Irvine Municipal Code Ch. 9-9 Planning Area 9 (woodbury (9A); Stonegate (9B))

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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 9-9.

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

(Code 1976, § V.E-809.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 01-10, § 3, 5-8-01; Ord. No. 02-06, 3-26-02; Ord. No. 02-09, §§ 1—7, 6-11-02; Ord. No. 04-11, § 3, 9-14-04; Ord. No. 05-12, § 6, 6-28-05)

A. Planning Area 9 is generally located at the northeast corner of Jeffrey Road and Trabuco and is bounded by Jeffrey Road, Trabuco Road, SR-I33 and Portola Parkway.

B. Planning Area 9 is intended to be a mixed-use village which provides for a full range of residential densities, commercial centers, recreation facilities, and office/high technology uses.

(Code 1976, § V.E-809.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; 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. 01-10, § 3, 5-8-01; Ord. No. 02-06, 3-26-02; Ord. No. 02-09, §§ 1—7, 6-11-02)

*ROW for SR-241/SR-133 is excluded from acreage calculations.

**At the time of submittal of development applications for residential units in the Multi-Use zoned areas, the applicant shall identify from which zoning categories dwelling units will be subtracted in order to accommodate the project.

***Total dwelling units subject to Section 9-9-7.D.

****Jeffrey Open Space Trail gross acreage is measured to the Jeffrey Road curb face.

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.

(Code 1976, § V.E-809.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 01-10, § 3, 5-8-01; Ord. No. 02-06, 3-26-02; Ord. No. 02-09, §§ 1—7, 6-11-02; Ord. No. 05-12, § 6, 6-28-05; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 08-12, § 3, 9-9-08; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 12-09, § 3(Exh. A), 5-22-12)

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

(Code 1976, § V.E-809.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95)

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

Individual project densities in Area 2.3J 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 2.3J cannot exceed 12.5 dwelling units/net acre. Individual project densities in Areas 2.4B and 3.1E may exceed 31.0 dwelling units/net acre. However, the overall density within 2.4B cannot exceed 31.0 dwelling units/net acre. Individual project densities in Area 2.4G may exceed 31.0 dwelling units/net acre. Individual project densities in Area 2.4G may exceed 31.0 dwelling units/net acre. For Area 2.4G development of 3,000 units is consistent with the Medium High Density category. For residential projects within Areas 2.3J, 2.4B, 2.4G and 3.1 E, the actual net density of individual projects will determine the development standards to be applied according to Sections 3-37-13, 3-37-14, 3-37-15 and 3-37-16, as applicable.

(Code 1976, § V.E-809.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 02-09, §§ 1—7, 6-11-02; Ord. No. 04-11, § 3, 9-14-04)

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A. See Division 3 for applicable general development requirements.

B. Incidental offices are permitted in conjunction with any permitted or conditional use. Incidental office space may occupy no more than 50 percent of the gross aggregate building floor area of a parcel. This limitation does not apply to offices of design professionals in the General Industrial District.

C. Affordable housing requirements for Area 2.4G. The affordable housing needs goal of 15 percent (five percent Income I, II; five percent Income III; and five percent Income IV) of the actual number of units built in Area 2.4G of Planning Area 9 shall be met utilizing a combination of new on-site construction and off-site affordable housing credits generated through the construction of new affordable units within Planning Area 1, 6, or 9. In conjunction with the submittal of the first tentative map within Area 2.4G of Planning Area 9, the applicant shall submit, and the City shall approve, an amendment to the master affordable housing program for the Northern Sphere area, originally adopted by the City in March 2003. The amendment shall reflect the addition of up to 3,000 dwelling units in Planning Area 9 and the requisite affordable housing units. The City will attempt to provide financial assistance, through the use of its CDBG and HOME funds, as well as to assist the applicant secure financial assistance from outside sources, to help achieve the affordable housing needs goal for Area 2.4G.

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 5, 6, 8, and 9 as called for in 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 and approved by the City Council prior to recordation of the first final map.

D. Maximum dwelling units. Notwithstanding the provisions of Section 9-9-3, but 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 by the landowner from Planning Area 9 to 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, 9-9-3, and 9-9-7, as applicable. No dwelling units will be permitted to be transferred from Planning Area 9 to either Planning Area 5B or 8A.

E. Parks. The location of public parks are conceptually shown on Exhibit B. Private parks will also be provided in order to meet local park requirements.

1. With the first residential tract map submitted for development in Planning Areas 5 (Area 2.31), 6, 8 (Area 2.3H), and 9, a comprehensive community park plan addressing community park requirements for Planning Areas 5 (Area 2.31), 6, 8 (Area 2.3H), and 9 will be submitted by the applicant. This park plan may also address community park requirements for other planning areas, including, but not limited to, Planning Areas 1 and 2. For community park credit within PA 9, parks may be less than 20 acres in size.

2. The community park requirement for PA 9 will be satisfied by the dedication of parkland and/or construction of park improvements consistent with the Community Parks Park Plan (case number 00321912-PPP) as may be amended from time-to-time.

F. Arterial highways. The following arterials are located adjacent to or within Planning Area 9:

G. Eucalyptus trees. The existing eucalyptus windrows in PA 9, in immediately adjacent planning areas and in the Jeffrey Open Space Trail, will be retained in parks, median landscaping, and landscaped setbacks to the extent trees are deemed sufficiently healthy for preservation in accordance with a survey conducted by a certified arborist and do not conflict with infrastructure improvements. To maximize the number of trees retained in the Trabuco Road median, there shall be no more than four breaks in the median between Jeffrey Road and Sand Canyon Avenue.

H. Preservation/NCCP Reserve dedication. Prior to or concurrent with the recordation of the first subdivision map in PA 9, the applicant shall record an offer of dedication in favor of the City for the Preservation Area "P" in PA I shown on Exhibit A. Such offer will be in compliance with Section 8-14-1 and may be accepted by the City no sooner than 90 days following issuance of 75 percent building permits for dwelling units and 75 percent of the square footage for nonresidential structures.

1. Any trails in the NCCP Reserve and/or preservation area will be designed, constructed, owned and maintained by the City of Irvine.

2. Because the NCCP Reserve and Preservation category are co-terminus in this dedication, the NCCP shall serve as the Open Space and Management Plan required under Section 9-16-1.

I. Pedestrian links. 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 subject to review and approval by the City Engineer. Pedestrian walks should link commercial sites, schools, parks, and residential neighborhoods. With submittal of the first residential tract map south of Irvine Boulevard, a Master Plan of bicycle and pedestrian trails shall be submitted for the entire portion of the planning area south of Irvine Boulevard. With submittal of the first residential tract map north of Irvine Boulevard, a Master Plan of bicycle and pedestrian trails shall be submitted for the entire portion of the planning area north of Irvine Boulevard.

Area 2.4G. With submittal of the first residential tract map east of Sand Canyon (Area 2.4G), a Master Plan of bicycle and pedestrian trails shall be submitted for the entire portion of the planning area east of Sand Canyon. The Master Plan of bicycle and pedestrian trails for Area 2.4G shall include the reservation of right-of-way allowing options for an off-street trail providing for the safe movement of bicycles and pedestrians between the planned Sand Canyon Trail and the Great Park site.

J. Jeffrey Open Space Trail. The Jeffrey Open Space Trail (JOST) within Planning Area 9 will provide a continuous open space edge of the eastern side of the ultimate alignment of Jeffrey Road from Trabuco Road to Portola Parkway. The JOST shall be the equivalent of 325 feet in width as measured from the Jeffrey Road curb face (approximately 72 acres: 38 acres between Trabuco and Irvine Boulevard and 34 acres between Irvine Boulevard and Portola Parkway). JOST width may vary, but may not be less than 200 feet adjacent to Area 2.3J and 50 feet adjacent to Area 4.4. The JOST will serve as the village edge for the adjoining development areas, and no further village edge dedications or improvements will be required. Improvement of the JOST shall be consistent with the design character listed in Section 9-6-7.H.2. JOST improvements may be proposed by the applicant in lieu of dedication, as generally defined in Section 5-5-1004.F.1 of the Municipal Code (in effect at the time of approval of this zoning) and in accordance with this section.

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 and, where deemed appropriate, an unpaved pedestrian trail.

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 homeowner 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 and park-and-ride facilities. For the purposes of the JOST, features identified in Section 9-6-7.H.l.a(2) are considered passive recreation.

2. Overall park design. North of the I-5 Freeway, to the NCCP boundary in Planning Area 6 (approximately 117 acres), design of the overall Jeffrey Open Space Trail shall be approved as a park design pursuant to Section 2-22-4.

Design concepts to be included in the overall design shall be consistent with the Jeffrey Open Space Trail consensus plan reviewed by City Council on September 25, 2001. The design shall address grade separated crossings and undergrounding any overhead utility lines, including costs, timing, and responsible entities.

Adoption of this overall park design shall establish parameters by which JOST segments will be approved as adjacent development proposals are processed. It is also anticipated that an implementation agreement between The Irvine Company and the City documenting mutual understandings related to implementation issues such as costs, timing, and responsibilities will be approved as a part of this process.

This overall park design shall be reviewed by the Planning Commission and the Community and Library Services Commission, and shall be approved by the City Council.

3. Segment design approval process.

a. Segment park design. In conjunction with an application for any subdivision map adjacent to the JOST, a segment park design for the adjacent 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.

b. Request for improvements in lieu of dedication. Should improvements in lieu of dedication be proposed by the applicant, fair market value and improvement costs shall be established in the manner defined in Section 5-5-1004 of the Municipal Code or by means mutually acceptable to the applicant and the Director of Community and Library Services. Any modifications to the design through the approval process will be addressed by the implementation agreement noted in Section 9-9-7-H.2.

c. Segment plan approval. If the City adopts an overall park design, the segment park design shall be approved by the Directors of Community Development and Community and Library Services, provided the segment park design is deemed consistent with the overall park design. In the event the overall park design has not received approvals or if the segment park design is not consistent with an approved overall park design, the segment park design shall be subject to final approval by the Community and Library Services Commission. Appeals of decisions related to the segment park design shall be to the City Council.

4. 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).

b. Improvements will be installed on a segment-by-segment basis.

c. Prior to issuance of the first precise grading permit for property adjacent to the JOST, the developer shall commence construction of an 11-foot bicycle/pedestrian trail and all improvements in lieu of dedication, if any, within the adjacent spine segment. Once commenced the entire segment shall be completed in a single phase.

d. Any grade-separated-crossings shall be constructed and maintained by the City unless otherwise agreed to by the developer consistent with Section 9-6-7.H.2 herein. The City shall also maintain the bicycle/pedestrian trail, landscaping and all other improvements within the spine.

5. JOST conveyance.

a. Prior to the release of a final map for an area adjacent to the JOST, 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 JOST 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 JOST 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.

K. Trails. Prior to approval of the first residential tentative tract map within this planning area, the applicant shall submit a master trails plan, which addresses public and private trails and linkages, public viewpoints, public access points to the open space, links to public parks and schools within the planning area, signage, and construction phasing of trails. This plan shall be consistent with the General Plan Trails Network Figure B- 4 and also demonstrate how access to dedicated open space will be controlled and managed by the City through fencing and other means. This plan shall include a pedestrian link from the Jeffrey Open Space Trail, located across Jeffrey Road from the terminus of the Venta Spur Trail, connecting through the planning area and allowing a connection to the existing sidewalks at the Irvine Boulevard and Trabuco Road crossings over SR 133. This link need not be a direct linear connection to Sand Canyon to conform to General Plan Exhibit B- 4. The master trails plan shall be submitted for review and comment by the Community and Library Services Commission and approved by the Planning Commission.

L. 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.

M. Residential/community commercial 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 used 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 2.4G architectural features include towers, lofts mezzanines and mechanical equipment screen walls.

6. Building heights along arterial roadways. Residential structures adjacent to arterial roadways, except along Sand Canyon Avenue, shall not exceed two stories.

N. Medical and Science. The industrial portion of the planning area will have a clean and contemporary architectural style, similar to PA 31 and 39. In conjunction with each tentative tract map ("B" map) or parcel map for Medical and Science parcels adjacent to areas zoned residential (north of Irvine Boulevard), the applicant shall demonstrate how Medical and Science uses 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 between Medical and Sciences uses and adjacent residential development north of Irvine Boulevard shall be evaluated at the time of tentative tract maps ("B" maps) or parcel maps. Vehicular access between Medical and Sciences uses and adjacent residential development shall be designed so that conflicts with residential neighborhoods are minimized.

O. Landscape setbacks. The landscape setbacks for the project edge shall be in accordance with Exhibit C. Additionally, streetscapes required with development of Planning Area 9 shall be consistent with the City of Irvine Master Streetscape Plan.

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 zones areas may be developed with a single land use.

R. Child care.

1. The need for child care facilities shall be recognized in the development of Planning Area 9. Prior to the approval of the first tentative tract map for the residential portion of this planning area, 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 the residential portion of this planning area, the applicant shall address the following when locating any child care center:

a. The location of any child care center(s) shall be determined.

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

c. 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.

d. 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. Hydrology. In conjunction with the submittal of specific development plans, the applicant shall demonstrate that storm drain systems will include project design features (PDF) for treatment of project related stormwater runoff to improve the quality of discharges into San Diego Creek. This will be addressed as follows:

1. The proposed PDF consists of two components. First, the existing Trabuco Retarding Basin will be modified to treat over a 24-hour period to a volume of runoff produced by a 24-hour, 85th percentile storm event (runoff from 0.75 inch, 24-hour storm) over the 1,226-acre PA 9. Second, for any area not tributary to the Trabuco Basin, BMPs (for example, BMPs that achieve similar performance per National BMP Database ratings as catchbasin inserts) will be designed to infiltrate, filter or treat the volume of runoff produced by either (a) a 24-hour, 85th percentile storm event (runoff from 0.75 inch, 24-hour storm), or (b) the maximum flow rate of runoff produced by a rainfall intensity of 0.2 inch of rainfall per hour.

T. Circulation. In conjunction with the submittal of any traffic study for this planning area, alternative solutions for any proposed triple left turn lanes shall be identified.

(Code 1976, § V.E-809.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, 5-9-95; Ord. No. 95-22, § 3, 11-28-95; Ord. No. 02-09, §§ 1—7, 6-11-02; Ord. No. 04-03, § 3, 2-24-04; Ord. No. 04-11, § 3, 9-14-04; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 19-19, § 4(Exh. A), 1-28-20; Ord. No. 21-05, Exh. A, 5-11-21; Ord. No. 23-09, § 4(Exh. A), 5-23-23; Ord. No. 25-22, § 4, 9-9-25)

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