. Consideration shall be given, at the time of the review of each tentative tract map and/or Master Plan for residential development to provide pedestrian access to bus stop locations. Pedestrian access to the residential portions of the planning area shall be located within a reasonable walking distance of all planned or approved bus stop locations.

3. The applicant shall prepare, in cooperation with the City, a comprehensive study of a clean technology shuttle system that extends the existing shuttle system in IBC (the iShuttle) to the Irvine Transportation Center, the Great Park, and the Spectrum. The analysis will discuss and identify optional routes, stops, phasing, costs, and other information necessary to explore eligible funding opportunities available from the Orange County Transportation Authority (OCTA) or outside funding sources with the goal of commencing implementation of the system by December 2010. The applicant shall complete the study within 180 calendar days of the effective date of the zone change for Planning Area 40.

4. Prior to the recordation of the first residential tract map for Planning Area 40, the applicant shall request that the City evaluate the status of securing the necessary funding from OCTA and other available outside funding sources for the implementation of the clean technology shuttle system based on the options and corresponding financing plans identified in the applicant's study.

If the City's evaluation of the status of securing the necessary funds shows that there is a shortfall in funding for the clean technology shuttle system pursuant to the financing plan identified in the applicant's study, the City may require the applicant to fund the shortfall in an amount not to exceed $10 million dollars payable pursuant to a separate funding agreement. The separate funding agreement shall be executed before recordation of the applicant's first residential tract map for Planning Area 40.

(Ord. No. 03-13, § 9, 5-13-03; Ord. No. 08-12, § 3, 9-9-08; Ord. No. 19-19, § 4(Exh. A), 1-28-20; Ord. No. 21-05, Exh. A, 5-11-21; Ord. No. 23-15, § 6(Exh. A), 7-25-23; Ord. No. 25-22, § 4, 9-9-25)

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PLANNING AREA 40—PUBLIC PARKS AND SCHOOLS

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PLANNING AREA 40—PUBLIC TRAILS

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PLANNING AREA 40—STREET SECTION KEY MAP

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